Item - 2013.GM20.3

Tracking Status

  • This item was considered by City Council on April 3, 2013 and was not adopted.
  • This item was considered by the Government Management Committee on February 25, 2013 and adopted without amendment. It will be considered by City Council on April 3, 2013.

GM20.3 - Proposed Payments in Lieu of Taxes (PILT) Settlement, Billy Bishop Toronto City Airport

Decision Type:
ACTION
Status:
Not Adopted
Wards:
All

City Council Decision

City Council on April 3 and 4, 2013, did not adopt this item.

Confidential Attachment - 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

Background Information (Committee)

(February 7, 2013) Report from the City Solicitor and the Treasurer on Proposed Payment in Lieu of Taxes (PILT) Settlement, Billy Bishop Toronto Centre Airport
https://www.toronto.ca/legdocs/mmis/2013/gm/bgrd/backgroundfile-55952.pdf
(February 12, 2013) Confidential Attachment 1 - Proposed Payment in Lieu of Taxes (PILT) Settlement, Billy Bishop Toronto Centre Airport (BBTCA)

Communications (City Council)

(March 25, 2013) Letter from Mark McQueen, Chairman, Toronto Port Authority - this letter is confidential as it relates to litigation or potential litigation (CC.Main.GM20.3.1)
(March 28, 2013) E-mail from Dr. Alan Barthel (CC.New.GM20.3.2)
(April 2, 2013) Letter from Max Moore, Harbourfront Community Association (CC.New.GM20.3.3)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-35494.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Apr-03-2013 2:11 PM

Result: Carried Majority Required - GM20.3 - Adopt the item
Total members that voted Yes: 20 Members that voted Yes are Paul Ainslie, Maria Augimeri, Raymond Cho, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Josh Matlow, Mary-Margaret McMahon, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson
Total members that voted No: 11 Members that voted No are Shelley Carroll, Janet Davis, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Gord Perks, Adam Vaughan
Total members that were Absent: 14 Members that were absent are Ana Bail„o, Michelle Berardinetti, Josh Colle, Glenn De Baeremaeker, Mark Grimes, Mike Layton, Giorgio Mammoliti, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker, James Pasternak, Karen Stintz, Kristyn Wong-Tam

Motion to Reconsider Item moved by Councillor Mary-Margaret McMahon (Carried)

That in accordance with Chapter 27, Council Procedures, Council reconsider Item GM20.3.

Vote (Reconsider Item) Apr-03-2013 2:15 PM

Result: Carried Two-Thirds Required - GM20.3 - Re-open GM20.3
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan
Total members that voted No: 1 Members that voted No are Mike Del Grande
Total members that were Absent: 8 Members that were absent are Michelle Berardinetti, Glenn De Baeremaeker, Mark Grimes, Giorgio Mammoliti, Denzil Minnan-Wong, John Parker, James Pasternak, Kristyn Wong-Tam

Motion to Adopt Item (Lost)

Vote (Adopt Item) Apr-03-2013 2:15 PM

Result: Lost Majority Required - GM20.3 - Adopt the item - REVOTE
Total members that voted Yes: 18 Members that voted Yes are Paul Ainslie, Maria Augimeri, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson
Total members that voted No: 19 Members that voted No are Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Anthony Perruzza, Adam Vaughan
Total members that were Absent: 8 Members that were absent are Michelle Berardinetti, Glenn De Baeremaeker, Mark Grimes, Giorgio Mammoliti, Denzil Minnan-Wong, John Parker, James Pasternak, Kristyn Wong-Tam

Point of Order by Deputy Mayor Doug Holyday

Deputy Mayor Holyday, rising on a Point of Order, asked if the confidential information on this Item could be released to the public. 

 

Speaker Nunziata, on the advice of the City Solicitor, advised Members that the confidential information is to remain confidential.

GM20.3 - Proposed Payments in Lieu of Taxes (PILT) Settlement, Billy Bishop Toronto City Airport

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Confidential Attachment - 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

Committee Recommendations

The Government Management Committee recommends that:

 

1.         City Council adopt the recommendations contained in Confidential Attachment 1 to the report (February 12, 2013) from the City Solicitor and the Treasurer.

 

2.         City Council direct that Confidential Attachment 1 to the report (February 12, 2013) from the City Solicitor and the Treasurer, including all Appendices, remain confidential as it contains advice and information that is subject to solicitor-client privilege and pertains to litigation or potential litigation.  City Council authorize the public release of all or a portion of the confidential instructions once adopted by City Council at the discretion of the City Solicitor.

 

3.         City Council authorize and direct the appropriate City staff to take the necessary action to give effect thereto.

Decision Advice and Other Information

The Government Management Committee recessed its public session and met in closed session to consider confidential information on this item as it contains advice or communications that are subject to solicitor-client privilege and pertains to litigation or potential litigation that affects the City.

Origin

(February 12, 2013) Report from the City Solicitor and the Treasurer

Summary

This report recommends a proposed settlement with the Toronto Port Authority (TPA) to resolve the outstanding Payment in Lieu of Taxes (PILT) dispute for the Billy Bishop Toronto Centre Airport (BBTCA). The details of the proposed settlement are discussed in Confidential Attachment 1.

Background Information

(February 7, 2013) Report from the City Solicitor and the Treasurer on Proposed Payment in Lieu of Taxes (PILT) Settlement, Billy Bishop Toronto Centre Airport
https://www.toronto.ca/legdocs/mmis/2013/gm/bgrd/backgroundfile-55952.pdf
(February 12, 2013) Confidential Attachment 1 - Proposed Payment in Lieu of Taxes (PILT) Settlement, Billy Bishop Toronto Centre Airport (BBTCA)

Speakers

Councillor Adam Vaughan
Councillor Kristyn Wong-Tam

Motions

1 - Motion to Meet in Closed Session moved by Councillor Paul Ainslie (Carried)

11:40 a.m. - That the Government Management Committee recess its public session to meet in closed session to consider Item GM20.3 “Proposed Payment-in-Lieu of Taxes (PILT) Settlement, Billy Bishop Toronto Centre Airport”, as the matter contains advice or communications that are subject to solicitor-client privilege and pertains to litigation or potential litigation that affects the City.


2 - Motion to Meet in Closed Session moved by Councillor Paul Ainslie (Carried)

1:38 p.m. - That the Government Management Committee recess its public session to meet in closed session to consider Item GM20.3 “Proposed Payment-in-Lieu of Taxes (PILT) Settlement, Billy Bishop Toronto Centre Airport”, as the matter contains advice or communications that are subject to solicitor-client privilege and pertains to litigation or potential litigation that affects the City.


3 - Motion to Amend Item (Additional) moved by Councillor Mary Fragedakis (Lost)

That:

 

1.         City Council direct that no lease or agreements with the Toronto Port Authority be modified or entered into without outstanding tax issues being resolved.

 

2.         City Council direct that no new lease agreement be entered into with the Port Authority, without an agreement being included as to how taxes, or payment in lieu of taxes, will be paid to the City.


4 - Motion to Adopt Item moved by Councillor Paul Ainslie (Carried)
Source: Toronto City Clerk at www.toronto.ca/council