Item - 2014.MM51.5

Tracking Status

  • City Council adopted this item on May 6, 2014 without amendments.

MM51.5 - Electronic Dance Music Concerts - Exhibition Place - by Councillor Mike Layton, seconded by Councillor Michael Thompson

Decision Type:
ACTION
Status:
Adopted
Ward:
19 - Trinity-Spadina

City Council Decision

City Council on May 6, 7 and 8, 2014, adopted the following:

 

1          City Council, pursuant to subsection 141(1)6. of the City of Toronto Act, 2006:

 

             a.        require the Board of Governors of Exhibition Place to reverse the policy adopted by the Board on April 11, 2014 to not undertake new negotiations for the purpose of leasing Exhibition Place facilities to third parties for the purpose of staging Electronic Dance Music Concerts subject to any executed license agreement, and to adopt a policy consistent with City Council's decision of August 1, 2, 3 and 4, 2000 to permit such events at Exhibition Place, on condition that safety measures are established;

 

             b.         require the Board of Governors of Exhibition Place to direct the Chief Executive Officer of Exhibition Place to undertake a consultation process to review the safety protocol for Exhibition Place Facilities Requirements, attached as Appendix A, including consultation with the City of Toronto Emergency Services and Toronto Public Health for Electronic Dance Music Concerts and dance parties, and to make appropriate amendments resulting from this review to ensure that Exhibition Place and event producers provide a safe venue for these events; and

 

             c.        require the Board of Governors of Exhibition Place to report back to Council by July, 2014 on the review of its April 11, 2014 decision, after completion of the consultation process and the review of its safety protocol, with its decisions on the hosting of Electronic Dance Music Concerts at Exhibition Place facilities. 

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on May 8, 2014, and considered confidential information on this Motion as it pertains to security of the property of the municipality or local board.

Background Information (City Council)

Member Motion MM51.5
https://www.toronto.ca/legdocs/mmis/2014/mm/bgrd/backgroundfile-68890.pdf
Appendix "A" Exhibition Place Facility Requirements for EDM and Dance Parties
https://www.toronto.ca/legdocs/mmis/2014/mm/bgrd/backgroundfile-68960.pdf

Communications (City Council)

(May 4, 2014) E-mail from William Kerr (MM.Supp.MM51.5.1)
(February 27, 2014) Submission from Toronto Public Health on Dance Parties in City-owned Venues, submitted by Councillor Mike Layton (MM.New.MM51.5.2)
https://www.toronto.ca/legdocs/mmis/2014/mm/comm/communicationfile-47097.pdf
(May 7, 2014) Submission from Councillor Gloria Lindsay Luby - Newspaper article entitled "Drake, Atlanta rapper sued over alleged nightclub attack" (MM.New.MM51.5.3)
https://www.toronto.ca/legdocs/mmis/2014/mm/comm/communicationfile-47098.pdf

Motions (City Council)

Motion to Waive Referral (Carried)

Speaker Nunziata advised Council that the provisions of Chapter 27, Council Procedures, require that Motion MM51.5 be referred to the Executive Committee. A two-thirds vote of the Council Members present is required to waive referral.

Vote (Waive Referral) May-07-2014 3:10 PM

Result: Carried Two-Thirds Required - MM51.5 - Waive referral
Total members that voted Yes: 29 Members that voted Yes are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Cesar Palacio, Gord Perks, Anthony Perruzza, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 14 Members that voted No are Paul Ainslie, Gary Crawford, Vincent Crisanti, Doug Ford, Mark Grimes, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), John Parker, James Pasternak, Jaye Robinson, David Shiner, Michael Thompson
Total members that were Absent: 2 Members that were absent are Frank Di Giorgio, Rob Ford

Report of Committee of the Whole

May 8, 2014 at 3:41 p.m. – Speaker Nunziata advised that City Council had considered Motion MM51.5 - Electric Dance Music Concerts - Exhibition Place in the closed session. No motions were made on this Item.


1 - Motion to Defer Item moved by Councillor Mark Grimes (Lost)
That City Council defer consideration of MM51.5 to its June 10 and 11, 2014 meeting and request the Board of Governors to provide to City Council for consideration with the item, copies of the confidential materials considered by the Board during its closed session on April 11, 2014 on this matter, with as much of the content to be provided publicly, after review by the City Solicitor.

Vote (Defer Item) May-08-2014 4:49 PM

Result: Lost Majority Required - MM51.5 - Grimes - motion 1 - Defer the item
Total members that voted Yes: 8 Members that voted Yes are Michelle Berardinetti, Gary Crawford, Mark Grimes, Frances Nunziata, John Parker (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson
Total members that voted No: 26 Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Gord Perks, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 11 Members that were absent are Vincent Crisanti, Frank Di Giorgio, Paula Fletcher, Doug Ford, Rob Ford, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Cesar Palacio, David Shiner, Karen Stintz

Motion to Adopt Item (Carried)

Vote (Adopt Item) May-08-2014 4:55 PM

Result: Carried Majority Required - MM51.5 - Adopt the item
Total members that voted Yes: 31 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, John Parker (Chair), Gord Perks, Anthony Perruzza, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Gary Crawford, Mark Grimes, James Pasternak, Jaye Robinson
Total members that were Absent: 10 Members that were absent are Vincent Crisanti, Frank Di Giorgio, Paula Fletcher, Doug Ford, Rob Ford, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata, Cesar Palacio

Motion to End Debate moved by Councillor Raymond Cho (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item MM51.5 and take the vote immediately.

Vote (End Debate) May-08-2014 4:53 PM

Result: Carried Two-Thirds Required - MM51.5 - End debate
Total members that voted Yes: 27 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Mike Del Grande, Sarah Doucette, John Filion, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, John Parker (Chair), James Pasternak, Gord Perks, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 6 Members that voted No are Josh Colle, Glenn De Baeremaeker, Mark Grimes, Josh Matlow, Anthony Perruzza, Jaye Robinson
Total members that were Absent: 12 Members that were absent are Vincent Crisanti, Frank Di Giorgio, Paula Fletcher, Doug Ford, Rob Ford, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata, Cesar Palacio, David Shiner, Karen Stintz

Point of Order by Councillor Mark Grimes

Councillor Grimes, rising on a Point of Order, stated that confidential materials considered by the Board of Governors of Exhibition Place were not before Council today and he requested this information be released publicly in order to review prior to consideration of Notices of Motion scheduled on May 8, 2014 at 2:00 p.m.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted Councillor Grimes's Point of Order and stated that she would consult with the Solicitor on Councillor Grimes's request.


Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, stated that he had previously requested that information concerning Emergency Medical Services on this Item be circulated.  Councillor Mammoliti stated that the City Solicitor has confidential information that can now be released and requested the Speaker to rule on the matter.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted Councillor Mammoliti's Point of Order and advised Council that she would rule following the lunch recess.


Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, stated that he wanted the Members of Council to have the same statistics provided by Emergency Medical Services as had been made available to the Board of Governors of Exhibition Place for review.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted Councillor Mammoliti's Point of Order and advised Council that she would rule when the Item is considered.


Point of Order by Councillor Mark Grimes

Councillor Grimes, rising on a Point of Order, requested the confidential information provided to the Board of Governors Exhibition Place be made available to Members of Council.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and requested the City Solicitor to comment.

The City Solicitor advised Council that the confidential material that had been before the Board of Governors of Exhibition Place at their meeting is not before Council today; that going into Closed session will not permit Members to ask the General Manager, Exhibition Place questions concerning the confidential information; and further, that the General Manager must not breach confidentiality of the confidential materials that were before the Board of Governors.


Point of Order

Earlier in the meeting, Speaker Nunziata agreed to review Councillor Mammoliti's Point of Order concerning the confidential documents related to Item MM51.5 on Electronic Dance Music Concerts and to provide a ruling.

Ruling by Speaker Frances Nunziata
Speaker Nunziata made the following ruling:

First I want to clarify for Members and the public, there are no confidential documents before Council on this motion. Councillor Mammoliti was referring to confidential documents considered by the Board of Governors of Exhibition Place at its recent meeting. I take it from Councillor Mammoliti's comments that he wishes City Council to have these documents, made public if possible, before it considers this item. Unfortunately, if City Council wishes to have those documents before Council, it will have to ask the Board of the Exhibition Place Board to provide them. If the board complies, the documents may or may not be able to made public. Having said this, the City Solicitor has been reviewing this matter and advises me that EMS staff have indicated they are prepared to be present for the debate on the motion and answer questions. Councillor Mammoliti, perhaps questioning will satisfy your requirement for additional information . If you would like Council to consider the Exhibition Place documents, then the proper procedure would be to wait until we get to debate on that item and move deferral of the item and make the request of the Board. In any event, we have not yet decided whether or not to waive referral and add the motion to the agenda, so I suggest all further discussion wait until that time.

Source: Toronto City Clerk at www.toronto.ca/council