Item - 2017.AU9.12

Tracking Status

  • City Council adopted this item on July 4, 2017 with amendments.
  • This item was considered by Audit Committee on June 27, 2017 and was adopted with amendments. It will be considered by City Council on July 4, 2017.

AU9.12 - Auditor General's Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority - Part 2

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on July 4, 5, 6  and 7, 2017, adopted the following:

 

1. City Council request the Toronto Parking Authority to implement the following recommendations contained in the report (June 22, 2017) from the Auditor General to the Toronto Parking Authority Board of Directors:

 

1. The Board of Directors acknowledge and endorse the following as necessary improvements to the processes by the Toronto Parking Authority and refer them to the President for any necessary action:

 

a. have non real estate assets with significant contributory value appraised by independent business valuators;

 

b. prepare engagement letters for appraisers, valuators and consultants if relying on the value to support a purchase price to ensure there is a clear understanding of key terms of engagement such as scope, fees, methodology, timing, conflicts of interest declarations and expectations;

 

c. ensure persons involved with procurement transactions do not have actual or perceived conflicts of interest;

 

d. ensure confidentiality agreements are signed by persons who are advisors on transactions;

 

e. ensure that Toronto Parking Authority obtains independent arms-length property valuations before requesting the board to approve a transaction;

 

f. ensure the Board has proper procedural guidance during board meetings; and

 

g. arrange a formal board training session to provide information on Board member’s duties, risks and responsibilities.

 

2. The Board of Directors request the President to review and recommend to City Council appropriate amendments to Toronto Parking Authority’s by-law.

 

2. City Council acknowledge that while there has been no evidence of wrong-doing on the part of the Board of the Toronto Parking Authority, or any of its individual members, it is in the City's and Board's interest for there to be an interim governance arrangement while the Auditor General's findings are reviewed in more detail.

 

3. City Council place the members of the Toronto Parking Authority Board on a leave of absence without remuneration effective immediately while the City Manager conducts an investigation into the findings of the Auditor General.

 

4. City Council amend the composition of the Toronto Parking Authority Board on an interim basis, to be composed of the following City officials appointed by virtue of office, each of whom shall serve without additional compensation:

 

a. the City Manager, as Chair;

b. the Chief Corporate Officer; and

c. the Deputy City Manager, Cluster A. 

 

5. City Council request the City Manager to report to the Executive Committee on the governance and composition of the Board of the Toronto Parking Authority following the completion of City Manager's investigation and no later than December 31, 2017.

 

6. City Council appoint the City Clerk as secretary to provide meeting management support to the Toronto Parking Authority Board of Directors, such services to be provided at the Toronto Parking Authority’s expense in accordance with a service agreement to be mutually agreed upon by the Toronto Parking Authority Board and the City Clerk.

 

7. City Council direct the City Clerk to provide meeting management support to the Board of Directors for the Toronto Parking Authority in a manner consistent with the City Clerk's support to City Council and its committees, including, but not limited to:
 

a.  publishing all Board meeting dates, times, and locations on the City's website at toronto.ca/council;
 

b.  publishing Board meeting agendas and background documents on the City's website a minimum of five days before a scheduled meeting;
 

c.  publishing the minutes of Board meetings on the City's website; and
 

d.  ensuring that all Board meetings begin and end in public and are accessible to the public, except those portions where the Board is permitted to meet in closed session under Section 190 of the City of Toronto Act, 2006.
 

8. City Council direct the Board of Directors of the Toronto Parking Authority to adopt City Hall as its usual meeting place.
 

9. City Council direct the Board of Directors of the Toronto Parking Authority to adopt the best practice of requiring written documentation for agenda items to ensure that the Board's decision-making is open and transparent to the public.
 

10. City Council direct the Board of Directors of the Toronto Parking Authority to follow the procedures of Municipal Code Chapter 27, Council Procedures, as it applies to Committees of Council, with any necessary modifications until such time that new procedures for Board can be drafted and approved by City Council.

 

11. City Council request the City Manager and the City Clerk to review and report, as part of the implementation of the Agency governance review, on whether the Toronto Parking Authority Board of Directors should be increased by two Directors.

 

12. City Council request the City Clerk to review the qualifications for City Agencies and consider whether to recommend to the Executive Committee whether at least one board member on each Agency board should hold a Director’s designation qualification.

 

13. City Council request the City Manager, in consultation with the City Clerk and the City Solicitor, to update as necessary guidelines and training for Agency boards based on the findings in the report (June 22, 2017) from the Auditor General.

 

14. City Council request the City Manager to retain the services of a qualified expert in board governance to review and evaluate the actions of the Toronto Parking Authority Board in this matter and report to City Council at the appropriate time.

 

15. City Council request the City Manager to report to the Executive Committee on a program to review major City Agencies, Boards and Corporations on a rolling basis so that Agencies are reviewed once per term of office, such reviews to focus on the governance of each body including consistency with City of Toronto objectives and directions including financial management, accountability and overall performance.

 

16. City Council request the Integrity Commissioner to review the circumstances of this matter and any other relevant information, and, if necessary, make recommendations about possible Code of Conduct or policy amendments pertaining to the Toronto Parking Authority Board or any local Board (restricted definition) regarding whistle blower or dissenting viewpoint protections for Board members.

 

17. City Council forward copies of the reports from the Auditor General and external counsel for the Toronto Parking Authority to the Integrity Commissioner with a request that the Integrity Commissioner conduct an investigation into whether current or past members of the Boards of the Toronto Parking Authority and the Emery Village Business Improvement Area contravened the Code of Conduct in dealing with this matter.

 

18. City Council request the Lobbyist Registrar to undertake an investigation of the conduct of the lobbyists and consultants involved in this matter.

  

19. City Council request the City Manager to review whether the existing whistle-blowing and reprisal protection provisions that apply to directors of City Agencies are adequate and, if necessary, report on ways and means of enhancing them.

 

20.  City Council direct that all real property transactions involving the Toronto Parking Authority be directed through the Real Estate Services Division's delegated authority approval process and due diligence procedures.  

 

21. City Council direct that the confidential submission from the City Manager, a letter (June 29, 2017) from Gavin MacKenzie, MacKenzie Barristers Professional Corporation, be made public.

 

22. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 4, 2017) from the City Manager and the City Solicitor.

 

23. City Council direct that Confidential Attachment 1 to the supplementary report (July 4, 2017) from the City Manager and the City Solicitor remain confidential in its entirety as it contains advice which is subject to solicitor-client privilege.

 

Confidential Attachment 1 to the supplementary report (July 4, 2017) from the City Manager 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 which is subject to solicitor-client privilege.

 

The confidential submission from the City Manager, a letter (June 29, 2017) from Gavin MacKenzie, MacKenzie Barristers Professional Corporation, is now public and can be accessed under Background Information (City Council).

City Council Decision Advice and Other Information

The Speaker advised City Council that at the Audit Committee meeting, the Chair had ruled that the confidential attachment to the Auditor General's report was a public document. The City Clerk subsequently posted the public attachment on the City's website.  

 

Beverly Romeo-Beehler, Auditor General, gave a presentation to City Council on this Item.

 

City Council recessed its public session and met as Committee of the Whole in two closed sessions on July 5, 2017, and one closed session on July 6, 2017 to consider confidential information on this Item as it pertains to the security of property belonging to the City or one of its agencies, personal matters about an identifiable person(s), and advice or communications that are subject to solicitor-client privilege.

 

City Council considered Items AU9.12 and CA17.2 together.

Confidential Attachment - The security of property belonging to the City or one of its agencies or corporations, personal matters about an identifiable person(s), and contains advice or communications that are subject to solicitor-client privilege

Background Information (Committee)

(June 22, 2017) Report from the Auditor General - Auditor Generalís Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority - Part 2
https://www.toronto.ca/legdocs/mmis/2017/au/bgrd/backgroundfile-105389.pdf
Attachment 1: Report (June 22, 2017) from the Auditor General addressed to the Board of Directors, Toronto Parking Authority - Auditor Generalís Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority - Part 2
https://www.toronto.ca/legdocs/mmis/2017/au/bgrd/backgroundfile-105390.pdf
(June 27, 2017) Revised Attachment 2 - Scope of the review of the Auditor Generalís Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority - Part 2
https://www.toronto.ca/legdocs/mmis/2017/au/bgrd/backgroundfile-105421.pdf
(June 27, 2017) Revised Confidential Attachment 1 - made public on Tuesday, June 27, 2017 pursuant to Chair's ruling
https://www.toronto.ca/legdocs/mmis/2017/au/bgrd/backgroundfile-105391.pdf
(June 13, 2017) Placeholder Report from the Auditor General - Auditor General's Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority - Part 2
https://www.toronto.ca/legdocs/mmis/2017/au/bgrd/backgroundfile-105118.pdf

Background Information (City Council)

(June 29, 2017) Supplementary report from the Auditor General on Auditor General's Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority - Part 2 (AU9.12b)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-105513.pdf
(July 4, 2017) Supplementary report from the City Manager and the City Solicitor on Actions Arising from Auditor General's Report regarding Land Acquisition at Finch Avenue West and Arrow Road by Toronto Parking Authority - Part 2 (AU9.12c)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-105580.pdf
Confidential Attachment 1
(July 5, 2017) Auditor General Presentation to City Council - Auditor General's Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority (AU9.12d)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-105575.pdf
Confidential submission from the City Manager, a letter (June 29, 2017) from Gavin MacKenzie, MacKenzie Barristers Professional Corporation - made public on July 6, 2017
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-105631.pdf

Motions (City Council)

Report of Committee of the Whole

July 5, 2017 at 12:27 p.m. - Speaker Nunziata advised that City Council had not completed its closed session consideration of Item AU9.12 headed "Auditor General's Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority – Part 2".  Speaker Nunziata advised that she would ask for a motion to meet in a further closed session later in the meeting.


Report of Committee of the Whole

July 5, 2017 at 3:44 p.m. - Speaker Nunziata advised that City Council had not completed its closed session consideration of Item AU9.12 headed "Auditor General's Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority – Part 2".  Speaker Nunziata advised that she would ask for a motion to meet in a further closed session later in the meeting.


Report of Committee of the Whole

July 6, 2017 at 12:27 p.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item AU9.12 headed "Auditor General's Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority – Part 2".  No motions were made during closed session. City Council would conduct the public debate on Item AU9.12 after the lunch recess.


1a - Motion to Amend Item (Additional) moved by Mayor John Tory (Carried)

That City Council adopt the following recommendations contained in the supplementary report (July 4, 2017), from the City Manager and City Solicitor [AU9.12c]:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1.

 

2. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

Vote (Amend Item (Additional)) Jul-06-2017 4:27 PM

Result: Carried Majority Required - AU9.12 - Tory - motion 1a
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Paula Fletcher, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, David Shiner

1b - Motion to Amend Item (Additional) moved by Mayor John Tory (Carried)

That:

 

1.  City Council direct the City Clerk to provide meeting management support to the Board of Directors for the Toronto Parking Authority in a manner consistent with her support to City Council and its committees, including, but not limited to:
 

a.  publishing all Board meeting dates, times, and locations on the City's website at toronto.ca/council;
 

b.  publishing Board meeting agendas and background documents on the City's website a minimum of 5 days before a scheduled meeting;
 

c.  publishing the minutes of Board meetings on the City's website; and
 

d.  ensuring that all Board meetings begin and end in public and are accessible to the public, except those portions where the Board is permitted to meet in closed session under Section 190 of the City of Toronto Act, 2006.
 

2.  City Council direct that Board of Directors of the Toronto Parking Authority adopt City Hall as its usual meeting place.
 

3.  City Council direct the Board of Directors of the Toronto Parking Authority to adopt the best practice of requiring written documentation for agenda items to ensure that the Board's decision-making is open and transparent to the public.
 

4.  City Council direct the Board of Directors of the Toronto Parking Authority to follow the procedures of Municipal Code Chapter 27, Council Procedures, as it applies to committees of Council, with any necessary modifications until such time that new procedures for Board can be drafted and approved by City Council.

Vote (Amend Item (Additional)) Jul-06-2017 4:28 PM

Result: Carried Majority Required - AU9.12 - Tory - motion 1b
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Paula Fletcher, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, David Shiner

1c - Motion to Amend Item (Additional) moved by Mayor John Tory (Amended)

That:

 

1. City Council acknowledge that while there has been no evidence of wrong-doing on the part of the board of the Toronto Parking Authority, or any of its individual members, it is in the City's and Board's interest for there to be an interim governance arrangement while the Auditor General's findings are reviewed in more detail.

 

2. City Council place the members of the Toronto Parking Authority Board on a leave of absence effective immediately while the City Manager conducts an investigation into the findings of the Auditor General. 

 

3. City Council amend the composition of the Toronto Parking Authority board on an interim basis, to be composed of the following City officials appointed by virtue of office, each of whom shall serve without additional compensation:

 

a. The City Manager, as chair

b. The Chief Corporate Officer

c. The Deputy City Manager, Cluster A. 

 

4. City Council request the City Manager to report to Executive Committee on the governance and composition of the board following the completion of his investigation and no later than December 31, 2017.

 

Amended by motion 5 by Councillor Fragedakis

Vote (Amend Item (Additional)) Jul-06-2017 4:30 PM

Result: Carried Majority Required - AU9.12 - Tory - motion 1c as amended
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Paula Fletcher, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, David Shiner

1d - Motion to Amend Item (Additional) moved by Mayor John Tory (Carried)

That City Council request the City Manager to report to the Executive Committee on a program to review major City agencies, boards, corporations and commissions on a rolling basis so that agencies are reviewed once per term of office, such reviews to focus on the governance of each body including consistency with City of Toronto objectives and directions including financial management, accountability and overall performance.

Vote (Amend Item (Additional)) Jul-06-2017 4:30 PM

Result: Carried Majority Required - AU9.12 - Tory - motion 1d
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are John Campbell
Total members that were Absent: 5 Members that were absent are Paula Fletcher, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, David Shiner

2 - Motion to Amend Item (Additional) moved by Councillor Stephen Holyday (Amended)

That:

 

1. City Council request the Integrity Commissioner to review the circumstances of this matter and any other relevant information, and, if necessary, make recommendations about possible Code of Conduct or policy amendments pertaining to the Toronto Parking Authority Board or any local Board (restricted definition) regarding whistle blower or dissenting viewpoint protections for Board members.

 

2. City Council forward copies of the reports from the Auditor General and external counsel for the Toronto Parking Authority to the Integrity Commissioner with a request that she conduct an investigation into whether members of the board contravened the code of conduct in dealing with this matter.

 

Amended by motion 4b by Councillor Davis

Vote (Amend Item (Additional)) Jul-06-2017 4:32 PM

Result: Carried Majority Required - AU9.12 - Holyday - motion 2 as amended
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Jim Karygiannis
Total members that were Absent: 5 Members that were absent are Paula Fletcher, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, David Shiner

3 - Motion to Amend Motion moved by Councillor Josh Matlow (Withdrawn)

That:

 

1.  City Council amend Recommendation 2 of motion 1c by Mayor Tory by adding the words "public" so that it now reads as follows:

 

2. City Council place the public members of the Toronto Parking Authority Board on a leave of absence effective immediately while the City Manager conducts an investigation into the findings of the Auditor General. 

  

2.  City Council amend Recommendation 3 of motion 1c by Mayor Tory by adding the words "plus the two Members of Council currently appointed" so that it now reads as follows:

 

3. City Council amend the composition of the Toronto Parking Authority board on an interim basis, to be composed of the following City officials appointed by virtue of office, each of whom shall serve without additional compensation:

 

a. The City Manager, as chair

b. The Chief Corporate Officer

c. The Deputy City Manager, Cluster A,

 

plus the two Members of Council currently appointed.


Motion to Withdraw a Motion moved by Councillor Josh Matlow (Carried)

That Councillor Josh Matlow be permitted to withdraw his motion 3.


4a - Motion to Amend Item (Additional) moved by Councillor Janet Davis (Carried)

That:

 

1. City Council request the Lobbyist Registrar to undertake an investigation of the conduct of the lobbyists and consultants involved in this matter.

Vote (Amend Item (Additional)) Jul-06-2017 4:33 PM

Result: Carried Majority Required - AU9.12 - Davis - motion 4a
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Jim Karygiannis
Total members that were Absent: 5 Members that were absent are Paula Fletcher, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, David Shiner

4b - Motion to Amend Motion moved by Councillor Janet Davis (Carried)

That City Council amend recommendation 2 of motion 2 by Councillor Holyday by adding the words "current and past" and "Toronto Parking Authority and the Emery Village Business Improvement Area" so that it now reads as follows:

 

2. City Council forward copies of the reports from the Auditor General and external counsel for the Toronto Parking Authority to the Integrity Commissioner with a request that she conduct an investigation into whether current and past members of the boards of the Toronto Parking Authority and the Emery Village Business Improvement Area contravened the Code of Conduct in dealing with this matter.

Vote (Amend Motion) Jul-06-2017 4:31 PM

Result: Carried Majority Required - AU9.12 - Davis - motion 4b
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Michael Ford, Mary Fragedakis, Jim Hart, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Neethan Shan, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 6 Members that voted No are John Campbell, Gary Crawford, Justin J. Di Ciano, Mark Grimes, Jim Karygiannis, Jaye Robinson
Total members that were Absent: 5 Members that were absent are Paula Fletcher, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, David Shiner

5a - Motion to Amend Motion moved by Councillor Mary Fragedakis (Carried)

That City Council amend Recommendation 2 of motion 1c by Mayor Tory by adding the words "without remuneration" after the word "absence" so that it now reads as follows:

 

2. City Council place the members of the Toronto Parking Authority Board on a leave of absence without remuneration effective immediately while the City Manager conducts an investigation into the findings of the Auditor General. 

Vote (Amend Motion) Jul-06-2017 4:29 PM

Result: Carried Majority Required - AU9.12 - Fragedakis - motion 5a
Total members that voted Yes: 30 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Michael Ford, Mary Fragedakis, Jim Hart, Michelle Holland, Stephen Holyday, Mike Layton, Chin Lee, Josh Matlow, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Neethan Shan, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 10 Members that voted No are John Campbell, Gary Crawford, Vincent Crisanti, Justin J. Di Ciano, Frank Di Giorgio, Mark Grimes, Jim Karygiannis, Norman Kelly, Cesar Palacio, Anthony Perruzza
Total members that were Absent: 5 Members that were absent are Paula Fletcher, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, David Shiner

5b - Motion to Amend Item (Additional) moved by Councillor Mary Fragedakis (Carried)

That City Council request the City Manager to review whether the existing whistle-blowing and reprisal protection provisions that apply to directors of City agencies are adequate and, if necessary, report on ways and means of enhancing them.

Vote (Amend Item (Additional)) Jul-06-2017 4:34 PM

Result: Carried Majority Required - AU9.12 - Fragedakis - motion 5b
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Paula Fletcher, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, David Shiner

6 - Motion to Amend Item (Additional) moved by Councillor John Filion (Carried)

City Council request the City Manager to retain the services of a qualified expert in board governance to review and evaluate the actions of the Toronto Parking Authority Board in this matter and report to City Council at the appropriate time.

Vote (Amend Item (Additional)) Jul-06-2017 4:34 PM

Result: Carried Majority Required - AU9.12 - Filion - motion 6
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Mike Layton, Chin Lee, Josh Matlow, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Kristyn Wong-Tam
Total members that voted No: 7 Members that voted No are Christin Carmichael Greb, Frank Di Giorgio, Jim Karygiannis, Norman Kelly, Denzil Minnan-Wong, Michael Thompson, John Tory
Total members that were Absent: 5 Members that were absent are Paula Fletcher, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, David Shiner

Motion to Amend Item moved by Councillor Giorgio Mammoliti (Carried)

That City Council direct that the confidential submission from the City Manager [AU9.12e] be made public.

Vote (Amend Item) Jul-06-2017 2:14 PM

Result: Carried Majority Required - AU9.12 - Release AU9.12e
Total members that voted Yes: 29 Members that voted Yes are Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Josh Colle, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Jim Hart, Stephen Holyday, Jim Karygiannis, Chin Lee, Giorgio Mammoliti, Josh Matlow, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Neethan Shan, Michael Thompson, John Tory
Total members that voted No: 1 Members that voted No are Shelley Carroll
Total members that were Absent: 15 Members that were absent are Paul Ainslie, Christin Carmichael Greb, Gary Crawford, Vincent Crisanti, Justin J. Di Ciano, Mark Grimes, Michelle Holland, Norman Kelly, Mike Layton, Pam McConnell, Mary-Margaret McMahon, Cesar Palacio, Anthony Perruzza, David Shiner, Kristyn Wong-Tam

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jul-06-2017 4:35 PM

Result: Carried Majority Required - AU9.12 - Adopt the item as amended
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Paula Fletcher, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, David Shiner

Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on Point of Privilege, stated that he just finished a question to staff, and although his five minutes is up, it is vital that Council receive an answer as to who asked the Toronto Parking Authority to buy the land.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and asked staff, if they had the answer, to provide the answer.


Point of Order by Councillor Mary Fragedakis

Councillor Fragedakis, rising on a Point of Order, asked when Council would be returning to a closed session on Item AU9.12.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Council would deal with the item once Members of Council have had time to read the confidential document submitted by the City Manager. The Speaker also ruled that Members of Council should advise the City Clerk if there are any other matters they wish to consider in closed session.


Point of Privilege by Councillor Michael Thompson

Councillor Thompson, rising on a Point of Privilege, stated that Members of Council have a great deal of contradictory information in front of them and he would like the President and Chief Executive Officer of the Toronto Parking Authority and the author of the confidential document submitted by the City Manager to be present so that Members may ask questions.


Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Privilege, stated that it is important to ask questions of the author of the confidential document submitted by the City Manager.  Councillor Mammoliti further stated that the confidential submission from the City Manager should be public and would like to move a motion to make it public.

Ruling by Speaker Frances Nunziata
Speaker Nunizata accepted the Points of Privilege and asked the City Solicitor to respond.

The City Solicitor advised that it is City Council's decision whether to make the confidential submission from the City Manager public. The City Solicitor further advised that because the confidential submission is subject to solicitor-client privilege, Council can also choose to keep it confidential.


Point of Order by Councillor Stephen Holyday

Councillor Holyday, rising on a Point of Order, stated that he would like a risk assessment done by the City Solicitor before City Council decides whether to make the confidential submission public.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Order and ruled that to have the President and Chief Executive Office of the Toronto Parking Authority present to answer questions would require a majority vote of Council. Speaker Nunziata further ruled that to have the author of the confidential submission present to answer questions would require a two-thirds vote to vary the Council Procedures.


Point of Order by Councillor Gord Perks

Councillor Perks, rising on a Point of Order, stated that in the closed sessions on July 5, 2017 Members of Council received advice and that some of the Members present today may not have been in closed session to receive that advice.  Councillor Perks further stated that Council needs some advice from the City Clerk or the Speaker on what to do in this instance.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Members have the right to move a motion.


Point of Order by Councillor Michael Thompson

Councillor Thompson, rising on a Point of Order, stated that in light of the advice given yesterday and based on advice from the City Solicitor he wished to withdraw his motion to have the President and Chief Executive Officer of the Toronto Parking Authority and the author of the confidential submission present to answer questions.


Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, stated that his motion to make the confidential submission from the City Manager public is still before Council and asked that it be voted on.


Point of Order by Councillor John Filion

Councillor Filion, rising on a Point of Order, stated that he would like all confidential documents on this matter to be made public and for it to be voted on by Council.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Order and asked the City Solicitor to respond.

The City Solicitor advised Members that the lawyers are reviewing the confidential submission and she will advise Council as soon as possible.

Speaker Nunziata ruled that the motion on whether to make the confidential submission public would be put to a vote at a later time.


Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Privilege, stated that he had be asked by his lawyer to speak about the comments made by Councillor Matlow at the Audit Committee meeting and in the media regarding Councillor Mammoliti.  Councillor Mammoliti further stated that he would like Councillor Matlow to apologize for his slurs, innuendos and slanderous comments.


Point of Privilege by Councillor Josh Matlow

Councillor Matlow, rising on a Point of Privilege, stated that he would like to know what comment Councillor Mammoliti took offence to and if said something wrong, he would be happy to apologize.


Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Privilege, stated that after Councillor Matlow reviewed the tapes in regards to his comments about Councillor Mammoliti relating to Arrow Road made at the Audit Committee and to the media, if Councillor Matlow wishes to apologize he would like it done in public.


Point of Privilege by Councillor Josh Matlow

Councillor Matlow, rising on a Point of Privilege, stated that Councillor Mammoliti is making vague suggestions about various comments but have not heard a specific complaint about a specific comment.  Councillor Matlow further stated that if Councillor Mammoliti would like to send him something that he could read, he would be happy to review.


Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Privilege, stated that Councillor Matlow made specific comments about Councillor Mammoliti in the Audit Committee meeting specific to Arrow Road and is asking for Councillor Matlow to apologize.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Privilege and ruled that Councillor Mammoliti was referring to comments made by Councillor Matlow about Councillor Mammoliti to the Audit Committee and to media and Councillor Mammoliti is asking for Councillor Matlow to retract those comments and apologize.


Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, stated that he had questions of staff.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that questions of staff were completed on the Item yesterday.


Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, stated that he would like to vary the procedures in order to allow a third party on the floor of Council so that he may ask questions.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Council cannot waive the questioning rule.


Point of Privilege by Councillor Gord Perks

Councillor Perks, rising on a Point of Privilege, stated that Councillor Mammoliti in his questioning of the Mayor remarked that a certain board member can do what they want to do.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and asked Councillor Mammoliti to withdraw his remarks.

Councillor Mammoliti withdrew his remarks.


Point of Privilege by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Privilege, stated that Councillor Nunziata should withdraw her remarks about the lawyer who authored the confidential submission from the City Manager.

Ruling by Deputy Speaker Shelley Carroll
Deputy Speaker Carroll accepted the Point of Privilege and asked Councillor Nunziata to withdraw her remarks.


Point of Order by Councillor Mary Fragedakis

Councillor Fragedakis, rising on a Point of Order, stated that based on remarks made by Councillor Pasternak, she wanted to clarify that her motion is about remuneration of Board Members and not about staff.

Ruling by Deputy Speaker Shelley Carroll
Deputy Speaker Carroll accepted the Point of Order and ruled that Councillor Pasternak should keep his remarks on the issue and cautioned the Member not to venture into confidential recommendations or instructions.


Point of Privilege by Councillor John Filion

Councillor Filion, rising on a Point of Privilege, stated that Councillor Mammoliti's remarks about Councillor Filion threatening staff of the Toronto Parking Authority are completely untrue and are not in the report.  Councillor Filion further stated that he would like Councillor Mammoliti to withdraw his remarks.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and asked Councillor Mammoliti to withdraw his remarks.

Councillor Mammoliti stated that if it is not in the report he would retract it, however, if it is in the report, he cannot retract.

Rulings (City Council)

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that Councillor Mammoliti should ask questions of the Mayor on the Mayor's motion only.

12a - Decision - Toronto Parking Authority, Board of Directors regarding the Auditor General's Review of a Land Acquisition by the Toronto Parking Authority

Background Information (Committee)
(June 26, 2017) Decision Letter from the Toronto Parking Authority, Board of Directors regarding the Auditor General's report
https://www.toronto.ca/legdocs/mmis/2017/au/bgrd/backgroundfile-105427.pdf

AU9.12 - Auditor General's Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority - Part 2

Decision Type:
ACTION
Status:
Amended
Wards:
All

Confidential Attachment - A proposed or pending land acquisition by the City or one of its agencies or corporations. Personal matters about an identifiable individual.

Committee Recommendations

The Audit Committee recommends that:

 

1. City Council request the Toronto Parking Authority to implement the Auditor General’s recommendations contained in the report (June 22, 2017) from the Auditor General to the Toronto Parking Authority Board of Directors.

 

2. City Council request the City Manager and the City Clerk to review and report, as part of the implementation of the Agency governance review, on whether the Toronto Parking Authority Board of Directors should be increased by two Directors.

 

3. City Council request the City Clerk to review the qualifications for City Agencies and consider whether to recommend to the Executive Committee whether at least one board member on each Agency board should hold a Director’s designation qualification.

 

4. City Council request the City Manager, in consultation with the City Clerk and the City Solicitor, to update as necessary guidelines and training for Agency boards based on the findings in this report.

 

5. City Council appoint the City Clerk as secretary to provide meeting management support to the Toronto Parking Authority Board of Directors, such services to be provided at the Toronto Parking Authority’s expense in accordance with a service agreement to be mutually agreed upon by the Toronto Parking Authority Board and the City Clerk.

 

6.  City Council direct that all real property transactions involving the Toronto Parking Authority be directed through the Real Estate Services Division's delegated authority approval process and due diligence procedures.  

Decision Advice and Other Information

The Audit Committee:

 

1.  Requested the City Manager to report further on this matter, either directly to City Council for its July 4, 2017 meeting, or subsequently through the Audit Committee or Executive Committee as appropriate, in the event there are addition comments or recommendations he deems appropriate arising from the Auditor General's report, including a review of the board structure and management of employees at the Toronto Parking Authority.

Origin

(June 22, 2017) Report from the Auditor General

Summary

The Auditor General was contacted and requested to review a pending property acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority (TPA).

 

A report was issued in October 2016 entitled “Auditor General’s Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority” that focused on one aspect of this acquisition. That was Part 1 of the Auditor General's review.

 

The Auditor General has now completed Part 2 of her review of this transaction and has submitted a second report to the Board of Directors of the Toronto Parking Authority that focused on the remaining aspects of this acquisition.

Background Information

(June 22, 2017) Report from the Auditor General - Auditor Generalís Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority - Part 2
https://www.toronto.ca/legdocs/mmis/2017/au/bgrd/backgroundfile-105389.pdf
Attachment 1: Report (June 22, 2017) from the Auditor General addressed to the Board of Directors, Toronto Parking Authority - Auditor Generalís Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority - Part 2
https://www.toronto.ca/legdocs/mmis/2017/au/bgrd/backgroundfile-105390.pdf
(June 27, 2017) Revised Attachment 2 - Scope of the review of the Auditor Generalís Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority - Part 2
https://www.toronto.ca/legdocs/mmis/2017/au/bgrd/backgroundfile-105421.pdf
(June 27, 2017) Revised Confidential Attachment 1 - made public on Tuesday, June 27, 2017 pursuant to Chair's ruling
https://www.toronto.ca/legdocs/mmis/2017/au/bgrd/backgroundfile-105391.pdf
(June 13, 2017) Placeholder Report from the Auditor General - Auditor General's Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority - Part 2
https://www.toronto.ca/legdocs/mmis/2017/au/bgrd/backgroundfile-105118.pdf

Speakers

Councillor John Filion

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Stephen Holyday (Carried)

That the Audit Committee recommend that:

 

1.  City Council direct that all real property transactions involving the Toronto Parking Authority be directed through the Real Estate Services Division's delegated authority approval process and due diligence procedures.  


2 - Motion to Amend Item (Additional) moved by Councillor Josh Matlow (Carried)

That the Audit Committee request the City Manager to report further on this matter, either directly to City Council for its July 4, 2017 meeting, or subsequently through the Audit Committee or Executive Committee as appropriate, in the event there are addition comments or recommendations he deems appropriate arising from the Auditor General's report, including a review of the board structure and management of employees at the Toronto Parking Authority.


Motion to Adopt Item as Amended (Carried)

Rulings

Ruling by Councillor Stephen Holyday
Chair Holyday ruled as follows:

Members, with respect to Item AU9.12 on the Parking Authority land transaction, since the Item was published I have had discussions with the City Solicitor, the City Clerk and the Auditor General about the confidential attachment.

I am persuaded that the confidential attachment should actually be made public, as the stated open meeting exceptions do not apply.

I am therefore ruling that the confidential attachment is in fact public and I am directing the Committee Clerk to release it, which she will do online as soon as she can.

Members this means a closed session is not required to discuss the content of the report, subject to the committee straying into territory that may be excepted by law such as seeking additional advice that is subject to solicitor-client privilege.

12a - Decision - Toronto Parking Authority, Board of Directors regarding the Auditor General's Review of a Land Acquisition by the Toronto Parking Authority

Origin
(June 26, 2017) Letter from the President and Board Chair, Toronto Parking Authority
Summary

The Board of Directors of the Toronto Parking Authority, at their meeting of June 26, 2017, considered the report entitled, "Auditor General’s Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority – Part 2", and passed the following motions:

 

1. Adopt recommendations numbered 1. through 4. contained in the public Audit Report from the City of Toronto Auditor General’s Office: "Auditor General’s Observations of a Land Acquisition at Finch Avenue West and Arrow Road by the Toronto Parking Authority" dated June 22, 2017;

 

2. Thank the Auditor General for presenting the report and attending the Toronto Parking Authority’s Board meeting of June 26, 2017 to answer questions from the Board; and,

 

3. Direct that the attached report dated June 22, 2017 from the Auditor General be forwarded to the Committee Administrator for inclusion in the Audit Committee agenda for its meeting of June 27, 2017.

Background Information
(June 26, 2017) Decision Letter from the Toronto Parking Authority, Board of Directors regarding the Auditor General's report
https://www.toronto.ca/legdocs/mmis/2017/au/bgrd/backgroundfile-105427.pdf
Source: Toronto City Clerk at www.toronto.ca/council