City of Toronto Council Minutes

Minutes

City Council

Meeting No.	37 (Special)	Contact	Marilyn Toft, Manager
Meeting Date	Friday, June 26, 2009	Phone	416-392-7032
Start Time	10:00 AM	E-mail	clerk@toronto.ca
Location	Metro Toronto Convention Centre

CALL TO ORDER - 10:00 a.m.

Speaker Bussin took the Chair and called the Members to order.

The meeting opened with O Canada.

Speaker Bussin advised Council that this special meeting has been called for the following purposes:

1. to consider a report (June 25, 2009) from the City Manager and the Deputy City Manager and Chief Financial Officer, headed "Purchase of 204 Light Rail Vehicles (LRVs) - TTC Capital Funding", and

2. to introduce and enact a confirming by-law for this special meeting.

Routine Matters - Meeting 37

RM37.1

Information

Received

Moment of Silence

City Council Decision

June 26, 2009

Members of Council observed a moment of silence.

RM37.2

ACTION

Adopted

Introduction of New Business Item

City Council Decision

New Business Item CC37.1 was presented to City Council for consideration.

Motions (City Council)

Motion to Introduce Report moved by Councillor Adam Giambrone (Carried)

That Item CC37.1 listed on the Agenda of Council, be presented for consideration.

RM37.3

Information

Received

Introductions and Announcements

City Council Decision

Various introductions and announcements were made at City Council on June 26, 2009.

City Council Decision Advice and Other Information

Speaker Bussin, during the morning session of the meeting, introduced Olivia Chow, Member of Parliament for Trinity-Spadina, Gerard Kennedy, Member of Parliament for Parkdale-High Park, and Mario Silva, Member of Parliament for Davenport, present at the meeting.

RM37.4

ACTION

Adopted

Review of the Order Paper - June 26, 2009

City Council Decision

City Council adopted the June 26, 2009 Order Paper.

Motions (City Council)

Review Order Paper

June 26, 2009, at 10:05 a.m. - Speaker Bussin reviewed the Order Paper for the special meeting.

Ruling by Speaker Sandra Bussin (Upheld)
Councillor Holyday requested Speaker Bussin to rule on whether consideration of Item CC37.1 would require a re-opening of Council's previous decision on the capital budget.

Speaker Bussin made the following ruling:

"I have been asked to rule on whether the recommendations before Council in Item CC37.1 require a re-opening of Council’s previous decision from December 2008.

I am ruling that this matter does not require a re-opening and is properly before Council at this meeting.

There are two reasons for my ruling.

First, the underlying principle of Council's reopening rule is that Council cannot be placed in a decision facing the same set of facts twice in a 12-month period. As there in considerable new information before Council, not the least of which is the Federal government's decision not to fund the LRV purchase, City Council is not facing the same set of facts today.

Second, in adopting the Capital Budget on December 10, City Council adopted a recommendation requiring the TTC to report back when it receives confirmation of funding for the L-R-Vs. The report before you today satisfies Council's direction. Since City Council asked for this report in advance, I cannot find that the matter should be subject to reopening.

For these two reasons, I rule that this matter does not require re-opening and is properly before us."
Challenged by Councillor Doug Holyday

Vote

Jun-26-2009

Result: Carried	Uphold Speaker's Ruling - Holyday challenge
Yes: 27	Ashton, Bussin, Carroll, Cho, Davis, De Baeremaeker, Di Giorgio, Filion, Fletcher, Giambrone, Grimes, Hall, Heaps, Kelly, Lindsay Luby, McConnell, Mihevc, Milczyn, Miller, Moeser, Moscoe, Pantalone, Perks, Perruzza, Rae, Saundercook, Vaughan
No: 15	Del Grande, Feldman, Ford, Holyday, Jenkins, Lee, Minnan-Wong, Nunziata, Ootes, Palacio, Parker, Shiner, Stintz, Thompson, Walker
Absent: 3	Ainslie, Augimeri, Mammoliti

Motion to Adopt Order Paper (Carried)

June 26, 2009, at 10:18 a.m. - That Council adopt the Order Paper for June 26, 2009.

Vote (Adopt Order Paper)

Jun-26-2009

Result: Carried	Adopt June 26, 2009 Order Paper
Yes: 33	Ashton, Bussin, Carroll, Cho, Davis, De Baeremaeker, Del Grande, Di Giorgio, Filion, Fletcher, Giambrone, Grimes, Hall, Heaps, Kelly, Lee, Lindsay Luby, McConnell, Mihevc, Milczyn, Miller, Moeser, Moscoe, Nunziata, Palacio, Pantalone, Perks, Perruzza, Rae, Saundercook, Thompson, Vaughan, Walker
No: 9	Feldman, Ford, Holyday, Jenkins, Minnan-Wong, Ootes, Parker, Shiner, Stintz
Absent: 3	Ainslie, Augimeri, Mammoliti

City Council New Business - Meeting 37

CC37.1

ACTION

Adopted

Purchase of 204 Light Rail Vehicles (LRVs) - TTC Capital Funding

City Council Decision

City Council on June 26, 2009, adopted the following:

1. City debt financing replace the one third federal funding budgeted for a total City debt funding amount of $834 million for the TTC Capital Project No. CTT122 “Purchase of 204 Light Rail Vehicles (LRVs)”.

2. In order to not increase the net debt for the City of Toronto’s 2009 to 2018 Capital Plan, Council authorize the reallocation of debt funding in the amount of $417 million from TTC capital projects that are to be deferred beyond 2018, as outlined in Appendix A of the attached communication from the Chief General Manager of the TTC.

3. Council authorize the City Manager and the Deputy City Manager and Chief Financial Officer to take the necessary actions to give effect thereto.

Background Information (City Council)

Report (June 25, 2009) from the City Manager and the Deputy City Manager and Chief Financial Officer
(http://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-22415.pdf)

Communications (City Council)

(June 25, 2009) e-mail from Stephen Dorsey (CC.New.37.1.1)

Motions (City Council)

Motion to Receive Item moved by Councillor Doug Holyday (Lost)

Motion 1 - That item CC37.1 be received for information.

Vote (Receive Item)

Jun-26-2009

Result: Lost	CC37.1 - Holyday - Motion 1 - Receive the item
Yes: 6	Ford, Holyday, Jenkins, Ootes, Shiner, Walker
No: 36	Ashton, Augimeri, Bussin, Carroll, Cho, Davis, De Baeremaeker, Del Grande, Di Giorgio, Filion, Fletcher, Giambrone, Grimes, Hall, Heaps, Kelly, Lee, Lindsay Luby, McConnell, Mihevc, Milczyn, Miller, Minnan-Wong, Moeser, Moscoe, Nunziata, Palacio, Pantalone, Parker, Perks, Perruzza, Rae, Saundercook, Stintz, Thompson, Vaughan
Absent: 3	Ainslie, Feldman, Mammoliti

Motion to Amend Item (Additional) moved by Councillor Karen Stintz (Out of Order)

Motion 2 - That the Auditor General be requested to review the streetcar purchase process and provide recommendations to Council on lessons learned from the process.

Ruling by Speaker Sandra Bussin (Upheld)
Speaker Bussin ruled motion 2 by Councillor Stintz out of order as the Item under consideration is the budget reallocation and not the issue of the streetcar purchase.
Challenged by Councillor Karen Stintz

Vote

Jun-26-2009

Result: Carried	Uphold Speaker's ruling - Stintz challenge
Yes: 24	Augimeri, Bussin, Carroll, Cho, Davis, De Baeremaeker, Di Giorgio, Fletcher, Giambrone, Hall, Heaps, Kelly, Lindsay Luby, McConnell, Mihevc, Miller, Moeser, Moscoe, Nunziata, Pantalone, Perks, Perruzza, Saundercook, Vaughan
No: 15	Ashton, Del Grande, Ford, Grimes, Holyday, Jenkins, Lee, Milczyn, Ootes, Palacio, Parker, Shiner, Stintz, Thompson, Walker
Absent: 6	Ainslie, Feldman, Filion, Mammoliti, Minnan-Wong, Rae

Motion to Amend Item moved by Councillor Michael Thompson (Lost)

Motion 3 - That the recommendations in Item CC37.1 be deleted and replaced with the following:

That:

1. City Council officially request the Chief General Manager of the TTC to ask Bombardier to extend the deadline of the current Bid price; and

2. City Council direct the Mayor, the Chief General Manager of the TTC and the City Manager to meet with representatives of Bombardier to discuss Council's request.

Vote (Amend Item)

Jun-26-2009

Result: Lost	Thompson - Motion 3
Yes: 7	Jenkins, Minnan-Wong, Ootes, Shiner, Stintz, Thompson, Walker
No: 35	Ashton, Augimeri, Bussin, Carroll, Cho, Davis, De Baeremaeker, Del Grande, Di Giorgio, Filion, Fletcher, Ford, Giambrone, Grimes, Hall, Heaps, Holyday, Kelly, Lee, Lindsay Luby, McConnell, Mihevc, Milczyn, Miller, Moeser, Moscoe, Nunziata, Palacio, Pantalone, Parker, Perks, Perruzza, Rae, Saundercook, Vaughan
Absent: 3	Ainslie, Feldman, Mammoliti

Motion to Adopt Item (Carried)

Vote (Adopt Item)

Jun-26-2009

Result: Carried	Adopt the Item
Yes: 36	Ashton, Augimeri, Bussin, Carroll, Cho, Davis, De Baeremaeker, Del Grande, Di Giorgio, Filion, Fletcher, Giambrone, Grimes, Hall, Heaps, Kelly, Lee, Lindsay Luby, McConnell, Mihevc, Milczyn, Miller, Minnan-Wong, Moeser, Moscoe, Nunziata, Palacio, Pantalone, Parker, Perks, Perruzza, Rae, Saundercook, Stintz, Thompson, Vaughan
No: 6	Ford, Holyday, Jenkins, Ootes, Shiner, Walker
Absent: 3	Ainslie, Feldman, Mammoliti

City Council - Bills and By-laws - Meeting 37

BL37.1

ACTION

Adopted

Enactment of Confirming By-law

City Council Decision

City Council enacted Confirming By-law 658-2009.

Background Information (City Council)

Consolidated By-law Index for June 26, 2009
(http://www.toronto.ca/legdocs/mmis/2009/bl/bgrd/backgroundfile-22417.pdf)

Motions (City Council)

Motion to Introduce and Pass Confirmatory Bill moved by Councillor Gloria Lindsay Luby (Carried)

4:33 p.m. - That leave be granted to introduce the following Bill, and that this Bill, prepared for this meeting of Council, be passed and hereby declared as a By-law:

Bill No.

By-law No.

Title and Authority

668

658-2009

To confirm the proceedings of the Council at its special meeting held on the 26th day of June, 2009.

(This final confirming By-law confirms all actions taken by Council at this meeting, including the enactment of any previous confirming By-laws).

Vote (Introduce and Pass Confirmatory Bill)

Jun-26-2009

Result: Carried	Pass Confirming Bill
Yes: 35	Ashton, Augimeri, Bussin, Carroll, Cho, Davis, De Baeremaeker, Del Grande, Di Giorgio, Filion, Fletcher, Giambrone, Grimes, Hall, Heaps, Kelly, Lee, Lindsay Luby, McConnell, Mihevc, Milczyn, Miller, Moeser, Moscoe, Nunziata, Palacio, Pantalone, Parker, Perks, Perruzza, Rae, Saundercook, Stintz, Thompson, Vaughan
No: 6	Ford, Holyday, Jenkins, Ootes, Shiner, Walker
Absent: 4	Ainslie, Feldman, Mammoliti, Minnan-Wong

Procedural Motions

Motion to Excuse Absentees moved by Councillor Howard Moscoe (Carried)

That the absence of Councillors Ainslie and Mammoliti from the special meeting on June 26, 2009, be excused.

ADJOURNMENT

Council adjourned on June 26, 2009, at 4:34 p.m.

DAVID R. MILLER, ULLI S. WATKISS,

Mayor City Clerk


Meeting Sessions

Session Date	Session Type	Start Time	End Time	Public or Closed Session
2009-06-26	Morning	10:00 AM	12:30 PM	Public
2009-06-26	Afternoon	2:01 PM	4:34 PM	Public


Attendance

Date and Time	Quorum	Members
2009-06-26 10:00 AM - 12:30 PM (Public Session)	Present	Present: Ashton, Bussin, Carroll, Cho, Davis, De Baeremaeker, Del Grande, Di Giorgio, Feldman, Filion, Fletcher, Ford, Giambrone, Grimes, Hall, Heaps, Holyday, Jenkins, Kelly, Lee, Lindsay Luby, McConnell, Mihevc, Milczyn, Miller, Minnan-Wong, Moeser, Moscoe, Nunziata, Ootes, Palacio, Pantalone, Parker, Perks, Perruzza, Rae, Saundercook, Shiner, Stintz, Thompson, Vaughan, Walker Not Present: Ainslie, Augimeri, Mammoliti
2009-06-26 2:01 PM - 4:34 PM (Public Session)	Present	Present: Ashton, Augimeri, Bussin, Carroll, Cho, Davis, De Baeremaeker, Del Grande, Di Giorgio, Filion, Fletcher, Ford, Giambrone, Grimes, Hall, Heaps, Holyday, Jenkins, Kelly, Lee, Lindsay Luby, McConnell, Mihevc, Milczyn, Miller, Minnan-Wong, Moeser, Moscoe, Nunziata, Ootes, Palacio, Pantalone, Parker, Perks, Perruzza, Rae, Saundercook, Shiner, Stintz, Thompson, Vaughan, Walker Not Present: Ainslie, Feldman, Mammoliti