Item - 2018.ED31.7

Tracking Status

  • City Council adopted this item on July 23, 2018 with amendments.
  • This item was considered by Economic Development Committee on July 9, 2018. It is being forwarded to City Council without recommendations. It will be considered by City Council on July 23, 2018.

ED31.7 - Imagination, Manufacturing, Innovation and Technology (IMIT) Property Tax Incentive Program- Applications

Decision Type:
ACTION
Status:
Amended
Wards:
10 - York Centre, 20 - Trinity-Spadina, 28 - Toronto Centre-Rosedale

City Council Decision

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:

 

1.  City Council approve Imagination, Manufacturing, Innovation and Technology incentives for the following applications:

 

a. 440 Front Street - in the estimated amount of $40,000,000; and

 

b.1755 Steeles Avenue West - in the estimated amount of $15,000,000.

 

2.  City Council refuse Imagination, Manufacturing, Innovation and Technology incentives for the following applications:

 

a. 100 Queens Quay East;

 

b. 16 York Street;

 

c. 30 Bay Street and 60 Harbour Street;

 

d. 56 Yonge Street et al;

 

e. 40 Temperance Street; and

 

f. 160 Front Street West.

 

3.  City Council authorize the General Manager, Economic Development and Culture to negotiate and execute a Financial Incentive Agreement with respect to each of the projects approved in accordance with Part 1 above, in a form satisfactory to the City Solicitor.

 

4.  City Council direct that Confidential Attachment 1 to the supplementary report (July 20, 2018) from the General Manager, Economic Development and Culture 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 20, 2018) from the General Manager, Economic Development and Culture 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 potential litigation that affects the City.

City Council Decision Advice and Other Information

City Council considered Items ED31.7 and PG31.5 together.

 

City Council recessed its public session and met as Committee of the Whole in closed session on July 26, 2018 to consider confidential information on this Item pertaining to advice that is subject to solicitor-client privilege and potential litigation that affects the City.

Confidential Attachment - Advice that is subject to solicitor client privilege and potential litigation that affects the City

Background Information (Committee)

(July 4, 2018) Report and Attachment 1 from General Manager, Economic Development and Culture on Imagination, Manufacturing, Innovation and Technology (IMIT) Property Tax Incentive Program- Applications
https://www.toronto.ca/legdocs/mmis/2018/ed/bgrd/backgroundfile-118342.pdf
Attachment 2 - Hemson Consulting Ltd - Review of Applications Under the IMIT Program
https://www.toronto.ca/legdocs/mmis/2018/ed/bgrd/backgroundfile-118327.pdf
(June 22, 2018) Report from the General Manager, Economic Development and Culture on Imagination, Manufacturing, Innovation and Technology (IMIT) Property Tax Incentive Program Allocations - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2018/ed/bgrd/backgroundfile-117524.pdf

Background Information (City Council)

(July 20, 2018) Supplementary report from the General Manager, Economic Development and Culture and the City Solicitor on Applications to the Imagination, Manufacturing, Innovation and Technology (IMIT) Property Tax Incentive Program (ED31.7a)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-119229.pdf
Public Attachment 1 - Hemson Report
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-119230.pdf
Confidential Attachment 1

Communications (Committee)

(July 6, 2018) Letter from Fabien Marino (ED.Main.ED31.7.1)
https://www.toronto.ca/legdocs/mmis/2018/ed/comm/communicationfile-86097.pdf
(July 6, 2018) Letter from Ian Andres, Goodmans LLP (ED.Main.PW31.7.2)
https://www.toronto.ca/legdocs/mmis/2018/ed/comm/communicationfile-86117.pdf
(July 6, 2018) Letter from Anne Benedetti, Goodmans LLP (ED.Main.ED31.7.3)
https://www.toronto.ca/legdocs/mmis/2018/ed/comm/communicationfile-86118.pdf
(July 6, 2018) Letter from Joel Pearlman, Menkes Development Ltd. (ED.Main.ED31.7.4)
https://www.toronto.ca/legdocs/mmis/2018/ed/comm/communicationfile-86120.pdf
(July 6, 2018) Letter from Susan McMurray, Toronto and York Region Labour Council (ED.Main.ED31.7.5)
https://www.toronto.ca/legdocs/mmis/2018/ed/comm/communicationfile-86121.pdf
(July 9, 2018) Letter from Peter Milligan, Walker Longo & Associates LLP (ED.New.ED31.7.6)
https://www.toronto.ca/legdocs/mmis/2018/ed/comm/communicationfile-86137.pdf

Communications (City Council)

(July 18, 2018) Letter from Patrick Devine, Devine Park LLP (CC.Supp.ED31.7.7)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-86598.pdf
(July 18, 2018) Letter from Patrick Devine, Devine Park LLP (CC.Supp.ED31.7.8)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-86599.pdf
(July 20, 2018) Submission from Susan McMurray, Executive Assistant, Toronto and York Region Labour Council (CC.New.ED31.7.9)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-86730.pdf
(July 19, 2018) Letter from Mark A. Cote, Head of Development, Oxford Properties Group (CC.New.ED31.7.10)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-86745.pdf
(July 20, 2018) Letter from Ian Andres, Goodmans LLP, on behalf of BAC Surface Inc. (CC.New.ED31.7.11)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-86819.pdf

Motions (City Council)

Report of Committee of the Whole

July 26, 2018 at 3:46 p.m. - Speaker Nunziata advised that City Council had completed its closed meeting consideration of Item ED31.7 headed "Imagination, Manufacturing, Innovation and Technology (IMIT) Property Tax Incentive Program- Applications".  No motions were placed in the closed session. City Council would now proceed with the public debate on the Item.


1 - Motion to Adopt Item as Amended moved by Councillor Michael Thompson (Lost)

That : 

 

1.  City Council approve Imagination, Manufacturing, Innovation and Technology(IMIT) incentives for the following applications:

 

a.  440 Front Street- in the estimated amount of $40,000,000;

 

b.  1755 Steeles Avenue West- in the estimated amount of $15,000,000;

 

c.  100 Queens Quay East- in the estimated amount of $28,000,000;

 

d.  16 York Street- in the estimated amount of $40,000,000;

 

e.  30 Bay Street and 60 Harbour Street- in the estimated amount of $93,000,000;

 

f.  56 Yonge Street et al- in the estimated amount of $110,000,000;

 

g.  40 Temperance Street- in the estimated amount of $46,000,000; and

 

h.  160 Front Street West- in the estimated amount of $47,000,000.

 

2. City Council authorize the General Manager of Economic Development and Culture to negotiate and execute a Financial Incentive Agreement with respect to each of the projects approved in accordance with Recommendation 1 above, in a form satisfactory to the City Solicitor.

 

3. City Council direct that the confidential information contained in Confidential Attachment 1 to the supplementary report (July 20, 2018) from the General Manager, Economic Development and Culture and the City Solicitor remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

Vote (Adopt Item as Amended) Jul-26-2018 5:23 PM

Result: Lost (tie) Majority Required - ED31.7 - Thompson - motion 1
Total members that voted Yes: 20 Members that voted Yes are Paul Ainslie, Jon Burnside, Christin Carmichael Greb, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Frank Di Giorgio, Mark Grimes, Michelle Holland, Jim Karygiannis, Norman Kelly, Mary-Margaret McMahon, Miganoush Megardichian, Denzil Minnan-Wong, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Jonathan Tsao
Total members that voted No: 20 Members that voted No are Maria Augimeri, John Campbell, Josh Colle, Joe Cressy, Janet Davis, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Jim Hart, Stephen Holyday, Mike Layton, Josh Matlow, Joe Mihevc, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Neethan Shan, Kristyn Wong-Tam
Total members that were Absent: 5 Members that were absent are Ana Bailão, Justin J. Di Ciano, Giorgio Mammoliti, Cesar Palacio, James Pasternak

2 - Motion to Adopt Item as Amended moved by Councillor Paula Fletcher (Carried)

That City Council adopt the supplementary report (July 20, 2018) from the General Manager, Economic Development and Culture and the City Solicitor [ED31.7a]: 

 

1.  City Council adopt the recommendations contained in the report from the General Manager of Economic Development and Culture (July 4, 2018) as follows:

 

1.  City Council approve Imagination, Manufacturing, Innovation and Technology (IMIT) incentives for the following applications:

 

a.440 Front Street- in the estimated amount of $40,000,000; and

b.1755 Steeles Avenue West- in the estimated amount of $15,000,000.

 

2.  City Council refuse Imagination, Manufacturing, Innovation and Technology (IMIT) incentives for the following applications:

 

a. 100 Queens Quay East;

b. 16 York Street;

c. 30 Bay Street & 60 Harbour Street;

d. 56 Yonge Street et al;

e. 40 Temperance Street; and

f. 160 Front Street West.

 

3.  City Council authorize the General Manager of Economic Development and Culture to negotiate and execute a Financial Incentive Agreement with respect to each of the projects approved in accordance with Recommendation 1, in a form satisfactory to the City Solicitor.

 

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

Vote (Adopt Item as Amended) Jul-26-2018 5:27 PM

Result: Carried Majority Required - ED31.7 - Fletcher - motion 2
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Mike Layton, Josh Matlow, Miganoush Megardichian, Joe Mihevc, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Jonathan Tsao, Kristyn Wong-Tam
Total members that voted No: 6 Members that voted No are Michael Ford, Mark Grimes, Norman Kelly, Mary-Margaret McMahon, Denzil Minnan-Wong, Lucy Troisi
Total members that were Absent: 5 Members that were absent are Ana Bailão, Justin J. Di Ciano, Giorgio Mammoliti, Cesar Palacio, James Pasternak

Vote (Adopt Item as Amended) Jul-26-2018 5:29 PM

Result: Carried Majority Required - ED31.7 - Fletcher - motion 2 - REVOTE
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Miganoush Megardichian, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Jonathan Tsao, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Michael Ford
Total members that were Absent: 5 Members that were absent are Ana Bailão, Justin J. Di Ciano, Giorgio Mammoliti, Cesar Palacio, James Pasternak

Motion to Reconsider Vote moved by Councillor Michael Thompson (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on Motion 2 by Councillor Fletcher.


Point of Order by Councillor Norman Kelly

Councillor Kelly, rising on a Point of Order, stated that Councillor Davis incorrectly stated that the City would be giving away money.

Ruling by Deputy Speaker Glenn De Baeremaeker
Deputy Speaker De Baeremaeker accepted the Point of Order and asked Councillor Davis to respond. Councillor Davis advised that she was referring to the Imagination, Manufacturing, Innovation and Technology grant program.


Point of Order by Councillor Michael Thompson

Councillor Thompson, rising on a Point of Order, stated that he wished to vote on each part of Councillor Fletcher's motion 2 separately.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and asked the City Clerk to respond. The City Clerk advised Council that it would not be possible to separate out each part of Councillor Fletcher's motion 2, as they stand together as an alternative to Councillor Thompson's motion 1, which had already been voted on.

Rulings (City Council)

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that Councillor Davis should only ask Councillor Thompson questions of clarification about his motion 1.

ED31.7 - Imagination, Manufacturing, Innovation and Technology (IMIT) Property Tax Incentive Program- Applications

Decision Type:
ACTION
Status:
Without Recs
Wards:
10 - York Centre, 20 - Trinity-Spadina, 28 - Toronto Centre-Rosedale

Committee Recommendations

The Economic Development Committee forwards the item to City Council without recommendation.

Decision Advice and Other Information

The Economic Development Committee:

 

1.  Requested the General Manager, Economic Development and Culture to report directly to City Council on July 23, 2018 on alternative options for those applicants being refused Imagination, Manufacturing, Innovation and Technology incentives.

 

2.  Recessed its public session to meet in closed session to consider this item as it relates to the receiving of advice that is subject to solicitor-client privilege.

Origin

(July 4, 2018) Report from the General Manager, Economic Development and Culture

Summary

The IMIT Property Tax Incentive Program requires that all applications for Development Grants with an estimated construction value equal to or exceeding $150,000,000 (one hundred and fifty million dollars) obtain City Council approval.

 

Eight applications for the IMIT program have been received that fall under this eligibility criteria. This report reviews these applications and provides a staff recommendation on whether to approve. Also included in this report is a third party analysis of each application.

 

These applications are being assessed at the same time that the Planning and Growth Committee and Council are evaluating proposed changes to IMIT as part of a planned five year review. The applications being reviewed in this report were received and are being assessed under the pre-existing rules.

Background Information

(July 4, 2018) Report and Attachment 1 from General Manager, Economic Development and Culture on Imagination, Manufacturing, Innovation and Technology (IMIT) Property Tax Incentive Program- Applications
https://www.toronto.ca/legdocs/mmis/2018/ed/bgrd/backgroundfile-118342.pdf
Attachment 2 - Hemson Consulting Ltd - Review of Applications Under the IMIT Program
https://www.toronto.ca/legdocs/mmis/2018/ed/bgrd/backgroundfile-118327.pdf
(June 22, 2018) Report from the General Manager, Economic Development and Culture on Imagination, Manufacturing, Innovation and Technology (IMIT) Property Tax Incentive Program Allocations - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2018/ed/bgrd/backgroundfile-117524.pdf

Communications

(July 6, 2018) Letter from Fabien Marino (ED.Main.ED31.7.1)
https://www.toronto.ca/legdocs/mmis/2018/ed/comm/communicationfile-86097.pdf
(July 6, 2018) Letter from Ian Andres, Goodmans LLP (ED.Main.PW31.7.2)
https://www.toronto.ca/legdocs/mmis/2018/ed/comm/communicationfile-86117.pdf
(July 6, 2018) Letter from Anne Benedetti, Goodmans LLP (ED.Main.ED31.7.3)
https://www.toronto.ca/legdocs/mmis/2018/ed/comm/communicationfile-86118.pdf
(July 6, 2018) Letter from Joel Pearlman, Menkes Development Ltd. (ED.Main.ED31.7.4)
https://www.toronto.ca/legdocs/mmis/2018/ed/comm/communicationfile-86120.pdf
(July 6, 2018) Letter from Susan McMurray, Toronto and York Region Labour Council (ED.Main.ED31.7.5)
https://www.toronto.ca/legdocs/mmis/2018/ed/comm/communicationfile-86121.pdf
(July 9, 2018) Letter from Peter Milligan, Walker Longo & Associates LLP (ED.New.ED31.7.6)
https://www.toronto.ca/legdocs/mmis/2018/ed/comm/communicationfile-86137.pdf

Speakers

Peter Menkes
Rory MacLeod, Cadillac Fairview
Peter Milligan, Walker Longo LLP
Fabien Marino
Toby Wu
Ian Andres, Goodmans LLP
Anne Benedetti, Goodmans LLP
Stephen Longo, Walker Longo and Associates
Hugh Clark, Alied Properties Reit

Motions

Motion to Meet in Closed Session moved by Councillor Mark Grimes (Carried)

That:

 

The Economic Development Committee meet in closed session to consider a matter relating to the receiving of advice that is subject to solicitor-client privilege.


Motion to forward item Without Recommendations moved by Councillor Michael Thompson (Carried)

That:

 

1.  The item be forwarded to City Council without recommendation; and

 

2.  The General Manager, Economic Development and Culture report directly to City Council on July 23, 2018 on alternative options for those applicants being refused Imagination, Manufacturing, Innovation and Technology incentives.

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