HomeMy WebLinkAboutCouncil Minutes - 1998-10-26 SCOU N CI L\1998-10-26-S P E
OCTOBER 26, 1998
SPECIAL COUNCIL MINUTES
CITY OF KITCHENER
A special meeting of City Council was held at 11:55 a.m. this date and Chaired by Mayor C. Zehr with all
members present.
Notice of this special meeting had previously been given to all members of Council by the City Clerk
pursuant to Chapter 25 (Council Procedure) of the Municipal Code.
Fire Chief J. Hancock gave a verbal update on the October 25 accident involving a Kitchener firefighter
performing a rappelling exercise. He advised that the name of the firefighter is being withheld pending
notification of his family and that it has been determined there is no skull fracture or spinal break. Fire
Chief Hancock indicated he would keep members of Council advised as to the firefighter's condition.
Moved by Councillor T. Galloway
Seconded by Councillor Jake Smola
"That the resolution adopted by Council on August 17, 1998 authorizing the execution of
agreements of purchase and sale for theacquisition of approximately 16 acres of upland forest
located in the Huron Natural Area be amended by deleting the name 'Westmount Investments
Inc.' and substituting 'Howard Rosenberg, Ray Rosenberg, Parker Investments (Kitchener)
Limited and 349520 Ontario Limited' and by deleting the name 'Dorar Investments Inc.' and
substituting the name 'Dorar Investments Limited'."
Carried.
Councillor M. Yantzi advised that he would like to add an additional solicitor-client item for in-camera
discussion this date in regard to a Downtown business. It was also agreed to add another solicitor-client
matter in regard to the firefighter injury referred to by Chief Hancock this date.
Moved by Councillor B. Vrbanovic
Seconded by Councillor J. Ziegler
"That an in-camera meeting of City Council be held immediately following recess of this special
meeting to consider a personal matter, two labour relations matters, a litigation matter and six
matters subject to solicitor-client privilege."
Carried.
The meeting then recessed at 12:00 noon and reconvened at 12:10 p.m. with all members present.
Moved by Councillor J. Ziegler
Seconded by Councillor M. Yantzi
"That a Pawnbrokers Licence be granted to Mr. Hien Hoang ~n respect to a Pawnshop at 322 King
Street East."
Carried.
The meeting then recessed at 12:12 p.m. and reconvened at 6:15 p.m. and Chaired by Mayor C. Zehr
with all members present except Councillor Jake Smola.
Moved by Councillor J. Ziegler
Seconded by Councillor G. Lorentz
"That having considered the circumstances and submissions surrounding information access
request FOI 013/98, as it relates to the notes of the City Solicitor and his confidential report to
Council dated September 14, 1998 containing legal advice and for which he has claimed solicitor-
client privilege, and having considered the question of discretion pursuant to the exemption in
Section 12 of the Municipal Freedom of Information and Protection of Privacy Act, the Council of
the Corporation of the City of Kitchener upholds the City Solicitor's claim, and directs that no action
be taken to waive solicitor-client privilege in regard to any of the records at issue."
-and-
OCTOBER 26, 1998
SPECIAL COUNCIL MINUTES
- 489 -
CITY OF KITCHENER
"That notwithstanding the Council resolution of May 28, 1994, the General Manager of Corporate
Services & City Clerk, in consultation with the City Solicitor or his designate, be authorized to
exercise discretion in the invoking of the solicitor-client privilege exemption under Section 12 of the
Municipal Freedom of Information and Protection of Privacy Act; and further,
That in the event of an appeal to the Information and Privacy Commission on the decision to
invoke solicitor-client privilege, the matter be brought before Council in-camera for a decision on
whether to waive privilege, with Council retaining the sole right in this regard."
Carried.
Moved by Councillor B. Vrbanovic
Seconded by Councillor T. Galloway
That leave be given the Mover and Seconder to introduce the following by-laws for three readings
this date:
(a) Being a by-law to repeal By-law No. 98-100 which is an interim control by-law
(By-law No. 98-160)
(d) To confirm all actions and proceedings of the Council
(By-law No. 98-161 )
and that the same be taken as read a first, second and third times, be finally passed and
numbered serially by the Clerk.
Carried.
On motion the meeting adjourned.
MAYOR CLERK