January 15, 1998
SPECIAL COMMITTEE TO REVIEW FINAL REPORT
OF THE TORONTO TRANSITION TEAM:
City Council, at its meeting held on January 2, 6, 8 and 9, 1998, had before it the following Motion:
Moved by: Mayor Lastman
Seconded by: Councillor Ootes
"WHEREAS the Toronto Transition Team on December 11, 1997, submitted to Council the final report of the Team, entitled ‘New City, New Opportunities’, which embodies 136 recommendations for the new City; and
WHEREAS Council also has before it a report dated December 30, 1997, from the City Clerk submitting a draft Procedural By-law proposed by the Transition Team;
NOW THEREFORE BE IT RESOLVED THAT Council give consideration to the final report of the Toronto Transition Team and the draft Procedural By-law proposed by the Transition Team."
Council also had before it, during consideration of the foregoing Motion, the following reports and communications:
(i) from the Toronto Transition Team (December 11, 1997) submitting the final report of the Team, entitled "New City, New Opportunities", which embodies 136 recommendations for the new City;
(ii) from the City Clerk (December 30, 1997) submitting the draft Procedural By-law of the Transition Team;
(iii) from the Assistant City Clerk, City of Toronto (December 10, 1997) forwarding a Discussion Paper for City Council’s consideration in determining the role of the Community Councils;
(iv) from the Administrator, Board of Health for the City of Toronto Health Unit (November 12, 1997) forwarding a communication dated October 15, 1997, from the Chair, Northern Health Area Community Health Board, respecting the future Toronto Board of Health;
(v) from the General Manager, Metropolitan Toronto Housing Company, and the General Manager, City of Toronto Non-Profit Housing Corporation (Cityhome) (December 22, 1997) respecting the Interim Boards of Directors for the Municipal Housing Companies, the appointment process, the passing of special resolutions to enable the issuance of Articles of Amendment for each of the housing companies, and the confirmation by the Council of amending by-laws which will harmonize the provisions in the companies’ by-laws respecting directors, with the intended structure and make-up of the interim Boards once the Articles of Amendment are in place;
(vi) from the General Secretary, Toronto Transit Commission (December 17, 1997) recommending that the membership of the Commission, under the new City of Toronto, be expanded to 11 Council Members, in order to retain a 20 per cent representation of Council;
(vii) from the Metropolitan Clerk (December 3, 1997) forwarding the recommendations of the Public Art Policy Advisory Committee of Metropolitan Toronto that the Public Art Policy Advisory Committee be carried forward into the new City of Toronto as a public art committee in some form and that the format be changed slightly to provide that the Committee assume a policy function which reports through an appropriate standing committee of the new Council which deals with public art and culture; and that Members of Council be included in the membership of the new Public Art Committee;
(viii) (1) from the Metropolitan Clerk (September 26, 1997) forwarding the recommendations of Metropolitan Council pertaining to the Metropolitan Cycling and Pedestrian Committee; and
(2) from the Metropolitan Clerk (October 16, 1997) forwarding the recommendation of Metropolitan Council that City Council maintain and strengthen existing cycling and pedestrian advisory committee structures;
(ix) from the Metropolitan Clerk (December 23, 1997) forwarding the recommendation of Metropolitan Council that a Telecommunications Committee or Task Force be established;
(x) from the Metropolitan Clerk (October 16, 1997) forwarding the recommendation of Metropolitan Council that the Special Committee on Transit Accessibility be continued with the same membership;
(xi) from the Chief Administrative Officer, Metropolitan Toronto and Region Conservation Authority (MTRCA) (November 21, 1997) forwarding a recommendation of the MTRCA that the new City of Toronto be requested to appoint representatives to the Don Watershed Regeneration Council based on Community Councils that have an interest in the Don Watershed, as early as possible in 1998;
(xii) from the Metropolitan Clerk (July 7, 1997) forwarding the recommendations of Metropolitan Council pertaining to the final report of the Metro Task Force on Services to Young Children and Families, entitled "First Duty";
(xiii) from 18 Members-Elect requesting that the first Community Council meetings be held on the evening of Thursday, January 8, 1998, in each jurisdiction;
(xiv) from the Chair, Toronto Transition Team (December 31, 1997) advising that the Team, in concert with the Chief Administrative Officer, has undertaken an internal search process to identify for recommendation to the new Council candidates for the positions of executive commissioner, solicitor and auditor;
(xv) from Mr. G. Collver, Etobicoke Citizens for Effective Government (January 5, 1998) noting that references to a Healthy City Office and an Office of Environmental Planning and Management were omitted in the Transition Team’s final report and requesting that consideration be given to inserting these references in order to highlight the vital importance of these Offices and to emphasize their significance in integrating strategic policy and planning support to City Council;
(xvi) from the President, Local 79, Canadian Union of Public Employees (January 5, 1998) submitting comments on the final report of the Toronto Transition Team;
(xvii) from the City Clerk (January 5, 1998) forwarding comments received from Members of Council regarding the draft procedural by-law;
(xviii) from the Metropolitan Clerk (October 16, 1997) advising that Metropolitan Council on October 8 and 9, 1997, recommended that the hiring of a Children’s advocate who has expertise on children’s issues be a high priority of the new City of Toronto Council; and
(xix) from the Assistant City Clerk, City of Toronto (December 30, 1997) forwarding, for consideration by the new City Council, a report dated August 29, 1997, from the Commissioner of Urban Development Services, embodied in Clause No. 5 of Report No. 8 of the Economic Development Committee, headed "Submission to the Transition Team on Economic Development in the New City of Toronto".
Council adopted the foregoing Motion, without amendment.
Council subsequently adopted the following recommendations:
(A) "It is recommended that Council approve the recommendations in the final report of the Toronto Transition Team on an interim basis only, subject to the following amendments (a) to (o), and that a Special Committee of Council, reporting directly to Council, be established to review the recommendations and report thereon to Council for its meeting to be held in the second week of May; the Special Committee be comprised of:
Councillor David Miller (Chair)
Councillor Mike Feldman
Councillor Anne Johnston
Councillor Joan King
Councillor Norm Kelly
Councillor Gloria Lindsay Luby
Councillor Peter Li Preti
Councillor Howard Moscoe
Councillor Michael Prue
Councillor Kyle Rae
Councillor Judy Sgro
Councillor Ron Moeser;
all motions that come forward with respect to the final report of the Toronto Transition Team be referred to this Special Committee, and those dealing with staffing and salaries be referred to the Corporate Services Committee; and the Chief Administrative Officer do all things necessary to provide support and assistance to this Special Committee:
(a) all references to ‘Budget Chief’ in the recommendations of the final report of the Toronto Transition Team and any motions adopted or referred by Council be changed to ‘Budget Chair’;
(b) Recommendation 13 of the final report of the Toronto Transition Team be amended to provide that:
(i) each Member of Council shall be entitled to an office wherever Council regularly meets;
(ii) Members of Council be entitled to an office wherever their respective Community Council meets; and
(iii) Members of Council, within their office budget allocation, be permitted to establish a constituency office if they so desire;
(c) Recommendation 11 of the final report of the Toronto Transition Team be amended to provide that, until the matter of salaries for Members of Council and tax-free portions has been resolved, the salaries for Councillors be set at $64,505.13, one-third tax free, as it was for the former Metropolitan Councillors; and, further, that the Mayor’s salary also remain the same as the former Metropolitan Chairman;
(d) each Councillor be provided with a global budget of $70,000.00 to cover office expenses, including communicating with constituents;
(e) Councillors be allocated sufficient funds within the General Council budget to cover the salaries and benefits for one (1) Executive Assistant, one (1) Constituency Assistant and one (1) Administrative Assistant;
(f) each Councillor be given the latitude to hire the equivalent of three (3) full-time staff from the following classifications: Executive Assistant, Constituency Assistant, Administrative Assistant and Clerical Assistant;
(g) on an interim basis, the salary range for the Executive Assistant and the Constituency Assistant be that of the Executive Assistant in the former Municipality of Metropolitan Toronto and the salary range for the Administrative Assistant and the Clerical Assistant be that of the Administrative Assistant and the Clerk Grade 3 position in the former Municipality of Metropolitan Toronto;
(h) all permanent former ‘City’ or ‘Metro’ employees retain their permanent employment status and those earning in excess of the City-recommended salary ranges will have their salaries red-circled;
(i) Recommendation 21 of the final report of the Toronto Transition Team pertaining to one Councillor per ward representation be referred to the Urban Environment and Development Committee and circulated to the Community Councils for consideration and report thereon to Council;
(j) that portion of Recommendation 96 of the final report of the Toronto Transition Team pertaining to the Toronto Licensing Commission, together with Recommendation 99 and the second portion of Recommendation 128, be referred to the Office of the Mayor for report thereon to the Special Committee;
(k) Recommendation 110 of the final report of the Toronto Transition Team not be adopted on an interim basis but be referred to the Special Committee for consideration; and that the Chief Financial Officer & Treasurer and the Interim City Solicitor be requested to submit a joint report to the Special Committee on the implications for the new City with regard to such recommendation;
(l) the Board of Health report directly to City Council;
(m) a new Standing Committee, named the Economic Development Committee, be established and the Special Committee be requested to develop Terms of Reference for the Economic Development Committee and, as part of the review of the Terms of Reference, consider the merits of including urban planning as a responsibility of such Committee;
(n) the composition of the Economic Development Committee be referred to the Striking Committee for an immediate report thereon to Council respecting its membership;
(o) the draft Council Procedural By-law, appended to the communication dated December 30, 1997, from the City Clerk be adopted, in the interim, subject to:
(i) striking out and referring Section (3) to the City Clerk for a report thereon to the Special Committee; and
(ii) adding a new subsection (a) to Section 11, as follows, and renumbering subsections (a) and (b) accordingly:
‘(a) if it is required in accordance with the Municipal Act or other applicable legislation;’;
and that the draft By-law and all communications and proposed amendments related thereto be referred to the Special Committee for report thereon to Council for its meeting to be held in May, 1998."
(B) "It is further recommended that:
(a) the Special Committee be requested to:
(i) submit a report to the meeting of Council to be held on February 4, 1998, on the location for regular meetings of Council and, until such time as the Special Committee reports back to Council on a permanent location for regular meetings of Council, such meetings be held at Metro Hall; and
(ii) submit a report to Council as soon as possible but no later than March 4, 1998, on the roles and responsibilities of Community Councils;
(b) the Chief Administrative Officer be requested to submit reports to the Special Committee on:
(i) three options, with advantages and disadvantages and cost factors involved in choosing the seat of government, and that these options, together with the recommendations of the Special Committee, be reported to Council in three months; and that all Members of Council be invited to attend the meeting of the Special Committee at which this issue will be discussed;
(ii) a preferred organizational structure for the senior staff, such report to be submitted as soon as possible;
(iii) the administrative structure of the new City, such report to identify other possible options for the administrative structure; and
(iv) Recommendation 66 of the final report of the Toronto Transition Team, and the possibility of enabling citizens to make routine applications for permits, etc., in their neighbourhoods, at libraries, community centres or other existing facilities by electronic means;
(c) the Chief Administrative Officer and the City Clerk be requested to submit a report to the first meeting of the Special Committee outlining a suggested workplan and identifying priorities and implementation issues that require early resolution;
(d) the City Solicitor be requested to submit a report to the Special Committee on legal issues, if any, raised by Bill 103 and the final report of the Toronto Transition Team;
(e) the Chief Administrative Officer and the Office of the Mayor be requested to arrange a briefing session for the public on how to participate in meetings of the Community Councils, Standing Committees and Task Forces;
(f) with respect to the brochure, entitled ‘Our City Toronto, January 1998’, which was sent out to constituents across the new City of Toronto, the Message from the Mayor on Page 1 be corrected to reflect that the west boundary of the City of Toronto is Etobicoke Creek, rather than Highway 427, and that the appropriate staff be requested to ensure that this correction is communicated to the citizens; and
(g) the following motion be referred to the City Clerk for report thereon to the Special Committee:
‘That Section 6 of the draft Council Procedural By-law be amended by deleting the words "24 hours’ notice" and substituting therefor the words "48 hours’ notice" ’.
(C) In accordance with the foregoing recommendations adopted by Council in Section (A) above, the following motions were referred to the Special Committee:
(a) Moved by Councillor Balkissoon:
‘That Council adopt the following recommendation:
"It is recommended that the Special Committee be requested to consider Recommendation No. (8) of the final report of the Toronto Transition Team regarding the Community and Neighbourhood Services Committee and its key functional areas, insofar as they pertain to Parks and Recreation, the Culture Office, the Agencies, Boards and Commissions of the Toronto Public Library Board, the Toronto Arts Council, the Toronto Historical Board, the Boards of Management of Recreational Facilities, the Hummingbird Centre for the Performing Arts, the St. Lawrence Centre for the Performing Arts and the Ford Centre, in that these major services of the City may be more effectively delivered by having their own Standing Committee."’
(b) Moved by Councillor Bossons:
‘That Council adopt the following recommendation:
"It is recommended that Section 106(1) of the draft Procedural By-law be amended so that the appointment period for membership on the Standing Committees is for 12 months instead of 18 months."’
(c) Moved by Councillor Faubert:
‘That Section (3) of the Council Procedural By-law be amended by deleting the words "The Standing Orders of the Legislative Assembly of Ontario" and inserting in lieu thereof the words "Bourinot’s, Beauschesne, Robert’s or any other authority deemed appropriate".’
(d) Moved by Councillor Flint:
‘That subsection 18(1) of the Council Procedural By-law be amended to provide that the 2nd item of business on the Order Paper for Council, headed "Moment of Silence", not be adopted at this time, but be referred to the Special Committee of Council.’
(e) Moved by Councillor Gardner:
‘That Council adopt the following recommendation:
"It is recommended that the report dated December 29, 1997, from the Chair, Parking Authority of Toronto, and the Chair, Parking Authority of North York, headed ‘Enabling By-law for the Toronto Parking Authority’, be adopted."’
(f) Moved by Councillor Holyday:
‘That Council adopt the following recommendation:
"It is recommended that Recommendation 22 of the final report of the Toronto Transition Team be amended so that the municipal ward boundaries be changed to reflect the Federal and Provincial boundaries."’
(g) Moved by Councillor Jones:
‘That Council adopt the following recommendation:
"It is recommended that the following recommendations embodied in the report dated January 7, 1997, from the Acting Secretary, Interim Board of Health, be adopted:
‘(2) Section 97 of Council’s draft Procedural By-law be amended to include the Chair of the Board of Health as a member of the Strategic Policies and Priorities Committee;
(3) the Board of Health for the City of Toronto Health Unit be composed of 13 members. The 13 members of the Board shall consist of:
(a) seven (7) Members of Council; and
(b) six (6) citizen members. One from each of the former municipalities to be recommended by the Community Councils (each Community Council to recommend one (1) citizen appointee);
(4) the Chair of the Interim Board of Health, Councillor John Filion, be one of the Council representatives appointed to the Toronto Board of Health; and
(5) Council seek a legislative change to increase the members for the Toronto Board of Health from a maximum of 13 to a maximum of 15 to allow for representatives from the Public and Separate School Boards.’"’
(h) Further moved by Councillor Jones:
‘That City Council adopt the following recommendations:
"It is recommended that:
(1) the draft Procedural By-law be amended:
(a) by deleting all references to the Nominating Committee and expanding the mandate of the Community Councils to include the duties and responsibilities of the Nominating Committee;
(b) to provide that the position of Budget Chief be deleted and that City Council be divided into Budget Committees, each Committee to be delegated a certain portion of the Corporate Operating Budget and be responsible for:
(i) electing its own Chair; and
(ii) submitting recommendations to City Council, through the Strategic Priorities and Planning Committee, on its portion of the overall Corporate Operating Budget;
(c) by deleting from the lead-in phrase to Section 103 the words ‘by the Mayor’ and inserting in lieu thereof the words ‘by Council’, so that such lead-in phrase shall now read as follows:
‘103. A Striking Committee composed of up to seven (7) Members of Council appointed by Council, and including the Mayor as Chair, shall:’;
(d) to provide that the Chair of a Standing Committee shall not be permitted to hold the position of Chair for more than one 18-month period during the term of Council; and
(e) to provide that the Members of a Standing Committee shall not be appointed to the same Standing Committee at the conclusion of the first 18-month period, during the term of Council, in order to provide an opportunity for all Members of Council to serve on different Standing Committees;
(2) the draft Procedural By-law be implemented for a period of six months and the Corporate Services Committee be requested to convene a special meeting to hear deputations from the public in regard to the draft Procedural By-law and report thereon to Council in June, 1998."’
(i) Moved by Councillor Layton:
‘That Council adopt the following recommendations:
"It is recommended that the draft Procedural By-law be amended:
(1) under Section I, headed ‘Definitions’:
(a) by deleting the definitions of ‘Second Deputy Mayor and Third Deputy Mayor’;
(b) by adding thereto the following new definitions:
‘Speaker of the Council’ means a Member, appointed by Council by by-law, as Speaker, to perform the functions of ‘Chair’ of the meetings of City Council.
‘Deputy Speaker of the Council’ means a Member, appointed by Council by by-law, to perform the functions of ‘Chair’ of the meetings of City Council in the absence of the Speaker.
‘Question Period’ means a sixty minute period during which members of the public who have registered their name and question with the Clerk in advance of the Council meeting shall be entitled to ask their question and receive an answer from the Mayor or Council to whom the question is directed. Answers shall be limited to three minutes in duration. No supplementary questions from members of the public shall be permitted.
(c) by deleting the definition for ‘Point of Procedure’ and deleting all references to ‘Point of Procedure’ wherever it occurs in the draft Procedural By-law; and
(d) to provide that the definition of ‘Community Council’ shall now read as follows:
‘Community Council’ means a Standing Committee of Council established under section 7 of the City of Toronto Act, 1997, to ensure that matters of a local nature are considered in a local context and to ensure that matters of a local nature are considered by those Councillors who represent historic communities and that recommendations concerning such local matters are presented to the City Council through these Standing Committees of the Council;
(2) under Section III, headed ‘Inaugural Meeting of Council’, by deleting subsection 4(2)(b) and inserting in lieu thereof the following new subsection 4(2)(b):
‘(2)(b) Council shall recess to permit Community Councils to meet in, in their respective Community Council meeting places, i.e. the six former municipal council chambers, to elect their Chairs and to permit the Striking Committee to meet and submit its report to Council;’;
(3) under Section V, headed ‘Meetings of Council’:
(a) by inserting in subsection (6)(1), after the words ‘on 24 hours’ notice’, the words ‘in writing’, so that such subsection shall now read as follows:
‘(6)(1) The Mayor may at any time summon a special meeting of the Council on 24 hours’ notice in writing to the Members and shall summon a special meeting of the Council when requested to do so in writing by a majority of the Members.’;
(b) by deleting from subsections 8(1) and 8(2) the words ‘the Mayor, the Deputy Mayor or Third Deputy Mayor’ and inserting in lieu thereof the words ‘the Speaker or Deputy Speaker’;
(c) by deleting from subsection 8(3) the word ‘Mayor’ and inserting in lieu thereof the word ‘Speaker’; and
(d) by deleting from Section 13 the words ‘and Community Councils’ and ‘or Community Councils’, so that such Section shall now read as follows:
‘13. The Mayor shall chair the Strategic Policies and Priorities Committee and Striking Committee of the Council, and shall be a member ex-officio of all other Standing and other Committees of the Council, and shall be entitled to vote as a member of such Committees.’
(4) under Section VI, headed ‘Order of Business’, by inserting a new 6th item headed ‘Question Period’ and renumbering the following sections accordingly;
(5) under Section VIII, headed ‘Rules of Debate’:
(a) by adding to Section 25 the words ‘unless Council uthorizes the Member to speak for one additional five minute period on the matter’, so that such Section shall now read as follows:
‘25. A Member may speak to the same matter for a maximum of five minutes, unless Council authorizes the Member to speak for one additional five minute period on the matter.’;
(b) by deleting the following subsection 26(4):
‘26.(4) The number of times a Member may ask questions of the same person on the same matter shall be limited to one time only.’;
(c) by adding to subsection 29(2) the words ‘Council may, at its discretion, without debate, decide on the affirmative vote of at least two-thirds of the Members present and voting whether to immediately consider such a Notice of Motion’;
(d) by striking out and referring the following Section 32 to the Corporate Services Committee for further consideration and report thereon to Council:
‘32. A motion or Notice of Motion in respect of a matter which is ultra vires the jurisdiction of the Council shall not be in order.’; and
(e) by deleting from the lead-in phrase to Section 39 the words ‘debate as follows’ and inserting in lieu thereof the words ‘consideration in the following order’, so that such lead-in phrase shall now read as follows:
‘39. The following are deemed to be procedural motions and shall be subject to consideration in the following order:’;
(6) under Section XVII, headed ‘Committees of Council’
(a) by adding to Section 80 the words ‘co-ordinating the input, research, advice and programs of the Healthy City Office, located in the office of the Chief Administrative Officer, to ensure sustainability and healthy public policy’;
(b) by adding the following to subsection 86(1) to provide for seven (7) Standing Committees of Council:
‘(6) The Economic Development Committee; and
(7) The Board of Health’;
(c) deleting from Section 87 the following responsibilities of the Urban Environment and Development Committee and transferring such responsibilities to the mandate of the Economic Development Committee:
‘The Toronto Zoo, Business Improvement Areas, Boards of Management, Exhibition Place, and Toronto Harbour Commissioners.’; and
(d) adding thereto the following new section setting out the mandate of the Economic Development Committee:
‘The Economic Development Committee shall be responsible for developing policy and co-ordinating programs across the city which relate to economic development and job creation, including:
(1) developing and recommending job creation strategies to Council;
(2) monitoring trends in economic activity and reporting these to Council and the citizenry on a regular basis;
(3) ensuring that public consultation on economic development initiatives is a frequent and effective part of the mandate of the City;
(4) monitoring policies and programs of the other orders of government in Canada and abroad in order to establish Council policies which may be required as well as to identify opportunities; and
(5) supervise the policies, programs and budgets of the major organizations owned or operated by the municipality which have a primary job-creation or economic development aspect, including: the Toronto Harbour Commissioners, the Toronto Zoo, Exhibition Place, the Economic Development Division of the Civic Service, the Business Improvement Areas, and community economic development initiatives.’ ;
(e) adding thereto the following new Section setting out the mandate of the Board of Health:
‘The Board of Health shall be responsible for all responsibilities assigned to it under Provincial Health legislation and shall report all such activities to Council. The Board shall also develop public health policy for the Council and recommend such initiatives as it deems to be in the interest of the health of the public and the communities of Toronto for consideration by Council and its administration, including:
(1) the consideration of budgets of the Department of Public Health and the Animal Control Division;
(2) the review of policies of the Department of Public Health; and
(3) the consideration of the impact on public health of policies of governments or others and the development of appropriate recommendations.’;
(f) deleting from Section 98:
(i) all references to the Second and Third Deputy Mayors and inserting in lieu thereof the words Speaker and Deputy Speaker of Council; and
(ii) deleting the words ‘Budget Chief’ and inserting in lieu thereof the words ‘Chair, Budget Committee’.;
(g) deleting Section 99 and inserting in lieu thereof the following new Section 99:
Urban Environment and Development 9 Members
Works and Utilities 8 Members
Community and Neighbourhood Services 9 Members
Emergency and Protective Services 9 Members
Corporate Services 9 Members
Economic Development 8 Members
Board of Health 4 Members
The Mayor is an ex-officio member of all Committees. The Board of Health has 13 Members by Statute and consists of six interim citizen members (the former Chairs of the Boards in the Municipalities) and three representatives from the School Boards; and
(h) adding to Section 106, the words ‘No Member may hold the same position as a Chair of a Standing Committee or Community Council for two successive 18 month terms.’
(j) Further moved by Councillor Layton:
‘That Council adopt the following recommendations:
"It is recommended that:
(1) the joint report dated December 22, 1997, from the General Manager, Metropolitan Toronto Housing Company, and General Manager, City of Toronto Non-Profit Housing Corporation, headed ‘Interim Boards of Directors for the Municipal Housing Companies; Appointment Process; and passing of Special Resolutions and Confirmation of By-laws’, be adopted, and further that Recommendations 78 and 79, embodied in the final report of the Toronto Transition Team be adopted, as amended, by the aforementioned joint report; and
(2) the Chair of the new Toronto Hydro-Electric Commission be a member of Council appointed by Council."’;
(k) Moved by Councillor Lindsay Luby:
‘That Council adopt the following recommendations:
"It is recommended that:
(1) the Standing Committee memberships be rotated annually; and
(2) the Chairs of the Standing Committees be appointed by the Standing Committees;
and the Council Procedural By-law be amended accordingly."’
(l) Moved by Councillor Mammoliti:
‘That City Council adopt the following recommendations:
"It is recommended that the draft Procedural By-law be amended:
(1) by deleting the following subsection 16.1(a):
‘16.1 No Member shall,
(a) speak disrespectfully of any member of the Royal Family, the Governor General, the Lieutenant Governor of any Province, any Member of Council or any official of the Corporation;’;
(2) to provide that subsection 18(1), under Section VI, headed ‘Order of Business’, include, as the 2nd item of business on the Agenda for Council, either the Lord’s Prayer or an acceptable alternate prayer; and
(3) deleting from subsection 25, under Section VIII, headed ‘Rules of Debate’, the words ‘five minutes’ and inserting in lieu thereof the words ‘eight continuous minutes’, so that subsection 25 shall now read as follows:
‘25. A Member may speak to the same matter for a maximum of eight continuous minutes.’"
(m) Moved by Councillor McConnell:
‘That Council adopt the following recommendation:
"It is recommended that the recommendations embodied in the submission from the Coalition of Concerned Councillors, entitled ‘Final Report on Community Councils in the new City of Toronto’, be adopted and the Council Procedural By-law be amended, as follows, to give effect thereto."’;
Note: Where a recommendation calls for amending to text of an existing section in the Draft Procedural By-law, changes are indicated by shading:
(1) section 54 be amended to read:
"Except with respect to a report from a Community Council, upon the request of any Member, and when the Chair is satisfied that a matter under consideration contains distinct proposals, the vote upon each proposal shall be taken separately.";
(2) inserting a new section into Part X, as follows:
"Subject to subsection 95(9), whenever the report of any Community Council appears on the City Council Agenda and a Member requests that such report be the subject of questions or debate, or that distinct proposals within the report be considered separately, City Council shall immediately and without debate hold a vote on whether such questions, debate or separate consideration should take place; if a majority of the Members present vote against the motion, the report’s recommendations will be voted or in their entirety as a single package, without questions or debate, and adopted or defeated accordingly.";
(3) amending section 85 to read as follows:
"85 (1) It is the responsibility of the Standing Committees of Council to:
(a) provide political direction, set priorities and ensure co-ordination among related policies, programs and services;
(b) provide a forum for public participation and for detailed discussion of the City’s decision-making on matters of citywide significance;
(c) make policy recommendations to Council and recommend citywide priorities within the Committee’s budget envelope;
(d) receive reports from the corporate administration on implementation of program and policy decisions within the Committee’s areas of responsibility; and
(e) promote accountability and interaction with City Council on the part of agencies, boards and commissions of the City, except those whose members are nominated or appointed by Community Councils.
(2) Each Standing Committee shall report to City Council.";
(4) amending section 87 by:
(a) inserting the word "citywide" before the words "Official Plan" in subsection (1);
(b) inserting the word "citywide" before the words "transportation policies" in subsection (2); and
(c) deleting from subsections (3) and (5) the words "the Business Improvement Area boards of management" and "Committee of Adjustment, Property Standards Committee";
(5) amending the introductory portion of section 89 to read as follows:
"89. the Community and Neighbourhood Services Committee shall be responsible for addressing, in a citywide context, the spectrum of issues that have an impact on the quality of life in communities and neighbourhoods such as social, health, housing recreational and cultural needs, except where such issues fall within the purview of Community Councils in accordance with section 94. Issues for which the Committee is responsible shall include:"
(6) amending subsections 89(9) and (10) by deleting the words "the Boards of Management of Recreational Facilities";
(7) amending subsection 90(5) by adding the words "except where such matters fall within the purview of Community Councils in accordance with section 94";
(8) adding a new subsection to section 91:
"Decisions on the acquisition, disposal and use of city buildings and property shall be made in consultation with the local Community Council.";
(9) adding a new section 92 as follows:
92. (1) It is the responsibility of the Community Councils to decide local issues and act as the City’s direct link with residents and taxpayers at the Community level by:
(a) listening to the community, resolving problems and acting as a forum for appeal on delegated decisions;
(b) implementing citywide policies by applying them to local issues;
(c) within the framework of citywide policies, developing local policies that respond to local needs;
(d) recommending municipal priorities for the Community, and ensuring co-ordination among all municipal policies, programs and services within the Community;
(e) receiving reports from the corporate administration on implementation of program and policy decisions within the Community Councils’ areas of responsibility; and
(f) promoting accountability and interaction with City Council on the part of those Agencies, Boards and Commissions of the City whose members are nominated or appointed by Community Councils.
(2) Each Community Council shall report to City Council.
(10) COMBINE sections 92 and 93 to form a new section 93.
(11) REVISE section 94 to read:
"94. Each Community Council shall be responsible for, within the part of the City of Toronto it represents:
(a) holding statutory public hearings and meetings, making recommendations to City Council on development applications, the designation and protection of historic buildings and sites and other Official Plan and zoning by-law matters, commissioning area planning studies and policies, delegating matters to staff under the Planning Act and, within the context of City Council’s decisions on the need for them, determining the location of new municipal facilities including local services for youth, aged and homeless people, deciding on neighbourhood redevelopment and improvement programs, and initiating community economic development initiatives, all within their respective boundaries;
(b) reviewing the delivery of municipal services within the community including the need for programs, hours of operation and locations; hearing public deputations and making recommendations to City Council on other neighbourhood matters requiring a municipal by-law or commitment of unbudgeted City funds, including exemptions to fence, sign, ravine, tree and noise by-laws, BIA streetscape improvement plans and other street furniture, traffic and parking regulations; and standards of cleanliness within the road allowance;
(c) hearing and deciding appeals of staff decisions regarding construction-related permits; billings related to snow removal, cleaning and clearing of debris and cutting of weeds and long grass; encroachments on municipal property, requests to remove trees and damage caused by trees on municipal property; licensing of rooming houses, lotteries and bingos, pets, business and vending; installation of street banners and pennants; animal control issues;
(d) making recommendations to City Council on lease agreements related to local assets including lands, buildings and sub-surface rights-of-way; alternative use or sale of municipal property; making municipal facilities available at below-market rates; use, obstructions and leasing of boulevards; sale of advertising space on City walls, bridges, vehicles, public squares and within the road allowance; night-time construction and other site-specific noise activity by the City or its Agencies, Boards and Commissions; approval of events in City parks and other public or private outdoor sporting and cultural events;
(e) involving citizens in neighbourhood issues, such as recreation needs and safety concerns, social and health-related needs, programs and policy issues affecting the local area, store-front services; reviewing, creating or terminating local special-purpose advisory committees or task forces; monitoring the well-being of local neighbourhoods and reporting to City Council on how well community needs are being met; co-ordinating volunteer efforts;
(f) nominating citizens as members of Business Improvement Area boards, community panels of the Committee of Adjustment, Architectural Advisory Committee and Property Standards Committee; appointing members to local recreational facility boards of management; evaluating the operations of such local boards and making recommendations on their structure;
(g) making recommendations to the Budget Committee and City Council on Community allocations and priorities in the operating and capital estimates; overseeing budget expenditures for local programs and services; re-allocating funds within the Community budget for local services, subject to limits established by City Council; recommending the budgets for those Agencies, Boards and Commissions of the City whose members they nominate or appoint; administering community grants; making submissions for grants, sponsorships or funding from other levels of government, foundations or the private sector; developing and clarifying local Community-based arts grants policies and criteria; and conducting community needs assessments.
(12) DELETE the existing sections 95 and 96;
(13) ADD a new section 95 as follows:
95. (1) At the same time as it is circulated to Members of that Community Council, the agenda of every Community Council meeting shall be circulated to the Members of City Council representing wards adjoining the boundaries of the Community.
(2) If any Member of City Council believes that a matter on the agenda of a adjoining Community Council will have a significant direct impact on his or her ward, the Member may submit a request in writing, in accordance with subsection (3), asking that the matter be treated as a boundary issue.
(3) Any request submitted under subsection (2) must:
(a) provide a written explanation of the anticipated impact; and
(b) reach the Clerk responsible for that Community Council not later than three days before the date of the meeting;
and the Clerk shall immediately provide copies to the Chair of that Community Council and to the Chair of the Community Council to which the Member belongs, and they shall jointly decide whether or not the matter is a boundary issue.
(4) In the event that the Chairs of the Community Councils cannot agree on whether or not a matter is a boundary issue, a decision shall be made by the Mayor or another Member designated by the Mayor.
(5) Whenever a request has been submitted under subsection (2) the matter shall not be considered by either of the Community Councils concerned until either:
(a) a decision has been made in accordance with subsection (3) or subsection (4) that the matter is not a boundary issue; or
(b) the report of a joint working group convened in accordance with subsection (6) is available to be considered with the matter.
(6) When it has been decided in accordance with subsection (3) or subsection (4) that a matter is a boundary issue, a joint working group shall immediately be appointed by the chairs of the Community Councils concerned, and shall include the Member who submitted the request together with the Members for the subject ward and such other persons as the Chairs may appoint.
(7) A joint working group established in accordance with subsection (6) shall prepare a report with recommendations within six weeks.
(8) At the earliest opportunity after the report referred to in subsection (7) is available, the matter and the report shall be placed on the agenda of a combined meeting of the Community Councils concerned, following which each Community Council shall vote on the matter.
(9) If the votes of the Community Councils differ, the matter shall be sent directly to the next upcoming meeting of City Council for resolution, and (new section in Part X) shall not apply.
(14) AMEND section 100 to read:
100. The Budget Committee shall be composed of twelve (12) Members of Council including the Budget Chief, a representative from each of the Standing Committees, and a representative of each Community Council who may be the Chair or such other Member as the Community Council may appoint.
(15) AMEND section 107 by:
(a) renumbering subsections (3) and (4) as (4) and (5) respectively;
(b) changing "(3)" in subsections (1) and (2) to "(4)"; and
(c) adding the following new subsection:
(3) A sub-committee of a Community Council, consisting of members of the Community Council only, may also be established by a Community Council in accordance with subsection (4).
(n) Further moved by Councillor McConnell:
‘It is recommended that section 47 of the draft Procedural By-law be amended to provide for reconsideration of matters considered during the term of Council every 18 months.’
(o) Moved by Councillor Mihevc:
‘That Council adopt the following recommendations:
"It is recommended that:
(1) Recommendation 105 of the final report of the Toronto Transition Team be amended to provide that where Agencies, Boards and Commissions are geographically defined as serving a particular neighbourhood or area of the City, the Community Councils appoint the Councillor and citizen members;
(2) the Procedural By-law be amended to provide that the Nominating Committee be composed of one representative from each Community Council; and, further, that only Members who are not Chairs of Standing Committees or Community Councils are eligible to be Members of the Nominating Committee; and
(3) the following recommendation be referred to the Special Committee:
"That the Chairs of the Standing Committees be selected by the Members of the Standing Committees; and, further, that Chairs of Standing Committees and Community Councils be eligible to serve as Chairs only once during a three-year term".’
(p) Moved by Councillor Miller:
"That the following recommendations be forwarded to the Special Committee:
‘It is recommended that:
(1) the draft Procedural By-law be amended as follows:
(a) by deleting in subsection 26(5) the words "and answers thereto";
(b) by deleting in subsection 26(7) the word "similar" and inserting in lieu thereof the words "the same";
(c) by adding to subsection 80(j) the words "developing in conjunction with the citizens, the Social Charter, recommended in the Toronto Transition Team Report"; and
(d) by adding to subsection 118(i) the words "except that a Committee may have recorded votes"; and
(2) that Council adopt the following recommendation:
"It is recommended that the City Solicitor be requested to report to the Special Committee on the ability of the Mayor to sit, ex-officio, on the Community Councils, in view of the provisions of Bill 103, viz. "Members of Community Councils shall be elected from the former Cities".
(q) Moved by Councillor Minnan-Wong:
"That Council adopt the following recommendation:
‘It is recommended that no action be taken on the hiring of Executive Commissioners; and that Recommendations 44 and 45 in the final report of the Toronto Transition Team be referred to the Special Committee.’"
(r) Moved by Councillor Moscoe:
"That Council adopt the following recommendations:
‘It is recommended that:
(1) Recommendation 21 of the final report of the Toronto Transition Team be amended by adding thereto the following:
"(a) Council establish a municipal boundary task force; and
(b) the terms of reference of the task force shall include:
(i) to review the present ward system and propose divisions for each ward;
(ii) to review the feasibility of adjusting the size and geographic boundaries of the communities that make up the new Toronto;
(iii) to hold public hearings as required; and
(iv) to report directly to Council no later than January 31, 1999.";
(2) the following motion be referred to the Special Committee for further consideration:
‘That Recommendation 29 of the final report of the Toronto Transition Team be amended to provide that Toronto should explore the possibility of the Toronto Ambulance Service evolving into the GTA ambulance agency, and in the interim, continue to offer to provide service to other GTA municipalities on a cost plus basis.’;
(3) the first paragraph of Recommendation 70 of the final report of the Toronto Transition Team be amended by deleting the words ‘all of’, and that such paragraph, as amended, be referred to the Special Committee, viz.:
‘Council should ensure that there is citizen representation on its Agencies, Boards and Commissions.’;
(4) Recommendation 75 of the final report of the Toronto Transition Team be voted on separately;
(5) the following motion be referred to the Special Committee:
‘That Recommendation 83 of the final report of the Toronto Transition Team be amended by deleting the first paragraph and inserting in lieu thereof the following:
"Consideration should be given to expanding the membership of the Toronto Transit Commission to eleven members, one to be the Mayor or his designate"’;
(6) the following motion be referred to the Special Committee:
"That Recommendation 86 of the final report of the Toronto Transition Team be amended by adding the sentence ‘Failing that, City Council, as a matter of policy, shall provide sustaining grants to all Toronto public theatres equivalent to their municipal property taxes, separate and apart from any other grants they may receive."’;
(7) the following paragraph embodied in Recommendation 90 of the final report of the Toronto Transition Team be referred to the Urban Environment and Development Committee for consideration:
"City Council should invite the Province to jointly explore a co-ordinated approach to the management and marketing of the National Trade Centre and the Metro Toronto Convention Centre, including the possibility of having the private operation of both facilities carried out by one company.";
(8) the following motion be referred to the Special Committee:
"That Recommendation 93 of the final report of the Toronto Transition Team be amended by adding at the end of the fourth paragraph, the following:
‘(1) Matters of parking policy shall remain with the City Council through the Urban Environment and Development Committee and the Community Councils; and
(2) there shall be a formal process of consultation with the respective Councillors on local parking policy changes.’";
(9) the following motion be referred to the Special Committee:
"That the second paragraph embodied in Recommendation 103 of the final report of the Toronto Transition Team be amended by inserting the word ‘model’ after the words ‘existing Toronto Arts Council’, so that such paragraph shall now read as follows:
‘The Arts Council should be based on the existing Toronto Arts Council model and it should report to Council through the Community and Neighbourhood Services Committee."’
(10) Recommendation 118 of the final report of the Toronto Transition Team be referred to the Special Committee, together with the following proposed amendment:
"That the second paragraph of Recommendation 118 be amended to read as follows:
‘A review of sidewalk and snow-ploughing practices shall be undertaken. Whatever service has been supplied until now shall continue."’;
(11) Recommendation 119 of the Toronto Transition Team be referred to the Special Committee;
(12) the first two paragraphs of Recommendation 124 of the final report of the Toronto Transition Team be referred to the Community and Neighbourhood Services Committee; and
(13) Recommendation 134 of the final report of the Toronto Transition Team be referred to the Urban Environment and Development Committee."’
(s) Further moved by Councillor Moscoe:
‘That Council adopt the following recommendation:
"It is recommended that the draft Council Procedural By-law be amended by:
(1) deleting the words in Section 82(c) and inserting in lieu thereof the words ‘making recommendations to Council on revenue and expenditure issues, through the Strategic Policies and Priorities Committee’;
(2) deleting the word ‘Strategic’ from the name of the Strategic Policies and Priorities Committee, mutatis mutandis;
(3) including a definition for the word "Strategic" in the Procedural By-law; and
(4) adding to the end of Section 1(m)(ii), the words ‘save and except the ex-officio powers of the Mayor as a Member of a Community Council’."
(t) Further moved by Councillor Moscoe:
‘That Council adopt the following recommendation:
"It is recommended that the following motion be referred to the Special Committee for consideration and report thereon to Council:
‘WHEREAS the amalgamation of the seven municipalities within Metropolitan Toronto has been accomplished with haste and with little forward planning. Among the literally thousands of decisions that will have to be made is where the seat of government will rest. This matter will have to be resolved quickly. For the moment, (based on the recommendations of the Toronto Transition Team), Councillors who are presently located in Metro Hall or Toronto City Hall retained their offices, and for others, lots have been drawn to determine their locations in either Metro Hall or Toronto City Hall; and
WHEREAS the first meeting of the new Toronto Council will be held at Toronto City Hall and subsequent meetings will take place at Metro Hall; and
WHEREAS, notwithstanding the differences of opinion that abound amongst the newly-elected Members, two basic principles of consensus seem to be emerging:
(1) it is generally felt that it would be beneficial to have the offices for all Councillors within the same location; and
(2) there seems to be a feeling among many Councillors that Council offices ought to be where meetings take place; and
WHEREAS many Councillors feel that Toronto City Hall would be the preferred location for the seat of government. It is a location that has traditionally been recognized as the centre of municipal government. The "Toronto City Hall" image is a symbol that has a status that goes well beyond the old City of Toronto; and
WHEREAS there is a strong feeling, however, that Toronto City Hall cannot adequately accommodate all Members of Council conveniently and comfortably and that the facilities offered by Metro Hall, which is a modern, efficient building, can be more easily and economically retrofitted to accommodate a Council of 57 Members; and
WHEREAS I would urge Members of Council not to make the decision with the same haste as the Harris government has made most of its recent legislative changes; and
WHEREAS I propose that the ultimate seat of government be a complex that includes Toronto City Hall, (renovated), Nathan Phillips Square, a restored old City Hall and office space constructed as required on lands presently owned by the City of Toronto adjacent to City Hall. It is essential, however, that this complex be properly planned and co-ordinated to ensure that this seat of government is one that properly reflects the importance of a city of 2 1/4 million people; and
WHEREAS I propose that in the interim, offices be provided in Metro Hall for all Councillors and that Metro Hall become the provisional seat of government for the new City of Toronto until the city centre complex becomes available, that staff be directed to review the need for accommodating staff and Council and that we aim to move into the Toronto Centre Municipal Complex following the next election;
NOW THEREFORE BE IT RESOLVED THAT Metropolitan Council recommend to the new City of Toronto Council that Metro Hall be the provisional seat of government until an appropriate City Centre Complex can be planned and developed;
AND BE IT FURTHER RESOLVED THAT plans for a city centre complex be developed by staff and that such plans include:
(1) renovation of the present Toronto City Hall to accommodate the new Toronto government;
(2) restoration of old City Hall, (1899), to its original grandeur, (now owned by Metro and leased to the Province, lease expires 1998);
(3) the construction or lease of office space behind Toronto City Hall as required, (land presently owned by the City of Toronto);
(4) the redevelopment of Bay Street, north of Queen as part of the City Centre Complex; and
(5) underground connections to tie the buildings together;
AND BE IT FURTHER RESOLVED THAT staff establish as an objective to have these facilities ready for full use for the next term of Council."’
(u) Moved by Councillor Moscoe:
That the Council Procedural By-law be amended as follows:
(1) by adding to subsection 6(1) the words "in writing" after the words "24 hours’ notice", so subsection 6(1) shall now read as follows:
"The Mayor may at any time summon a special meeting of the Council on 24 hours’ notice in writing to the Members and shall summon a special meeting of the Council when requested to do so in writing by a majority of the Members";
(2) by deleting from subsection 6(3) the words "as the Mayor may direct", and inserting in lieu thereof the words "by the Clerk in consultation with the Mayor";
(3) by deleting from subsection 16.1(a) the word "official and replacing it with the word "employee";
(4) amending subsection 17(b) to read as follows:
"No person shall engage in behavior which may disrupt the proceedings of Council.";
(5) by deleting from subsection 19(b) the word "official" and replacing it with the word "employee";
(6) adding to subsection 29(2) the following words:
"unless Council by an official vote by at least two-thirds of the Members present and voting waives this procedure";
(7) adding to subsection 32 the following words:
"unless Council by an official vote by at least two-thirds of the Members present and voting waives this procedure";
(8) by deleting section 58;
(9) by deleting from subsection 80 the words "Strategic Policies and Priorities" and inserting in lieu thereof the words "Financial Priorities", and that other pertinent sections of the By-law be amended accordingly;
(10) amending subsection 82(c) to read as follows:
"(c) making recommendations to Council on revenue and expenditure issues.";
(11) by deleting from subsection 98(4) the word "Chief" and replacing it with the word "Chair";
(12) by referring section 116 to the Clerk and Interim City Solicitor with a request that they report on whether such section applies to Community Councils; and
(13) by deleting from subsection 122(c) the word "annual" and replacing it with the words "twice yearly".
(v) Moved by Councillor Prue:
‘That the communication dated December 29, 1997, from Councillor Prue, outlining his comments on the draft Procedural By-law as attached to the report dated January 5, 1998, from the City Clerk, be referred to the Special Committee for discussion and report back.’
(w) Moved by Councillor Shiner:
‘That Council adopt the following recommendation:
"It is recommended that, on an interim basis, Metro Hall be renamed ‘Toronto City Place’."’
(x) Moved by Councillor Walker:
‘That Council adopt the following recommendations:
"It is recommended that the Draft Procedural By-law be amended by:
(1) deleting Section 95; and
(2) amending Section 107 by:
(a) renumbering subsection (3) to subsection (4);
(b) renumbering subsection (4) to subsection (5);
(c) adding a new subsection (3) to read as follows:
‘(3) A Sub-Committee of a Community Council consisting of Members of the Community Council and citizens may be established, when deemed appropriate in accordance with Subsection (4)’; and
(d) deleting from subsections (1) and (2) the words ‘in accordance with subsection (3)’ and inserting in lieu thereof the words ‘in accordance with subsection (4)’."
(y) Further moved by Councillor Walker:
"It is recommended that the draft Council Procedural By-law be amended as follows:
(1) (i) by deleting subsection 1(h), and renumbering the remaining subsections accordingly; and
(ii) by deleting all references to "the Corporation of" before the words "the City of Toronto" in the By-law;
(2) subsection 6(2) be amended to read "that meetings of Council cannot be called at the same time as the Strategic Policies and Priorities Committee, Standing Committees or Community Council meetings are scheduled" and that the subsequent subsections be renumbered accordingly;
(3) section 9 be amended to read "A majority of Members sitting in their assigned seats is necessary to constitute a quorum of Council";
(4) subsections 10(2) and (3) be amended by replacing "15 minutes" with "5 minutes";
(5) section 11 be amended to include the following definitions:
"Council In Camera
A. A Member may move a motion that Council meet In Camera if the subject matter being considered is:
(1) the security of the property of the municipality or local board;
(2) personal matters about an identifiable individual, including municipal or local board employees;
(3) a proposed or pending acquisition of land for municipal or local board purposes;
(4) labour relations or employee relations;
(5) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;
(6) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
(7) a matter in respect of which a council, board, committee or other body has authorized a meeting to be closed under another Act; and
(8) a request under the Municipal Freedom of Information and Protection of Privacy Act.
The motion must indicate the general reason an In Camera discussion is required.
B. Only those matters agreed to in public for discussion In Camera may be discussed.
C. The rules governing Committee meetings will be observed by Council In Camera.
D. At the conclusion of an In Camera meeting, the Chair will announce the time of the resumption of the Council meeting, and in the absence of such announcement, the Council meeting will resume within ten (10) minutes after the end of the In Camera meeting.
(6) subsection 16.1(d) be amended to include the following definition of Unparliamentary Language - Language expressions, or statements in debate or questions which:
A. attribute false or undeclared motives to another Member;
B. charges another Member with being dishonest;
C. is abusive or insulting; or
D. is likely to cause disorder.
(7) section 23 be renumbered 23(a) and the following be inserted as subsection 23(b):
"23 (b) The Chair will not take part in the discussion of an item while in the chair";
(8) section 25 be renumbered as 25(a) and the following be inserted as 25(b):
"25 (b) A member, with the leave of Council, may be granted one five-minute extension to speak on the same matter.";
(9) subsection 26(3)(b) be amended by deleting the words "with the consent of the Council";
(10) subsection 26(5) be renumbered as 26(5)(a) and the following be inserted as 26(5)(b):
"26(5)(b) Council may grant a five-minute extension to a member to ask questions of the same person on the same matter";
(11) subsection 26(7) be deleted;
(12) section 28 be amended by inserting after the words "current term of Council" the following words:
"or which for reasons of health, safety, emergency or legal deadline, cannot first be considered by the appropriate Committee.";
(13) subsections 29(1) and (2) be deleted;
(14) subsection 37(3) be deleted;
(15) subsection 47(2) be amended by inserting the following words after the word "majority", "or who voted in opposition on a tied vote";
(16) subsection 77(b) be deleted and that the balance of section 77 be renumbered accordingly;
(17) section 78 be amended by deleting all the words after the words "without reporting shall" and inserting in lieu thereof the following:
"only be in order if the subject referred to the Committee is being considered in camera as provided by section 11; and
(18) subsection 87.1(g) be amended to read as follows:
"Committee of Adjustment panels".
(D) In accordance with the foregoing recommendations adopted by Council in Section (A) above, the following motions, together with the communication dated January 2, 1998, from Councillor Michael Walker, North Toronto, were referred to the Special Committee for further consideration:
(i) Moved by: Councillor Prue
Seconded by: Mayor Lastman
"WHEREAS Ward 1, East York, as set out in the City of Toronto Act, 1997, is inadequately represented by only two Members of Council, with a ratio of 53,911 per Member; and
WHEREAS the average representation by population ratio of all wards in the new City of Toronto is 39,000 per Member; and
WHEREAS serious potential quorum and voting problems exist with only two Members sitting on the East York Community Council;
NOW THEREFORE BE IT RESOLVED THAT Council request a joint report from the Chief Administrative Officer and the Interim Lead Solicitor on potential solutions to this problem, including the feasibility of requesting Provincial legislation to allow for a third representative for East York, either by appointment or by by-election."; and
(ii) Moved by: Councillor Walker
Seconded by: Councillor Adams
"WHEREAS the Council of the new City of Toronto takes office on January 2, 1998; and
WHEREAS a majority of Councillors have indicated it is necessary to engage in careful organizational design to ensure Council’s efficiency, accessibility and accountability and that the hiring of additional senior staff may predetermine that organizational structure and limit Council’s future options in this regard; and
WHEREAS the organizational structure of the new City has not been considered nor approved by the new Council and to continue hiring senior staff could place individuals into positions that may not exist; and
WHEREAS the enabling legislation for the new City moves all existing contracts and responsibilities of the current employees forward into the new City of Toronto; and
WHEREAS the current legislation provides for a potentially lengthy legal process including a full hearing before Council for all statutory employees who are either constructively or actively dismissed; and
WHEREAS newly-elected Members of Council must be given an opportunity to review references and consider the experience, abilities and skills of candidates prior to the submission of a final list of candidates for recommendation to City Council; and
WHEREAS in a letter forwarded to the Transition Team, signed by 27 Members-Elect, and now endorsed by 29 Members-Elect, a majority of the new City of Toronto Council requested that the Transition Team and the new Chief Administrative Officer immediately stop the hiring process for any additional staff, including the Executive Commissioners;
NOW THEREFORE BE IT RESOLVED THAT the hiring of senior management staff be immediately halted so that Council has the full opportunity to determine the organizational structure for the new City."
(E) In accordance with the foregoing recommendations adopted by Council in Section (A) above, the following communications were referred to the Special Committee for further consideration:
(i) from the Assistant City Clerk, City of Toronto (December 10, 1997) forwarding a Discussion Paper for City Council’s consideration in determining the role of the Community Councils;
(ii) from the Administrator, Board of Health for the City of Toronto Health Unit (November 12, 1997) forwarding a communication dated October 15, 1997, from the Chair, Northern Health Area Community Health Board, respecting the future Toronto Board of Health;
(iii) from the General Manager, Metropolitan Toronto Housing Company, and the General Manager, City of Toronto Non-Profit Housing Corporation (Cityhome) (December 22, 1997) respecting the Interim Boards of Directors for the Municipal Housing Companies, the appointment process, the passing of special resolutions to enable the issuance of Articles of Amendment for each of the housing companies, and the confirmation by the Council of amending by-laws which will harmonize the provisions in the companies’ by-laws respecting directors, with the intended structure and make-up of the interim Boards once the Articles of Amendment are in place;
(iv) from the General Secretary, Toronto Transit Commission (December 17, 1997) recommending that the membership of the Commission, under the new City of Toronto, be expanded to 11 Council Members, in order to retain a 20 per cent representation of Council;
(v) from the Metropolitan Clerk (December 3, 1997) forwarding the recommendations of the Public Art Policy Advisory Committee of Metropolitan Toronto that the Public Art Policy Advisory Committee be carried forward into the new City of Toronto as a public art committee in some form and that the format be changed slightly to provide that the Committee assume a policy function which reports through an appropriate standing committee of the new Council which deals with public art and culture; and that Members of Council be included in the membership of the new Public Art Committee;
(vi) from the Metropolitan Clerk (September 26, 1997) forwarding the recommendations of Metropolitan Council pertaining to the Metropolitan Cycling and Pedestrian Committee;
(vii) from the Metropolitan Clerk (October 16, 1997) forwarding the recommendation of Metropolitan Council that City Council maintain and strengthen existing cycling and pedestrian advisory committee structures;
(viii) from the Metropolitan Clerk (December 23, 1997) forwarding the recommendation of Metropolitan Council that a Telecommunications Committee or Task Force be established;
(ix) from the Metropolitan Clerk (October 16, 1997) forwarding the recommendation of Metropolitan Council that the Special Committee on Transit Accessibility be continued with the same membership;
(x) from the Chief Administrative Officer, Metropolitan Toronto and Region Conservation Authority (MTRCA) (November 21, 1997) forwarding a recommendation of the MTRCA that the new City of Toronto be requested to appoint representatives to the Don Watershed Regeneration Council based on Community Councils that have an interest in the Don Watershed, as early as possible in 1998;
(xi) from Mr. G. Collver, Etobicoke Citizens for Effective Government (January 5, 1998) noting that references to a Healthy City Office and an Office of Environmental Planning and Management were omitted in the Transition Team’s final report and requesting that consideration be given to inserting these references in order to highlight the vital importance of these Offices and to emphasize their significance in integrating strategic policy and planning support to City Council;
(xii) from the President, Local 79, Canadian Union of Public Employees (January 5, 1998) submitting comments on the final report of the Toronto Transition Team;
(xiii) from the City Clerk (January 5, 1998) forwarding comments received from Members of Council regarding the draft procedural by-law; and
(xiv) from the Assistant City Clerk, City of Toronto (December 30, 1997) forwarding, for consideration by the new City Council, a report dated August 29, 1997, from the Commissioner of Urban Development Services, embodied in Clause No. 5 of Report No. 8 of the Economic Development Committee, headed "Submission to the Transition Team on Economic Development in the New City of Toronto".
(F) In accordance with the foregoing motions adopted by Council in Section (A) above, the following motions were referred to the Corporate Services Committee:
(a) Moved by Councillor Adams:
‘That Council adopt the following recommendation:
"It is recommended that the Special Committee be requested to consider the provision of assistance to Councillors’ offices in the event of extended disability or sickness of office staff and other related matters, including severance allowances."’
(b) Moved by Councillor Flint:
‘That Part (2) of the following motion by Councillor Moscoe be amended to provide that the salary paid to Members of Council be no higher than $79,500.00 and that this sum not include any tax-free component; and, further that if Provincial legislation precludes this, then the sum be lowered accordingly.’
(c) Moved by Councillor Jones:
‘That Council adopt the following recommendation:
"It is recommended that no additional honoraria or stipends be provided for Members of Council who are appointed to act either as Chairs or Members of Agencies, Boards and Commissions." ’
(d) Moved by Councillor Minnan-Wong:
‘That Council adopt the following recommendation:
"It is recommended that, in the event City Council cannot achieve a zero percent tax increase, Members of Council receive a penalty of ten percent in their own salaries."’
(e) Moved by Councillor Moscoe:
"That Council adopt the following recommendations:
‘It is recommended that:
(1) the question of the fourth assistant (clerical) for Members of Council be referred to the Special Committee recommended by the Mayor for further consideration;
(2) Recommendation 11 of the final report of the Toronto Transition Team be adopted, and further that the question of salaries for Members of Council be reviewed by the Corporate Services Committee at its first meeting, with the premise that the salaries be pegged at the average salary of a Member of the Provincial legislature (including the work on Committees but excluding the salaries of Cabinet Ministers); and
(3) in addition, the Corporate Services Committee be requested to review the personal expense allowances of Members of the Ontario Legislature, in order to establish a reasonable expense allowance for Members of Council."; and
(f) Moved by Councillor Davis:
"That City Council appoint a Blue Ribbon Panel of six ratepayers, representing each of the former Area Municipalities, the membership of which shall be determined by the Corporate Services Committee, and that the sole responsibility of the Panel be to make recommendations to Council, through the Corporate Services Committee, regarding remuneration for the Mayor and Members of Council."
City Clerk
R.Walton/dcm
Encls.
Sent to: Office of the Mayor
Members of Council
Minister of Municipal Affairs and Housing
Chair, Toronto Transition Team
Chief Administrative Officer
Chief Financial Officer & Treasurer
City Clerk
Community Councils
Board of Health for the City of Toronto
Corporate Services Committee
Urban Environment and Development Committee
Implementation Task Force Members
Functional Lead for Legal Services
Agencies, Boards and Commissions
c. Secretariat Interim Contacts
