August 30, 1999

To:North York Community Council

From:Joe Halstead, Commissioner Economic Development Culture and Tourism

Subject:Licence Agreement - Microcell Connexions Inc. and Clearnet PCS Inc. - Telecommunications Equipment - Leslie Street Water Tower - Ward 11 Don Parkway

Purpose:

The purpose of this report is to provide information as to the status of a motion from the July 15, 1999 meeting of the North York Community Council concerning Clearnet PCS Inc and Microcell Connexions Inc. location on the Leslie Street Water Tower site.

Recommendation:

It is recommended that this report be received for information.

Comment:

As a result of the directive from North York Community Council, staff from the Economic Development Division have entered into discussions with Clearnet PCS Inc. and Microcell Connexions Inc. regarding their monitoring equipment at the Leslie Street Water Tower. In order to further these discussions, it will be necessary to obtain from these companies additional technical data. Therefore, a report on this matter will be forthcoming at the October meeting of the North York Community Council.

Contact Name:

Paul Sandiford,

395-7404

    Joe Halstead

Commissioner Economic Development, Culture and Tourism

CITY CLERK

  Clause embodied in Report No. 7 of the North York Community Council, as adopted by the Council of the City of Toronto at its meeting held on July 27, 28, and 29, 1999.

 30

Other Items Considered by the Community Council

(City Council on July 27, 28 and 29, 1999, received this Clause, for information.)

(h)License Agreement - Microcell Connexions Inc. and Clearnet PCS Inc. - Telecommunication Equipment - Leslie Street Water Tower - Don Parkway.

The North York Community Council reports having deferred consideration of the following Resolution by Councillor Minnan-Wong, Don Parkway, to its next meeting scheduled for September 14, 1999:

The North York Community Council also reports, for the information of Council, having requested Clearnet PCS Inc. and Microcell Connexions Inc. to voluntarily relocate their antennae and monitoring equipment presently located on the Leslie Street Water Tower site; and having requested the appropriate City officials to assist them in finding an alternate location, preferably in an industrial area.

The North York Community Council submits the following Resolution by Councillor Minnan-Wong, Don Parkway:

WHEREAS the former Council of the Municipality of Metropolitan Toronto at its meeting held on August 13 and 14, adopted Clause 30 and 40 embodied in Report No. 19 of the Corporate Administration Committee, and in doing so, entered into a licensing agreement with Microcell Connexions Inc. and Clearnet PCS Inc. for the installation of antennas and monitoring equipment on the Leslie Street Water Tower; and

WHEREAS the former Metro Council and Metro Works failed to inform or consult with the local residents potentially affected by antennas and monitoring equipment on the neighbouring Leslie Street Water Tower prior to the signing of the agreement with Microcell and Clearnet; and

WHEREAS residents are concerned about the effect of cellular transmissions on their health and the effect of the associated visual and acoustic aspects of the telecommunication equipment on their property values; and

WHEREAS the Urban Environment and Development Committee on November 2, 1998 recommended that the Chief Planner, in consultation with the Ministry of Health, be directed to review and report on a policy for the appropriate siting of wireless (cellular) telephone transmission towers and that this policy be based on the idea of "prudent avoidance", stating the City of Toronto should adopt such a policy, and should have a rule that wireless telephone transmission towers should be located outside residential neighbourhoods and at least 200 meters from schools and day care centres.

NOW THEREFORE BE IT RESOLVED THAT the Chief Planner's report, in consultation with the Board of Health, include consideration of the health issues related to cellular transmission equipment; and

BE IT FURTHER RESOLVED THAT the City of Toronto pursue immediate efforts to end the contract signed with Microcell and Clearnet and should dissolution of the contract not be legally possible.

BE IT FURTHER RESOLVED THAT the City of Toronto exercise its rights of termination as written in the contracts and direct the Commissioner of Works and Emergency Services to terminate these licenses and restore the property to the satisfaction of the local residents at the earliest time stipulated in the contracts; and

AND BE IT FURTHER RESOLVED THAT Council grant authority to impose a ban on the installation of cellular transmission sites on the Leslie Street Tower.

---------------

The North York Community Council also reports having had before it the following written submissions from:

-Mr. Christopher Beaver, Noe Valley Families; and

-Ms. Julie Fournier.

The following persons appeared before the North York Community Council in connection with the foregoing matter:

-Ms. Gloria McKeegan

-Mr. Bill Reoch, Manager of Real Estate, Microcell Connexions Inc.

-Mr. James Kennedy, Clearnet PCS Inc.

-Mr. Ken Dunsmore, President, Don Mills Residents Inc.

-Mr. William Fulton

-Ms. Dale Sutton

-Mr. Mark Maitman

Recorded Votes:

A recorded vote on the following motions, was as follows:

(1) a motion by Councillor King, Seneca Heights, that:

"consideration of the foregoing matter be deferred until such time as a report from the Acting Commissioner of Urban Planning and Development Services and the Medical Officer of Health is available for consideration by Council; and

(2)a motion by Councillor Chong, Don Parkway, that:

"the appropriate City officials select an independent engineering company to conduct an analysis of the antennae and monitoring equipment on the Leslie Street Water Tower site;

(i)that such analysis include measuring the power density at several locations namely:

(a)the base of the tower;

(b)at various distances in concentric circles from the base (i.e. 20m, 40m, 60m, 80m....); and

(c)at the property lines of the homes nearest to the tower, in a clear and unobstructed sight line to the tower (i.e. not behind a tree or garage); and;

that as a control, the power densities be measured inside a typical home far removed from this or any other cellular telephone antennae; in an average office building and other places, for a comparison basis in order to achieve a household average;

(ii)the cost of this analysis be charged to Clearnet PCS, Inc., and Microcell Connexions Inc.;

(iii)the investigation be completed and the results available for the next meeting of the North York Community Council to be held on September 14, 1999:

(iv)the results of the investigation be widely circulated to all interested parties well in advance of the North York Community Council meeting;"

FOR:Councillors Sgro, Berger, Feldman, Gardner, Chong, King

AGAINST:Councillors Mammoliti, Li Preti, Moscoe, Augimeri, Flint, Filion, Minnan-Wong

ABSENT:Councillor Shiner

Lost

A recorded vote on a motion moved by Councillor Moscoe, North York Spadina, that consideration of the resolution by Councillor Minnan-Wong be deferred to the meeting scheduled for September 14, 1999; and that the North York Community Council request Clearnet PCS Inc. and Microcell Connexions Inc. to voluntarily relocate their antennae and monitoring equipment presently located on the Leslie Street Water Tower site; and the appropriate City officials be requested to assist them in finding an alternate location, preferably in an industrial area, was as follows:

FOR:Councillors Mammoliti, Li Preti, Moscoe, Augimeri, Feldman, Flint, Gardner, Chong, Filion, Minnan-Wong, King

AGAINST:Councillor Berger

ABSENT:Councillor Sgro, Shiner

Carried