September 23, 1999
To:North York Community Council
From:Joe Halstead, Commissioner Economic Development, Culture and Tourism
Subject:License Agreement - MICROCELL CONNEXIONS INC. and CLEARNET PCS
INC. - Telecommunications Equipment - Leslie Street Water Tower Don Parkway 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. The motion 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 directed City
Officials to assist them in finding a new location, preferably in an industrial area.
Funding Sources, Financial Implications and Impact Statement:
The license agreements from each of the two installations generates revenue of approximately $53,000.00 net for the initial
five year term ($106,000.00 net for both installations).
Recommendations:
It is recommended that:
- The City honour its contractual obligation to both Clearnet Inc. and Microcell Connexions Inc. with respect to their
installations or proposed installations on the Leslie Street Water Tower.
- The City inform Clearnet Inc. and Microcell Connexions Inc. that pending the outcome of the Planning and Public
Health report to the Steering Committee on Telecommunications, license agreements may not be renewed beyond the
initial five year term.
- Clearnet Inc. be requested to continue to monitor the RF density at the base of the Leslie Street Water Tower prior to
and after installing equipment on the tower.
- Clearnet Inc. work closely with City staff and local residents to ensure aesthetic, noise or other issues are addressed to
the satisfaction of the City and the residents.
Council Reference/Background/History:
As a result of the directive from North York Community Council, staff from the Economic Development Division entered
into discussions with Clearnet PCS Inc. and Microcell Connexions Inc. to investigate alternatives for voluntarily relocating
their antennae and monitoring equipment from the Leslie Street Water Tower. Clearnet and Microcell have provided
information clarifying the Leslie Street Water Tower location compared to other alternatives. Refer to correspondence from
Microcell and Clearnet (Appendix B, C and D respectively).
It is important to point out that Clearnet and Microcell both have signed agreements (Appendix A) with the City which
were negotiated with the former Municipality of Metropolitan Toronto and passed by the Metropolitan Council at its
meeting of August 13 and 14, 1997. However, at this time only Microcell Connexions has installed equipment on the
tower.
An area of concern that has been identified is the long-term health effects of radio waves. While the area is still being
studied, the Royal Society of Canada, on behalf of Health Canada, has concluded that the weight of evidence available
today does not suggest that RF can cause cancer or reproductive effects in humans. It has also stated that the exposures to
RF fields currently emitted from telecommunication base transmitters are sufficiently low that biological or adverse health
effects are not anticipated. Safety Code 6 standards developed by Health Canada, set out the limits to RF exposure that are
considered safe. Telecommunication devices that are installed in Canada must meet the requirements of this Code. RF
power density at the base of the Leslie Street tower is expected to be many times below that which is set out in Safety Code
6. A study of these levels is currently underway, however, results were unavailable at the writing of this report.
Furthermore, relocating installations from the Leslie Street tower does not mitigate the perceived health risk, it simply
moves it to a new, and likely, two new locations. Toronto Planning and Toronto Public Health are currently preparing a
report to the Steering Committee on Telecommunications addressing the issue of RF exposures. The report is expected
before the end of 1999.
Comments and/or Discussion and/or Justification:
The telecommunications industry and the infrastructure that supports it are crucial to the economic well-being of the City
of Toronto. The installation at the Leslie Street Water Tower is a part of this important infrastructure providing an ideal
site both technically and aesthetically for cellular coverage in the surrounding residential and business community.
Alternatives to the water tower site have been investigated by staff with the conclusion being that to provide adequate,
albeit inferior, coverage to the area, two new cellular towers would have to be constructed.
As indicated in the correspondence from Microcell (Appendix B), the Dual Site Solution would require two new 120 feet
high monopoles to be constructed in industrial areas. One such installation would be located to the south of the water tower
in the area north of Eglinton Avenue and east of Leslie Street adjacent to Barber Greene Road. The other installation would
be located to the north of the water tower in the area south of York Mills Road and east of Leslie Street adjacent to Upjohn
Road. From a technical standpoint, the dual site solution is not considered acceptable as it does not provide the necessary
coverage. From an aesthetic standpoint, the dual site solution is not ideal as it adds two additional 120 foot towers to the
landscape. These towers would be visible to neighbouring residential communities, particularly the tower proposed for the
Barber Greene Road area.
Utilizing existing structures, such as the water tower, minimizes the propagation of cellular communication towers. In this
instance, the water tower completely satisfies the technical requirements of two cellular carriers without the need to erect
additional towers in other neighbourhoods. It should also be emphasized that Microcell has gone to great lengths and
expense to satisfy the concerns both of the City and local residents with respect to aesthetics and noise issues. Microcell
has plans for further improvements that are awaiting approval from the City. It would be expected that Clearnet would also
work closely with the City and local residents to ensure that aesthetic or other issues are addressed.
Conclusions:
There are currently no compelling arguments for Clearnet or Microcell to voluntarily relocate or to be required to relocate
their installations or proposed installations from the Leslie Street Water Tower:
- The Leslie Street Water Tower provides an ideal site both technically and aesthetically for Clearnet and Microcell.
- An agreement, negotiated with the City in good faith, is already in place.
- The agreement generates revenue of approximately $53,000.00 for each installation for each five year team.
- Alternative sites have been considered with the conclusion being that at least two new sites would have to be built to
provide adequate, albeit inferior, coverage.
- RF waves are well within the limits considered safe according to standards set out by Health Canada in Safety Code 6.
Therefore, it is recommended that the City honour its contractual obligations to both Clearnet and Microcell with respect to
their existing or proposed installations on the Leslie Street Water Tower. Further, Clearnet and Microcell should be made
aware that if the findings of Planning and Public Health's report conclude that RF levels at the base of structures such as
the Leslie Street Water Tower are unsafe, license agreements which are currently in place may not be renewed at the end of
the current five year term. Finally, that Clearnet be requested to continue to monitor the RF density at the base of the tower
both prior to and after installing equipment on the Tower.
Contact Names:
Paul Sandiford
Tel: 395-7404
Bruce Graham
Tel: 392-3381
Brenda Librecz
Tel: 392-4700
Joe Halstead
Commissioner Economic Development, Culture and Tourism
ECO-99-52
CITY CLERK
Clause embodied in Report No. 8 of the North York Community Council, to be considered by the
Council of the City of Toronto at its meeting to be held on September 28, 29, and 30, 1999.
24
(d)License Agreement - Microcell Connexions Inc. and Clearnet PCS Inc. - Telecommunications Equipment -
Leslie Street Water Tower - Don Parkway.
The North York Community Council reports having deferred consideration of the following report to its next
meeting scheduled for October 12, 1999:
(August 30, 1999) from the Commissioner of Economic Development, Culture and Tourism, providing information as to
the status of the discussions with Clearnet PCS Inc. and Microcell Connexions regarding the relocation of their monitoring
equipment at the Leslie Street Water Tower to an alternate location, as requested by the North York Community Council at
its meeting held on July 15, 1999, and recommending that the report be received for information.
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
