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City of Toronto Council and Committees |
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All Council and Committee documents are available from the City of Toronto Clerk's office. Please e-mail clerk@toronto.ca.
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Appendix A
MINUTES OF THE COUNCIL
OF THE
CITY OF TORONTO
TUESDAY, OCTOBER 26, 1999 AND
WEDNESDAY, OCTOBER 27, 1999
City Council met in the Council Chamber, City Hall, Toronto.
CALL TO ORDER
12.1 Mayor Lastman took the Chair and called the Members to order.
The meeting opened with O Canada.
12.2 CONFIRMATION OF MINUTES
Councillor King, seconded by Councillor Lindsay Luby, moved that the Minutes of the
Special Council meeting held on the 31st day of August, 1999; the regular Council meeting
held on the 28th and 29th days of September, 1999, and the Special Council meeting held on
the 5th day of October, 1999, be confirmed in the form supplied to the Members, which
carried.
PETITIONS AND ENQUIRIES
12.3 Councillor Altobello filed with the City Clerk, a copy of a petition containing
1,367 signatures of concerned residents, regarding the Senior Men s Hostel at
1673 Kingston Road, for consideration with Notice of Motion I.
Council received the aforementioned petition.
PRESENTATION OF REPORTS
12.4 Councillor Pantalone presented the following Reports for consideration by Council:
Report No. 8 of The Policy and Finance Committee,
Report No. 5 of The Planning and Transportation Committee,
Report No. 4 of The Works Committee,
Report No. 6 of The Administration Committee,
Report No. 4 of The Community Services Committee,
Report No. 4 of The Economic Development and Parks Committee,
Report No. 9 of The North York Community Council,
Report No. 12 of The Scarborough Community Council,
Report No. 13 of The Toronto Community Council,
Report No. 10 of The York Community Council,
Report No. 11 of The East York Community Council,
Report No. 12 of The Etobicoke Community Council,
Report No. 6 of The Audit Committee,
Report No. 8 of The Board of Health, and
Report No. 11 of The Striking Committee,
and moved, seconded by Councillor Walker, that Council now give consideration to such
Reports, which carried.
12.5 DECLARATIONS OF INTEREST
Councillor Adams declared his interest in Clause No. 14 of Report No. 13 of The Toronto
Community Council, headed Tree Injury - 7 Gange Avenue (Downtown) , and in Notice of
Motion J(23), moved by Councillor Rae, seconded by Councillor Jakobek, regarding the
re-opening of Clause No. 1 of Report No. 12 of The Toronto Community Council, headed
Ontario Municipal Board Appeal - Committee of Adjustment Decision - 7 Gange Avenue , in
that he owns property within the Committee of Adjustment notice area of the subject site.
Councillor Ashton declared his interest in Clauses Nos. 3 and 4 of Report No. 8 of The
Policy and Finance Committee, headed Response to the Provincial Operational Review of
Toronto s Implementation of Ontario Works and Child Care Fee Subsidy Programs and
Learning, Earning and Parenting (LEAP) , respectively, in that his daughter is registered
in a non-profit child care centre.
Councillor Augimeri declared her interest in Clause No. 3 of Report No. 6 of The
Administration Committee, headed Review and Harmonization of Environmentally Responsible
Procurement , in that her husband is a shareholder in a company that deals with
environmentally-responsible goods.
Councillor Disero declared her interest in Clause No. 4 of Report No. 6 of The
Administration Committee, headed 1171 St. Clair Avenue West and 1345 St. Clair Avenue
West, Appeal of Interim Control By-law 1997-0321, Ontario Municipal Board , in that she
has a legal interest in this matter.
Councillor Fotinos declared his interest in Clause No. 61 of Report No. 13 of The Toronto
Community Council, headed Establishment of a Student Pick-up/Drop-off Zone - Poplar
Plains Road, East Side, From Lynwood Avenue to Clarendon Avenue (Midtown) , in that his
children attend the subject school.
Councillor Gardner declared his interest in Clause No. 8 of Report No. 8 of The Policy and
Finance Committee, headed Veterans Clubhouses and Legion Halls - Property Tax Rebates
Under Section 442.1 of the Municipal Act , in that he is a member of the Queen s Own
Rifles Officers Association, which is an affiliate of the subject properties; and in Item
(l), entitled Preliminary Evaluation Report - Zoning Amendment Application UDZ-99-19 and
Site Plan Application UDSP-99-085 - Del Real Estate Consultants - 12 McKee Avenue,
33 Doris Avenue and 21 Church Avenue - North York Centre , embodied in Clause No. 17 of
Report No. 9 of The North York Community Council, headed Other Items Considered by the
Community Council , in that he is a member of a Board of Directors of a private company
and another member of that Board of Directors is involved in the ownership of property
that is involved with this application.
Councillor Jakobek declared his interest in Notice of Motion J(21), moved by Councillor
Moeser, seconded by Councillor King, respecting a site plan control application with
respect to 34 Morrish Road, in that his father-in-law owns property within the area of 34
Morrish Road.
Councillor Johnston declared her interest in Notice of Motion J(4), moved by Councillor
Miller, seconded by Councillor King, regarding the health of the rivers of the Greater
Toronto Area and of the Oak Ridges Moraine, in that she owns property on the Oak Ridges
Moraine.
Councillor Korwin-Kuczynski declared his interest in Clause No. 6 of Report No. 12 of The
Etobicoke Community Council, headed Final Settlement, Park Lawn Cemetery, 2801 Bloor
Street West (Lakeshore-Queensway) , in that he owns property within Park Lawn Cemetery.
Mayor Lastman declared his interest in Item (h), entitled Area Specific Development
Charges , embodied in Clause No. 19 of Report No. 8 of The Policy and Finance Committee,
headed Other Items Considered by the Committee , in that the Applicant s solicitor is
employed by the same law firm as his son who is not a real estate lawyer and does not
personally act on this file.
Councillor Pantalone declared his interest in Clause No. 3 of Report No. 8 of The Policy
and Finance Committee, headed Response to the Provincial Operational Review of Toronto s
Implementation of Ontario Works and Child Care Fee Subsidy Programs , and in Item (a),
entitled Response to the Provincial Operational Review of Toronto s Implementation of
Ontario Works and Child Care Fee Subsidy Programs , embodied in Clause No. 12 of Report
No. 4 of The Community Services Committee, headed Other Items Considered by the
Committee , in that one of his children is registered in a day care centre which has a
purchase of service agreement with the City of Toronto.
CONSIDERATION OF REPORTS
CLAUSES RELEASED OR HELD FOR FURTHER CONSIDERATION
12.6 The following Clauses were held by Council for further consideration:
Report No. 8 of The Policy and Finance Committee, Clauses Nos. 1, 2, 5, 6, 7, 8, 9, 10,
11, 13, 14, 16, 17 and 19.
Report No. 5 of The Planning and Transportation Committee, Clauses Nos. 2, 3 and 4.
Report No. 4 of The Works Committee, Clauses Nos. 1, 5, 6, 7, 9, 10, 12, 13, 16, 21, 22,
28, 29 and 30.
Report No. 6 of The Administration Committee, Clauses Nos. 1, 3 and 4.
Report No. 4 of The Community Services Committee, Clauses Nos. 2, 4 and 5.
Report No. 4 of The Economic Development and Parks Committee, Clause No. 1.
Report No. 9 of The North York Community Council, Clauses Nos. 13 and 16.
Report No. 13 of The Toronto Community Council, Clauses Nos. 5, 6, 7, 13, 14, 16, 31, 35,
48, 60 and 61.
Report No. 10 of The York Community Council, Clauses Nos. 4 and 8.
Report No. 11 of The East York Community Council, Clause No. 2.
Report No. 12 of The Etobicoke Community Council, Clause No. 5.
Report No. 6 of The Audit Committee, Clauses Nos. 1, 3 and 4.
Report No. 11 of The Striking Committee, Clause No. 1.
The following Clauses which were held by Council for further consideration were
subsequently adopted without amendment or further discussion:
Report No. 8 of The Policy and Finance Committee, Clauses Nos. 5 and 17.
Report No. 5 of The Planning and Transportation Committee, Clauses Nos. 3 and 4.
Report No. 4 of The Works Committee, Clauses Nos. 5, 7, 16, 21 and 30.
Report No. 6 of The Administration Committee, Clause No. 3.
Report No. 6 of The Audit Committee, Clause No. 1.
The Clauses not held by Council for further consideration were deemed to have been adopted
by Council, without amendment, in accordance with the provisions of the Council Procedural
By-law.
CONSIDERATION OF REPORTS
CLAUSES WITH MOTIONS, VOTES, ETC.
12.7 Clause No. 16 of Report No. 13 of The Toronto Community Council, headed Installation of
Speed Humps - Kennedy Avenue, from Bloor Street West to Morningside Avenue (High Park) .
Motion:
Councillor Miller moved that the Clause be amended in accordance with the report dated
October 25, 1999, from the Commissioner of Works and Emergency Services, embodying the
following recommendations:
(1) That the Draft By-law contained in Clause No. 16 of Report No. 13 of The
Toronto Community Council be amended to replace the reference under Column
6, Drawing No./Date with the following:
421F-5497, dated October, 1999 ; and
(2) That the Draft By-law, as amended, be approved.
Votes:
The motion by Councillor Miller carried.
The Clause, as amended, carried.
12.8 Clause No. 31 of Report No. 13 of The Toronto Community Council, headed Maintenance of
Fences - 348 Bartlett Avenue North (Davenport) .
Motion:
Councillor Disero moved that the Clause be amended by adding thereto the following:
It is further recommended that the report dated October 22, 1999, from the
Commissioner of Works and Emergency Services, embodying the following
recommendation, be adopted:
It is recommended that City Council approve driveway widening fronting
344 Bartlett Avenue North, subject to the owner submitting an application
for driveway widening and paying all applicable fees, in accordance with
the requirements of Chapter 248 of the former City of Toronto Municipal Code.
Votes:
The motion by Councillor Disero carried.
The Clause, as amended, carried.
12.9 Clause No. 8 of Report No. 10 of The York Community Council, headed Other Items
Considered by the Community Council .
Motion:
Councillor Nunziata moved that the Clause be received as information, subject to:
(1) striking out and referring Item (r), entitled Poll Results: Proposal to Change
Direction of Traffic on the Municipal Lane Between Nickle Street and Mahoney
Avenue from Two-Way to One-Way Southbound, Ward 27, York Humber , embodied
therein, back to the York Community Council for further consideration; and
(2) adding thereto the following:
Notwithstanding subsection 127(5) of the Council Procedural By-law, it is
recommended that the action of the York Community Council embodied in Item (f),
entitled Application for Liquor Licence - Madeira Cafe, 1671 Keele Street, Ward
27, York Humber , be rescinded, and that City Council adopt the following
recommendations:
It is recommended that:
(1) City Council advise the Alcohol and Gaming Commission that it does
not object to the issuance of a liquor licence to the Madeira Cafe
at 1671 Keele Street, Ward 27, York Humber, having regard that:
(a) the School Trustee for the area has no objection to the
issuance of the liquor licence;
(b) the Manager of Traffic, Building and Zoning, has confirmed
that the site conforms to the former City of York Parking
By-law; and
(c) the applicant has acknowledged that the following conditions
shall apply to this licence and shall be binding on the
current and future owners:
(i) no dance floor;
(ii) no video, arcade, gambling machines or game tables
(foosball or air hockey) allowed on the premises;
(iii) no live music; and
(iv) no liquor sales after 11:00 p.m.; and
(2) the departmental comments outlined in the report dated
September 14, 1999, from the City Clerk, pertaining to this
application, be forwarded to the Alcohol and Gaming Commission.
Votes:
Part (1) of the motion by Councillor Nunziata carried.
Adoption of Part (2) of the motion by Councillor Nunziata, insofar as it pertains to
waiving the provisions the Council Procedural By-law to consider Item (f):
Yes - 36
Councillors: Adams, Altobello, Ashton, Augimeri, Balkissoon,
Berardinetti, Brown, Bussin, Chong, Chow, Duguid, Flint,
Gardner, Holyday, Jakobek, Johnston, Kinahan, King,
Korwin-Kuczynski, Layton, Lindsay Luby, Mahood, McConnell,
Moscoe, Nunziata, O Brien, Ootes, Pantalone, Prue, Shaw,
Shiner, Silva, Sinclair, Soknacki, Tzekas, Walker
No - 4
Councillors: Berger, Giansante, Rae, Saundercook
Carried, more than two-thirds of Members present having voted in the affirmative.
The balance of Part (2) of the motion by Councillor Nunziata carried.
The Clause, as amended, was received as information.
12.10 Clause No. 4 of Report No. 10 of The York Community Council, headed Change In Regulations
on Scott Road at Cameron Avenue, Ward 27, York Humber .
Motion:
Councillor Saundercook moved that the Clause be amended by adding thereto the following:
It is further recommended that the report dated October 14, 1999, from the
Commissioner of Works and Emergency Services, be received.
Votes:
The motion by Councillor Saundercook carried.
The Clause, as amended, carried.
12.11 Clause No. 2 of Report No. 11 of The East York Community Council, headed Esandar Drive -
Prohibition of Parking on the East Side from Industrial Street to a Point 36.6 Metres
South .
Motion:
Councillor Pitfield moved that the Clause be amended by deleting the words Esander Drive
wherever they occur in the Clause and inserting in lieu thereof the words Esandar Drive .
Votes:
The motion by Councillor Pitfield carried.
The Clause, as amended, carried.
Deputy Mayor Ootes in the Chair.
12.12 Clause No. 2 of Report No. 8 of The Policy and Finance Committee, headed School Planning -
City-Wide .
Motions:
(a) Councillor McConnell moved that the Clause be amended by adding thereto the
following:
It is further recommended that the following motion be adopted:
WHEREAS the proposed school closures by the Toronto District School Board
(TDSB) will cost the City 27 acres of open space, between 300 and 1,000
child care spaces, 4,000 hours of recreation programs serving
10,000 children, past capital investments of $6,000,000.00 and $2.4 million
in future capital costs for day care; and
WHEREAS the TDSB is moving forward with the closing of schools; and
WHEREAS there are steps the City can take to protect our interests without
committing funds;
NOW THEREFORE BE IT RESOLVED THAT the City work with the TDSB to review the
implementation options developed by the Community Implementation Teams to
ensure that the impacts on the City and the community from the closures are
identified and that the affected Council Members receive full notification
at all steps in the process;
AND BE FURTHER IT RESOLVED THAT the City enter into discussion to ensure
that the TDSB immediately provides existing child care spaces with leases
to remain in closed facilities until the 2000/2001 year;
AND BE IT FURTHER RESOLVED THAT the TDSB and the City, in consultation with
local communities, develop protocols for the reuse of school sites, by
exploring opportunities to meet mutual service objectives such as daycare,
giving existing service providers first option to lease the space,
preserving access to the open space currently provided by school yards, and
ensuring the ultimate use is compatible with the surrounding community and
the users remaining on the site;
AND BE IT FURTHER RESOLVED THAT the City develop a response to the TDSB
proposal call which identifies current City interests such as loss of
programming and the resulting cost of alternate service provision, and that
this response be forwarded to the appropriate Committee;
AND BE IT FURTHER RESOLVED THAT these principles and protocols be reviewed
by both the City and the TDSB by the spring of 2000;
AND BE IT FURTHER RESOLVED THAT staff be directed and authorized to give
effect to the foregoing, reporting to the appropriate Standing Committee
where financial policy considerations arise.
(b) Councillor Johnston moved that the Clause be amended by adding thereto the
following:
It is further recommended that:
(1) the City Solicitor be requested to submit a report to Council for its
meeting to be held on November 23, 1999, through the School Tax Sub-
Committee and the Policy and Finance Committee, on the possibility of an
injunction to prevent the School Boards from making final decisions, in
view of the considerable sums of money invested by the City in schools in
the City of Toronto; and
(2) the Acting Commissioner of Corporate Services be requested to submit a
report to Council, through the School Tax Sub-Committee and the Policy and
Finance Committee, outlining a communications strategy in this regard.
(c) Councillor King moved that the Clause be amended by adding thereto the following:
It is further recommended that the School Tax Sub-Committee be requested to
identify those communities where school closings have been announced by both the
public and separate School Boards and review the issue of such school closings in
these areas.
Votes:
Adoption of motion (a) by Councillor McConnell:
Yes - 43
Mayor: Lastman
Councillors: Adams, Altobello, Ashton, Augimeri, Balkissoon,
Berardinetti, Bossons, Brown, Chong, Chow, Davis, Disero,
Duguid, Feldman, Flint, Gardner, Giansante, Holyday,
Johnston, Jones, Kinahan, King, Layton, Li Preti,
Lindsay Luby, Mahood, Mammoliti, McConnell, Mihevc, Miller,
Moeser, Moscoe, Nunziata, O Brien, Ootes, Pantalone,
Pitfield, Rae, Sinclair, Soknacki, Tzekas, Walker
No - 0
Carried, without dissent.
Motion (b) by Councillor Johnston carried.
Motion (c) by Councillor King carried.
The Clause, as amended, carried.
12.13 Clause No. 8 of Report No. 8 of The Policy and Finance Committee, headed Veterans
Clubhouses and Legion Halls - Property Tax Rebates Under Section 442.1 of the Municipal
Act .
Motions:
(a) Councillor Jones moved that the Clause be amended by adding to Recommendation No.
(4) of the Assessment and Tax Policy Task Force, embodied in the communication
dated September 24, 1999, from the City Clerk, the words and further that they
provide a current copy of their Multi-Cultural Race Relations Policy , so that
such recommendation shall now read as follows:
(4) each veterans organization receiving a property tax rebate provide
annually to the City by September 1 each year, organizational,
operational and financial information in a form satisfactory to the
Chief Financial Officer and Treasurer and further that they provide
a current copy of their Multi-Cultural Race Relations Policy; .
(b) Councillor Nunziata moved that the Clause be amended by adding thereto the
following:
It is further recommended that the Chief Financial Officer and Treasurer be
requested to submit a report to the Policy and Finance Committee on a grandfather
clause for Veterans Clubhouses that have commercial signs on their buildings,
exempting those Clubhouses that have filed applications for at least a year.
(c) Councillor Prue moved that the Clause be amended by:
(1) deleting from the recommendation of the Policy and Finance Committee, all
of the words after the words City Clerk , so that such recommendation
shall now read as follows:
The Policy and Finance Committee recommends the adoption of the
recommendations of the Assessment and Tax Policy Task Force
embodied in the following communication (September 24, 1999) from
the City Clerk: ; and
(2) adding to the recommendations of the Assessment and Tax Policy Task Force,
embodied in the communication dated September 24, 1999, from the City
Clerk, the following new Recommendation No. (8):
(8) the Chief Financial Officer and Treasurer be requested to work with
individual legion halls which have existing contractual agreements,
with a view to phasing them out.
Votes:
Motion (a) by Councillor Jones carried.
Part (1) of motion (c) by Councillor Prue carried.
Part (2) of motion (c) by Councillor Prue carried.
Having regard to the foregoing decisions of Council, motion (b) by Councillor Nunziata was
declared redundant.
The Clause, as amended, carried.
12.14 Clause No. 6 of Report No. 8 of The Policy and Finance Committee, headed Water
Harmonization and Universal Metering in the Former Cities of Toronto and Etobicoke .
Motion:
(a) Councillor Bussin moved that the Clause be struck out and referred back to the
Works Committee for further consideration.
Vote on referral motion:
Adoption of motion (a) by Councillor Bussin:
Yes - 19
Councillors: Altobello, Augimeri, Bussin, Chong, Chow, Fotinos, Gardner,
Holyday, Kinahan, Korwin-Kuczynski, Layton, McConnell,
Miller, Nunziata, Pantalone, Pitfield, Prue, Silva, Walker
No - 25
Councillors: Ashton, Balkissoon, Berardinetti, Berger, Bossons, Brown,
Disero, Duguid, Feldman, Flint, Giansante, Jones, Li Preti,
Lindsay Luby, Mihevc, Minnan-Wong, Moeser, Moscoe, Ootes,
Rae, Saundercook, Shaw, Sinclair, Soknacki, Tzekas
Lost by a majority of 6.
Motions:
(b) Councillor Ashton moved that the Clause be amended by adding to Recommendation No.
(4) embodied in the joint report dated June 30, 1999, from the Commissioner of
Works and Emergency Services and the Chief Financial Officer and Treasurer, as
amended by the Works Committee, the words subject to the approval of the Capital
Works Program , so that such recommendation shall now read as follows:
(4) Council redirect the provision of $21.0 million contained in the
1999-2003 Capital Works Plan of the Water and Wastewater Program respecting
Universal Metering to providing funding to the City s water efficiency
programs, and that the Commissioner of Works and Emergency Services report
to the Works Committee in the fall of 1999 on a Water Efficiency Plan for
the new City and the use of these funds, subject to the approval of the
Capital Works Program; .
(c) Councillor Miller moved that the Clause be amended by deleting Recommendation No.
(2)(i) embodied in the joint report dated June 30, 1999, from the Commissioner of
Works and Emergency Services and the Chief Financial Officer and Treasurer, as
amended by the Works Committee, viz.:
(2) with respect to funding the Mandatory Meter Conversion Program:
(i) the rate decrease that would be realized by former City of
Toronto s metered customers under the phased-in competitive
rate structure be deferred for a period of three and
one-half years, and effective April 1, 2003, the harmonized
competitive rate structure be applied for metered customers
in the former City of Toronto; .
Votes:
Adoption of motion (c) by Councillor Miller:
Yes - 14
Councillors: Adams, Bossons, Bussin, Chow, Korwin-Kuczynski, McConnell,
Mihevc, Miller, Pantalone, Prue, Rae, Silva, Tzekas, Walker
No - 35
Councillors: Altobello, Ashton, Augimeri, Balkissoon, Berardinetti,
Berger, Brown, Chong, Davis, Disero, Feldman, Flint,
Fotinos, Giansante, Holyday, Jakobek, Jones, Kinahan, King,
Layton, Li Preti, Lindsay Luby, Mahood, Mammoliti,
Minnan-Wong, Moeser, Moscoe, Nunziata, O Brien, Ootes,
Saundercook, Shaw, Shiner, Sinclair, Soknacki
Lost by a majority of 21.
Motion (b) by Councillor Ashton carried.
Adoption of Clause, as amended:
Yes - 34
Councillors: Altobello, Ashton, Augimeri, Balkissoon, Berardinetti,
Berger, Bossons, Brown, Chong, Davis, Feldman, Flint,
Giansante, Holyday, Jakobek, Jones, Kinahan, King, Li Preti,
Lindsay Luby, Mahood, Mammoliti, Mihevc, Minnan-Wong,
Moeser, Moscoe, O Brien, Ootes, Saundercook, Shaw, Shiner,
Sinclair, Soknacki, Tzekas
No - 15
Councillors: Adams, Bussin, Chow, Disero, Fotinos, Korwin-Kuczynski,
Layton, McConnell, Miller, Nunziata, Pantalone, Prue, Rae,
Silva, Walker
Carried by a majority of 19.
12.15 Clause No. 10 of Report No. 8 of The Policy and Finance Committee, headed Property Tax
Relief for Low-Income Disabled Persons - Criteria and Program Enhancement .
Motion:
Councillor Kinahan moved that the Clause be amended by amending Recommendation No. (2) of
the Assessment and Tax Policy Task Force by:
(a) inserting, after the words deferral of , the words and figure up to $600.00 of ;
and
(b) adding thereto the words which was to be retroactive to 1998 ,
so that such recommendation shall now read as follows:
(2) the Mayor be requested to write to the Premier of Ontario requesting the
provincial government to expedite the special legislation requested by the
City respecting deferral of up to $600.00 of property tax for low income
persons and seniors which was to be retroactive to 1998.
Votes:
The motion by Councillor Kinahan carried.
The Clause, as amended, carried.
12.16 Clause No. 11 of Report No. 8 of The Policy and Finance Committee, headed Association of
Municipalities of Ontario - Gas Franchise Defence Fund .
Motion:
Councillor Adams moved that the Clause be amended by adding thereto the following:
It is further recommended that the recommendations of the Telecommunications
Steering Committee embodied in the communication dated October 25, 1999, from the
City Clerk, be adopted, subject to amending Recommendations Nos. (2) and (4) by
inserting after the word counsel the words and technical consultants , so that
such recommendations shall now read as follows:
The Telecommunications Steering Committee recommended to City Council
that:
(1) the grant to the Association of Municipalities of Ontario (AMO) Gas
Franchise Defence Fund be conditional on the City of Toronto having
a representative on AMO s Gas Franchise Committee;
(2) the City Solicitor be granted the authority to engage outside legal
counsel and technical consultants, if necessary, to supplement
internal expertise in the areas of natural gas distribution, making
submissions to the Ontario Energy Board and rights-of-way issues;
(3) if necessary, the City Solicitor be authorized to go to court to
ensure that the City of Toronto has a fair opportunity to
participate in relevant Ontario Energy Board proceedings; and
(4) any necessary funds for the purpose of the City Solicitor engaging
external legal counsel or technical consultants for these
activities be provided from the Corporate Contingency Account.
Votes:
The motion by Councillor Adams carried.
The Clause, as amended, carried.
12.17 Clause No. 13 of Report No. 8 of The Policy and Finance Committee, headed 1999 Levy on
Railway Roadways or Rights-of-Way and on Power Utility Transmission or Distribution
Corridors .
Motions:
(a) Councillor Moscoe moved that the Clause be amended by adding thereto the
following:
It is further recommended that:
(1) the phrase not including land leased by the railway company to another
person for rent or other valuable consideration , as embodied in the first
paragraph of the draft Bill, be referred to the City Solicitor for report
thereon to the Policy and Finance Committee, through the Telecommunications
Steering Committee, such report to include a review of the extent to which
this policy applies to land leased by the Railways to telecommunications
companies; and
(2) the Chief Financial Officer and Treasurer be requested to undertake a
review of all lands currently being severed by the Railways through
Committees of Adjustment, to ensure that such lands are appropriately taxed
in a timely manner.
(b) Councillor Miller moved that the Clause be amended by adding thereto the
following:
It is further recommended that the Chief Planner be requested to submit a report
to the Planning and Transportation Committee, in consultation with the Chief
Financial Officer and Treasurer and the appropriate staff of GO Transit, with
respect to the possibility of negotiating tax relief with the Railways in exchange
for the transfer of rights-of-way that the Railways intend to abandon.
Votes:
Motion (a) by Councillor Moscoe carried.
Motion (b) by Councillor Miller carried.
The Clause, as amended, carried.
12.18 Clause No. 14 of Report No. 8 of The Policy and Finance Committee, headed 2000 Operating
Budget - Proposed Process and Schedule and Revised 2000 Capital Budget Schedule .
Motion:
Councillor Miller moved that the Clause be amended by adding thereto the following:
It is further recommended that the Chief Financial Officer and Treasurer be
directed to notify all Members of Council of any late items or reports which were
presented to the Budget Advisory Committee and were not circulated as part of any
agenda or supplementary agenda, and to ensure that any such late items or reports
are circulated, even if after the meeting.
Votes:
The motion by Councillor Miller carried.
The Clause, as amended, carried.
12.19 Clause No. 16 of Report No. 8 of The Policy and Finance Committee, headed Fees Charged
for Police Reference Checks .
Motions:
(a) Councillor Gardner moved that the Clause be received.
(b) Councillor Davis moved that the Clause be amended by inserting in the
recommendation of the Policy and Finance Committee, after the word charged , the
words to incorporated and non-incorporated non-profit groups , so that such
recommendation shall now read as follows:
The Policy and Finance Committee recommends that the Toronto
Police Services Board be advised that Council in the adoption of
its 1999 Operating Budget, clearly requested the Board to waive the
fees charged to incorporated and non-incorporated non-profit groups
for Police Reference Checks; and that the Board be requested to
carry out Council s request.
Votes:
Adoption of motion (a) by Councillor Gardner:
Yes - 5
Councillors: Altobello, Ashton, Flint, Gardner, Sinclair
No - 34
Councillors: Adams, Balkissoon, Berardinetti, Bossons, Brown, Bussin,
Chong, Chow, Davis, Disero, Duguid, Feldman, Fotinos,
Giansante, Holyday, Johnston, Jones, King, Layton,
Lindsay Luby, Mahood, McConnell, Mihevc, Miller, Moscoe,
Nunziata, O Brien, Ootes, Pitfield, Prue, Rae, Shaw, Shiner,
Soknacki
Lost by a majority of 29.
Adoption of motion (b) by Councillor Davis:
Yes - 37
Councillors: Adams, Ashton, Balkissoon, Berardinetti, Bossons, Brown,
Bussin, Chong, Chow, Davis, Disero, Duguid, Feldman, Flint,
Fotinos, Giansante, Holyday, Johnston, Jones, King, Layton,
Lindsay Luby, Mahood, McConnell, Mihevc, Miller, Moscoe,
Nunziata, O Brien, Ootes, Pitfield, Prue, Rae, Shaw, Shiner,
Sinclair, Soknacki
No - 2
Councillors: Altobello, Gardner
Carried by a majority of 35.
The Clause, as amended, carried.
12.20 Clause No. 13 of Report No. 9 of The North York Community Council, headed Final Report -
Zoning By-law Amendment UDZ-99-08 and Site Plan Application UDSP-99-027 - Cassels Brock
and Blackwell - 267 Finch Avenue East - North York Centre .
Motion:
Councillor Flint moved that the Clause be amended by adding thereto the following:
It is further recommended that the confidential report dated October 14, 1999,
from the City Solicitor, be adopted, such report to remain confidential in
accordance with the provisions of the Municipal Act, save and except the following
recommendation embodied therein:
It is recommended that the condition respecting the purchase of the
adjacent property at 276 Estelle Avenue be amended so as to request the
developer to demonstrate that he has made a fair market value offer to
purchase the property.
Votes:
The motion by Councillor Flint carried.
The Clause, as amended, carried.
12.21 Clause No. 19 of Report No. 8 of The Policy and Finance Committee, headed Other Items
Considered by the Committee .
Motions:
(a) Councillor Miller moved that the Clause be received as information, subject to:
(1) striking out and referring Item (a), entitled Cost Estimate for a Cost
Benefit Analysis of Internal vs. External Legal Services , embodied
therein, back to the Policy and Finance Committee for further
consideration; and
(2) striking out and referring Item (h), entitled Area Specific Development
Charges , embodied therein, back to the Policy and Finance Committee for
further consideration.
(b) Councillor Adams moved that the Clause be received as information, subject to
consideration of Item (b), entitled Feasibility of Implementing a Parking Levy on
Private/Public Parking to Support Public Transit and Application of Revenues from
Parking , being deferred until the next meeting in conjunction with Notice of
Motion J(5). (See Minute No. 12.61)
Votes:
Motion (a) by Councillor Miller carried.
Motion (b) by Councillor Adams carried.
The Clause, as amended, was received as information.
12.22 Clause No. 29 of Report No. 4 of The Works Committee, headed Landfill Gas Control
Excellence Gold Award for the Keele Valley Landfill Site .
Motion:
Councillor King moved that the Clause be amended by adding thereto the following:
It is further recommended that City Council officially congratulate the staff of
the Works and Emergency Services Department on this Landfill Gas Control Program.
Votes:
The motion by Councillor King carried.
The Clause, as amended, carried.
12.23 Clause No. 5 of Report No. 12 of The Etobicoke Community Council, headed Moving Forward
in South Etobicoke .
Motion:
Councillor Jones moved that the Clause be amended in accordance with the report dated
October 27, 1999, from the Director of Community Planning, West District, embodying the
following recommendation:
That City Council endorse the amended Terms of Reference for the New Toronto
Secondary Plan and the South Etobicoke Action Plan as contained in
Appendices 1 and 2, respectively.
Votes:
The motion by Councillor Jones carried.
The Clause, as amended, carried.
12.24 Clause No. 12 of Report No. 4 of The Works Committee, headed Sidewalk Snow Clearing .
Motion:
Councillor Pantalone moved that the Clause be amended by adding thereto the following:
It is further recommended that the Commissioner of Works and Emergency Services
be requested to direct staff carrying out mechanical snow clearing not to clear or
salt snow within the tree pit.
Votes:
The motion by Councillor Pantalone carried.
The Clause, as amended, carried.
12.25 Clause No. 1 of Report No. 8 of The Policy and Finance Committee, headed December 31,
1998, Operating Budget Variance Report and June 30, 1999, Operating Budget Variance
Report .
Motions:
(a) Councillor Pitfield moved that the Clause be amended by adding thereto the
following:
It is further recommended that:
(1) the recommendations of the Audit Committee, embodied in the communication
dated October 25, 1999, from the City Clerk, be adopted, viz.:
The Audit Committee recommends that the City Auditor be directed to review
the reconciliation prepared by the Chief Financial Officer and Treasurer
and report to the Audit Committee on the following items:
(a) the reconciliation between the City s audited statements for 1998
and the 1998 year-end variance report in relation to the reporting
of the gross expenditures and revenues by each program, and the
closing balances of all reserve accounts;
(b) an assessment of financial transactions recorded, if any, for the
year of 1998, in the City of Toronto s Financial Information System
(TFIS) or any of the legacy systems, subsequent to the signing of
the City s audited statements for 1998; and
(c) a review of expenditures incurred in 1998 and recorded in any of
the City of Toronto s Financial Systems, but not assigned to any
specific program listed in the December 1998 variance report
(i.e. expenditures charged to suspense accounts ). ; and
(2) the recommendations of the Audit Committee, embodied in the further
communication dated October 25, 1999, from the City Clerk, be adopted,
viz.:
The Audit Committee recommends that the City Auditor be directed to report
to the Audit Committee at its meeting to be held on December 13, 1999, on
the following items:
(a) the manner in which Funds Control was exercised in the City of
Toronto during 1998;
(b) whether proper Council authorization was obtained in relation to
the over spending incurred in 1998, and, if not, whether that
resulted in an infraction of any City By-law or provincial
legislation; and
(c) the manner and reliability of Funds Control exercised in the City
during 1999 and whether programs are able to over spend in 1999
without prior Council authorization.
(b) Councillor Chow moved that the Clause be amended by adding thereto the following:
It is further recommended that the City Solicitor be requested to submit a report
to the Mayor s Committee on the Port Lands, for report thereon to the Policy and
Finance Committee in December 1999, on the legality of terminating payment to the
Toronto Harbour Commission until such time as the Chief Financial Officer and
Treasurer and City Auditor are able to obtain the necessary information in order
to:
(1) approve the 1999 Operating Budget of the Toronto Harbour Commission; and
(2) determine the over-expenditure of the Toronto Harbour Commission s
Operating Budget.
(c) Councillor Jakobek moved that the Clause be amended by adding thereto the
following:
It is further recommended that the Mayor s Committee on the Port Lands be
requested to bring forward an updated report on disentanglement to the next
meeting of the Policy and Finance Committee.
Votes:
Motion (a) by Councillor Pitfield carried.
Motion (b) by Councillor Chow carried.
Motion (c) by Councillor Jakobek carried.
The Clause, as amended, carried.
12.26 Clause No. 2 of Report No. 5 of The Planning and Transportation Committee, headed
Staffing Resources, Urban Planning and Development Services, Municipal Licensing and
Standards Division, Common Area Apartment Re-Inspection Program .
Motions:
(a) Councillor Shiner moved that the Clause be amended by striking out the
recommendations of the Planning and Transportation Committee and inserting in lieu
thereof the following:
It is recommended that Recommendations Nos. (1) and (2) embodied in the report
dated September 16, 1999, from the Acting Commissioner of Urban Planning and
Development Services, be adopted.
(b) Councillor Davis moved that the Clause be amended by adding thereto the following:
It is further recommended that:
(1) any licencing program include a requirement that such licences be posted in
a common area in all multi-residential buildings; and
(2) the Acting Commissioner of Urban Planning and Development Services be
requested to:
(a) submit a report to the Planning and Transportation Committee, on a
quarterly basis, on the number of multi-residential properties that
are licensed relative to the number of such properties that exist
in the City of Toronto; and
(b) submit an annual report to the Planning and Transportation
Committee on the issue of enforcement.
(c) Councillor Bossons moved that the Clause be amended by adding thereto the
following:
It is further recommended that the Acting Commissioner of Urban Planning and
Development Services be requested to submit a report to the Planning and
Transportation Committee on sanctions that can now be imposed on non-compliant
owners under the current Municipal Act; on the sanctions that would be desirable,
but cannot now be imposed, due to the restrictions of the Municipal Act; and on
what amendments to the Municipal Act would, therefore, be desirable.
Ruling by Deputy Mayor:
Councillor Minnan-Wong requested the Deputy Mayor to rule on whether the Clause was
properly before Council.
Deputy Mayor Ootes, having regard to the nature of the recommendations of the Planning and
Transportation Committee embodied therein, ruled that the Clause was properly before
Council.
Votes:
Adoption of motion (a) by Councillor Shiner:
Yes - 12
Mayor: Lastman
Councillors: Ashton, Berardinetti, Brown, Chong, Feldman, Giansante,
Holyday, King, Minnan-Wong, Ootes, Shiner
No - 31
Councillors: Adams, Augimeri, Berger, Bossons, Chow, Davis, Duguid,
Filion, Flint, Fotinos, Jakobek, Johnston, Jones, Kinahan,
Korwin-Kuczynski, Layton, Lindsay Luby, Mammoliti,
McConnell, Miller, Moscoe, Nunziata, O Brien, Pantalone,
Pitfield, Prue, Rae, Saundercook, Sinclair, Soknacki, Walker
Lost by a majority of 19.
Adoption of Part (1) of motion (b) by Councillor Davis:
Yes - 38
Mayor: Lastman
Councillors: Adams, Ashton, Augimeri, Berardinetti, Berger, Chong, Chow,
Davis, Duguid, Filion, Flint, Fotinos, Jakobek, Johnston,
Jones, Kinahan, King, Korwin-Kuczynski, Layton, Lindsay
Luby, Mammoliti, McConnell, Mihevc, Miller, Minnan-Wong,
Moscoe, Nunziata, O Brien, Ootes, Pantalone, Pitfield, Prue,
Rae, Saundercook, Sinclair, Soknacki, Walker
No - 6
Councillors: Bossons, Brown, Feldman, Giansante, Holyday, Shiner
Carried by a majority of 32.
Adoption of Part (2) of motion (b) by Councillor Davis:
Yes - 43
Mayor: Lastman
Councillors: Adams, Ashton, Augimeri, Berardinetti, Berger, Bossons,
Brown, Bussin, Chong, Chow, Davis, Duguid, Feldman, Filion,
Fotinos, Giansante, Jakobek, Johnston, Jones, Kinahan, King,
Korwin-Kuczynski, Layton, Lindsay Luby, Mammoliti,
McConnell, Mihevc, Miller, Minnan-Wong, Moscoe, Nunziata,
O Brien, Ootes, Pantalone, Pitfield, Prue, Rae, Saundercook,
Shiner, Sinclair, Soknacki, Walker
No - 2
Councillors: Flint, Holyday
Carried by a majority of 41.
Motion (c) by Councillor Bossons carried.
Adoption of Clause, as amended:
Yes - 35
Councillors: Adams, Augimeri, Berardinetti, Berger, Bossons, Brown,
Bussin, Chow, Davis, Filion, Flint, Fotinos, Jakobek,
Johnston, Jones, Kinahan, Korwin-Kuczynski, Layton, Lindsay
Luby, Mammoliti, McConnell, Mihevc, Miller, Minnan-Wong,
Moscoe, Nunziata, O Brien, Pantalone, Pitfield, Prue, Rae,
Saundercook, Sinclair, Soknacki, Walker
No - 10
Mayor: Lastman
Councillors: Ashton, Chong, Duguid, Feldman, Giansante, Holyday, King,
Ootes, Shiner
Carried by a majority of 25.
12.27 Clause No. 1 of Report No. 4 of The Economic Development and Parks Committee, headed Tree
Advocacy Planting Program - All Wards .
Motion:
Councillor Moscoe moved that the Clause be amended by adding thereto the following:
It is further recommended that:
(1) the tree advocacy planting program include a review of the species and
varieties of trees that can be planted;
(2) the City make provision for the introduction in some areas, particularly in
suburban areas, of species of trees that will mature to full size in
selected locations, particularly City parks, i.e. stately varieties; and
(3) the Commissioner of Economic Development, Culture and Tourism be requested
to submit a report to the Economic Development and Parks Committee on the
possibility of introducing or re-introducing such native species as oaks,
chestnuts, elms and other similar varieties.
Vote:
Adoption of motion by Councillor Moscoe and Clause, as amended:
Yes - 34
Mayor: Lastman
Councillors: Adams, Augimeri, Berardinetti, Berger, Bossons, Brown,
Bussin, Chong, Duguid, Filion, Fotinos, Giansante, Holyday,
Jakobek, Johnston, Jones, Kinahan, Korwin-Kuczynski, Layton,
Lindsay Luby, Miller, Moscoe, Nunziata, O Brien, Ootes,
Pantalone, Pitfield, Rae, Saundercook, Shiner, Sinclair,
Soknacki, Walker
No - 0
Carried, without dissent.
12.28 Clause No. 1 of Report No. 4 of The Works Committee, headed Approval Process for the
Siting of Waterfront Windmills .
Motions:
(a) Councillor Jones moved that the Clause be amended by:
(1) adding to Recommendation No. B(6) of the Works Committee, the words such
report to include parkland/open space , so that such recommendation shall
now read as follows:
(6) the question of not siting the windmills on lands zoned G, GR or
GM, be referred to the Commissioner of Works and Emergency Services
for a report back to the Committee when dealing with the specific
siting, such report to include parkland/open space; ; and
(2) adding thereto the following:
It is further recommended that the City Solicitor be requested to submit a
report to the Works Committee on any legal liability that the City of
Toronto may have with respect to the joint venture between TREC, Toronto
Hydro and the City.
(b) Councillor Bossons moved that the Clause be amended by deleting from
Recommendation No. B(7) of the Works Committee, the words Wychwood yards on
Christie Street , so that such recommendation shall now read as follows:
(7) notwithstanding Recommendation No. (6), TREC, in consultation with Works
and Emergency Services Department staff, be requested to examine the
following locations and report back to the Committee on these sites as part
of the site selection process:
- 43 Junction Road;
- south embankment of Earlscourt Park;
- 115 Wiltshire Boulevard and northern property;
- 640 Lansdowne Avenue; and
- Union Street north of Turnberry; .
(c) Councillor Layton moved that the Clause be amended by amending Recommendation No.
B(4) of the Works Committee to read as follows:
(4) Toronto Hydro and TREC, in consultation with the Commissioner of Works and
Emergency Services, be requested to report back to the Works Committee for
its meeting of December 1, 1999, if possible, on at least one preferred
site in the City of Toronto where windmills could be located, and report
within three months, on other potential sites throughout the City of
Toronto where windmills can be located, with specific attention to the
former stockyards and rail corridors, brown field sites, Hydro corridors
and other potentially suitable sites.
(d) Mayor Lastman moved that the Clause be amended by adding thereto the following:
It is further recommended that if the final recommendation is for the windmills
to be located on land owned or leased by the City, such land be provided at market
value.
Votes:
Motion (c) by Councillor Layton carried.
Part (1) of motion (a) by Councillor Jones carried.
Motion (b) by Councillor Bossons carried.
Part (2) of motion (a) by Councillor Jones carried.
Motion (d) by Mayor Lastman carried.
Adoption of Clause, as amended:
Yes - 32
Mayor: Lastman
Councillors: Adams, Altobello, Augimeri, Berger, Brown, Bussin, Chow,
Duguid, Filion, Fotinos, Giansante, Holyday, Jones, Kinahan,
King, Korwin-Kuczynski, Layton, Lindsay Luby, McConnell,
Mihevc, Nunziata, O Brien, Pantalone, Pitfield, Prue, Rae,
Saundercook, Shiner, Sinclair, Soknacki, Walker
No - 2
Councillors: Bossons, Ootes
Carried by a majority of 30.
12.29 Clause No. 6 of Report No. 4 of The Works Committee, headed Request for Proposals for the
Procurement of Program Integration and Co-ordination Services for Phase 2 of the Works
Best Practices Program and Award of Contract .
Motions:
(a) Councillor Shiner moved that:
(1) the Clause be struck out and referred back to the Works Committee for
further consideration at its next meeting to be held on November 3, 1999;
and
(2) Council adopt the following recommendation:
It is recommended that, in view of the significant contract cost of
$14.5 million for program integration and co-ordination services related to
Phase 2 of the Works Best Practices Program, the Commissioner of Works and
Emergency Services, in consultation with the Chief Financial Officer and
Treasurer and the City Auditor, be requested to review the work plan,
deliverables, person hours and hourly rates pertaining to these services,
with a view to significantly reducing the total contract cost and
increasing the level of City staff involvement, and submit a report to the
next meeting of the Works Committee to be held on November 3, 1999, on a
revised contract cost.
Vote on referral motion:
Adoption of motion (a) by Councillor Shiner:
Yes - 17
Mayor: Lastman
Councillors: Ashton, Augimeri, Brown, Chow, Filion, Flint, Layton,
Mahood, McConnell, Mihevc, Miller, Minnan-Wong, Moscoe,
Pantalone, Shiner, Soknacki
No - 20
Councillors: Adams, Balkissoon, Berger, Bossons, Davis, Duguid,
Giansante, Jakobek, Kinahan, King, Korwin-Kuczynski,
Nunziata, O Brien, Ootes, Pitfield, Rae, Saundercook, Shaw,
Sinclair, Walker
Lost by a majority of 3.
Motion:
(b) Councillor Jakobek moved that the Clause be amended by adding thereto the
following:
It is further recommended that:
(1) the consultants be utilized in such a way that the City s reliance on their
services be reduced over time;
(2) the primary objective, long term, be to train and develop a City management
team in the Works and Emergency Services Department with practices needed
for the new Millennium; and
(3) the consultants be involved in the review of any senior management
recruitment within the Works and Emergency Services Department for
reassignments.
Votes:
Adoption of motion (b) by Councillor Jakobek:
Yes - 36
Mayor: Lastman
Councillors: Altobello, Ashton, Augimeri, Balkissoon, Berger, Bossons,
Brown, Chow, Davis, Duguid, Feldman, Flint, Giansante,
Holyday, Jakobek, Johnston, Kinahan, King, Korwin-Kuczynski,
Lindsay Luby, Mahood, McConnell, Mihevc, Miller, Moscoe,
O Brien, Ootes, Pantalone, Pitfield, Rae, Saundercook, Shaw,
Sinclair, Soknacki, Walker
No - 1
Councillor: Shiner
Carried by a majority of 35.
Adoption of Clause, as amended:
Yes - 32
Mayor: Lastman
Councillors: Altobello, Ashton, Balkissoon, Berger, Bossons, Brown, Chow,
Davis, Duguid, Feldman, Flint, Giansante, Holyday, Jakobek,
Johnston, Kinahan, King, Korwin-Kuczynski, Lindsay Luby,
Mahood, Mihevc, O Brien, Ootes, Pantalone, Pitfield, Rae,
Saundercook, Shaw, Sinclair, Soknacki, Walker
No - 5
Councillors: Augimeri, McConnell, Miller, Moscoe, Shiner
Carried by a majority of 27.
12.30 Clause No. 9 of Report No. 4 of The Works Committee, headed Prince Edward Viaduct -
Measures to Deter Suicide Attempts .
Motion:
Councillor King moved that the Clause be struck out and referred back to the Works
Committee for further consideration at its next meeting to be held on November 3, 1999.
Vote:
The motion by Councillor King carried.
12.31 Clause No. 10 of Report No. 4 of The Works Committee, headed Review of Sub-Committees,
Special Committees and Task Forces .
Motion:
Councillor Miller moved that the Clause be struck out and referred back to the Works
Committee for further consideration, insofar as it pertains to the Storm Water Group, and
Council further direct that a meeting of the Storm Water Group be held to determine
whether the Group needs to continue or can be disbanded.
Vote:
Adoption of motion by Councillor Miller:
Yes - 24
Councillors: Adams, Ashton, Augimeri, Berger, Brown, Chow, Flint,
Fotinos, Jakobek, Johnston, Jones, Kinahan, King,
Korwin-Kuczynski, Layton, McConnell, Mihevc, Miller, Moscoe,
Nunziata, Pantalone, Prue, Shiner, Walker
No - 18
Mayor: Lastman
Councillors: Altobello, Balkissoon, Berardinetti, Bossons, Duguid,
Feldman, Giansante, Holyday, Lindsay Luby, Mahood, O Brien,
Ootes, Rae, Saundercook, Shaw, Sinclair, Soknacki
Carried by a majority of 6.
12.32 Clause No. 16 of Report No. 9 of The North York Community Council, headed Road Closing
Publication - Wilson Heights Boulevard and Sheppard Avenue West - Northeast Corner - North
York Spadina .
Motion:
Councillor Moscoe moved that the Clause be amended by striking out the Resolution by
Councillor Moscoe embodied therein and inserting in lieu thereof the following new
Resolution:
Moved by: Councillor Moscoe
Seconded by: Councillor Feldman
WHEREAS the City has declared the lands located at the northeast corner of Wilson
Heights Boulevard and Sheppard Avenue West as surplus; and
WHEREAS the City, therefore, agrees to proceed to close the road in accordance
with Section 297 of the Municipal Act; and
WHEREAS pursuant to the Municipal Act, Council directs the Legal department to
immediately publish notice of the City s intent at least once a week for four
successive weeks in the appropriate publication; and
WHEREAS a settlement has been achieved between the residents of Cocksfield Avenue,
Torbel Developments (126175 Ontario Limited), and the City for a seven and
five-storey mixed-use building and five single family houses fronting onto
Cocksfield Avenue at the Ontario Municipal Board on Friday, October 8, 1999;
NOW THEREFORE BE IT RESOLVED THAT Council direct the publication noted above be
effected forthwith, and that Council authorize City officials to prepare the
appropriate by-laws and site plan agreements to implement the OMB settlement.
Votes:
The motion by Councillor Moscoe carried.
The Clause, as amended, carried.
12.33 Clause No. 7 of Report No. 13 of The Toronto Community Council, headed Draft Zoning By-
law - 720 to 724 Kingston Road and 35R Lyall Avenue (East Toronto) .
Motion:
Councillor Rae moved that the Clause be amended:
(1) in accordance with the report dated October 26, 1999, from the Commissioner of
Economic Development, Culture and Tourism, embodying the following recommendation:
It is recommended that, if City Council approves the Zoning By-law
Amendment for the subject properties, such approval be conditional on Tree
Preservation Plan A1C dated October 22, 1999, received by Forestry Services
on October 25, 1999, being red-lined and approved by the City Forester. ;
and
(2) by adding thereto the following:
It is further recommended that:
(a) notwithstanding the requirements of Chapter 146-16, whereas the above
properties are subject to Chapter 146-16-C of the Municipal Code, and
demolition permits 99-104703, 99-104708 and 99-104715 have been applied for
by Mr. William Moskaltk of 11346343 Ontario Inc., and the applicant is not
proposing to erect new buildings on the land the above properties occupy,
and whereas the buildings present a community safety risk, be it resolved
that, providing no objections are received by the end of the day November
5, 1999, the Acting Commissioner of Urban Planning and Development Services
shall issue the demolition permit; and
(b) the applicant be requested to make a financial contribution of $1,500.00
for tree removal to the Maple Cottage restoration fund.
Votes:
The motion by Councillor Rae carried.
The Clause, as amended, carried.
Councillors Bussin and Jakobek requested that their opposition to this Clause be noted in
the Minutes of this meeting.
12.34 Clause No. 9 of Report No. 8 of The Policy and Finance Committee, headed Fair Tax Policy
for Ethno-Cultural Centres and Similar Organizations .
Motions:
(a) Councillor Adams moved that the Clause be amended by adding to the recommendation
of the Policy and Finance Committee, the words through the Assessment and Tax
Policy Task Force , so that such recommendation shall now read as follows:
The Policy and Finance Committee recommends the adoption of the recommendation of
the Assessment and Tax Policy Task Force embodied in the following communication
(September 24, 1999) from the City Clerk; and, further, that the Chief Financial
Officer and Treasurer be requested to submit an annual report in regard thereto to
the Policy and Finance Committee, through the Assessment and Tax Policy Task
Force: .
(b) Councillor Moscoe moved that the Clause be amended by adding thereto the
following:
It is further recommended that the Chief Financial Officer and Treasurer be
requested to submit a report to the Assessment and Tax Policy Task Force on the
feasibility of including settlement houses in this program, including the
University Settlement House, St. Stephen s House and the North York Community
House, and further that these organizations be considered to have met the December
31, 1999 deadline.
(c) Councillor Mammoliti moved that motion (b) by Councillor Moscoe be amended to
include the offices of elected officials, if possible, e.g. Councillors
Constituency offices.
(d) Councillor McConnell moved that the Clause be amended by adding thereto the
following:
It is further recommended that the following motion be referred to the Chief
Financial Officer and Treasurer:
WHEREAS the Tamil Eelam Society had received the approval of Council for
tax relief through the previously existing process for status; and
WHEREAS the current policy includes funding for accommodating Tax Rebate
Status for the Tamil Eelam Society, with no effect on the cost of the
program; and
WHEREAS the current criteria includes a clause that unnecessarily excludes
the Tamil Eelam Society, despite their having met the criteria under the
old process under which the City had supported them;
NOW THEREFORE BE IT RESOLVED THAT the Eligibility Criteria set out in
Appendix A embodied in the report dated September 15, 1999, from the
Chief Financial Officer and Treasurer, be amended by adding to the first
criterion, the words or has previously received the support of the Council
of one or more of the former municipalities for Private Legislation to
provide for property tax relief. , so that it reads as follows:
The organization must be a registered charity within the meaning
of the Income Tax Act (Canada) or has previously received the
support of the Council of one or more of the former municipalities
for Private Legislation to provide for property tax relief.
Votes:
Motion (a) by Councillor Adams carried.
Motion (d) by Councillor McConnell carried.
Adoption of motion (c) by Councillor Mammoliti:
Yes - 12
Councillors: Berger, Chow, Flint, Fotinos, Li Preti, Mammoliti, Mihevc,
Miller, Nunziata, Ootes, Pantalone, Silva
No - 26
Councillors: Adams, Altobello, Augimeri, Balkissoon, Berardinetti,
Bossons, Bussin, Chong, Disero, Duguid, Holyday, Jakobek,
King, Korwin-Kuczynski, Layton, Lindsay Luby, Mahood,
Minnan-Wong, Moscoe, O Brien, Pitfield, Prue, Rae,
Saundercook, Shaw, Soknacki
Lost by a majority of 14.
Motion (b) by Councillor Moscoe carried, without amendment.
The Clause, as amended, carried.
12.35 Clause No. 48 of Report No. 13 of The Toronto Community Council, headed Ontario Municipal
Board Appeal - Committee of Adjustment Decision - 507 St. Clements Avenue (North
Toronto) .
Motion:
Councillor Shiner moved that the Clause be amended by adding thereto the following:
It is further recommended that funds for this purpose be drawn from the Legal
Account - Contingency for Appeals.
Votes:
The motion by Councillor Shiner carried.
The Clause, as amended, carried.
12.36 Clause No. 4 of Report No. 6 of The Administration Committee, headed 1171 St. Clair
Avenue West and 1345 St. Clair Avenue West, Appeal of Interim Control By-law
No. 1997-0321, Ontario Municipal Board .
Motion:
Councillor Adams moved that the Clause be amended by adding thereto the following:
It is further recommended that the City Solicitor be requested to submit a report
to the Administration Committee, if and when a settlement is finalized.
Votes:
The motion by Councillor Adams carried.
The Clause, as amended, carried.
12.37 Clause No. 5 of Report No. 4 of The Community Services Committee, headed Release of 1998
Community Services Grant - Friends of Shopping Bag Ladies .
Vote:
The Clause carried, without amendment.
Councillor McConnell requested that her opposition to this Clause be noted in the Minutes
of this meeting.
12.38 Clause No. 60 of Report No. 13 of The Toronto Community Council, headed Implementation of
a One-Hour Maximum Parking Limit - Davenport Road, from Uxbridge Avenue to the First Lane
West (Davenport) .
Motion:
Councillor Giansante moved that the Clause be amended by deleting from Recommendation No.
(1) embodied in the report dated October 7, 1999, from the Director of Transportation
Services, District 1, the word Friday and inserting in lieu thereof the word Saturday ,
so that such recommendation shall now read as follows:
(1) That parking be limited to a maximum duration of one hour from 9:00
a.m. to 6:00 p.m., Monday to Saturday, on both sides of Davenport
Road, between Uxbridge Avenue and the first lane west thereof; .
Votes:
The motion by Councillor Giansante carried.
The Clause, as amended, carried.
12.39 Clause No. 2 of Report No. 4 of The Community Services Committee, headed Request to Enact
the Emergency By-Law to Assist Homeless People .
Motions:
(a) Councillor Layton moved that the Clause be amended by adding thereto the
following:
It is further recommended that the Mayor be requested to invoke the emergency
by-law and thereby enact the emergency plan in order to develop an appropriate
plan of action to immediately address the critical shortfall of emergency
shelter.
(b) Mayor Lastman moved that the Clause be amended by deleting Recommendation No. (3)
of the Community Services Committee, viz.:
(3) if the shelter system is operating above 90 percent by December 1, 1999,
the decision to close the Fort York Armoury be revisited by the Community
Services Committee at its meeting on December 1, 1999.
(c) Councillor Moscoe moved that the Clause be amended by adding thereto the
following:
It is further recommended that the Commissioner of Community and Neighbourhood
Services be requested to submit a report to Council, through the Community
Services Committee, on the feasibility of establishing a temporary homeless
shelter by using heated portables to be located in Queen s Park.
(d) Councillor Chow moved that the Clause be amended by adding thereto the following:
It is further recommended that, having regard that the City has a 97 percent
occupancy rate in shelters for single men and youth, the Commissioner of Community
and Neighbourhood Services be requested to review all municipal buildings,
including those occupied by agencies, boards and commissions, for locations for
emergency shelters and report on the results of the negotiations related thereto
to the next meeting of the Community Services Committee.
(e) Councillor Chong moved that motion (d) by Councillor Chow be amended by adding
thereto the following words:
and further that the Commissioner of Community and Neighbourhood Services be
requested to immediately negotiate with the Interim General Manager, Exhibition
Place, on how to utilize existing empty buildings in Exhibition Place as emergency
shelters and to include the results of such negotiations in the report requested .
(f) Councillor Jakobek moved that the Clause be amended by:
(1) amending Recommendation No. (1) of the Community Services Committee to
provide that Councillor Tom Jakobek also be a member of the team which will
meet with the Hospital Boards; and
(2) adding thereto the following:
It is further recommended that:
(a) City Council express its gratitude to the federal government for
use of the Fort York Armoury as a shelter and appeal to the federal
government to allow the City to continue using the Fort York
Armoury shelter until January 15, 2000, in order to provide
sufficient time to build temporary replacement shelter spaces
immediately, and, in the event the federal government denies the
City s request, the City cease to use the Fort York Armoury as a
shelter as of December 15, 1999; and
(b) the Commissioner of Community and Neighbourhood Services be
requested to expedite her research and report on alternative forms
of shelter services to the Community Services Committee as soon as
possible.
(g) Councillor Pantalone moved that motion (d) by Councillor Chow be amended by adding
thereto the following words:
such negotiations and report to also address the feasibility of utilizing the
Guild Inn and any of the Civic Centres as emergency shelters .
Votes:
Adoption of motion (b) by Mayor Lastman:
Yes - 28
Mayor: Lastman
Councillors: Altobello, Ashton, Berardinetti, Brown, Bussin, Chong, Chow,
Duguid, Feldman, Flint, Gardner, Giansante, Holyday,
Johnston, Kinahan, King, Korwin-Kuczynski, Mihevc, O Brien,
Ootes, Prue, Saundercook, Shaw, Shiner, Silva, Sinclair,
Tzekas
No - 10
Councillors: Adams, Augimeri, Jakobek, Jones, Layton, McConnell, Moscoe,
Pantalone, Rae, Walker
Carried by a majority of 18.
Part (1) of motion (f) by Councillor Jakobek carried.
Adoption of motion (a) by Councillor Layton:
Yes - 10
Councillors: Adams, Bussin, Jakobek, Kinahan, Layton, McConnell, Moscoe,
Nunziata, O Brien, Walker
No - 30
Mayor: Lastman
Councillors: Altobello, Ashton, Augimeri, Berardinetti, Brown, Chong,
Chow, Duguid, Feldman, Flint, Gardner, Giansante, Holyday,
Johnston, Jones, King, Korwin-Kuczynski, Lindsay Luby,
Mihevc, Ootes, Pantalone, Prue, Rae, Saundercook, Shaw,
Shiner, Silva, Sinclair, Tzekas
Lost by a majority of 20.
Ruling by Deputy Mayor:
Councillor Jakobek requested that the vote on the components of motion (c) by Councillor
Moscoe pertaining to the heated portables and Queens Park be taken separately.
Deputy Mayor Ootes, having regard to the nature of motion (c) by Councillor Moscoe, ruled
that the vote thereon would not be taken separately but would be taken on the motion in
its entirety, having regard to the intent of such motion.
Councillor Jakobek challenged the ruling of the Deputy Mayor.
Vote to uphold ruling of Deputy Mayor:
Yes - 34
Mayor: Lastman
Councillors: Adams, Altobello, Ashton, Augimeri, Berardinetti, Brown,
Bussin, Chong, Chow, Duguid, Feldman, Flint, Gardner,
Giansante, Holyday, Johnston, Jones, Kinahan, King,
Lindsay Luby, McConnell, Mihevc, Moscoe, Nunziata, O Brien,
Ootes, Pantalone, Prue, Rae, Saundercook, Shiner, Silva,
Sinclair
No - 6
Councillors: Jakobek, Korwin-Kuczynski, Layton, Shaw, Tzekas, Walker
Carried by a majority of 28.
Vote:
Adoption of motion (c) by Councillor Moscoe:
Yes - 18
Councillors: Altobello, Ashton, Augimeri, Bussin, Chow, Johnston, Jones,
Kinahan, Layton, McConnell, Moscoe, Nunziata, Pantalone,
Prue, Shaw, Shiner, Sinclair, Walker
No - 22
Mayor: Lastman
Councillors: Adams, Berardinetti, Brown, Chong, Duguid, Feldman, Flint,
Gardner, Giansante, Holyday, Jakobek, King,
Korwin-Kuczynski, Lindsay Luby, Mihevc, O Brien, Ootes, Rae,
Saundercook, Silva, Tzekas
Lost by a majority of 4.
Adoption of motion (e) by Councillor Chong:
Yes - 27
Councillors: Adams, Ashton, Augimeri, Brown, Chong, Chow, Duguid,
Feldman, Flint, Jakobek, Johnston, Jones, Kinahan, King,
Korwin-Kuczynski, Layton, Lindsay Luby, McConnell, Mihevc,
Moscoe, Nunziata, O Brien, Prue, Rae, Shiner, Sinclair,
Walker
No - 12
Mayor: Lastman
Councillors: Altobello, Berardinetti, Bussin, Gardner, Giansante,
Holyday, Ootes, Pantalone, Shaw, Silva, Tzekas
Carried by a majority of 15.
Adoption of motion (g) by Councillor Pantalone:
Yes - 20
Councillors: Augimeri, Brown, Bussin, Chow, Gardner, Johnston, Jones,
Kinahan, King, Korwin-Kuczynski, Layton, McConnell, Moscoe,
O Brien, Pantalone, Prue, Rae, Silva, Sinclair, Walker
No - 19
Mayor: Lastman
Councillors: Adams, Altobello, Ashton, Berardinetti, Chong, Duguid,
Feldman, Flint, Giansante, Holyday, Jakobek, Lindsay Luby,
Mihevc, Nunziata, Ootes, Shaw, Shiner, Tzekas
Carried by a majority of 1.
Adoption of motion (d) by Councillor Chow, as amended:
Yes - 27
Councillors: Adams, Ashton, Augimeri, Brown, Bussin, Chong, Chow, Duguid,
Feldman, Jakobek, Johnston, Jones, Kinahan, King,
Korwin-Kuczynski, Layton, Lindsay Luby, McConnell, Mihevc,
Moscoe, Nunziata, O Brien, Pantalone, Rae, Shiner, Sinclair,
Tzekas
No - 12
Mayor: Lastman
Councillors: Altobello, Berardinetti, Flint, Gardner, Giansante, Holyday,
Ootes, Prue, Shaw, Silva, Walker
Carried by a majority of 15.
Part (2)(a) of motion (f) by Councillor Jakobek carried.
Part (2)(b) of motion (f) by Councillor Jakobek carried.
The Clause, as amended, carried.
In summary, Council amended this Clause by:
(1) amending Recommendation No. (1) of the Community Services Committee to provide
that Councillor Tom Jakobek also be a member of the team which will meet with the
Hospital Boards;
(2) deleting Recommendation No. (3) of the Community Services Committee, viz.:
(3) if the shelter system is operating above 90 percent by December 1, 1999,
the decision to close the Fort York Armoury be revisited by the Community
Services Committee at its meeting on December 1, 1999. ; and
(3) adding thereto the following:
It is further recommended that:
(a) City Council express its gratitude to the federal government for use of the
Fort York Armoury as a shelter and appeal to the federal government to
allow the City to continue using the Fort York Armoury shelter until
January 15, 2000, in order to provide sufficient time to build temporary
replacement shelter spaces immediately, and, in the event the federal
government denies the City s request, the City cease to use the Fort York
Armoury as a shelter as of December 15, 1999; and
(b) having regard that the City has a 97 percent occupancy rate in shelters for
single men and youth, the Commissioner of Community and Neighbourhood
Services be requested to:
(i) review all municipal buildings, including those occupied by
agencies, boards and commissions, for locations for emergency
shelters and report on the results of the negotiations related
thereto to the next meeting of the Community Services Committee,
such negotiations and report to also address the feasibility of
utilizing the Guild Inn and any of the Civic Centres as emergency
shelters;
(ii) immediately negotiate with the Interim General Manager, Exhibition
Place, on how to utilize existing empty buildings in Exhibition
Place as emergency shelters and include the results of such
negotiations in the report requested in Recommendation No.
(3)(b)(i); and
(iii) expedite her research and report on alternative forms of shelter
services to the Community Services Committee as soon as possible.
12.40 Clause No. 35 of Report No. 13 of The Toronto Community Council, headed Renaming of
Beltline Park - The Kay Gardner Beltline Park (North Toronto) .
Motion:
Councillor Mihevc moved that the Clause be amended to provide that the naming of the
Beltline Park as The Kay Gardner Beltline Park apply to the parkland east of the
Allen Expressway, and that the naming of the park west of the Allen Expressway, once the
park is owned by the City of Toronto, be led by the York Community Council.
Votes:
The motion by Councillor Mihevc carried.
The Clause, as amended, carried.
12.41 Clause No. 3 of Report No. 6 of The Audit Committee, headed 1998 Arena Deficits .
Motion:
Councillor Adams moved that the Clause be amended by striking out and referring
Recommendation No. (2) of the Audit Committee to the City Auditor for consultation with
the arenas and report thereon to the Audit Committee, viz.:
(2) the issue of arena operating budgets be forwarded to the Chief
Administrative Officer for consideration as part of his report on
Agencies, Boards and Commissions, in terms of eliminating
duplication, reducing deficits and increasing revenue.
Votes:
The motion by Councillor Adams carried.
The Clause, as amended, carried.
12.42 Clause No. 6 of Report No. 13 of The Toronto Community Council, headed Draft By-laws -
Official Plan Amendments and Rezoning - 910 Logan Avenue (Don River) .
Motion:
Councillor Layton moved that the Clause be amended by:
(1) adding to Recommendation No. (1) of the Toronto Community Council, the words
subject to amending section 1 of Draft By-law (2) by adding thereto the following
new subsection (8):
(8) for greater certainty, nothing in this by-law or By-law No. 438-86, as
amended, shall prevent the severance of the lot for the purpose of the
individual sale of the dwelling units and for the establishment of certain
portions of the lot as areas to be held in common. ; and
(2) adding thereto the following:
It is further recommended that:
(a) as recommended in the report dated October 22, 1999, from the Commissioner
of Works and Emergency Services, approval of this Clause be subject to the
applicant agreeing to install and maintain signage at the garage exit
indicating No Left Turn ;
(b) the communication dated October 26, 1999, from Mr. Keith Jebodhsingh,
President, Mayfair Development Corporation, be received, and the City Clerk
be requested to include such communication in Appendix A ; and
(c) there be no further notice given of the public meeting requirement of Draft
By-law (2), as amended.
Votes:
The motion by Councillor Layton carried.
The Clause, as amended, carried.
12.43 Clause No. 13 of Report No. 4 of The Works Committee, headed Expansion of the Snow
Emergency Route Network (All Wards) .
Motion:
Councillor Mihevc moved that the Clause be amended by adding thereto the following:
It is further recommended that Schedule A of By-law No. 528-1999, a by-law to
regulate traffic on certain highways during periods of emergency occasioned by the
fall of snow, be amended to include Rogers Road between Oakwood Avenue and Weston
Road.
Votes:
The motion by Councillor Mihevc carried.
The Clause, as amended, carried.
12.44 Clause No. 4 of Report No. 4 of The Community Services Committee, headed Proposed
Framework for the Homelessness Report Card .
Motion:
Councillor Layton moved that the Clause be amended by adding thereto the following:
It is further recommended that the City s Homelessness Report Card be prepared in
consultation with, and co-sponsored by, the Advisory Committee on Homeless and
Socially-Isolated Persons.
Votes:
The motion by Councillor Layton carried.
The Clause, as amended, carried.
12.45 Clause No. 61 of Report No. 13 of The Toronto Community Council, headed Establishment of
a Student Pick-up/Drop-off Zone - Poplar Plains Road, East Side, From Lynwood Avenue to
Clarendon Avenue (Midtown) .
Motion:
Councillor Bossons moved that the Clause be amended by amending Recommendation No. (1) of
the Toronto Community Council to read as follows:
(1) the following report (October 7, 1999) from the Director,
Transportation Services, District 1, be adopted, subject to
Recommendations Nos. (1), (2), (3) and (4) of said report being
amended to exclude the section of Poplar Plains Road between
Balmoral Avenue (East Branch) and Clarendon Avenue (West Branch)
until the question of stop signs at these two intersections has
been resolved for the greater safety of pedestrians on the east
side of Poplar Plains Road; .
Votes:
The motion by Councillor Bossons carried.
The Clause, as amended, carried.
12.46 Clause No. 28 of Report No. 4 of The Works Committee, headed Apartment Recycling Pilot
Project and OMG Media Bin Launch Event .
Having regard that the Clause was submitted without recommendation:
Motion:
Councillor Shiner moved that Council adopt the following recommendation:
It is recommended that City of Toronto politicians and senior officials and
OMG Media officials only, be invited to attend the media launch; and that CSR not
be invited.
Votes:
Adoption of motion by Councillor Shiner:
Yes - 4
Councillors: Flint, Moscoe, Shiner, Walker
No - 32
Mayor: Lastman
Councillors: Adams, Altobello, Augimeri, Berardinetti, Berger, Bossons,
Brown, Chow, Filion, Giansante, Holyday, Jakobek, King,
Layton, Li Preti, Lindsay Luby, Mahood, McConnell, Mihevc,
Miller, Nunziata, O Brien, Ootes, Pantalone, Pitfield, Prue,
Rae, Saundercook, Shaw, Sinclair, Soknacki
Lost by a majority of 28.
The Clause was received for information.
12.47 Clause No. 1 of Report No. 11 of The Striking Committee, headed Appointments to the
Ethics Steering Committee .
Motion:
Councillor Berardinetti moved that the Clause be struck out and referred to the
Administration Committee, with a request that the Committee establish Terms of Reference
for the Ethics Steering Committee.
Vote:
The motion by Councillor Berardinetti carried.
12.48 Clause No. 4 of Report No. 6 of The Audit Committee, headed Toronto Atmospheric Fund .
Motion to re-open:
Councillor Layton, with the permission of Council, moved that, in accordance with
Section 46 of the Council Procedural By-law, this Clause be re-opened for further
consideration, which carried, more than two-thirds of Members present having voted in the
affirmative.
Motion:
Councillor Layton moved that the Clause be amended by adding thereto the following:
It is further recommended that the joint report dated October 25, 1999, from the
City Solicitor and the Chief Financial Officer and Treasurer, be referred to the
Policy and Finance Committee, and the lawyer for the Toronto Atmospheric Fund and
Councillors Rob Davis and Jack Layton be advised when this matter is to be
considered by the Committee.
Votes:
The motion by Councillor Layton carried.
The Clause, as amended, carried.
12.49 Clause No. 13 of Report No. 13 of The Toronto Community Council, headed Inclusion on the
City of Toronto Inventory of Heritage Properties - 262 and 264 St. Clair Avenue West
(Alexander Davidson House and Coach House) (Midtown) .
Having regard that the Clause was submitted without recommendation:
Motions:
(a) Councillor Adams moved that Council adopt the following recommendation:
It is recommended that the report dated September 27, 1999, from the Acting
Managing Director, Toronto Historical Board, be adopted.
(b) Councillor Rae moved that the Clause be received.
Votes:
Adoption of motion (b) by Councillor Rae:
Yes - 15
Councillors: Berardinetti, Berger, Brown, Chong, Chow, Disero, Gardner,
Giansante, Holyday, Lindsay Luby, Minnan-Wong, Ootes,
Pantalone, Rae, Soknacki
No - 22
Mayor: Lastman
Councillors: Adams, Augimeri, Balkissoon, Bossons, Bussin, Filion, Jones,
Korwin-Kuczynski, Layton, Li Preti, Mammoliti, McConnell,
Mihevc, Moscoe, Nunziata, O Brien, Pitfield, Prue, Silva,
Tzekas, Walker
Lost by a majority of 7.
Adoption of motion (a) by Councillor Adams:
Yes - 22
Councillors: Adams, Augimeri, Balkissoon, Bossons, Filion, Jones,
Korwin-Kuczynski, Layton, Li Preti, Mammoliti, McConnell,
Mihevc, Moscoe, Nunziata, O Brien, Pitfield, Prue, Silva,
Sinclair, Soknacki, Tzekas, Walker
No - 15
Mayor: Lastman
Councillors: Berardinetti, Berger, Brown, Chong, Chow, Disero, Gardner,
Giansante, Holyday, Lindsay Luby, Minnan-Wong, Ootes,
Pantalone, Rae
Carried by a majority of 7.
The Clause, as amended, carried.
12.50 Clause No. 14 of Report No. 13 of The Toronto Community Council, headed Tree Injury - 7
Gange Avenue (Midtown) .
Motion:
Councillor Bossons moved that the Clause be amended by striking out the recommendation of
the Toronto Community Council and inserting in lieu thereof the following:
It is recommended that Recommendation No. (1) embodied in the report dated
September 15, 1999, from the Commissioner of Economic Development, Culture and
Tourism, be adopted, viz.:
(1) refuse to issue a permit for tree injury, requiring the applicant
to redesign the proposed development to provide adequate protection
for the trees; .
Votes:
Adoption of motion by Councillor Bossons:
Yes - 6
Councillors: Bossons, Bussin, Kinahan, Prue, Shiner, Walker
No - 30
Mayor: Lastman
Councillors: Augimeri, Berger, Brown, Chong, Chow, Disero, Giansante,
Holyday, Jakobek, Johnston, Jones, King, Layton,
Lindsay Luby, Mammoliti, McConnell, Mihevc, Minnan-Wong,
Moeser, Moscoe, Nunziata, O Brien, Ootes, Pantalone, Rae,
Silva, Sinclair, Soknacki, Tzekas
Lost by a majority of 24.
The Clause carried, without amendment.
12.51 Clause No. 1 of Report No. 6 of The Administration Committee, headed Development and
Positioning of Nathan Phillips Square .
Motion to re-open:
Councillor Minnan-Wong, with the permission of Council, moved that, in accordance with
Section 46 of the Council Procedural By-law, this Clause be re-opened for further
consideration, which carried, more than two-thirds of Members present having voted in the
affirmative.
Motions:
(a) Councillor Minnan-Wong moved that the Clause be amended by deleting Recommendation
No. (2) of the Administration Committee and inserting in lieu thereof the
following:
(2) that Council approve, in principle, the inclusion of a tribute that
recognizes public contributions.
(b) Councillor Bussin moved that the Clause be amended by adding thereto the
following:
It is further recommended that the Acting Commissioner of Corporate Services be
requested to submit a report to the Administration Committee on the feasibility of
using the Request for Proposal process to determine what entities may use Nathan
Phillips Square.
(c) Councillor Moscoe moved that the Clause be amended by:
(1) deleting Recommendation No. (2) of the Administration Committee;
(2) rescinding the action taken by the Administration Committee respecting
Recommendations Nos. (2) and (3) embodied in the report dated September 20,
1999, from the Acting Commissioner of Corporate Services, and referring
such recommendations to the Office Consolidation Sub-Committee; and the
Acting Commissioner of Urban Planning and Development Services be requested
to work with the Office Consolidation Sub-Committee on the development of
City Hall and the City Hall Square complex; and
(3) adding thereto the following:
It is further recommended that a Public Art Policy Committee, comprised of
Councillors Bussin, Chow, Johnston, Moscoe and Prue, and any other
interested Members of Council, be established, and that such Committee
report through the Economic Development and Parks Committee on its terms of
reference.
(d) Councillor Pitfield moved that the Clause be struck out and referred to the Office
Consolidation Sub-Committee for further consideration, together with all motions
moved by Members of Council in this regard.
(e) Councillor Lindsay Luby moved that the Clause be amended by adding thereto the
following:
It is further recommended that the Office Consolidation Sub-Committee be
requested to consider holding a public charette as part of the design process for
Nathan Phillips Square, in order to make the citizens of Toronto feel part of our
newly-amalgamated City.
Vote on referral motion:
Adoption of motion (d) by Councillor Pitfield:
Yes - 33
Councillors: Augimeri, Balkissoon, Berardinetti, Berger, Bossons, Brown,
Bussin, Disero, Duguid, Feldman, Fotinos, Giansante,
Johnston, Kinahan, King, Li Preti, Lindsay Luby, Mahood,
McConnell, Mihevc, Miller, Minnan-Wong, Moeser, Moscoe,
Ootes, Pitfield, Prue, Rae, Saundercook, Shiner, Silva,
Soknacki, Walker
No - 4
Councillors: Holyday, Korwin-Kuczynski, Layton, O Brien
Carried by a majority of 29.
12.52 Clause No. 22 of Report No. 4 of The Works Committee, headed Encroachment, Sanitary
Discharge and Industrial Waste Surcharge Agreements with the Greater Toronto Airports
Authority .
Motion:
Councillor Layton moved that the Clause be amended by adding thereto the following:
It is further recommended that:
(1) the Medical Officer of Health be requested to ensure that the appropriate
monitoring equipment is in place, and monitor reporting procedures are in
place, to ensure that any danger to public health from glycol is
eliminated; and
(2) the Greater Toronto Airports Authority (GTAA), and, in particular, the City
representatives on the GTAA, be requested to pursue the possibilities of
on-site capture and remediation of de-icing chemicals in the reconstruction
of the airport facility.
Votes:
The motion by Councillor Layton carried.
The Clause, as amended, carried.
12.53 Clause No. 5 of Report No. 13 of The Toronto Community Council, headed Draft Zoning By-
law - 266 MacDonell Avenue (High Park) .
Motion to re-open:
Councillor Korwin-Kuczynski, with the permission of Council, moved that, in accordance
with Section 46 of the Council Procedural By-law, this Clause be re-opened for further
consideration, which carried, more than two-thirds of Members present having voted in the
affirmative.
Motion:
Councillor Korwin-Kuczynski moved that the Clause be amended by deleting Recommendation
No. (3)(b) embodied in the report dated September 8, 1999, from the Acting Commissioner of
Urban Planning and Development Services, viz.:
(3) the owner be required to:
(b) secure the approval of CN/CP railways with respect to the proposed
building setback from the railway right-of-way prior to the
issuance of a building permit; .
Votes:
The motion by Councillor Korwin-Kuczynski carried.
The Clause, as amended, carried.
12.54 Clause No. 7 of Report No. 8 of The Policy and Finance Committee, headed Redevelopment of
Car Park 63 Located at 111 and 117 Richmond Street East (Ward 24 - Downtown) .
Action taken by Council:
Council, by its adoption of the following Notice of Motion J(17), and the report dated
October 25, 1999, from the Acting Commissioner of Corporate Services, appended thereto,
deferred consideration of this Clause to the next regular meeting of City Council to be
held on November 23, 1999:
Moved by: Councillor Rae
Seconded by: Councillor Li Preti
WHEREAS City Council at its meeting held on September 28 and 29, 1999,
adopted Clause No. 14 of Report No. 5 of The Administration Committee
headed Declaration as Surplus _ Nos. 111 and 117 Richmond Street East _
Municipal No. 63 , thereby declaring surplus to the City s requirements the
properties known municipally as Nos. 111 and 117 Richmond Street East and
authorizing that notice be given to the public of the intended manner of
sale; and
WHEREAS, in accordance with By-law No. 551-1998, the notice of the proposed
sale was given advising that the City proposes to enter into a joint
venture with the developers of the abutting property respecting the sale of
these lands to reflect the fact that, as part of the compensation for the
lands, the City was to acquire strata title to a portion of the proposed
development containing a 12-space parking facility; and
WHEREAS Clause No. 7 of Report No. 8 of The Policy and Finance Committee,
headed Redevelopment of Car Park 63 Located at 111 and 117 Richmond
Street East, (Ward 24- Downtown) before Council at its meeting of October
26, 1999, recommends the adoption of the report (September 28, 1999) from
the President, Toronto Parking Authority, entitled Redevelopment of Car
Park No. 63 Located at Nos. 111 and 117 Richmond Street East , subject to
amending Recommendation No. (1) and deleting Recommendation No. (2) thereby
recommending that City Council approve an agreement of purchase and sale
with Intracorp Developments (French Quarter II) Ltd. the total value of the
transaction being $440,000.00 in cash and, accordingly, the City will not
be acquiring strata title to a portion of the proposed development
containing a 12-space parking facility; and
WHEREAS the Acting Commissioner of Corporate Services has submitted a
report dated October 25, 1999, entitled Proposed Sale of Nos. 111 and
117 Richmond Street East , advising that, as the recommendation of the
Policy and Finance Committee is inconsistent with the notice to the public
of the proposed sale previously given pursuant to By-law No. 551-1998, it
is necessary that approval be given, at this time, for a revision to the
intended manner of sale; sufficient time allowed for the required notice to
be given; and that Council defer consideration of the aforementioned sale
report for one Council cycle;
NOW THEREFORE BE IT RESOLVED THAT, in accordance with Section 46 of the
Council Procedural By-law, Clause No. 14 of Report No. 5 of The
Administration Committee, headed Declaration as Surplus _ Nos. 111 and
117 Richmond Street East _ Municipal Car Park No. 63 , be re-opened for
further consideration, insofar as it pertains to the notice to the public
of the proposed sale;
AND BE IT FURTHER RESOLVED THAT Council approve the report dated
October 25, 1999, entitled Proposed Sale of Nos. 111 and 117 Richmond
Street East , from the Acting Commissioner of Corporate Services.
Council re-opened consideration of Clause No. 14 of Report No. 5 of The Administration
Committee, headed Declaration as Surplus - Nos. 111 and 117 Richmond Street East _
Municipal Car Park No. 63 , for further consideration, only insofar as it pertains to the
notice to the public of the proposed sale, adopted the balance of the Motion, without
amendment, and, in so doing, adopted, without amendment, the report dated October 25,
1999, from the Acting Commissioner of Corporate Services, embodying the following
recommendations:
It is recommended that:
(1) the approved manner of the sale of Nos. 111 and 117 Richmond Street East be
a direct sale to Intracorp Developments (French Quarter II) Ltd.;
(2) to allow for the required notice to the public of the proposed sale to be
given, consideration of Clause No. 7 of Report No. 8 of The Policy and
Finance Committee be deferred to the Council meeting scheduled for November
23, 24 and 25, 1999;
(3) all steps necessary to comply with By-law No. 551-1998 be taken; and
(4) the appropriate City officials be authorized and directed to take the
necessary action to give effect thereto.
MOTIONS (NOTICE PREVIOUSLY GIVEN) AND NOTICES OF MOTION
12.55 Deputy Mayor Ootes called upon Notice of Motion F appearing on the Order Paper, as
follows:
Moved by: Councillor Moscoe
Seconded by: Councillor Shiner
WHEREAS the North York Harvest Food Bank has provided service to the Community
for almost 13 years; and
WHEREAS the Food Bank is the second largest in Toronto, distributing food to a
network of over 35 agencies in northern Toronto helping to feed 7,000 persons per
month; and
WHEREAS the Food Bank collects, sorts and distributes close to one million pounds
of food per year; and
WHEREAS a change in the situation of their Landlord, TriStone Properties, has
forced them to raise the Food Bank s rent to market value; and
WHEREAS the cost of moving and the disruption to the Food Bank services would be
enormous;
NOW THEREFORE BE IT RESOLVED THAT Council provide a one-time grant from
Contingency, to offset property taxes to the North York Harvest Food Bank, in the
amount of $20,000.00, which would enable them to continue to operate in their
present location, until such time as another location can be found.
Motion:
Councillor Moscoe moved that Motion F be referred to the Commissioner of Community and
Neighbourhood Services for report thereon to the Community Services Committee, through the
Grants Sub-Committee, such report to address other non-profit organizations who are
experiencing similar circumstances.
Vote:
The motion by Councillor Moscoe carried.
12.56 Deputy Mayor Ootes called upon Notice of Motion I appearing on the Order Paper, as
follows:
Moved by: Councillor Altobello
Seconded by: Councillor Ashton
WHEREAS there is a proposal for a senior men s hostel to be located at
1673 Kingston Road, Scarborough, Ontario; and
WHEREAS Hostel Services Staff are authorized to enter into negotiations for the
establishment and development of emergency shelter sites; and
WHEREAS Hostel Services Staff do not have the authority to enter into negotiations
for leases for permanent seniors housing; and
WHEREAS the use of an emergency shelter or a hostel is not a permitted use under
the Zoning By-law for this property; and
WHEREAS our office has been inundated with calls from local residents against this
proposal; and
WHEREAS the community and the Principal from the Birch Cliff Public School located
across the street are concerned about the impact on the safety of the children;
and
WHEREAS there is a Public Meeting scheduled for October 6, 1999, to discuss this
proposal, and staff have advised that they are authorized to proceed with the
lease of 1673 Kingston Road following this public meeting;
NOW THEREFORE BE IT RESOLVED THAT the appropriate staff be directed not to open
the senior men s hostel at 1673 Kingston Road.
Council had before it, during consideration of Motion I, the following:
(i) (October 4, 1999) from Councillor Altobello forwarding a petition signed by
1,367 concerned residents in opposition to the opening of a senior men s hostel at
1673 Kingston Road;
(ii) (September 27, 1999) from Ms. Lisa Birch forwarding a petition signed by
50 concerned residents in opposition to the opening of a senior men s hostel at
1673 Kingston Road;
(iii) (undated) from Renee Chaumast in opposition to the opening of a senior men s
hostel at 1673 Kingston Road;
(iv) (undated) from Mr. Garry Sootheran in opposition to the opening of a senior men s
hostel at 1673 Kingston Road;
(v) an excerpt of By-law No. 8786 pertaining to the Birchcliff Community; and
(vi) a copy of Clause No. 1 of Report No. 1 of The Community Services Committee, headed
Update on Shelter Capacity and Search for New Sites , adopted, as amended, by
City Council at its meeting held on July 6, 7 and 8, 1999.
Motions:
(a) Councillor Duguid moved that, in the event Motion I does not carry, Council adopt
the following Resolution:
BE IT RESOLVED THAT Council support the direction given by staff to the
Shelter Advisory Committee on October 14, 1999, as outlined below:
(1) the Advisory Committee support interim approval for sixty rather
than seventy spaces, to be phased in appropriately over
approximately a three-month period;
(2) profiles of the clients be made available to the proposed Community
Reference Board upon request;
(3) the Commissioner of Community and Neighbourhood Services be
requested to negotiate a written community contract with the
community representatives and local Councillors, including City
obligations and commitments;
(4) the Commissioner of Community and Neighbourhood Services ensure
that the Community Reference Board has access to program
information, financial information, service statistics and physical
premises;
(5) the Commissioner of Community and Neighbourhood Services review the
assessment process to identify potential clients for 1673 Kingston
Road with the Community Reference Board, at the earliest possible
opportunity;
(6) that Council, once again, reiterate its support and insistence that
there be a broader distribution of all shelter services throughout
the City; and
(7) the Commissioner of Community Services be requested to report back
to the Community Services Committee, prior to the end of 1999, on
the overall conditions on Kingston Road with respect to hotel use,
refugees, social housing and other social services uses which
combined are causing difficulties for the community;
AND BE IT FURTHER RESOLVED THAT Council further direct the Commissioner of
Community and Neighbourhood Services to review the operations of the 1673
Kingston Road facility at the end of April 2000, and, after a public
meeting, report back to the Community Services Committee and Council
outlining the impact, if any, that the facility has had on the local
community, along with any recommendations to address those impacts, or
revisit the appropriateness of this site.
(b) Councillor Shiner, seconded by Mayor Lastman, moved that, in the event Motion I
does not carry, Council adopt the following Resolution:
BE IT RESOLVED THAT a Reference Board be established to work with the
staff of the facility, in order to ensure accountability to the Community
and the City;
AND BE IT FURTHER RESOLVED THAT the responsibilities of the Reference Board
be as follows:
(1) to review all program and financial information;
(2) to review security arrangements for the facility;
(3) to review physical requirements and upgrades for the premises;
(4) to review profiles of individuals as they come to the building;
(5) to establish evaluation criteria to be used to evaluate the program
and to participate in a six-month review of the program;
(6) to provide a forum to address any neighbourhood concerns/issues on
an ongoing basis; and
(7) to establish a Community contract , in consultation with hostel
staff and members of the community that will enshrine all
agreements;
AND BE IT FURTHER RESOLVED THAT the membership of the Reference Board be
comprised of local residents, local businesses, police, community
organizations where appropriate, Members of City Council and the Principal
of Birch Cliff Public School, or his/her designate;
AND BE IT FURTHER RESOLVED THAT the Reference Board be co-chaired by a
member of staff and a community representative, selected by the Board.
(c) Councillor Miller moved that motion (b) by Councillor Shiner, seconded by Mayor
Lastman, be amended by adding thereto the following new Operative Paragraph:
AND BE IT FURTHER RESOLVED THAT the Commissioner of Community and
Neighbourhood Services, in conjunction with the Chief Planner, be requested
to develop a model for community mediation based on a simplified and
expedited Parkdale Conflict Resolution process to assist in the future
location of hostels and report thereon to the Community Services
Committee; .
(d) Councillor Layton moved that Part (2) of motion (a) by Councillor Duguid, and
Part (4) of motion (b) by Councillor Shiner, seconded by Mayor Lastman, be
referred to the City Solicitor for report thereon to the Shelter Advisory
Committee.
(e) Councillor Balkissoon moved that Part (6) of motion (a) by Councillor Duguid be
amended by adding thereto the words provided the services needed either are or
will be provided and also in conjunction with due consideration of existing social
housing units within each community .
(f) Councillor Gardner moved that motion (a) by Councillor Duguid be amended by adding
thereto the following new Operative Paragraph:
AND BE IT FURTHER RESOLVED THAT residents to be selected for 1673 Kingston
Road meet the following requirements:
(1) are well known to staff;
(2) have resided at Seaton House for a considerable period of time; and
(3) have achieved stability and are able to carry out the basic
standard of living.
(g) Councillor Chong moved that Part (2) of motion (a) by Councillor Duguid and
Part (4) of motion (b) by Councillor Shiner, seconded by Mayor Lastman, be amended
by adding thereto the words such profiles to meet the requirements of the
Municipal Freedom of Information and Protection of Privacy legislation .
Votes:
Adoption of Motion I:
Yes - 15
Councillors: Altobello, Ashton, Balkissoon, Berardinetti, Flint, Gardner,
Giansante, Holyday, Jakobek, Minnan-Wong, Saundercook, Shaw,
Soknacki, Tzekas, Walker
No - 32
Mayor: Lastman
Councillors: Adams, Augimeri, Berger, Brown, Bussin, Chong, Chow, Davis,
Disero, Duguid, Feldman, Fotinos, Johnston, Jones, Kinahan,
King, Korwin-Kuczynski, Layton, Li Preti, Lindsay Luby,
McConnell, Mihevc, Miller, Nunziata, O Brien, Ootes,
Pantalone, Pitfield, Prue, Shiner, Silva
Lost by a majority of 17.
Adoption of motion (d) by Councillor Layton:
Yes - 31
Councillors: Adams, Augimeri, Berardinetti, Berger, Brown, Bussin, Chong,
Chow, Disero, Feldman, Flint, Fotinos, Gardner, Giansante,
Holyday, Johnston, Jones, Kinahan, King, Korwin-Kuczynski,
Layton, Lindsay Luby, McConnell, Mihevc, Miller, O Brien,
Pantalone, Prue, Saundercook, Silva, Soknacki
No - 15
Mayor: Lastman
Councillors: Altobello, Ashton, Balkissoon, Davis, Duguid, Jakobek,
Li Preti, Nunziata, Ootes, Pitfield, Shaw, Shiner, Tzekas,
Walker
Carried by a majority of 16.
Having regard to the foregoing decision of Council, motion (g) by Councillor Chong was
declared redundant.
Adoption of Part (2) of motion (f) by Councillor Gardner:
Yes - 18
Mayor: Lastman
Councillors: Altobello, Ashton, Balkissoon, Berardinetti, Berger, Davis,
Duguid, Flint, Gardner, Holyday, Jones, Nunziata, Pitfield,
Saundercook, Shaw, Tzekas, Walker
No - 29
Councillors: Adams, Augimeri, Brown, Bussin, Chong, Chow, Disero,
Feldman, Fotinos, Giansante, Jakobek, Johnston, Kinahan,
King, Korwin-Kuczynski, Layton, Li Preti, Lindsay Luby,
McConnell, Mihevc, Miller, Minnan-Wong, O Brien, Ootes,
Pantalone, Prue, Shiner, Silva, Soknacki
Lost by a majority of 11.
Adoption of Part (1) of motion (f) by Councillor Gardner:
Yes - 20
Mayor: Lastman
Councillors: Altobello, Ashton, Berardinetti, Berger, Davis, Duguid,
Flint, Gardner, Holyday, Jakobek, King, Minnan-Wong,
Nunziata, Ootes, Pitfield, Saundercook, Shaw, Tzekas, Walker
No - 27
Councillors: Adams, Augimeri, Balkissoon, Brown, Bussin, Chong, Chow,
Disero, Feldman, Fotinos, Giansante, Johnston, Jones,
Kinahan, Korwin-Kuczynski, Layton, Li Preti, Lindsay Luby,
McConnell, Mihevc, Miller, O Brien, Pantalone, Prue, Shiner,
Silva, Soknacki
Lost by a majority of 7.
Adoption of Part (3) of motion (f) by Councillor Gardner:
Yes - 18
Mayor: Lastman
Councillors: Altobello, Ashton, Berardinetti, Berger, Davis, Duguid,
Flint, Gardner, Holyday, Miller, Nunziata, Ootes, Pitfield,
Saundercook, Shaw, Tzekas, Walker
No - 29
Councillors: Adams, Augimeri, Balkissoon, Brown, Bussin, Chong, Chow,
Disero, Feldman, Fotinos, Giansante, Jakobek, Johnston,
Jones, Kinahan, King, Korwin-Kuczynski, Layton, Li Preti,
Lindsay Luby, McConnell, Mihevc, Minnan-Wong, O Brien,
Pantalone, Prue, Shiner, Silva, Soknacki
Lost by a majority of 11.
Adoption of motion (e) by Councillor Balkissoon:
Yes - 37
Mayor: Lastman
Councillors: Altobello, Ashton, Augimeri, Balkissoon, Berardinetti,
Berger, Chong, Chow, Davis, Disero, Duguid, Feldman, Flint,
Fotinos, Gardner, Giansante, Holyday, Jakobek, Johnston,
Jones, King, Korwin-Kuczynski, Lindsay Luby, McConnell,
Mihevc, Minnan-Wong, Nunziata, O Brien, Ootes, Pitfield,
Saundercook, Shaw, Shiner, Soknacki, Tzekas, Walker
No - 10
Councillors: Adams, Brown, Bussin, Kinahan, Layton, Li Preti, Miller,
Pantalone, Prue, Silva
Carried by a majority of 27.
Motion (a) by Councillor Duguid, as amended, carried.
Motion (c) by Councillor Miller carried.
Motion (b) by Councillor Shiner, seconded by Mayor Lastman, as amended, carried.
Adoption of Resolution, as amended:
Yes - 41
Mayor: Lastman
Councillors: Adams, Augimeri, Berardinetti, Berger, Brown, Bussin, Chong,
Chow, Davis, Disero, Duguid, Feldman, Flint, Fotinos,
Gardner, Giansante, Jakobek, Johnston, Jones, Kinahan, King,
Korwin-Kuczynski, Layton, Li Preti, Lindsay Luby, McConnell,
Mihevc, Miller, Minnan-Wong, Nunziata, O Brien, Ootes,
Pantalone, Pitfield, Prue, Saundercook, Shiner, Silva,
Soknacki, Tzekas
No - 6
Councillors: Altobello, Ashton, Balkissoon, Holyday, Shaw, Walker
Carried by a majority of 35.
In summary, Council did not adopt Motion I. Council adopted the following Resolution:
BE IT RESOLVED THAT Council support the direction given by staff to the Shelter
Advisory Committee on October 14, 1999, as outlined below:
(1) the Advisory Committee support interim approval for sixty rather than
seventy spaces, to be phased in appropriately over approximately a
three-month period;
(2) the Commissioner of Community and Neighbourhood Services be requested to
negotiate a written community contract with the community representatives
and local Councillors, including City obligations and commitments;
(3) the Commissioner of Community and Neighbourhood Services ensure that the
Community Reference Board has access to program information, financial
information, service statistics and physical premises;
(4) the Commissioner of Community and Neighbourhood Services review the
assessment process to identify potential clients for 1673 Kingston Road
with the Community Reference Board, at the earliest possible opportunity;
(5) that Council, once again, reiterate its support and insistence that there
be a broader distribution of all shelter services throughout the City,
provided the services needed either are or will be provided and also in
conjunction with due consideration of existing social housing units within
each community; and
(6) the Commissioner of Community Services be requested to report back to the
Community Services Committee, prior to the end of 1999, on the overall
conditions on Kingston Road with respect to hotel use, refugees, social
housing and other social services uses which combined are causing
difficulties for the community;
AND BE IT FURTHER RESOLVED THAT Council further direct the Commissioner of
Community and Neighbourhood Services to review the operations of the 1673 Kingston
Road facility at the end of April 2000, and, after a public meeting, report back
to the Community Services Committee and Council outlining the impact, if any, that
the facility has had on the local community, along with any recommendations to
address those impacts, or revisit the appropriateness of this site;
AND BE IT FURTHER RESOLVED THAT a Reference Board be established to work with the
staff of the facility, in order to ensure accountability to the Community and the
City;
AND BE IT FURTHER RESOLVED THAT the responsibilities of the Reference Board be as
follows:
(1) to review all program and financial information;
(2) to review security arrangements for the facility;
(3) to review physical requirements and upgrades for the premises;
(4) to establish evaluation criteria to be used to evaluate the program and to
participate in a six-month review of the program;
(5) to provide a forum to address any neighbourhood concerns/issues on an
ongoing basis; and
(6) to establish a Community contract , in consultation with hostel staff and
members of the community that will enshrine all agreements;
AND BE IT FURTHER RESOLVED THAT the membership of the Reference Board be comprised
of local residents, local businesses, police, community organizations where
appropriate, Members of City Council and the Principal of Birch Cliff Public
School, or his/her designate;
AND BE IT FURTHER RESOLVED THAT the Reference Board be co-chaired by a member of
staff and a community representative, selected by the Board;
AND BE IT FURTHER RESOLVED THAT the Commissioner of Community and Neighbourhood
Services, in conjunction with the Chief Planner, be requested to develop a model
for community mediation based on a simplified and expedited Parkdale Conflict
Resolution process to assist in the future location of hostels and report thereon
to the Community Services Committee;
AND BE IT FURTHER RESOLVED THAT the following motions be referred to the City
Solicitor for report thereon to the Shelter Advisory Committee:
Moved by Councillor Duguid:
AND BE IT FURTHER RESOLVED THAT profiles of the clients be made
available to the proposed Community Reference Board upon request.
Moved by Councillor Shiner:
AND BE IT FURTHER RESOLVED THAT responsibilities of the Reference
Board include the review of profiles of individuals as they come to
the building; .
12.57 Councillor Ootes moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(1), moved by
Councillor Chong, seconded by Councillor Ootes, and, in the absence of Councillor Chong,
moved by Councillor Minnan-Wong:
Moved By: Councillor Minnan-Wong
Seconded By: Councillor Ootes
WHEREAS Toronto Transit Commission (TTC) ridership has dropped by 90 million
trips annually over the past decade; and
WHEREAS this drop in ridership on the TTC is leading to severe road congestion;
and
WHEREAS the level of transit service overall, and the Wheel-Trans service in
particular, needs to be improved to bring back the riders and to increase the
number of Wheel-Trans trips available; and
WHEREAS in other cities, transit productivity has been substantially improved by
contracting out some or all of these services;
NOW THEREFORE BE IT RESOLVED THAT the Chief Administrative Officer be requested to
carry out a review of the experience in other cities with contracting out of
transit services, specifically special services such as Wheel-Trans, and determine
the improvement in productivity that might result from such initiatives at the TTC;
AND BE IT FURTHER RESOLVED THAT the Chief Administrative Officer present this
report to the Policy and Finance Committee at his earliest convenience but no
later than January 30, 2000.
Council also had before it, during consideration of Motion J(1), a communication
(October 27, 1999) from the Chief General Manager, Toronto Transit Commission,
recommending that a review of contracting out/privatization of any Toronto Transit
Commission services not be held at this time.
Vote to waive provisions of Council Procedural By-law to introduce Motion J(1):
Yes - 19
Councillors: Altobello, Balkissoon, Berger, Brown, Disero, Giansante,
Holyday, Johnston, King, Li Preti, Lindsay Luby,
Minnan-Wong, Moeser, O Brien, Ootes, Pitfield, Saundercook,
Shiner, Soknacki
No - 20
Councillors: Ashton, Augimeri, Berardinetti, Bussin, Chow, Duguid,
Filion, Gardner, Jones, Kinahan, Korwin-Kuczynski, Layton,
Mihevc, Miller, Moscoe, Nunziata, Pantalone, Prue, Rae,
Walker
Lost, less than two-thirds of Members present having voted in the affirmative.
Having regard that the motion to waive notice did not carry, Notice of this Motion was
given to permit consideration at the next regular meeting of City Council to be held on
November 23, 1999.
12.58 Councillor Walker moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(2), moved by
Councillor Walker, seconded by Councillor Adams, and, in the absence of Councillor Adams,
seconded by Councillor Johnston, which carried, more than two-thirds of Members present
having voted in the affirmative:
Moved by: Councillor Walker
Seconded by: Councillor Johnston
WHEREAS City Council at its meeting held on July 27, 28, 29 and 30, 1999,
adopted, without amendment, Clause No. 11 of Report No. 11 of The Toronto
Community Council, headed Driveway Widening - 26 Duncannon Drive (North
Toronto) ; and
WHEREAS Council, in adopting this Clause, permitted the application for driveway
widening for two vehicles, subject to the applicant complying with the criteria
set out in Chapter 248, Parking Licences, of the former City of Toronto Municipal
Code; and
WHEREAS the applicant cannot fulfil the criteria of Chapter 248 of the former City
of Toronto Municipal Code, and, as a result, will be denied his application; and
WHEREAS it was the intent of the Toronto Community Council, in making its
recommendations to Council, that the application be permitted for driveway
widening for two vehicles;
NOW THEREFORE BE IT RESOLVED THAT, in accordance with Section 46 of the Council
Procedural By-law, Clause No. 11 of Report No. 11 of The Toronto Community
Council, headed, Driveway Widening - 26 Duncannon Drive (North Toronto) , be re-
opened for further consideration;
AND BE IT FURTHER RESOLVED THAT Council approve the application for driveway
widening for two vehicles at 26 Duncannon Drive, without the necessity of the
applicant complying with the provisions of Chapter 248 of the former City of
Toronto Municipal Code, with respect to the paving requirements, and subject to
the applicant paying the appropriate fees.
Votes:
The first Operative Paragraph embodied in Motion J(2) carried, more than two-thirds of
Members present having voted in the affirmative.
The balance of Motion J(2) was adopted, without amendment.
12.59 Councillor Jakobek moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(3):
Moved by: Councillor Jakobek
Seconded by: Councillor Fotinos
WHEREAS there is space available in most former municipal offices that could be
rented; and
WHEREAS Members of the federal and provincial governments serve the public in the
same way as City Councillors; and
WHEREAS it is easier for the public to visit all three representatives in the same
place; and
WHEREAS there are a number of M.P.P.s currently re-negotiating their constituency
office leases at this time;
NOW THEREFORE BE IT RESOLVED THAT the City Clerk and the Director of Property be
requested to offer suitable office space to M.P.s and M.P.P.s, where available and
at market rent. ,
the vote upon which was taken as follows:
Yes - 31
Mayor: Lastman
Councillors: Adams, Altobello, Augimeri, Balkissoon, Berardinetti,
Bossons, Chong, Chow, Disero, Duguid, Feldman, Filion,
Fotinos, Giansante, Holyday, Jakobek, Johnston, Kinahan,
King, Korwin-Kuczynski, Li Preti, Lindsay Luby, McConnell,
Moeser, Nunziata, O Brien, Ootes, Pantalone, Sinclair,
Walker
No - 13
Councillors: Berger, Brown, Bussin, Jones, Mahood, Mihevc, Miller,
Minnan-Wong, Pitfield, Prue, Rae, Saundercook, Shiner
Carried, more than two-thirds of Members present having voted in the affirmative.
Motions:
(a) Mayor Lastman moved that Motion J(3) be referred to the Chief Administrative
Officer for report thereon to the Administration Committee.
(b) Councillor Moeser moved that motion (a) by Mayor Lastman be amended to provide
that the Chief Administrative Officer submit the report to the Office
Consolidation Sub-Committee.
Votes:
Adoption of motion (b) by Councillor Moeser:
Yes - 27
Councillors: Adams, Altobello, Augimeri, Bossons, Bussin, Chong, Davis,
Disero, Duguid, Feldman, Johnston, Jones, Korwin-Kuczynski,
Lindsay Luby, McConnell, Mihevc, Minnan-Wong, Moeser,
Moscoe, O Brien, Pantalone, Prue, Rae, Saundercook, Shaw,
Shiner, Sinclair
No - 13
Mayor: Lastman
Councillors: Ashton, Giansante, Holyday, Jakobek, Kinahan, Li Preti,
Miller, Nunziata, Ootes, Pitfield, Silva, Soknacki
Carried by a majority of 14.
Adoption of motion (a) by Mayor Lastman, as amended:
Yes - 37
Mayor: Lastman
Councillors: Adams, Altobello, Ashton, Augimeri, Bossons, Bussin, Chong,
Davis, Disero, Duguid, Feldman, Holyday, Johnston, Jones,
Kinahan, Korwin-Kuczynski, Li Preti, Lindsay Luby,
McConnell, Mihevc, Miller, Minnan-Wong, Moeser, Moscoe,
O Brien, Ootes, Pantalone, Pitfield, Prue, Rae, Saundercook,
Shaw, Shiner, Silva, Sinclair, Soknacki
No - 4
Councillors: Brown, Giansante, Jakobek, Nunziata
Carried by a majority of 33.
12.60 Councillor Miller moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(4), which
carried, more than two-thirds of Members present having voted in the affirmative:
Moved by: Councillor Miller
Seconded by: Councillor King
WHEREAS the goal of protecting and enhancing Toronto s rivers was given further
support by the federal government s designation of the Humber River as a Canadian
Heritage River on September 24, 1999; and
WHEREAS the City of Toronto s quality of life and the health of its rivers is
bound up with the ecological health of the Oak Ridges Moraine headwaters areas of
our rivers; and
WHEREAS suburban sprawl, including that caused by large infrastructure projects,
on the Oak Ridges Moraine presents a real threat to the quality and quantity of
water entering the Humber River, the Don River and the Rouge River; and
WHEREAS discussions regarding the development of a long-term strategy to protect
the Oak Ridges Moraine are about to commence and the City of Toronto must act
quickly if it is to participate in these discussions;
NOW THEREFORE BE IT RESOLVED THAT the City of Toronto ask the Regional
Municipalities of York, Durham and Peel to include the City in their discussions
regarding the development of a long-term strategy to protect the Oak Ridges
Moraine;
AND BE IT FURTHER RESOLVED THAT the City of Toronto, together with the other
Greater Toronto Area municipalities, oppose development anywhere within the
watersheds which does not protect or enhance the health of our river systems and
of the Oak Ridges Moraine, in particular;
AND BE IT FURTHER RESOLVED THAT the City recognize and support the work of the
Toronto and Region Conservation Authority and its various programs which are
directed at protecting the natural resources of the watersheds, including the
headwater areas within the Oak Ridges Moraine, and recommend that the Toronto and
Region Conservation Authority must have a role to play in the development and
implementation of any strategy for the Oak Ridges Moraine.
Motions:
(a) Councillor O Brien moved that Motion J(4) be amended by adding thereto the
following new Operative Paragraph:
AND BE IT FURTHER RESOLVED THAT the City of Toronto request the Province
of Ontario to provide leadership in a long-term strategy for the entire Oak
Ridges Moraine and the necessary planning mechanism or other legislative
tools, such as a Provincial Policy Statement, to ensure the implementation
of the strategy.
(b) Councillor Mahood moved that Motion J(4) be amended by adding thereto the
following new Operative Paragraph:
AND BE IT FURTHER RESOLVED THAT City Council adopt a minimum 30-metre
setback requirement from stable top of bank, as it applies to the Rouge
Valley Watershed.
Ruling by Deputy Mayor:
Deputy Mayor Ootes, having regard to the nature of motion (b) by Councillor Mahood, ruled
such motion out of order.
(c) Councillor Balkissoon moved that Motion J(4) be referred to the Acting
Commissioner of Urban Planning and Development Services for report thereon to the
Planning and Transportation Committee.
Withdrawal of motion:
Councillor Balkissoon, with the permission of Council, withdrew his motion (c).
Motions:
(d) Councillor Miller moved that Motion J(4) be amended by adding thereto the
following new Operative Paragraph:
AND BE IT FURTHER RESOLVED THAT the City of Toronto is not taking a
position that any specific set backs from tops of banks are sufficient
protection for the watersheds, until such time that City staff is satisfied
that our rivers and valleys are not negatively impacted.
(e) Councillor Adams moved that Motion J(4) be amended by adding thereto the following
new Operative Paragraph:
AND BE IT FURTHER RESOLVED THAT the Chief Planner and the City Solicitor
be requested to submit a joint report to the Planning and Transportation
Committee on the steps the City and City Council can take to advance the
City s interest in preserving the Oak Ridges Moraine as a natural
resource.
Votes:
Motion (d) by Councillor Miller carried.
Motion (e) by Councillor Adams carried.
Motion (a) by Councillor O Brien carried.
Adoption of Motion J(4), as amended:
Yes - 37
Councillors: Adams, Augimeri, Balkissoon, Berardinetti, Berger, Brown,
Chong, Chow, Davis, Duguid, Flint, Gardner, Holyday,
Jakobek, Johnston, Jones, Kinahan, King, Korwin-Kuczynski,
Layton, Li Preti, Lindsay Luby, McConnell, Miller,
Minnan-Wong, O Brien, Ootes, Pantalone, Pitfield, Prue,
Saundercook, Shaw, Shiner, Silva, Soknacki, Tzekas, Walker
No - 0
Carried, without dissent.
In summary, Council adopted Motion J(4), subject to adding thereto the following new
Operative Paragraphs:
AND BE IT FURTHER RESOLVED THAT the City of Toronto request the Province of
Ontario to provide leadership in a long-term strategy for the entire Oak Ridges
Moraine and the necessary planning mechanism or other legislative tools, such as a
Provincial Policy Statement, to ensure the implementation of the strategy;
AND BE IT FURTHER RESOLVED THAT the City of Toronto is not taking a position that
any specific set backs from tops of banks are sufficient protection for the
watersheds, until such time that City staff is satisfied that our rivers and
valleys are not negatively impacted;
AND BE IT FURTHER RESOLVED THAT the Chief Planner and the City Solicitor be
requested to submit a joint report to the Planning and Transportation Committee on
the steps the City and City Council can take to advance the City s interest in
preserving the Oak Ridges Moraine as a natural resource.
12.61 Councillor Korwin-Kuczynski moved that subsections 26(4), 27(1) and 28(1) of the Council
Procedural By-law be waived to permit consideration of the following Notice of Motion J(5)
and that the first Operative Paragraph embodied therein be adopted:
Moved by: Councillor Korwin-Kuczynski
Seconded by: Councillor Adams
WHEREAS the Chief Financial Officer and Treasurer was requested by City Council
at its meeting of April 26, 1999, to report on the feasibility of generating
additional revenues or allocating revenues from parking-related programs and
facilities to support public transit in the City; and
WHEREAS a report dated September 30, 1999, from the Chief Financial Officer and
Treasurer, entitled Feasibility of Implementing a Parking Levy on Private/Public
Parking to Support Public Transit and Application of Revenues from Parking , was
submitted to the Policy and Finance Committee for its meeting of October 14, 1999;
and
WHEREAS the Policy and Finance Committee received the report and voted not to
forward this important report and issue to City Council for consideration,
notwithstanding the request of visiting Councillors, and a motion by a Member of
the Policy and Finance Committee; and
WHEREAS the aforementioned report is referenced in Item (b) contained in Clause
No. 19 of Report No. 8 of The Policy and Finance Committee; and
WHEREAS there is a need to establish a long-term strategy to sustain public
transit in the City of Toronto, including the feasibility of dedicating a portion
of revenues from motor vehicle-related activities such as permit parking, front
yard parking, parking meters, municipal parking lots, to public transit; and
WHEREAS all motorists benefit from a sustainable and efficient public transit
system and, therefore, revenues generated by automobiles, or portion thereof,
should be allocated towards public transit; and
WHEREAS City Council approved, this year, a Toronto Transit Commission (TTC) fare
increase, or risked having to increase property taxes, in order to pay for
increases sustained under the collective bargaining settlement reached between TTC
and its workers;
NOW THEREFORE BE IT RESOLVED THAT, notwithstanding subsection 127(5) of the
Council Procedural By-law, Council give consideration to the attached report dated
September 30, 1999, from the Chief Financial Officer and Treasurer, entitled
Feasibility of Implementing a Parking Levy on Private/Public Parking to Support
Public Transit and Application of Revenues from Parking ;
AND BE IT FURTHER RESOLVED THAT City staff review and report to City Council at
the earliest possible date on the feasibility of dedicating portions of City
revenues generated by automobiles towards maintaining long-term efficient and
sustainable public transportation in this City;
AND BE IT FURTHER RESOLVED THAT City Council request the Province of Ontario to
enact the necessary legislation to allow municipalities, if necessary, to levy a
parking surcharge on public parking spaces, and on commercial, industrial, and
institutional parking spaces, and that any such revenues generated by a parking
surcharge be allocated solely for the purpose of supporting public transportation
as a way of easing its burden on the local property taxpayer, and offsetting
possible future public transportation fare increases. ,
the vote upon which was taken as follows:
Yes - 31
Councillors: Adams, Altobello, Ashton, Augimeri, Berardinetti, Bossons,
Bussin, Chow, Feldman, Filion, Giansante, Holyday, Johnston,
Jones, Kinahan, King, Korwin-Kuczynski, Lindsay Luby,
McConnell, Mihevc, Miller, O Brien, Pantalone, Pitfield,
Prue, Rae, Saundercook, Shiner, Sinclair, Soknacki, Walker
No - 11
Mayor: Lastman
Councillors: Berger, Brown, Disero, Fotinos, Jakobek, Li Preti, Mahood,
Minnan-Wong, Nunziata, Ootes
Carried, more than two-thirds of Members present having voted in the affirmative.
Council had before it, during consideration of Motion J(5), a report (September 30, 1999)
from the Chief Financial Officer and Treasurer, entitled Feasibility of Implementing a
Parking Levy on Private/Public Parking to Support Public Transit and Application of
Revenues from Parking . (See Attachment No. 1, Page 119)
Motion:
Councillor Adams moved that consideration of the balance of Motion J(5) be deferred to the
next regular meeting of City Council to be held on November 23, 1999.
Vote:
The motion by Councillor Adams carried.
12.62 Councillor Layton moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(6), which
carried, more than two-thirds of Members present having voted in the affirmative:
Moved by: Councillor Layton
Seconded by: Councillor Adams
WHEREAS the Medical Officer of Health has determined that over 400 residents in
Toronto die prematurely because of smog each year, while at least 300 others are
hospitalized annually; and
WHEREAS smog episodes in Toronto are linked to the high levels of ozone in
southern Ontario; and
WHEREAS over half of the ozone which affects southern Ontario comes from the
United States; and
WHEREAS most of the ozone that originates in the United States is the result of
nitrogen oxide emissions from coal-fired plants in the U.S. mid-west; and
WHEREAS the levels of ozone in Toronto s air commonly exceed the levels at which
serious health effects and hospitalizations have been demonstrated; and
WHEREAS a U.S. Environmental Protection Agency Ruling which would have reduced
nitrogen oxide emissions from coal-fired plants in 23 jurisdictions by about 64
percent, was recently stayed (killed) by the Court of Appeals; and
WHEREAS New York s Attorney General announced on September 15, 1999, that he
intends to sue 17 coal-fired plants in five mid-western states, for failing to
upgrade their pollution controls when they expanded their plants, as is required
of them under the U.S. Clean Air Act; and
WHEREAS the New York State s Attorney General has indicated that his legal
intervention would benefit from support from the City of Toronto as an impacted
community downwind of American coal-fired power stations; and
WHEREAS the 60-day notice period expires on November 15, 1999, and there is a
legal time frame within which it would be desirable for Council to initiate its
consideration of participation; and
WHEREAS the Medical Officer of Health will be submitting a report on this matter
to the Environmental Task Force on Wednesday, October 20, 1999;
NOW THEREFORE BE IT RESOLVED THAT Toronto City Council:
(1) commend New York s Attorney General for pursuing legal action against
17 coal-fired power plants in the mid-western United States that contribute
to smog;
(2) provide approval, in principle, for the City to support New York s legal
action as a Friend of the Court , and direct the City Solicitor, in
consultation with the Medical Officer of Health and the Commissioner of
Works and Emergency Services, to investigate the legal and resource
implications required for this action, and report back to the November
Council meeting, through the Policy and Finance Committee (with a report
being sent to the Board of Health, Works Committee and Environmental Task
Force for information);
(3) ask the Association of Municipalities of Ontario (AMO) if they and/or their
members will endorse Toronto s intervention as a Friend of the Court ;
(4) request Toronto Hydro to report to Council s December meeting on whether
its supplier, Ontario Power Generation, is buying electricity from any of
the 17 coal-fired power plants that have been identified in the lawsuit;
(5) request Toronto Hydro to investigate the feasibility of adopting a
purchasing policy which encourages a shift to natural gas and renewable
energies by stipulating that air emission rates for nitrogen oxides,
sulphur dioxide, carbon dioxide and mercury be considered along with price
when awarding contracts for power;
(6) investigate the feasibility of adopting a purchasing policy for the City as
a corporation which encourages a shift to natural gas and renewable
energies; and
(7) indicate to the Premier of Ontario that it is essential to the health of
Ontario residents that the Province establish aggressive air emission
standards for electricity generated for Ontario consumers before the market
opens to full competition in 2000.
Council had before it, during consideration of Motion J(6), the following communications:
(i) (October 21, 1999) from the City Clerk, forwarding the recommendation of the
Environmental Task Force pertaining to the report dated October 20, 1999, from the
Medical Officer of Health, respecting the New York State law suit against
Mid-Western Coal-Fired Power Plants. (See Attachment No. 2, Page 131); and
(ii) (October 26, 1999) from the Attorney General, State of New York, expressing
appreciation to the Mayor and Members of Council for the warm welcome extended to
staff of the Office of the Attorney General who participated in the recent public
hearing on acid rain and smog in Toronto; and indicating full support and
co-operation to City Council in its efforts to encourage pollution reduction.
Motion:
Councillor Layton moved that Motion J(6) be adopted, subject to deleting the Operative
Paragraph and inserting in lieu thereof the following new Operative Paragraph:
NOW THEREFORE BE IT RESOLVED THAT the recommendation of Environmental Task Force
embodied in the communication dated October 21, 1999, from the City Clerk, be
adopted, viz.:
The Environmental Task Force recommends that City Council adopt the
recommendations contained in the report dated October 20, 1999, from the
Medical Officer of Health, viz.:
It is recommended that Toronto City Council:
(1) commend New York State s Attorney General for pursuing legal
action against 17 coal-fired power plants in the mid-western
United States that contribute to smog;
(2) provide approval in principle for the City to support New
York s legal action as a Friend of the Court , and direct
the City Solicitor, in consultation with the Medical Officer
of Health and the Commissioner of Works and Emergency
Services, to investigate the legal and resource implications
required for this action, and report back to the November
Council meeting through the Policy and Finance Committee
(with copies sent to the Board of Health, Works Committee,
Environmental Task Force and the Toronto Inter-Departmental
Environment Team for information);
(3) request that the Association of Municipalities of Ontario
(AMO) and the Federation of Canadian Municipalities (FCM)
endorse Toronto s intervention as a Friend of the Court in
New York State s legal action;
(4) request that Toronto Hydro report to the December Council
meeting indicating whether its supplier, Ontario Power
Generation, is buying electricity from any of the 17
coal-fired power plants identified in the law suit;
(5) request that Toronto Hydro report to Council on the
feasibility of adopting a purchasing policy which encourages
a shift to natural gas and renewable energies by stipulating
that air emission rates for nitrogen oxides, sulphur
dioxide, carbon dioxide and mercury, be considered along
with price when purchasing electrical power;
(6) request that the Chief Financial Officer and Treasurer
report to Council on the feasibility of adopting a similar
purchasing policy for the City as a purchaser of
electricity; and
(7) indicate to the Premier of Ontario that it is essential to
the health of Ontario residents that the Province establish
aggressive air emission standards for electricity generated
in Ontario and for Ontario consumers, before the market
opens to full competition in the year 2000.
Votes:
The motion by Councillor Layton carried.
Motion J(6), as amended, carried.
12.63 Councillor Fotinos moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(7), which
carried, more than two-thirds of Members present having voted in the affirmative:
Moved by: Mayor Lastman
Seconded by: Councillor Fotinos
WHEREAS the Toronto District Heating Corporation (TDHC) is in transition to a
share capital corporation where the City and OMERS are equal shareholders; and
WHEREAS Council on September 28 and 29, 1999, appointed four of the six Directors
to the Board of Directors of TDHC and directed that the Selection Committee bring
forward the City citizen nominees to Council for approval as soon as possible; and
WHEREAS the closing date for the transition is before the next meeting of Council;
and
WHEREAS the Mayor and the Chief Administrative Officer have submitted confidential
reports dated October 26, 1999, and October 25, 1999, respectively, pertaining to
this matter;
NOW THEREFORE BE IT RESOLVED THAT Council give consideration to the aforementioned
confidential reports dated October 26, 1999, and October 25, 1999, from the Mayor
and the Chief Administrative Officer, respectively, and that such reports be
adopted.
Council had before it, during consideration of Motion J(7), the following confidential
reports:
(i) (October 26, 1999) from Mayor Mel Lastman; and
(ii) (October 25, 1999) from the Chief Administrative Officer.
Motion:
Councillor Jakobek moved that Motion J(7) be amended to provide that the Mayor s
appointment to this body be referred to the Striking Committee as per the procedure of
City Council.
Withdrawal of motion:
Councillor Jakobek, with the permission of Council, withdrew his foregoing motion, and
requested that it be noted in the Minutes of this meeting that he had requested permission
to withdraw his motion based on the understanding that the Mayor s appointment to this
body will go through the Striking Committee.
Vote:
Motion J(7) was adopted, without amendment.
Council, by its adoption of Motion J(7), without amendment:
(a) adopted, without amendment, the confidential report dated October 26, 1999, from
Mayor Mel Lastman, such report to remain confidential in accordance with the
provisions of the Municipal Act, save and except the following recommendations
embodied therein:
It is recommended that:
(1) as recommended by the Selection Committee appointed by Council,
Rochelle C. Stenzler and Harriet F. Reisman be elected as directors of the
Board of Directors of TDHC, to be effective as soon as the TDHC Act is
proclaimed;
(2) Rochelle Stenzler be named Chair; and
(3) the appropriate City Officials be authorized and directed to take the
necessary action to give effect thereto. ; and
(b) adopted, without amendment, the confidential report dated October 25, 1999, from
the Chief Administrative Officer, such report to remain confidential in accordance
with the provisions of the Municipal Act, save and except the following
recommendations and Appendix 1 embodied therein:
It is recommended that:
(1) the Articles of Amendment attached as Appendix 1 to this report be approved
to reflect the conversion rights of TDHC Class A shares as approved by
Council in the Shareholders Agreement;
(2) Appendix 1 be made public along with the recommendations of this report,
once approved by Council; and
(3) the appropriate City Officials be authorized and directed to take the
necessary action to give effect thereto.
(A copy of Appendix 1 is on file in the office of the City Clerk.)
12.64 Councillor Moscoe moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(8), which
carried, more than two-thirds of Members present having voted in the affirmative:
Moved by: Councillor Moscoe
Seconded by: Councillor Davis
WHEREAS Application No. UDOZ-97-41 (Block H in the Downsview Secondary Plan) area
adopted by Council on September 28, 1999, by its adoption, as amended, of Clause
No.16 of Report No. 8 of The North York Community Council, headed Zoning
Amendment Application UDOZ-97-41 - Costco Canada Limited - South Side of Wilson
Avenue, West of Allen Road - North York Spadina , calls for an Ontario Municipal
Board (OMB) mediation hearing with regard to Toronto Transit Commission (TTC)
requirements; and
WHEREAS the TTC is a party to that mediation hearing; and
WHEREAS in order to offset the negative effects of this development on public
transit, the TTC will be forced to incur significant capital costs and ongoing
additional operating costs which will result in a waste of taxpayers dollars; and
WHEREAS these additional costs should be offset by the proponent of the
development through a one-time investment in mitigating measures;
NOW THEREFORE BE IT RESOLVED THAT Council support the TTC at the OMB mediation and
all subsequent OMB proceedings and that the City Solicitor be directed to attend
the mediation and any OMB hearings in that regard.
Vote:
Motion J(8) was adopted, without amendment.
12.65 Councillor Jakobek moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(9), which
carried, more than two-thirds of Members present having voted in the affirmative:
Moved by: Councillor Jakobek
Seconded by: Councillor Disero
WHEREAS City Council at its meeting held on July 27, 28, 29 and 30, 1999,
adopted, without amendment, Clause No. 19 of Report No. 11 of The Toronto
Community Council headed, Removal of City-owned Tree - 41 Wayland Avenue (East
Toronto) ; and
WHEREAS the owner wishes to appeal the decisions of the Toronto Community Council
and Toronto City Council;
NOW THEREFORE BE IT RESOLVED THAT, in accordance with Section 46 of the Council
Procedural By-law, Clause No. 19 of Report No. 11 of The Toronto Community Council
headed, Removal of City-owned Tree - 41 Wayland Avenue (East Toronto) , be
re-opened for further consideration;
AND BE IT FURTHER RESOLVED THAT Clause No. 19 of Report No. 11 of The Toronto
Community Council headed, Removal of City-owned Tree - 41 Wayland Avenue (East
Toronto) , be referred back to the Toronto Community for deputations.
Votes:
The first Operative Paragraph embodied in Motion J(9) carried, more than two-thirds of
Members present having voted in the affirmative.
The balance of Motion J(9) was adopted, without amendment.
12.66 Councillor Jakobek moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(10), moved by
Councillor Jakobek, seconded by Councillor Disero, and with the permission of Council, at
the request of Councillor Bussin, seconded by Councillor Bussin, which carried, more than
two-thirds of Members present having voted in the affirmative:
Moved by: Councillor Jakobek
Seconded by: Councillor Bussin
WHEREAS City Council at its meeting held on July 27, 28, 29 and 30, 1999,
adopted, without amendment, Clause No. 52 of Report No. 11 of The Toronto
Community Council, headed Front Yard Parking - 130 Glen Manor Drive (East
Toronto) ; and
WHEREAS staff of the Works and Emergency Services Department need clarification on
the intentions of adopting the recommendations embodied therein;
NOW THEREFORE BE IT RESOLVED THAT, in accordance with Section 46 of the Council
Procedural By-law, Clause No. 52 of Report No. 11 of The Toronto Community
Council, headed Front Yard Parking - 130 Glen Manor Drive (East Toronto) , be re-
opened for further consideration;
AND BE IT FURTHER RESOLVED THAT Clause No. 52 of Report No. 11 of The Toronto
Community Council, headed Front Yard Parking - 130 Glen Manor Drive (East
Toronto) , be referred back to the Toronto Community for clarification required by
staff.
Votes:
The first Operative Paragraph embodied in Motion J(10) carried, more than two-thirds of
Members present having voted in the affirmative.
The balance of Motion J(10) was adopted, without amendment.
12.67 Councillor Korwin-Kuczynski moved that subsections 26(4), 27(1) and 28(1) of the Council
Procedural By-law be waived to permit consideration of the following Notice of
Motion J(11), which carried, more than two-thirds of Members present having voted in the
affirmative:
Moved By: Councillor Korwin-Kuczynski
Seconded By: Councillor Miller
WHEREAS City Council on September 28 and 29, 1999, adopted, as amended, Clause
No. 63 of Report 12 of The Toronto Community Council, headed Tree
Removal - 256 MacDonell Avenue (High Park) ; and
WHEREAS the owner of 256 MacDonell Avenue requests permission to remove an oak
tree from the subject property; and
WHEREAS the tree in question is a thirty-two centimetre diameter multiple-stem red
oak in fair condition, and is located at the front of the property; and
WHEREAS the Committee of Adjustment has granted variances required for the
construction of a two-storey addition at the front of the property; and
WHEREAS the owner agrees to plant on the City of Toronto road allowance, a mature
replacement tree at full cost to him, in consultation with and to the satisfaction
of the Commissioner of Economic Development, Culture and Tourism;
NOW THEREFORE BE IT RESOLVED THAT, in accordance with Section 46 of the Council
Procedural By-law, Clause No. 63 of Report 12 of The Toronto Community Council,
headed Tree Removal - 256 MacDonell Avenue (High Park) , be re-opened for further
consideration;
AND BE IT FURTHER RESOLVED THAT City Council grant permission for the removal of
the subject tree.
Vote:
The first Operative Paragraph embodied in Motion J(11) carried, more than two-thirds of
Members present having voted in the affirmative.
Motion:
Councillor Miller moved that the balance of Motion J(11) be adopted, subject to adding to
the second Operative Paragraph the words subject to the owner agreeing to plant on the
City of Toronto road allowance, a mature replacement tree at full cost to him, in
consultation with and to the satisfaction of the Commissioner of Economic Development,
Culture and Tourism , so that such Operative Paragraph shall now read as follows:
AND BE IT FURTHER RESOLVED THAT City Council grant permission for the removal of
the subject tree, subject to the owner agreeing to plant on the City of Toronto
road allowance, a mature replacement tree at full cost to him, in consultation
with and to the satisfaction of the Commissioner of Economic Development, Culture
and Tourism.
Votes:
The motion by Councillor Miller carried.
Motion J(11), as amended, carried.
12.68 Councillor McConnell moved that subsections 26(4), 27(1) and 28(1) of the Council
Procedural By-law be waived to permit consideration of the following Notice of
Motion J(12), moved by Councillor Flint, seconded by Councillor McConnell, and, in the
absence of Councillor Flint, moved by Councillor Lindsay Luby, which carried, more than
two-thirds of Members present having voted in the affirmative:
Moved by: Councillor Lindsay Luby
Seconded by: Councillor McConnell
WHEREAS City Council, at its meeting held on September 28 and 29, 1999, by its
adoption, as amended, of Clause No.4 of Report No. 4 of The Planning and
Transportation Committee, headed Year 2000 Licence Fees , adopted the report
(August 27, 1999) from the Acting Commissioner, Urban Planning and Development
Services, subject to amending the schedule entitled Taxicab Owners - for Original
Licence , appended thereto, by deleting the words When issued to a cab driver on
the waiting list under Column 1 of the Schedule and by deleting the corresponding
amount of $5,965.00, under Column 2; and
WHEREAS the recommendation of the Planning and Transportation Committee which was
forwarded to Council for consideration was incorrect and should have read:
The Planning and Transportation Committee recommends that the report
(August 27, 1999) from the Acting Commissioner, Urban Planning and
Development Services, be adopted, subject to amending the schedule titled
Taxicab Owners - for Original Licence in Appendix 1 attached thereto, by
deleting the words When issued to a cab owner on the waiting listing
under Column 1, and deleting the corresponding amount of $5,965.00 under
Column 2 ; and
WHEREAS the reason for making the original recommendation to Council to amend the
schedule to delete the reference to the owners list was of a technical nature, in
order to be consistent with Council s previous action taken on July 27, 28, 29 and
30, 1999, (Clause No. 3 of Report No. 2 of The Planning and Transportation
Committee) whereby it amended the Licensing By-law to repeal provisions relating
to the owners;
NOW THEREFORE BE IT RESOLVED THAT, in accordance with Section 46 of the Council
Procedural By-law, Clause No. 4 of Report No. 4 of The Planning and Transportation
Committee, headed Year 2000 Licence Fees , be re-opened for further
consideration, only insofar as it pertains to that portion of the Recommendation
of the Planning and Transportation Committee to amend the fee schedule attached to
the staff report to delete reference to the taxicab drivers list;
AND BE IT FURTHER RESOLVED THAT Council s action in adopting the following portion
of the Recommendation of the Planning and Transportation Committee which reads:
......subject to amending the schedule titled Taxicab Owners -
for Original Licence , appended thereto, by deleting the words
When issued to a cab driver on the waiting list , under Column 1
of the Schedule and by deleting the corresponding amount of
$5,965.00 under Column 2; ,
be rescinded, and the following be adopted in lieu thereof:
......subject to amending the schedule titled Taxicab Owners - for
Original Licence , appended thereto, by deleting the words When issued to
a cab owner on the waiting list under Column 1 of the Schedule and by
deleting the corresponding amount of $5,965.00, under Column 2;
so that the recommendation of the Planning and Transportation Committee will now
read:
The Planning and Transportation Committee recommends that the
report (August 27, 1999) from the Acting Commissioner, Urban
Planning and Development Services be adopted, subject to amending
the schedule titled Taxicab Owners - for Original Licence in
Appendix 1 attached thereto, by deleting the words When issued to
a cab owner on the waiting list , under Column 1, and deleting the
corresponding amount of $5,965.00 under Column 2 .
Votes:
The first Operative Paragraph embodied in Motion J(12) carried, more than two-thirds of
Members present having voted in the affirmative.
The balance of Motion J(12) was adopted, without amendment.
12.69 Councillor Shiner moved that, in accordance with subsection 28(2) of the Council
Procedural By-law, leave be granted to introduce the following Notice of Motion J(13),
which carried:
Moved by: Councillor Shiner
Seconded by: Councillor King
WHEREAS area residents have recently expressed concerns regarding the
intersection of Shaughnessy Boulevard and Nymark Avenue, and the location of the
existing pedestrian crosswalk to the north of this intersection; and
WHEREAS a report dated October 18, 1999, from the Commissioner of Works and
Emergency Services, indicates that pedestrian patterns have shifted and children
walking to three nearby schools are now crossing Shaughnessy Boulevard at an
unprotected point south of the current pedestrian crosswalk; and
WHEREAS subway construction in the vicinity of Don Mills Road and Sheppard Avenue
East has resulted in a much higher volume of traffic on Shaughnessy Boulevard; and
WHEREAS these factors have combined to create an unsafe and potentially hazardous
situation for area residents including many school-age children;
NOW THEREFORE BE IT RESOLVED THAT the recommendations from the Commissioner of
Works and Emergency Services contained in the attached report dated October 18,
1999 be adopted by Council.
Council had before it, during consideration of Motion J(13), a report dated October 13,
1999, from the Commissioner of Works and Emergency Services, entitled Traffic Operations:
Shaughnessy Boulevard, Nymark Avenue to Trailside Drive, Seneca Heights. (See Attachment
No. 3, Page 136)
Vote:
Motion J(13) was adopted, without amendment.
Council, by its adoption, without amendment, of Motion J(13), adopted, without amendment,
the report dated October 18, 1999, from the Commissioner of Works and Emergency Services,
embodying the following recommendations:
It is recommended that:
(1) Schedules XVIII and XIX of By-law No. 31001, of the former City of North
York, be amended to require traffic to stop on all approaches to the
intersection of Shaughnessy Boulevard and Nymark Avenue;
(2) improvements to the intersection of Shaughnessy Boulevard, estimated at a
cost of $42,600.00, be included within the 2000 Capital Budget; and
(3) By-law No. 30518, of the former City of North York, be amended to relocate
the PXO located at the intersection of Shaughnessy Boulevard and Nymark
Avenue, to a point approximately 70 metres south of Nymark Avenue.
12.70 Councillor Walker moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(14), moved by
Councillor Walker, seconded by Councillor Adams, and, in the absence of Councillor Adams,
seconded by Councillor Mihevc, which carried, more than two-thirds of Members present
having voted in the affirmative:
Moved by: Councillor Walker
Seconded by: Councillor Mihevc
WHEREAS half of the households in Toronto are tenant households; and
WHEREAS there are currently more than 40,000 children on the waiting list for
public housing in the City of Toronto1; and
WHEREAS the population of homeless in the City is at its highest level ever and
continues to escalate; and
WHEREAS the policies set out in the provincial government s Tenant Protection Act
legislation have created an environment in which affordable rental housing is
being depleted at an alarming rate through above-guideline rent increases, vacancy
decontrol and demolitions/conversions to condominiums; and
WHEREAS the recent striking down of the City of Toronto Official Plan Amendment II
by the Ontario Municipal Board has removed the only remaining mechanism the City
of Toronto had to manage and protect its supply of affordable rental housing; and
WHEREAS contrary to assumptions that vacancy decontrol and the other policies of
the Tenant Protection Act would cause an increase in the construction of new
rental apartments, production of such units is down 97 percent from average annual
production between 1989 - 1993 and continues to decline2; and
WHEREAS St. Paul s M.P.P., Michael Bryant, with the strong support of M.P.P. David
Caplan, is seeking to sponsor a Private Bill in the Ontario Legislature to restore
the municipality s jurisdiction over final approval of all demolitions of rental
housing within its boundaries; and
WHEREAS protecting Toronto s existing stock of affordable rental housing is one of
the utmost importance to Toronto City Council and the citizens it represents;
NOW THEREFORE BE IT RESOLVED THAT Toronto City Council initiate a Private Bill,
through the sponsorship of M.P.P. Michael Bryant, that would restore to the
municipality, final approval over all applications for demolition of rental
housing in the City of Toronto, in order to give the City of Toronto the ability
to protect and manage its existing rental housing stock;
AND BE IT FURTHER RESOLVED THAT the Mayor send a letter to every member of the
Ontario Legislature on behalf of Toronto City Council urging them to support the
Private Bill.
_________________________
1 DeMara, Bruce. Child poverty: How kids are faring . Toronto Star, October 15,
1999.
2 Where s Home?: A Picture of Housing Needs In Ontario . Municipal Profile:
Toronto. April 1999.
Vote:
Motion J(14) was adopted, without amendment.
12.71 Councillor Moscoe moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(15), which
carried, more than two-thirds of Members present having voted in the affirmative:
Moved by: Councillor Moscoe
Seconded by: Councillor Feldman
WHEREAS Coffee Tea or Me , located at 3280 Dufferin Street has applied for a
liquor licence; and
WHEREAS the application will be dealt with on November 13, 1999; and
WHEREAS this is family coffee shop in residential zone; and
WHEREAS when this operation was originally approved by the City of Toronto,
representation was made by the applicant that no liquor would be available on the
premises; and
WHEREAS this is an extremely popular coffee shop patronized extensively by
adolescents;
NOW THEREFORE BE IT RESOLVED THAT the liquor licence applied for by the operator
of Coffee Tea or Me be opposed by the City of Toronto and the Alcohol and Gaming
Commission be so advised.
Vote:
Motion J(15) was adopted, without amendment.
12.72 Councillor Moscoe moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(16), moved by
Councillor Moscoe, seconded by Councillor Davis, and, in the absence of Councillor Davis,
seconded by Councillor Shiner, which carried, more than two-thirds of Members present
having voted in the affirmative:
Moved by: Councillor Moscoe
Seconded by: Councillor Shiner
WHEREAS the Toronto Transit Commission (TTC) has constructed a rail drop shaft in
the vicinity of Sheppard Avenue and Welbeck Road; and
WHEREAS the rail drop shaft will be utilized to deliver and install rail, concrete
double ties and other systems equipment into the Sheppard Subway Yonge Tailtrack;
and
WHEREAS the use of the drop shaft from November 1, 1999, to December 31, 2000,
requires the temporary closure of Welbeck Road to through traffic from the north
limit of Sheppard Avenue West to a point approximately 25 metres north of Sheppard
Avenue West; and
WHEREAS Welbeck Road will be re-opened during this period when not required for
TTC use; and
WHEREAS at the request of a local Councillor, the staff report on the proposed
closure of Welbeck Road was not considered at the North York Community Council
meeting of October 13 and 14, 1999, pending the organization of a public meeting; and
WHEREAS a public meeting was held on October 21, 1999, to discuss the proposed
closure and no concerns were identified; and
WHEREAS in addition to the public meeting, the property owners most directly
affected by the closure of Welbeck Road and the location of the drop shaft have
been consulted and alternative traffic access has been agreed upon; and
WHEREAS roads in this area were previously closed to construct the Tailtrack and
the closures were without incident; and
WHEREAS staff in the Transportation Division of the Works and Emergency Services
Department support the proposed closure;
NOW THEREFORE BE IT RESOLVED THAT City of Toronto Council authorize the temporary
closure of Welbeck Road to through traffic from the north limit of Sheppard Avenue
West to a point approximately 25 metres north of Sheppard Avenue West, from
November 1, 1999, to December 31, 2000;
AND BE IT FURTHER RESOLVED THAT authority be granted for the introduction of the
necessary Bills in Council to give effect thereto, if required.
Vote:
Motion J(16) was adopted, without amendment.
12.73 Councillor Rae moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(17), which
carried, more than two-thirds of Members present having voted in the affirmative:
Moved by: Councillor Rae
Seconded by: Councillor Li Preti
WHEREAS City Council at its meeting held on September 28 and 29, 1999, adopted
Clause No. 14 of Report No. 5 of The Administration Committee headed Declaration
as Surplus _ Nos. 111 and 117 Richmond Street East _ Municipal No. 63 , thereby
declaring surplus to the City s requirements the properties known municipally as
Nos. 111 and 117 Richmond Street East and authorizing that notice be given to the
public of the intended manner of sale; and
WHEREAS, in accordance with By-law No. 551-1998, the notice of the proposed sale
was given advising that the City proposes to enter into a joint venture with the
developers of the abutting property respecting the sale of these lands to reflect
the fact that, as part of the compensation for the lands, the City was to acquire
strata title to a portion of the proposed development containing a 12-space
parking facility; and
WHEREAS Clause No. 7 of Report No. 8 of The Policy and Finance Committee, headed
Redevelopment of Car Park 63 Located at 111 and 117 Richmond Street East,
(Ward 24- Downtown) before Council at its meeting of October 26, 1999, recommends
the adoption of the report (September 28, 1999) from the President, Toronto
Parking Authority, entitled Redevelopment of Car Park No. 63 Located at Nos. 111
and 117 Richmond Street East , subject to amending Recommendation No. (1) and
deleting Recommendation No. (2) thereby recommending that City Council approve an
agreement of purchase and sale with Intracorp Developments (French Quarter II)
Ltd. the total value of the transaction being $440,000.00 in cash and,
accordingly, the City will not be acquiring strata title to a portion of the
proposed development containing a 12-space parking facility; and
WHEREAS the Acting Commissioner of Corporate Services has submitted a report dated
October 25, 1999, entitled Proposed Sale of Nos. 111 and 117 Richmond Street
East , advising that, as the recommendation of the Policy and Finance Committee is
inconsistent with the notice to the public of the proposed sale previously given
pursuant to By-law No. 551-1998, it is necessary that approval be given, at this
time, for a revision to the intended manner of sale; sufficient time allowed for
the required notice to be given; and that Council defer consideration of the
aforementioned sale report for one Council cycle;
NOW THEREFORE BE IT RESOLVED THAT, in accordance with Section 46 of the Council
Procedural By-law, Clause No. 14 of Report No. 5 of The Administration Committee,
headed Declaration as Surplus _ Nos. 111 and 117 Richmond Street East _ Municipal
Car Park No. 63 , be re-opened for further consideration, insofar as it pertains
to the notice to the public of the proposed sale;
AND BE IT FURTHER RESOLVED THAT Council approve the report dated October 25, 1999,
entitled Proposed Sale of Nos. 111 and 117 Richmond Street East , from the Acting
Commissioner of Corporate Services.
Council had before it, during consideration of Motion J(17), a report (October 25, 1999)
from the Acting Commissioner of Corporate Services, entitled Proposed Sale of Nos. 111
and 117 Richmond Street East . (See Attachment No. 4, Page 139)
Votes:
The first Operative Paragraph embodied in Motion J(17) carried, more than two-thirds of
Members present having voted in the affirmative.
The balance of Motion J(17) was adopted, without amendment.
Council, by its adoption of the balance of Motion J(17), without amendment, adopted,
without amendment, the report dated October 25, 1999, from the Acting Commissioner of
Corporate Services, embodying the following recommendations:
It is recommended that:
(1) the approved manner of the sale of Nos. 111 and 117 Richmond Street East be
a direct sale to Intracorp Developments (French Quarter II) Ltd.;
(2) to allow for the required notice to the public of the proposed sale to be
given, consideration of Clause No. 7 of Report No. 8 of The Policy and
Finance Committee be deferred to the Council meeting scheduled for November
23, 24 and 25, 1999;
(3) all steps necessary to comply with By-law No. 551-1998 be taken; and
(4) the appropriate City officials be authorized and directed to take the
necessary action to give effect thereto.
12.74 Councillor Ashton moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(18), which
carried, more than two-thirds of Members present having voted in the affirmative:
Moved by: Councillor Ashton
Seconded by: Councillor Giansante
WHEREAS Council at its meeting held on December 16 and 17, 1998, in adopting
Clause No. 4 of Report No. 15 of The Special Committee to Review the Final Report
of the Toronto Transition Team, headed Administrative Structure for Arts Grants ,
approved the Toronto Arts Council as the arms-length administrative body of the
City in relation to the funding of arts and cultural organizations and artists in
the City of Toronto and directed that the terms of a new grant agreement with the
Toronto Arts Council be established; and
WHEREAS Council has approved the extension of the Grant Agreement between the
former City of Toronto and the Toronto Arts Council to October 30, 1999, to enable
the draft of a new grant agreement to be finalized; and
WHEREAS staff of Economic Development, Culture and Tourism, Finance, Corporate
Policy and Legal have been meeting with the Toronto Arts Council to negotiate the
terms of a new grant agreement; and
WHEREAS it is necessary to further extend the term of the existing Grant Agreement
to July 31, 2000, to enable the finalization of negotiations with respect to the
new agreement;
NOW THEREFORE BE IT RESOLVED THAT, in accordance with Section 46 of the Council
Procedural By-law, Clause No. 15 of Report No. 6 of the Economic Development
Committee, headed Extension of City s Agreement with the Toronto Arts Council ,
as amended by Notice of Motion J(5), adopted by Council at its meeting held on
July 6, 7 and 8, 1999, be re-opened for further consideration;
AND BE IT FURTHER RESOLVED THAT the Clause be amended by deleting the words seven
months and the date October 30, 1999 and inserting in lieu thereof the words
sixteen months and the date July 31, 2000 to enable the draft of the new
agreement with the Toronto Arts Council to be finalized.
Votes:
The first Operative Paragraph embodied in Motion J(18) carried, more than two-thirds of
Members present having voted in the affirmative.
The balance of Motion J(18) was adopted, without amendment.
12.75 Councillor Chow moved that, in accordance with subsection 27(3) of the Council Procedural
By-law, leave be granted to introduce the following Notice of Motion J(19), which carried:
Moved by: Mayor Lastman
Seconded by: Councillor Chow
WHEREAS City Council at its meeting held on September 28 and 29, 1999, adopted
without amendment, a Motion respecting the proposed closure and sale to the
University of Toronto of the public lane located north of College Street,
extending easterly from Huron Street and, in doing so, adopted the report dated
September 27, 1999, from the Commissioner of Works and Emergency Services
recommending that the public lane be stopped up and closed, and also adopted the
report dated September 27, 1999, from the Acting Commissioner of Corporate
Services, recommending that the lane be declared surplus and be sold to the
University of Toronto at a price to be determined by Council; and
WHEREAS City Council directed the Acting Commissioner of Corporate Services to
report to City Council at its meeting scheduled to be held on October 26, 1999, on
the amount of compensation the City should receive from the University of Toronto
for the fee in the subject lane; and
WHEREAS the Acting Commissioner of Corporate Services has prepared a report dated
October 26, 1999, recommending the amount of compensation the City should receive
for the subject lane and setting out an alternative method of payment proposed by
the University of Toronto;
NOW THEREFORE BE IT RESOLVED THAT City Council consider and adopt the report dated
October 26, 1999, from the Acting Commissioner of Corporate Services, respecting
the amount of compensation the City should receive for the subject lane and
approve the proposal set forth by the University of Toronto for the establishment
of the Dan Leckie City of Toronto Bursaries fund.
Council had before it, during consideration of Motion J(19), a report (October 26, 1999)
from the Acting Commissioner of Corporate Services, entitled Proposed Closing of
City-owned Public Lane North of College Street, Extending Easterly from Huron Street and
Conveyance to the University of Toronto (Ward 24 - Downtown . (See Attachment No. 5, Page
141)
Motion:
Councillor Chow moved that Motion J(19) be adopted, subject to deleting the Operative
Paragraph and inserting in lieu thereof the following new Operative Paragraph:
NOW THEREFORE BE IT RESOLVED THAT City Council consider and adopt the report
dated October 26, 1999, from the Acting Commissioner of Corporate Services,
respecting the amount of compensation the City should receive for the subject lane
and approve the proposal set forth by the University of Toronto for the
establishment of the Dan Leckie City of Toronto Bursaries fund, in that the
arrangement between the City and the University of Toronto is in the interest of
the City of Toronto.
Votes:
The motion by Councillor Chow carried.
Motion J(19), as amended, carried.
Council, by its adoption of Motion J(19), as amended, adopted, without amendment, the
report dated October 26, 1999, from the Acting Commissioner of Corporate Services,
embodying the following recommendations:
It is recommended that:
(1) Council set the sale price for the fee in the public lane located north of
College Street, extending easterly from Huron Street at $460,000.00;
(2) subject to Council concurrence, in lieu of direct payment to the City of
$460,000.00, the proposal set forth by the University of Toronto for the
establishment of the Dan Leckie City of Toronto Bursaries fund be
approved;
(3) the details respecting the establishment and ongoing administration of the
Bursaries be subject to the approval of the Chief Administrative Officer;
(4) authority be granted for the City to execute any documents necessary to
give effect to the foregoing; and
(5) the appropriate City Officials be authorized and directed to take the
necessary action to give effect to the foregoing.
12.76 Mayor Lastman moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(20), which
carried, more than two-thirds of Members present having voted in the affirmative:
Moved by: Mayor Lastman
Seconded by: Councillor Ootes
WHEREAS City Council at its meeting held on December 16, and 17, 1998, by its
adoption, as amended, of Clause No. 1 of Report No. 9 of The Striking Committee,
headed Appointment of Members of Council to the Greater Toronto Services Board ,
approved the appointment of 10 Members of Council and their respective alternates,
plus the appointment of Councillor Case Ootes as the alternate for Mayor Mel
Lastman on the Greater Toronto Services Board (GTSB); and
WHEREAS appointments to the GTSB are to expire on November 30, 1999, and there
have only been seven GTSB meetings and momentum and continuity are vital in these
early stages;
NOW THEREFORE BE IT RESOLVED THAT, notwithstanding the provisions of
subsection 103(1) of the Council Procedural By-law, the current members and their
alternates remain on the GTSB for a term expiring November 30, 2000, and until
their successors are appointed;
AND BE IT FURTHER RESOLVED THAT leave be granted for the introduction of any
necessary bills in Council to give effect thereto.
Motion:
Councillor Layton moved that Motion J(20) be adopted, subject to:
(1) deleting from the Operative Paragraph the date November 30, 2000 , and inserting
in lieu thereof the date January 1, 2000 ; and
(2) adding thereto the following new Operative Paragraph:
AND BE IT FURTHER RESOLVED THAT the Striking Committee be requested to report
back to Council with respect to the appointments to the Greater Toronto Services
Board for the balance of the term.
Votes:
Adoption of motion by Councillor Layton:
Yes - 24
Councillors: Adams, Altobello, Ashton, Berardinetti, Bussin, Chow,
Filion, Holyday, Jakobek, Johnston, Jones, Kinahan, Layton,
Li Preti, Miller, Minnan-Wong, Moscoe, Nunziata, Pantalone,
Prue, Rae, Saundercook, Silva, Sinclair
No - 13
Mayor: Lastman
Councillors: Balkissoon, Bossons, Brown, Davis, Disero, Feldman,
Giansante, Korwin-Kuczynski, Lindsay Luby, Moeser, Ootes,
Shiner
Carried by a majority of 11.
Motion J(20) carried, as amended.
Advice of the City Clerk:
The City Clerk, during the afternoon session of the meeting on October 27, 1999, advised
the Council that, based on a further review of the Greater Toronto Services Board Act,
1998, and having regard for subsection 7.(3) of the Act which stipulates that Each member
of the Board shall be appointed for a term of one, two or three years, as each appointing
council shall determine. , and subsection 7.(4) of the Act which stipulates that The term
of a member of the Board ends on November 30 of the last year of his or her term. , the
decision of Council in regard to Motion J(20) would not be in order.
Motion to re-open:
Councillor Layton, with the permission of Council, moved that, in accordance with
Section 46 of the Council Procedural By-law, Motion J(20) be re-opened for further
consideration, which carried, more than two-thirds of Members present having voted in the
affirmative.
Motion:
Councillor Layton moved that Motion J(20) be referred to the Striking Committee, with a
request that the Committee report to the next regular meeting of City Council to be held
on November 23, 1999, on any proposed changes to the membership of the Greater Toronto
Services Board.
Vote:
The motion by Councillor Layton carried.
12.77 Councillor Moeser moved that, in accordance with subsection 27(3) of the Council
Procedural By-law, leave be granted to introduce the following Notice of Motion J(21),
which carried:
Moved by: Councillor Moeser
Seconded by: Councillor King
WHEREAS City Council at its meeting held on July 6, 7 and 8, 1999, had before it
a Notice of Motion by Councillor Moeser, seconded by Councillor King, respecting a
Site Plan Control application for the establishment of a self storage unit
facility at 34 Morrish Road, which recommended, inter alia, that the Commissioner
of Urban Planning and Development Services be directed to undertake a planning
study pertaining to the area within the Highland Creek Community, from
approximately the Military Trail to east of the Highland Creek overpass; and that
Council impose, for a period of one year from passage, interim control
restrictions through passage of an interim control by-law; and
WHEREAS Council referred the aforementioned Notice of Motion to the Acting
Commissioner of Urban Planning and Development Services for report thereon to
Council; and
WHEREAS the Acting Commissioner of Urban Planning and Development Services has
submitted the attached report dated October 26, 1999, in response to Council s
direction;
NOW THEREFORE BE IT RESOLVED THAT, in accordance with subsection 27(3) of the
Council Procedural By-law, Council give consideration to the report dated October
26, 1999, from the Acting Commissioner of Urban Planning and Development
Services.
Council had before it, during consideration of Motion J(21), a report (October 26, 1999)
from the Acting Commissioner of Urban Planning and Development Services, entitled
Proposed Interim Control By-law, Highland Creek Village, Scarborough Highland Creek .
(See Attachment No. 6, Page 143)
Motion:
Councillor Moeser moved that Motion J(21) be adopted, subject to adding the following new
Operative Paragraph:
AND BE IT FURTHER RESOLVED THAT:
(a) the report dated October 26, 1999, from the Acting Commissioner of Urban
Planning and Development Services, embodying the following recommendations,
be adopted:
It is recommended that:
(1) City Council not approve the request for an Interim Control By-law
for several locations in the Highland Creek Village; and
(2) Urban Design criteria to maintain or enhance a village character
within the Highland Creek Village core be established through the
2000 Work Program for Urban Design, City Planning, East District. ;
and
(b) the development of urban design criteria be given a high priority by Urban
Design staff within the Urban Planning and Development Services Department,
and the Acting Commissioner of Urban Planning and Development Services be
requested to submit a workplan in regard thereto to the December meeting of
the Scarborough Community Council.
Votes:
The motion by Councillor Moeser carried.
Motion J(21), as amended, carried.
12.78 Councillor Jakobek moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(22), which
carried, more than two-thirds of Members present having voted in the affirmative:
Moved by: Mayor Lastman
Seconded by: Councillor Jakobek
WHEREAS City Council, at its meeting held on February 4, 1999, adopted By-law
No. 67-1999, being a by-law to authorize temporary advances pending the issue and
sale of debentures and raising money by way of loan on the debentures; and
WHEREAS some lenders have indicated to the City that subsection 188(1) of the
Municipal Act requires City Council to identify specific undertakings which may be
the subject of temporary borrowing by the Treasurer, pursuant to subsection 1(a)
of By-law No. 67-1999; and
WHEREAS it is necessary to expeditiously amend By-law No. 67-1999 to identify such
specific undertakings and to satisfy the concerns of such lenders to permit timely
temporary borrowing; and
WHEREAS the Chief Financial Officer and Treasurer has indicated that such an
amendment to By-law No. 67-1999 is suitable and appropriate and will assist with
the process of temporary borrowing further to the By-law;
NOW THEREFORE BE IT RESOLVED THAT authority be granted for the introduction of a
Bill in Council in the form attached as Appendix A , to amend By-law No. 67-
1999.
Vote:
Adoption of Motion J(22), without amendment:
Yes - 43
Mayor: Lastman
Councillors: Altobello, Ashton, Augimeri, Balkissoon, Berardinetti,
Berger, Bossons, Brown, Bussin, Chong, Chow, Disero, Duguid,
Feldman, Filion, Holyday, Jakobek, Johnston, Jones, Kinahan,
King, Korwin-Kuczynski, Li Preti, Lindsay Luby, Mahood,
Mihevc, Miller, Minnan-Wong, Moeser, Nunziata, O Brien,
Ootes, Pantalone, Pitfield, Prue, Rae, Saundercook, Shaw,
Shiner, Sinclair, Soknacki, Walker
No - 1
Councillor: Giansante
Carried by a majority of 42.
(A copy of Appendix A to Motion J(22) is on file in the office of the City Clerk.)
12.79 Councillor Rae gave notice of the following Motion to permit consideration at the next
regular meeting of City Council to be held on November 23, 1999:
Moved by: Councillor Rae
Seconded by: Councillor Jakobek
WHEREAS City Council, at its meeting held on September 28 and 29, 1999, adopted,
as amended, Clause No. 1 of Report No. 12 of The Toronto Community Council, headed
Ontario Municipal Board Appeal - Committee of Adjustment Decision - 7 Gange
Avenue ; and
WHEREAS in adopting this Clause, as amended, Council authorized the City Solicitor
to retain outside planning consultants, as needed;
NOW THEREFORE BE IT RESOLVED THAT, in accordance with Section 46 of the Council
Procedural By-law, Clause No. 1 of Report No. 12 of The Toronto Community Council,
headed Ontario Municipal Board Appeal - Committee of Adjustment Decision - 7
Gange Avenue , be re-opened for further consideration;
AND BE IT FURTHER RESOLVED THAT City Council not retain outside planning
consultants for the appeal and that the Clause be referred back to the Toronto
Community Council for further consideration.
12.80 Councillor Bussin moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(24), which
carried, more than two-thirds of Members present having voted in the affirmative:
Moved by: Councillor Bussin
Seconded by: Councillor Jakobek
WHEREAS the development plans for 1307-09 Queen Street East have been approved;
and
WHEREAS the Notice for demolition is currently posted; and
WHEREAS the process for the demolition could take another 30 days; and
WHEREAS the owner is having difficulty securing the buildings; and
WHEREAS the applicant is not proposing to erect new buildings on the land the
above properties occupy at this time; and
WHEREAS the buildings present a community safety risk; and
WHEREAS the above properties are subject to Chapter 146-16-C of the Municipal Code
and Demolition Permit No. 101954 has been applied for by Nancy Hawley, Eastend
Developments Ltd.;
NOW THEREFORE BE IT RESOLVED THAT, notwithstanding the requirements of
Chapter 146-16, and provided that no objections are received by the end of the day
on November 2, 1999, the Acting Commissioner of Urban Planning and Development
Services be directed to issue the demolition permit.
Vote:
Motion J(24) was adopted, without amendment.
12.81 Councillor Rae moved that subsections 26(4), 27(1) and 28(1) of the Council Procedural
By-law be waived to permit consideration of the following Notice of Motion J(25), which
carried, more than two-thirds of Members present having voted in the affirmative:
Moved by: Councillor Rae
Seconded by: Councillor King
BE IT RESOLVED THAT City Council extend its appreciation to the Toronto Symphony
Orchestra for the joy they bring to the City.
Vote:
Motion J(25) was adopted unanimously, without amendment.
BILLS AND BY-LAWS
12.82 On October 26, 1999, at 7:48 p.m., Councillor Shaw, seconded by Councillor Gardner, moved
that leave be granted to introduce the following Bill, and that this Bill, prepared for
this meeting of Council, be passed and hereby declared as a By-law:
Bill No. 748 By-law No. 669-1999 To confirm the proceedings of the
Council at its meeting held on the
26th day of October, 1999,
the vote upon which was as follows:
Yes - 37
Mayor: Lastman
Councillors: Adams, Ashton, Augimeri, Berardinetti, Brown, Bussin, Chong,
Chow, Duguid, Feldman, Flint, Gardner, Giansante, Holyday,
Jakobek, Johnston, Jones, Kinahan, King, Korwin-Kuczynski,
Lindsay Luby, McConnell, Mihevc, Moscoe, Nunziata, O Brien,
Ootes, Pantalone, Prue, Rae, Shaw, Shiner, Silva, Sinclair,
Tzekas, Walker
No - 1
Councillor: Altobello
Carried by a majority of 36.
12.83 On October 27, 1999, at 7:54 p.m., Councillor Minnan-Wong, seconded by Councillor Berger,
moved that leave be granted to introduce the following Bills, and that these Bills,
prepared for this meeting of Council, be passed and hereby declared as By-laws, which
carried, more than two-thirds of Members present having voted in the affirmative:
Bill No. 726 By-law No. 670-1999 To amend further By-law No. 15-92 of
the former Municipality of
Metropolitan Toronto respecting
pensions and other benefits.
Bill No. 727 By-law No. 671-1999 To amend further By-law No. 15-92 of
the former Municipality of
Metropolitan Toronto respecting
pensions and other benefits.
Bill No. 728 By-law No. 672-1999 To amend further By-law No. 181-81 of
the former Municipality of
Metropolitan Toronto respecting
pensions and other benefits.
Bill No. 729 By-law No. 673-1999 To amend further By-law No. 181-81 of
the former Municipality of
Metropolitan Toronto respecting
pensions and other benefits.
12.84 On October 27, 1999, at 7:55 p.m., Councillor Minnan-Wong, seconded by Councillor Berger,
moved that, having regard that no one has expressed an interest in addressing City Council
in respect of the following Bill, leave be granted to introduce such Bill, and that this
Bill, prepared for this meeting of Council, be passed and hereby declared as a By law,
which carried:
Bill No. 731 By-law No. 674-1999 To stop up and close the public lane
45.73 metres north of College Street,
extending easterly from Huron Street
and to authorize the sale thereof.
12.85 On October 27, 1999, at 7:56 p.m., Councillor Minnan-Wong, seconded by Councillor Berger,
moved that leave be granted to introduce the following Bills, and that these Bills,
prepared for this meeting of Council, be passed and hereby declared as By-laws, which
carried:
Bill No. 673 By-law No. 675-1999 To amend the Municipal Code of the
former City of Etobicoke with respect
to Traffic - Chapter 240, Article I.
Bill No. 674 By-law No. 676-1999 To amend Chapter 400, Traffic and
Parking, of the Municipal Code of the
former City of Toronto, to amend the
rates, duration times and hours of
operations of parking meters on
streets under the jurisdiction of the
City of Toronto.
Bill No. 675 By-law No. 677-1999 To amend former City of North York
By-law No. 7625 in respect of lands
municipally known as
1857 Leslie Street.
Bill No. 676 By-law No. 678-1999 To amend former City of North York
By-law No. 7625 in respect of lands
municipally known as 50 and
60 Oak Street.
Bill No. 677 By-law No. 679-1999 To amend Zoning By-law No. 438-86 of
the former City of Toronto respecting
lands known as No. 1 Silver Avenue.
Bill No. 678 By-law No. 680-1999 To repeal By-law No. 494-95 of the
former City of Toronto being
A By law to designate the property
at 123 Eglinton Avenue East as being
of architectural value or interest .
Bill No. 679 By-law No. 681-1999 To amend former City of North York
By-law No. 7625 in respect of lands
municipally known as
760 Lawrence Avenue West.
Bill No. 680 By-law No. 682-1999 To amend former City of North York
By-law No. 7625 in respect of lands
municipally known as 1 Upwood Avenue.
Bill No. 681 By-law No. 683-1999 To enact a by-law pursuant to
Chapter 134 of the Etobicoke
Municipal Code, a by-law providing
for the designation of fire routes in
the geographic area of Etobicoke, a
by-law of the former City of
Etobicoke.
Bill No. 682 By-law No. 684-1999 To appoint Dr. Lori Kiefer Associate
Medical Officer of Health for the
City of Toronto Health Unit.
Bill No. 683 By-law No. 685-1999 To adopt an amendment to the Official
Plan for the former City of Toronto
respecting lands known as 866 Avenue
Road.
Bill No. 684 By-law No. 686-1999 To amend By-law No. 438-86 of the
former City of Toronto, as amended,
respecting 866 Avenue Road.
Bill No. 685 By-law No. 687-1999 To amend further By-law No. 23503 of
the former City of Scarborough,
respecting the regulation of traffic
on Toronto Roads.
Bill No. 686 By-law No. 688-1999 To amend further By-law No. 23506 of
the former City of Scarborough,
respecting pedestrian crossovers.
Bill No. 687 By-law No. 689-1999 To amend further By-law No. 23505 of
the former City of Scarborough,
respecting the speed limits on
Toronto Roads.
Bill No. 688 By-law No. 690-1999 To amend further By-law No. 23504 of
the former City of Scarborough,
respecting the regulation of traffic
on Toronto Roads.
Bill No. 689 By-law No. 691-1999 To amend the Municipal Code of the
former City of Etobicoke with respect
to Traffic - Chapter 240, Article I.
Bill No. 690 By-law No. 692-1999 To amend further Metropolitan Toronto
By-law No. 109-86 respecting maximum
rates of speed on certain former
Metropolitan Roads.
Bill No. 691 By-law No. 693-1999 To amend further Metropolitan Toronto
By-law No. 32-92, respecting the
regulation of traffic on former
Metropolitan Roads.
Bill No. 692 By-law No. 694-1999 To amend further By-law No. 92-93, a
by-law To regulate traffic on roads
in the Borough of East York , being a
by-law of the former Borough of
East York.
Bill No. 693 By-law No. 695-1999 To amend By-law No. 17-94, entitled
To prohibit the discharge of guns or
firearms , being a by-law of the
former Borough of East York.
Bill No. 694 By-law No. 696-1999 To further amend former
City of Toronto By-law No. 602-89,
being A By-law to authorize the
construction, widening, narrowing,
alteration and repair of sidewalks,
pavements and curbs at various
locations , respecting the alteration
of Morningside Avenue by the
installation of speed humps from
Rambert Crescent to
Windermere Avenue.
Bill No. 695 By-law No. 697-1999 To further amend former
City of Toronto By-law No. 602-89,
being A By-law to authorize the
construction, widening, narrowing,
alteration and repair of sidewalks,
pavements and curbs at various
locations , respecting the alteration
of Kennedy Avenue by the installation
of speed humps from Bloor Street West
to Morningside Avenue.
Bill No. 696 By-law No. 698-1999 To further amend former City of
Toronto By-law No. 602-89, being
A By-law to authorize the
construction, widening, narrowing,
alteration and repair of sidewalks,
pavements and curbs at various
locations , respecting the alteration
consisting of the widening of the
pavement by the construction of a
lay-way on the south side of
Eglinton Avenue East near
Redpath Avenue.
Bill No. 697 By-law No. 699-1999 To stop up and close the remnant
portion of the public lane crossing
Harris Road and to authorize the sale
thereof.
Bill No. 698 By-law No. 700-1999 To amend By-law No. 31001 of the
former City of North York, as
amended.
Bill No. 699 By-law No. 701-1999 To amend By-law No. 31001 of the
former City of North York, as
amended.
Bill No. 700 By-law No. 702-1999 To amend By-law No. 31878, as
amended, of the former City of
North York.
Bill No. 701 By-law No. 703-1999 To amend By-law No. 31001 of the
former City of North York, as
amended.
Bill No. 702 By-law No. 704-1999 To amend By-law No. 31001 of the
former City of North York, as
amended.
Bill No. 703 By-law No. 705-1999 To amend By-law No. 31001 of the
former City of North York, as
amended.
Bill No. 704 By-law No. 706-1999 To establish certain lands as a
municipal highway.
Bill No. 705 By-law No. 707-1999 To amend By-law No. 2958-94 of the
former City of York, being a
By-law To regulate traffic on City
of York Roads .
Bill No. 706 By-law No. 708-1999 To amend By-law No. 196-84 of the
former City of York, being a By-law
To regulate Traffic on City of York
Roads .
Bill No. 707 By-law No. 709-1999 To amend By-law No. 10327, the West
Hill Community Zoning By-law of the
former City of Scarborough.
Bill No. 708 By-law No. 710-1999 To amend Scarborough Zoning By -Law
No. 9511 with respect to the
Wexford Community.
Bill No. 709 By-law No. 711-1999 To amend the Scarborough Employment
Districts Zoning By-law No. 24982
with respect to the
Milliken Employment District.
Bill No. 710 By-law No. 712-1999 To amend By-law No. 10327, the West
Hill Community Zoning By-law of the
former City of Scarborough.
Bill No. 711 By-law No. 713-1999 To designate the property at
832 Bay Street (McLaughlin Motor Car
Showroom) as being of architectural
and historical value or interest.
Bill No. 712 By-law No. 714-1999 To Levy and Collect Taxes for 1999 on
Certain Railway Company and Power
Utility Lands.
Bill No. 713 By-law No. 715-1999 To adopt an amendment to the Official
Plan for the former City of Toronto
respecting lands known as
910 Logan Avenue, as amended.
Bill No. 714 By-law No. 716-1999 To amend By-law No. 438-86 of the
former City of Toronto, as amended,
respecting 910 Logan Avenue, as
amended.
Bill No. 715 By-law No. 717-1999 To adopt an amendment to the Official
Plan for the former City of Toronto
with respect to lands known as
700 and 730 Mount Pleasant Road,
including lands formerly known as
226 Soudan Avenue.
Bill No. 716 By-law No. 718-1999 To amend the General Zoning By-law
No. 438-86 of the former
City of Toronto with respect to the
lands known as 700 and
730 Mount Pleasant Road, including
lands formerly known as
226 Soudan Avenue.
Bill No. 717 By-law No. 719-1999 To amend By-law No. 31001 of the
former City of North York, as
amended.
Bill No. 718 By-law No. 720-1999 To amend By-law No. 30518 of the
former City of North York, as
amended.
Bill No. 719 By-law No. 721-1999 To amend By-law No. 31001 of the
former City of North York, as
amended.
Bill No. 720 By-law No. 722-1999 To amend the former City of Toronto
Municipal Code Ch. 400, Traffic and
Parking, respecting Armadale Avenue,
Balfour Avenue, Clendenan Avenue,
Coxwell Avenue, Dovercourt Road,
Glenlake Avenue, Oakcrest Avenue, and
Sultan Street.
Bill No. 721 By-law No. 723-1999 To amend the former City of Toronto
Municipal Code Chapter 194,
Footpaths, Bicycle Lanes and
Pedestrian Ways, re: Bicycle lanes on
Poplar Plains Road, as amended.
Bill No. 722 By-law No. 724-1999 To amend the former City of Toronto
Municipal Code Ch. 400, Traffic and
Parking, respecting Briar Hill
Avenue, Coxwell Avenue, Davenport
Road, Ellerbeck Street, Elm Street,
Grenville Street, Grosvenor Street,
Hagar Avenue, Poplar Plains Road,
Shaftesbury Avenue, Sultan Street,
Walker Avenue and the lane first east
of Pape Avenue between Dundas Street
East and Audley Avenue, as amended.
Bill No. 723 By-law No. 725-1999 To amend By-law No. 603-1998, being a
By-law To Establish a Property Tax
Assistance Program for Eligible Low
Income Disabled Persons and Low
Income Seniors who are Owners of
Residential Real Property in the City
of Toronto , as amended.
Bill No. 724 By-law No. 726-1999 To Create a Tax Rebate Program for
Veteran s Clubhouses and Legion
Halls, as amended.
Bill No. 725 By-law No. 727-1999 To Provide for the Levy and
Collection of Special Charges for the
Year 1999 in Respect of the Village
of Islington Business Improvement
Area.
Bill No. 730 By-law No. 728-1999 To amend City of Toronto By-law
No. 528-1999 respecting the
regulation of traffic on certain
highways during periods of emergency
occasioned by the fall of snow, as
amended.
Bill No. 732 By-law No. 729-1999 To amend Restricted Area Zoning
By-law No. 1916, as amended, of the
former Town of Leaside, respecting
lands known as 206 Laird Drive and
186 Parkhurst Boulevard.
Bill No. 733 By-law No. 730-1999 A By-law to Establish a Scale of
Costs for Proceedings under the
Municipal Tax Sales Act.
Bill No. 734 By-law No. 731-1999 To amend the former City of Toronto
Municipal Code Chapter 20, Business
Improvement Areas, to make changes to
the size and quorum for certain
Boards of Management and to make
changes to ward names.
Bill No. 736 By-law No. 732-1999 To amend the former City of Toronto
Municipal Code Ch. 400, Traffic and
Parking, respecting Front Yard
Parking.
Bill No. 737 By-law No. 733-1999 To amend the former City of Toronto
Municipal Code Ch. 400, Traffic and
Parking, respecting Front Yard
Parking.
Bill No. 738 By-law No. 734-1999 To amend City of Toronto By-law
No. 67-1999.
Bill No. 739 By-law No. 735-1999 To amend Chapters 340 and 342 of the
Etobicoke Zoning Code with respect to
certain lands located on the west
side of Royal York Road, north of
Vanevery Street and municipally known
as 200 Royal York Road.
Bill No. 740 By-law No. 736-1999 To amend Chapter 330 of the Etobicoke
Zoning Code with respect to certain
lands located on the north side of
Fairfield Avenue west of Twenty
Fourth Street.
Bill No. 741 By-law No. 737-1999 To amend further Metropolitan Toronto
By-law No. 20-85, a by-law
Respecting the licensing, regulating
and governing of trades, callings,
businesses and occupations in the
Metropolitan Area , a by-law of the
former Municipality of Metropolitan
Toronto, respecting licence fees.
Bill No. 742 By-law No. 738-1999 To amend By-law No. 81-89, entitled
A By-law to regulate the height and
description of lawful fences , being
a by-law of the former Borough of
East York.
Bill No. 743 By-law No. 739-1999 To amend Chapter 324 of the Etobicoke
Zoning Code and to lift the Holding
H provision on a portion of the
lands municipally known as 112 Evans
Avenue.
Bill No. 744 By-law No. 740-1999 To amend By-law No. 81-89, entitled
A By-law to regulate the height and
description of lawful fences , being
a by-law of the former Borough of
East York.
Bill No. 745 By-law No. 741-1999 To amend the General Zoning By-law
No. 438-86 of the Former City of
Toronto with respect to the lands
municipally known in 1988 as
266 MacDonell Avenue.
Bill No. 746 By-law No. 742-1999 To amend the former City of Toronto
Municipal Code Ch. 400, Traffic and
Parking respecting Poplar Plains
Road.
Bill No. 747 By-law No. 743-1999 To amend By-law No. 438-86 of the
former City of Toronto, with respect
to the lands municipally known in
1998 as 720-724 Kingston Road and 35R
Lyall Avenue.
12.86 On October 27, 1999, at 7:57 p.m., Councillor Pitfield, seconded by Councillor Johnston,
moved that leave be granted to introduce the following Bill, and that this Bill, prepared
for this meeting of Council, be passed and hereby declared as a By-law:
Bill No. 749 By-law No. 744-1999 To confirm the proceedings of the
Council at its meeting held on the
26th and 27th days of October, 1999,
the vote upon which was as follows:
Yes - 43
Mayor: Lastman
Councillors: Adams, Ashton, Augimeri, Berardinetti, Berger, Brown,
Bussin, Chong, Chow, Davis, Disero, Duguid, Feldman, Flint,
Gardner, Giansante, Holyday, Jakobek, Johnston, Jones,
Kinahan, King, Korwin-Kuczynski, Layton, Li Preti,
Lindsay Luby, McConnell, Mihevc, Miller, Minnan-Wong,
O Brien, Ootes, Pantalone, Pitfield, Prue, Saundercook,
Shaw, Shiner, Silva, Soknacki, Tzekas, Walker
No - 1
Councillor: Altobello
Carried by a majority of 42.
The following Bill was withdrawn:
Bill No. 735 Respecting extending the term of appointments of Members of Council to the
Greater Toronto Services Board (GTSB).
The authority for this Bill, Notice of Motion J(20), was referred to the
Striking Committee for further consideration and report thereon to the next
regular meeting of City Council.
OFFICIAL RECOGNITIONS:
12.87 Condolence Motions
Councillor Pantalone, seconded by Mayor Lastman, moved that:
WHEREAS the Members of City Council are deeply saddened to learn of the passing
of Miss Margaret Jackson, on Thursday, October 14, 1999; and
WHEREAS Miss Jackson, an accountant by profession, derived her greatest
satisfaction from a lifetime of volunteering, including the Red Cross as a nursing
assistant, 25 years with the Women s College Hospital, as president of the Young
Women s Canadian Club, and as president of the Toronto Business and Professional
Women s Club; and
WHEREAS Margaret Jackson was a member of the Toronto Mayor s Committee on Aging
from 1991-1995, including Vice-Chair in 1995 and editor of the Communications
Committee and editor of FAST, the newsletter of the Toronto Mayor s Committee on
Aging; and
WHEREAS Margaret Jackson became a member and Vice-Chair of the City of Toronto s
Committee on the Status of Women in 1997; and
WHEREAS Miss Jackson performed dedicated service both as Associate Director and
Director of the Canadian National Exhibition Association throughout the 1990s, in
addition to being an active participant in the Association s committees, such as
the Archives and Foundation Committee, Education and Learning Cluster and the
2000 Task Force; and
WHEREAS Miss Jackson s achievements also included assisting in the preparation and
presentation of several briefs to the Ontario government on the family, pay equity
and the appointment of more women to provincial boards and commissions, her
Chairing of committees that offered major contributions to the report on the
status of women in Canada, and her appointment to the UNESCO (United Nations
cultural organization) Status of Women organization; and
WHEREAS upon her retirement in 1982, Miss Jackson became even more active in
committees concerned with the status of women in Canada, and through these many
accomplishments Miss Jackson became known as a rights advocate who helped break
new ground for women, and as a leader and source of strength and wisdom, who will
be sorely missed by her community, friends and family;
NOW THEREFORE BE IT RESOLVED THAT the City Clerk be directed to convey, on behalf
of Members of City Council, our sincere sympathy to the family of Miss Margaret
Jackson.
Leave to introduce the Motion was granted and the Motion carried unanimously.
Council rose and observed a moment of silence in memory of Miss Jackson.
12.88 Presentations/Introductions/Announcements:
October 26, 1999:
Councillor Silva, during the morning session of the meeting, introduced Dr. Antonio
Camilo, Mayor of Odemira, Dr. Jose Ernesto, President of the Commission of Co-ordination
for the Region of Alentejo, Dr. Taveira Pinto, Mayor of Ponte De Sor, and the singing
group, Contos D Aurora, present at the meeting.
Mayor Lastman, during the morning session of the meeting, introduced Princess Sharifa Zein
bint Nasser of Jordan, cousin of the King of Jordan, present at the meeting, and advised
the Council that the Princess is visiting Toronto to promote a Jordanian exhibition which
will be held in the year 2000 at the Royal Ontario Museum.
Councillor Shaw, during the morning session of the meeting, introduced the Senior s Group
from Yee Hong Centre for Geriatric Care Seniors Club, present at the meeting.
Councillor Saundercook, during the afternoon session, advised the Council that Mayor
Lastman had proclaimed October 11-19, 1999, as Dystonia Awareness Week in the City of
Toronto, and, with the permission of Council, read the proclamation regarding Dystonia.
Councillor Li Preti, during the afternoon session of the meeting, introduced the following
delegation from the City of Cebu, Philippines, present at the meeting:
- Alvin Garcia, Mayor, City of Cebu;
- Rogelio G. Villanobos, Chief Cebu City Protocol Office;
- Procopio E. Fernandez, Cebu City Councillor;
- Dr. Fe Mantua-Ruiz, Cebu City Councillor;
- Ronald V. Cuenco, Cebu City Councillor;
- Atty. Cornelius M. Gonzales, Consultant, Committee on Local and International
Affairs;
- Ma. Theresa L. Padriga, Executive Secretary, Mayor s Office;
- Artemio C. Tudtud, Barangay Councillor;
- Benito B. Suico, Barangay Councillor;
- Ana C. Tabal, Barangay Captain;
- Florian J. Doctor, Businessman; and
- John M. Ruiz, Businessman.
Deputy Mayor Ootes, during the afternoon session of the meeting, introduced a group of
Grade 5 students from Chester Public School, present at the meeting.
October 27, 1999:
Deputy Mayor Ootes, during the morning session of the meeting, introduced the Adult ESL
Class from the LINC Centre, present at the meeting.
Deputy Mayor Ootes, during the afternoon session of the meeting, invited Ms. Anne Golden,
President of the United Way, to the podium; Ms. Golden addressed the Council in regard to
the 1999 United Way Campaign and invited Members of Council to view a video presentation
respecting the campaign.
Councillor Anne Johnston, with the permission of Council, addressed the Council as the
United Way Canvasser for Council; encouraged all Members of Council to generously donate
to this year s United Way Campaign; and advised the Council that the following Members of
Council, representing all areas of the City, had volunteered their time to assist in the
canvassing of Members of Council:
- Councillor Irene Jones, Lakeshore-Queensway;
- Councillor David Miller, High Park-Parkdale;
- Councillor Jane Pitfield, East York;
- Councillor Joe Mihevc, York Eglinton;
- Councillor Michael Feldman, North York Spadina;
- Councillor Joan King, Seneca Heights; and
- Councillor David Soknacki, Scarborough Highland Creek.
Councillor Layton, during the afternoon session of the meeting, introduced the
representatives of the Cycling Ambassador Program present at the meeting; advised the
Council that the City of Toronto had been the recipient of the Bicycling Magazine Award,
designating the City as one of the ten best cities in Ontario for cycling; and presented
to Mayor Lastman, on behalf of the Ambassador Program, the official Bicycling Magazine
Award and a cycling helmet.
Mayor Lastman advised the Council that on Saturday, October 30, 1999, Canadian Tire Stores
in the City of Toronto will be accepting broken bicycles that have been donated by the
citizens of the City of Toronto. The Mayor further advised the Council that these donated
bicycles will be fixed and given to children in the City of Toronto who do not own a
bicycle, and encouraged all of the citizens of the City of Toronto to participate in this
important initiative.
Deputy Mayor Ootes, during the afternoon session of the meeting, introduced a group of
Grades 7 and 8 students from St. Thomas Aquinas School, present at the meeting.
Councillor Korwin-Kuczynski, during the afternoon session of the meeting, introduced
Mr. Jan Golba, Mayor of the City of Krynica, Poland, present at the meeting.
12.89 MOTIONS TO VARY PROCEDURE
Waive the provisions of the Procedural By-law related to meeting times:
October 26, 1999:
Councillor Gardner, at 12:30 p.m., moved that, in accordance with subsection 11(8) of the
Council Procedural By-law, Council waive the requirement of the 12:30 p.m. recess, in
order to conclude consideration of Clause No. 16 of Report No. 8 of The Policy and Finance
Committee, headed Fees Charged for Police Reference Checks , which carried, more than
two-thirds of Members present having voted in the affirmative.
Councillor Saundercook, at 7:30 p.m., moved that, in accordance with subsection 11(8) of
the Council Procedural By-law, Council waive the requirement of the 7:30 p.m. recess, in
order to conclude consideration of Clause No. 2 of Report No. 4 of The Community Services
Committee, headed Request to Enact the Emergency By-law to Assist Homeless People , which
carried, more than two-thirds of Members present having voted in the affirmative.
October 27, 1999:
Deputy Mayor Ootes, at 12:25 p.m., proposed that Council recess and reconvene at 2:00 p.m.
Council concurred in the proposal by Deputy Mayor Ootes.
Councillor Chong, at 7:30 p.m., moved that, in accordance with subsection 11(8) of the
Council Procedural By-law, Council waive the requirement of the 7:30 p.m. recess, in order
to conclude consideration of all matters remaining on the Order Paper for this meeting of
Council, which carried, more than two-thirds of Members present having voted in the
affirmative.
12.90 ATTENDANCE
Councillor Mihevc, seconded by Councillor Chow, moved that the absence of Councillors Cho,
Kelly and Sgro from this meeting of Council be excused, which carried.
October 26, 1999 9:45 a.m. to 12:35 Roll Call 2:15 2:15 p.m. to 7:49
p.m.* p.m. p.m.*
Lastman x - x
Adams x - x
Altobello x x x
Ashton x - x
Augimeri x x x
Balkissoon x - x
Berardinetti x x x
Berger x x x
Bossons x - x
Brown x x x
Bussin x - x
Cho - - -
Chong x - x
Chow x - x
Davis x x x
Disero x x x
Duguid x x x
Feldman x x x
Filion x - x
Flint x x x
Fotinos x x x
Gardner x - x
Giansante x x x
Holyday x x x
Jakobek x x x
Johnston x x x
Jones x x x
Kelly - - -
Kinahan x x x
King x x x
October 26, 1999 9:45 a.m. to 12:35 Roll Call 2:15 2:15 p.m. to 7:49
p.m.* p.m. p.m.*
Korwin-Kuczynski x - x
Layton x x x
Lindsay Luby x x x
Li Preti x x x
Mahood x - x
Mammoliti x x x
McConnell x x x
Mihevc x - x
Miller x x x
Minnan-Wong x - x
Moeser x - -
Moscoe x - x
Nunziata x - x
O Brien x x x
Ootes x x x
Pantalone x x x
Pitfield x x x
Prue x - x
Rae x x x
Saundercook x x x
Sgro - - -
Shaw x x x
Shiner x - x
Silva x - x
Sinclair x - x
Soknacki x x x
Tzekas x - x
Walker x x x
Total 55 33 54
* Members were present for some or all of the time period indicated.
Roll Call 9:45 a.m. Roll Call 2:15 p.m to
October 27, 1999 9:45 a.m. to 2:15 p.m. 7:58 p.m.*
12:25
p.m.*
Lastman - x - x
Adams x x - x
Altobello x x x x
Ashton - x x x
Augimeri - x x x
Balkissoon x x x x
Berardinetti x x - x
Berger x x x x
Bossons x x - x
Brown - x x x
Bussin x x - x
Cho - - - -
Chong x x - x
Chow x x x x
Davis - - - x
Disero x x x x
Duguid x x x x
Feldman - x - x
Filion - x - x
Flint x x - x
Fotinos x x - x
Gardner - x x x
Giansante - x x x
Holyday x x x x
Jakobek x x - x
Johnston - x x x
Jones - x - x
Kelly - - - -
Kinahan - x x x
Roll Call 9:45 a.m. Roll Call 2:15 p.m to
October 27, 1999 9:45 a.m. to 2:15 p.m. 7:58 p.m.*
12:25
p.m.*
King x x x x
Korwin-Kuczynski x x x x
Layton - x x x
Lindsay Luby x x x x
Li Preti x x x x
Mahood - x - x
Mammoliti x x - -
McConnell x x - x
Mihevc x x x x
Miller x x x x
Minnan-Wong x x x x
Moeser - x x x
Moscoe x x x x
Nunziata x x x x
O Brien x x x x
Ootes x x x x
Pantalone x x - x
Pitfield x x x x
Prue x x x x
Rae x x x x
Saundercook x x x x
Sgro - - - -
Shaw x x - x
Shiner - x - x
Silva x x x x
Sinclair - x - x
Soknacki x x x x
Tzekas - x - x
Walker x x x x
Roll Call 9:45 a.m. Roll Call 2:15 p.m to
October 27, 1999 9:45 a.m. to 2:15 p.m. 7:58 p.m.*
12:25
p.m.*
Total 37 54 34 54
* Members were present for some or all of the time period indicated.
MEL LASTMAN, NOVINA WONG,
Mayor City Clerk
ATTACHMENT NO. 1
Report dated September 30, 1999, from the Chief Financial Officer and Treasurer, entitled
Feasibility of Implementing a Parking Levy on Private/Public Parking to Support Public
Transit and Application of Revenues from Parking (See Minute No. 12.61, Page 70):
Purpose:
This report examines the feasibility of implementing a parking levy on private and
public parking in support of public transit in the City of Toronto. This report
also provides an overview of the application of revenues from the City s
parking-related programs/services and examines the feasibility of allocating a
portion of existing or future revenues to support the Toronto Transit Commission
(TTC).
Funding Sources:
There are no financial implications for the current year with respect to this
report.
Recommendation:
It is recommended that this report be received for information.
Council Reference:
At its meeting of April 26, 27 and 28, 1999, City Council adopted Clause No. 1 of
Report No. 8 of the Strategic Policies and Priorities Committee, headed
1999 Operating Budget . In adopting the TTC s 1999 Operating Budget, Council
requested a number of reports aimed at generating additional revenues or
allocating revenues from parking-related programs/services to support public
transit in the City, viz.:
(a) on the feasibility of implementing a $1.00 levy that could be charged on
private and public parking in the City of Toronto, to offset future TTC
fare increases;
(b) a recommended comprehensive parking levy, as part of a long-term strategy
to sustain public transit in the City of Toronto, including the feasibility
of dedicating a portion of revenue generated from permit parking, front
yard parking, parking meters and municipal parking lots, such report to
assess the anticipated economic impact of such a parking levy on businesses
in the City of Toronto, as well as any correlation which might be expected
based on past experience with the Commercial Concentration Tax; and
(c) a review of the revenue generated by automobiles (e.g., parking fees,
parking tags, etc.) and that the Planning and Transportation Committee be
directed to recommend to Council what portion of the revenue should be
allocated to the TTC.
Comments:
(1) Feasibility of Implementing a $1.00 Parking Levy on Private/Public Parking:
In order to assess the feasibility of implementing a $1.00 levy that could be
charged on private and public parking in the City of Toronto to offset future TTC
fare increases, it is necessary to know whether the proposed levy is to be based
on, (a) the number of parking spaces or, (b) on a per vehicle parked basis. In
the case of the latter, it is necessary to determine whether the charge of $1.00
per vehicle constitutes a sales tax and, therefore, renders the City ineligible to
collect it. The City s Legal Services Division was requested to provide advice
respecting the City s authority to implement the proposed levy.
Legal Services conducted a comprehensive review of the relevant sections of the
Municipal Act and applicable court decisions. Section 220.1 of the Municipal Act,
which permits a municipality to pass by-laws for imposing fees and charges,
provides as follows:
220.1(2) Despite any Act, a municipality and a local board may pass by-laws
imposing fees or charges on any class of persons,
(a) for services or activities provided or done by or on behalf of it;
...
(c) for the use of its property including property under its control.
...
(4) No by-law under this section shall impose a fee or charge that is based on,
is in respect of, or is computed by reference to,
...
(b) the use, purchase or consumption by a person of property other than
property belonging to or under the control of the municipality or
local board that passes the by-law;
(c) the use, consumption or purchase by a person of a service other
than a service provided or performed by or on behalf of or paid for
by the municipality or local board that passes the by-law;
(6) A by-law under this section may provide for,
(a) fees and charges that are in the nature of a direct tax for the
purpose of raising revenue;
...
The above provisions of the Municipal Act were ruled on by the Ontario Court
(General Division) in the case of Re Carson s Camp Ltd. and a by-law passed by the
Township of Amabel that imposed a fee or charge for each seasonal, tent and
trailer site on campground owners. Based on the decision of the court, it is the
view of Legal Services staff that City has no authority to pass a by-law under
section 220.1 to levy a $1.00 levy on private parking in the City of Toronto on
either the number of parking spaces or on a per vehicle parked basis. Such a levy
would not relate to the use of City property and the City would not be providing
any service, therefore, any such levy would constitute indirect taxation, as the
levy would in all likelihood be passed on to the users of the parking facility for
the purpose of raising revenue for the TTC. Such a levy would also be prohibited
by clauses 220.1(4)(b) and (c) which prohibit Council from passing a by-law in
respect of the use, purchase or consumption of property or a service provided by a
private parking lot operator.
With regard to imposing a levy on public parking spaces operated by the Toronto
Parking Authority, it should be noted that the Toronto Parking Authority is a
local board of the City which has been given jurisdiction over the construction,
maintenance, operation and management of municipal parking facilities. As a local
board, it could pass a by-law under section 220.1 to levy a $1.00 fee on users of
the parking facilities it operates on behalf of the City, however, based on the
Ontario Court ruling in the above-noted case, it is also Legal staff s view that
such a fee could only be used for the purposes of the Toronto Parking Authority
and not for the purpose of offsetting TTC costs.
In the event that a parking tax or levy was imposed only on public parking
facilities operated by the Toronto Parking Authority, such a levy could
potentially create an unfair pricing situation. If such were the case, the
Authority might be required to absorb the tax in its existing rates in order to
remain competitive and thereby such a levy would not result in the generation of
additional revenue. This action could negatively impact the City s share of
Authority revenues that are applied as a corporate funding source in the Operating
Budget.
(2) Feasibility of Implementing a Parking Levy on Residential/Non-Residential
Properties:
In respect to Council s second report request concerning a comprehensive parking
levy to sustain public transit in the City of Toronto, Legal staff was also asked
to advise on whether the City has authority to impose a parking levy on
residential/non-residential properties and, if not, what authority would be
required to enable it to do so. Legal has responded that the City does not have
authority to impose a parking levy on residential/ non-residential properties. In
order to get that authority, special legislation would be required. If an
application for special legislation were made, it would be circulated to various
provincial ministries for comment.
At this point in time Legal staff indicate that it is difficult to predict how the
Province or the private sector would view any such application. In addition, it
should be noted that the Metropolitan Council on September 24 and 25, 1997,
adopted Clause No. 5 of Report No. 19 of The Planning and Transportation Committee
which recommended that the Province of Ontario be requested to amend the
applicable legislation to provide authority for the new City of Toronto to
implement a municipal parking surcharge and other road user fees, if it so
desires. To date, the Province has not acted upon that request.
It is further noted that in April of 1999, Hemson Consulting Ltd., in association
with C.N. Watson & Associates, prepared a report, entitled Funding Transportation
in the Greater Toronto Area and Hamilton-Wentworth , that speaks to the problem of
inadequate funding for transportation infrastructure. The report reviews and
discusses additional revenue sources to fund transportation infrastructure, one of
which is a parking tax. The report concluded that a parking tax would not be
effective for the following reasons:
- it would be difficult to implement since it would not reflect system use;
- large employment centres would pay a disproportionate share of the tax;
- the tax would have to be very large to recover any significant amount of
revenue;
- it would act as a disincentive to providing adequate parking; and
- the vast majority of spaces are provided free of charge resulting in no
effective way of passing the costs on to consumers.
(3) Parking Tax (Levy) Experience in Other Jurisdictions:
In preparing this report, Finance staff consulted with other jurisdictions that
have considered or have the ability to impose a parking tax. City and/or transit
representatives of the cities of Chicago, Cleveland, San Francisco and Vancouver
were contacted to obtain information and input on a parking tax.
Chicago
Staff in the City of Chicago advised that they had considered imposing a parking
tax to generate additional revenue, however, the proposal was dismissed by elected
officials, prior to conducting any research, due to the lack of information on the
number of parking spaces and the notion that, since there was no paid parking in
the suburbs, the tax would be perceived as a downtown tax .
Cleveland
The City of Cleveland does have a parking tax, but it is used to fund the new
football stadium rather than to fund public transit. The City also charges a
1 percent sales tax, in order to fund public transit. In discussions with City of
Cleveland staff, there did not appear to be any significant research done on the
issue since the idea came about in response to the public outcry at the loss of
its football team. City of Cleveland staff indicated that implementing the tax
was not that difficult, since the City Planning Department keeps updated inventory
numbers on public and private parking spaces and their respective turnover rates.
San Francisco
The City of San Francisco has a capital charge (equivalent to the City of
Toronto s development charge) to fund the City of San Francisco s capital transit
stock. The charge is $5.00 per square foot of development. The charge applies to
all space, not just parking spaces. The charge was a very contentious issue with
the development community during its implementation.
Vancouver
On July 29, 1998, the Province of British Columbia, passed Bill 136, Greater
Vancouver Transportation Authority Act. The Act permits the authority to assess a
parking tax on one or both of:
(a) the taxable parking area of parking sites located in the transportation
service region; and/or
(b) the taxable parking spaces of parking sites located in the transportation
service region.
In 1992, the Province of British Columbia introduced Bill 51 (BC Transit Amendment
Act) which permitted a municipality or regional transit commission to impose a tax
on either the parking area or parking spaces of parking sites within the transit
service area or within portions of the transit service area.
Although the City of Vancouver does have the ability to impose a parking tax on
space, it has yet to be implemented. The concept of Vancouver s parking tax is
similar to the abolished GTA Commercial Concentration Tax (CCT) in Ontario that
was based on property assessment information. The proposed tax rate of
$1.00/square foot is the same as the former CCT, but there are some differences in
the properties to be exempted as well as the threshold footages above which the
tax would be triggered (200,000 square feet in the GTA versus 50,000 square feet
in BC). It is worthy to note that, in 1992, when Vancouver Transit considered the
introduction of the parking levy, the Ontario Legislature was already debating
whether to abolish the CCT.
The report (July 7, 1999) to the Policy and Finance Committee from the Chief
Administrative Officer and the Chief Financial Officer and Treasurer, entitled
Toronto Transit Commission _ Provincial Municipal Funding Trends and Longer Term
Funding Strategies , discussed how other jurisdictions transit operating and
capital costs are funded and proposed alternate long-term and sustainable sources
of revenue in order to maintain the TTC s economic viability. At its meeting of
July 27, 1999, City Council referred this report back to the TTC for further
consideration.
(4) Economic Impact Resulting from a Parking Levy and CCT Experience:
An assessment of the economic impact of imposing a parking levy on businesses in
the City of Toronto has not been conducted, due to the lack of clarity regarding
the nature and amount of any proposed levy. However, based on the past experience
with the CCT, it is likely that a new levy could also act as a hindrance and
disincentive to growth and development of business. For example, at the onset of
the recession during the early 1990s, hotel charges were increased by $4.00 to
$6.00 a night to cover the additional costs for the CCT. Businesses, including
restaurants, saw significant drops in their sales and commercial and office
buildings experienced increased vacancy rates. A more in-depth review of the CCT
is provided in Appendix 1.
(5) Current Application of Parking Revenues:
In conjunction with assessing the potential for implementing a parking levy,
Council also directed that staff review the feasibility of dedicating a portion of
the revenue generated from permit parking, front yard parking, parking meters and
municipal parking lots to support public transit costs.
City Council at its meeting on April 26, 27 and 28, 1999, approved the
1999 Operating Budget. Contained within the 1999 net expenditure budgets for
various programs are net revenues totaling $56.6 million which are derived from
parking-related services including parking tags, parking fines,
residential/boulevard parking permits, on-street metered parking and off-street
parking facilities. The table below shows the source of revenue, associated
expenditures and application of net revenues in the 1999 Operating Budget.
Application of Parking Related Net Revenues
(000 s)
Net Revenue Applied To
Net
Programs General
Revenue Source Revenue Expenses Revenue
Parking Tags and Fines 51,600 26,300 25,300 - 25,300
Residential/Commercial 4,500 2,800 1,700 1,700 (1) -
Permits 15,777 2,343 13,434 4,708 (1) 8,726
On Street Metered 44,542 28,383 16,159 9,338 (2) 6,822
Parking
Off Street Parking
Facilities
Total 116,419 59,826 56,593 15,746 40,848
(1) Transportation Program
(2) Toronto Parking Authority
Over $40.8 million (72.1 percent) of total net revenues from parking were applied
to general City revenues in the 1999 Operating Budget. This treatment supports
overall operations and directly reduces the amount of revenue that has to be
raised from taxation to balance the City s taxation budget. $6.4 million (11.3
percent) was applied as a program revenue to partially fund the operations of the
Transportation Program which directly manages the City s residential and
commercial parking permits. The Transportation Program receives this revenue as
it is responsible for maintaining the City s streets which allow the use of
on-street parking. The balance of $9.3 million (16.5 percent) is retained by the
Toronto Parking Authority (TPA) to self-finance its capital program. The purpose
of the TPA is to provide affordable parking to enhance the viability of the City s
commercial and residential areas, in keeping with the City s overall objectives.
The redirection of existing parking-related revenues from how these are currently
applied to support the TTC could create budget pressures for the program(s)
involved and potentially impact the City s operating budget. In addition, the
ability of the Toronto Parking Authority to self-finance its capital works program
could be affected.
Council could consider the allocation of increases in parking related revenues
(future revenue increases not currently budgeted) to fund the TTC s operating or
capital budget. Council s recent approval of new on-street metered parking rates;
revisions to the voluntary payment and set fine amounts for parking meter
violations, as well as some changes in the tagging policy for certain areas of the
City, should result in an increase in revenues upon full implementation. In
addition, a review of the City s revenue sharing arrangement with the Toronto
Parking Authority is underway which could result in some adjustment in the current
allocation of net revenues. Increases in revenues from the foregoing have not
been specifically earmarked at this time, however, it should be noted that
directly subsidizing one program s expenditures with another program s revenues
could distort expenditure decisions and corporate priorities. Accordingly, given
the City s financial constraints, it is deemed appropriate to allocate any
increase in the above-noted revenues to the City s general revenues, thereby
offsetting overall corporate funding pressures.
Notwithstanding the foregoing, if Council wishes to consider allocating a portion
of future parking revenue increases to the TTC, it should request the Budget
Advisory Committee to report during the 2000 Operating Budget Process on the
amount of revenue that could be allocated for TTC purposes. It is noted that the
implementation of revised parking meter rates are anticipated to generate a net
revenue increase of about $2.2 million in 2000. Pending the submission of 2000
revenue estimates by the related programs, it is difficult to assess the projected
increase in revenues that could be considered for allocation without impacting
other City programs. It is also worth noting that Finance staff are reviewing the
general issue of allocating revenues and I will be reporting on a corporate
allocation policy in the near future.
Conclusions:
The City has no authority to pass a by-law under the Municipal Act to impose a
$1.00 levy on private parking in the City of Toronto on either a the number of
parking spaces or on a per vehicle parked basis. The City could pass a by-law
under section 220.1 to levy a $1.00 fee on users of parking facilities operated by
the Toronto Parking Authority on behalf of the City, however, such a fee could
only be used for the purposes of the Toronto Parking Authority and not for the
purpose of offsetting TTC costs. The implementation of a new parking levy on
residential/non-residential properties would require special legislation. It is
difficult to predict how the Province would view an application for such a change
in legislation as, to date, it has not acted upon a request from the former
Metropolitan Toronto to provide authority for the new City of Toronto to implement
a municipal parking surcharge and other road user fees, if it desired.
Staff research of four cities in Canada and the United States found that currently
only the City of Cleveland has a parking tax and it is used to fund a new football
stadium as opposed to funding public transit. Although the Province of British
Columbia passed Bill 51, in 1992, providing authority for the City of Vancouver to
impose a parking tax on space (similar to the former Commercial Concentration Tax
which in Ontario which was abolished in 1993) to support the transit system, it
has yet to be implemented.
The redirection of existing parking-related revenues from how these are currently
applied to support the TTC could create budget pressures for the program(s)
involved, could skew expenditure decisions and potentially impact the City s
Operating Budget. In addition, the ability of the Toronto Parking Authority to
self-finance its capital works program could be affected.
If Council wishes to consider allocating a portion of future parking revenue
increases as a result of changes in parking rates, fines and tagging policies to
the TTC, it should request the Budget Advisory Committee to report during the 2000
Operating Budget on the amount of increased revenues that could be allocated for
TTC operating or capital purposes without impacting other City programs.
Contact Names:
C. Bruno D. Altman
Senior Budget Analyst Manager, Financial Planning
397-4218 397-4220
G. Vollebregt L. Brittain
Director, Budget Services Director, Treasury and Financial Services
392-9095 392-5380
__
______
Appendix 1
Background Information
Overview of Funding for Transit Services Operating and Capital Costs in Other
Jurisdictions:
Generally, in Canada, only the provinces of Alberta, British Columbia, Manitoba
and Quebec provide some funding to municipalities that can be applied towards
transit. Funding sources include per-capita operating and capital grants, special
project grants, operating and capital cost-sharing arrangements, contributions
from gas taxes, parking taxes, hydro levies, other levies and other license fees.
In contrast, in the United States, the Federal Government provides about 50
percent of all transit capital funding and 3 percent of all operating funding. In
addition, average States funding represents 13 percent of local transit capital
costs, and 22 percent of local transit operating costs. (Reference: Report (June
16, 1999) to Toronto Transit Commission from Vincent Rodo, Interim Chief General
Manager).
The report (July 7, 1999) to the Policy and Finance Committee from the Chief
Administrative Officer and the Chief Financial Officer and Treasurer, entitled
Toronto Transit Commission _ Provincial Municipal Funding Trends and Longer-Term
Funding Strategies , discussed how other jurisdictions transit operating and
capital costs are funded and proposed alternate long-term and sustainable sources
of revenue in order to maintain the TTC s economic viability. At its meeting of
July 27, 1999, City Council referred this report back to the TTC for further
consideration.
The above-noted report cites how British Columbia s Translink, the regional
transportation system for the Vancouver region and Montreal s Agence
Metropolitaine de Transport (AMT) for the Greater Montreal Region are funded
through a wide range of revenue sources, including: fuel taxes, hydro levy,
provincial sales tax on parking, non-residential parking tax, dedicated vehicle
licence surcharge, property levies on municipalities that receive commuter train
service, property levies for capital asset funding and provincial subsidy for
commuter rail infrastructure.
A. Commercial Concentration Tax
The Commercial Concentration Tax (CCT) was introduced by the provincial government
in its 1989 Ontario Budget, for implementation on January 1, 1990. The CCT was
one of a few initiatives to fund a $2-billion provincial Transportation Capital
Program (TCP) over a period of five years (1989 - 1994) aimed at reducing
congestion and improving access to growing markets throughout Ontario. Of the
$2 billion, $1.24 billion (62 percent) was committed to projects within the GTA.
These included road and highway expansion (Highways 401, 403 and 407), municipal
road links in Metro and surrounding areas and transit improvements. The CCT was
imposed on properties in the Greater Toronto Area only. The rationale was that
the people who receive the direct benefit, i.e. improved transportation services,
should pay for the project costs.
A.1 Principal Provisions of the CCT:
- an annual tax of $10.75/m2 ($1/ft2) to be imposed on all commercial
properties exceeding 18,600 m2 (approx. 200,000 ft2) and all commercial
parking lots in the GTA;
- the first 200,000 ft2 of commercial properties (not including parking lots)
to be exempt;
- total area of parking lot to be subject to CCT;
- the tax to be levied against the land, and, therefore the landlord of the
property to be responsible for the payment of the tax;
- race tracks, pipelines, trucking depots, warehouses, research and
development facilities, residential and industrial properties to be exempt;
- land that is exempt for taxes for municipal or school purposes by any Act
to be exempt except commercial parking lots operated by a municipality or
local board; and
- commercial parking lots operated on a seasonal basis to be exempt.
A.2 Economic Impacts of the CCT
The CCT was estimated to generate $625 million over five years, or an average of
$125 million annually, from both commercial properties and parking lots in the
GTA. (In 1992, the CCT brought in $111 million for the Province.) For the former
Metro Toronto, the greatest impact of the CCT was experienced by the parking
operations of four of the Special Purpose Bodies, namely, Exhibition Place, the
Metropolitan Toronto Zoo, the TTC and the Metropolitan Toronto and Region
Conservation Authority. The TTC experienced the largest single impact of all the
Special Purpose Bodies. It was liable for an annual CCT of $3.58 million on its
parking lots. The total combined taxes levied on parking lots, together with
taxes on commercial buildings through office leases, were just over $5 million
every year. As well, the Parking Authority of Toronto (PAT), the public parking
operator of the former City of Toronto, paid about another $5 million a year on
its parking operations.
At the time, many parking lots were losing money but still had to pay the CCT,
which was viewed as punitive. For example, Whitby s municipal lots generated
$105,000.00 a year in revenue but were liable for $165,000.00 in CCT, and they
subsequently made all town parking lots free to fight the tax. Toronto s TTC also
removed all parking charges on its commuter lots until the CCT was abolished.
During the period the CCT was in effect, the PAT temporarily closed sections of
its parking facilities to avoid payment of the tax on under-utilized parking
spaces.
The CCT was introduced during the economic boom in the late 1980s. At the onset
of the recession during the early 1990s, it was obvious that the CCT had become a
hindrance and disincentive to growth and development of businesses in the GTA.
For example, during this time, hotel charges were increased $4.00 to $6.00 a night
to cover the additional costs. Businesses, including restaurants, experienced a
significant drop in their sales. Commercial buildings and office spaces
experienced increased vacancy rates.
Furthermore, the CCT was perceived as an unfair and discriminatory burden based on
size only (for commercial properties) -- the large landowners and developers were
the hardest hit.
From the municipalities perspectives, they viewed the tax as biased against the
GTA, since the tax was imposed in the GTA only. In addition, the revenues
generated from the CCT were applied to the Province s general revenues and not
designated to fulfil the purpose the tax was first intended. At the time, Metro
was trying to maintain existing aging infrastructure and attempting to find
solutions to its own internal pressing transportation issues. Given that
64 percent of the estimated revenues to finance the Transportation Capital Program
originated in Metro, it was expected that the Province would develop
transportation initiatives in collaboration with Metro. Such was not the case.
The fact the CCT was opposed by businesses, as well as GTA municipalities,
especially Metro, contributed to the increased pressure in the Ontario Legislature
to abolish the tax in 1993 and the legislation was finally repealed in 1997.
B. Municipal Parking Surcharge (Metropolitan Toronto _ Request to Amend
Legislation):
The former Metropolitan Council considered the subject of a municipal parking
surcharge, as a form of transportation user fee, in September 1997. Based on
information contained in a report (July 31, 1997) from the Acting Commissioner of
Planning, Council directed that the Province of Ontario be requested to amend the
applicable legislation to provide authority for the new City of Toronto to
implement a municipal parking surcharge and other road user fees, if it so
desires. The municipal parking surcharge idea was put forward as a possible form
of user fee in a proposed Short-Term Pro-Transit Strategy .
The report cited the following benefits:
(i) it would act as a visible expense for drivers, requiring payment of parking
for each trip, thereby have a greater chance of influencing the decision to
drive versus an alternative mode of travel;
(ii) it could be structured to apply to all-day parking users (driving to work
or school), thereby not affecting short-stay parkers conducting business,
shopping or other purposes; and
(iii) conceptually, the surcharge represents an extension of an existing charge.
The following key disadvantages of a parking surcharge were also noted:
(i) provincial legislation would need to be enacted to allow municipalities to
levy such a surcharge; and
(ii) it would require a new administrative structure for collection and
enforcement; in addition, start-up costs to undertake an inventory of
parking spaces affected, establish a business plan and conduct a public
information program would be significant.
The report (July 31, 1997) from the Acting Commissioner of Planning estimated the
net annual revenue that could be generated from implementing a $1.40 per day
surcharge on all non-residential, off-street parking spaces used for all day
parking at $100 million (net) annually across the City (formerly Metropolitan
Toronto). A rate of $3.45 per day would be required to generate the same net
income level, if only parking spaces in areas well-served by rapid transit were
included.
The estimated net revenue from a municipal parking surcharge could be substantial,
however, the City would need to consider exemptions from any proposed levy in
order to ensure that other corporate policies are not adversely impacted, for
example, business improvement initiatives and TTC commuter parking lots.
Accordingly, the level of net revenues that could be realized would be lower.
Requirements to Proceed:
In the event that Council decides to proceed with the implementation of a
municipal parking surcharge, it would first need to obtain provincial enabling
legislation that included provisions for inspection and auditing of
privately-operated parking facilities.
Secondly, the City would need to conduct a lot-by-lot inventory of all parking
facilities that are potentially affected. Although, the current CVA assessment
database contains information for stand-alone parking facilities (assessment
amounts, not number of spaces), it is still necessary to determine the number of
parking spaces and obtain other information respecting parking usage. In
addition, properties with parking operations forming part of commercial buildings
and other types of developments would need to be captured separately.
A business plan would need to be developed that identified all parking spaces,
times affected, surcharge rates and administrative requirements, including
collection, inspection and auditing.
Next, the City would have to approve by-laws to give effect to the parking
surcharge, rates, conditions and other provisions. The administrative structure
necessary to implement the surcharge, including staffing and support, would have
to be established. Also, a public information program to explain the surcharge
and its use would be appropriate. Finally, the City would initiate collection,
inspection and auditing procedures.
ATTACHMENT NO. 2
Communication dated October 21, 1999, from the City Clerk, entitled New York State Law
Suit Against Mid-Western Coal-Fired Power Plants . (See Minute No. 12.62, Page 72)
Recommendation:
The Environmental Task Force recommends that City Council adopt the
recommendations contained in the report dated October 20, 1999 from the Medical
Officer of Health.
Background:
The Environmental Task Force at its meeting held on October 20, 1999, had before
it a report dated October 20, 1999, from the Medical Officer of Health respecting
the New York State law suit against Mid-Western Coal-Fired Power Plants and
advising how the City of Toronto can support the impending legal action aimed at
curbing air pollution from coal-fired power plants in the mid-western United
States.
____________
(Report dated October 20, 1999, addressed to the
Environmental Task Force, from the
Medical Officer of Health.)
Purpose:
This report responds to a request from the Environmental Task Force (ETF) for
advice respecting the ways in which the City of Toronto can support the impending
legal action by New York State aimed at curbing air pollution from coal-fired
power plants in the mid-western United States.
Source of Funds/Financial Implications:
Verbal discussions with representatives from New York State s Attorney General s
Office suggest that minimal financial resources and a manageable level of staff
resources would be required to support New York State s legal action with a
Friend of the Court brief.
Recommendations:
It is recommended that Toronto City Council:
(1) commend New York State s Attorney General for pursuing legal action against
17 coal-fired power plants in the mid-western United States that contribute
to smog;
(2) provide approval in principle for the City to support New York s legal
action as a Friend of the Court and direct the City Solicitor, in
consultation with the Medical Officer of Health and the Commissioner of
Works and Emergency Services, to investigate the legal and resource
implications required for this action, and report back to the November
Council meeting, through the Policy and Finance Committee (with copies sent
to the Board of Health, Works Committee, Environmental Task Force and the
Toronto Inter-Departmental Environment Team for information);
(3) request that the Association of Municipalities of Ontario (AMO) and the
Federation of Canadian Municipalities (FCM) endorse Toronto s intervention
as a Friend of the Court in New York State s legal action;
(4) request that Toronto Hydro report to the December Council meeting
indicating whether its supplier, Ontario Power Generation, is buying
electricity from any of the 17 coal-fired power plants identified in the
law suit;
(5) request that Toronto Hydro report to Council on the feasibility of adopting
a purchasing policy which encourages a shift to natural gas and renewable
energies by stipulating that air emission rates for nitrogen oxides,
sulphur dioxide, carbon dioxide and mercury, be considered along with price
when purchasing electrical power;
(6) request that the Chief Financial Officer and Treasurer report to Council on
the feasibility of adopting a similar purchasing policy for the City as a
purchaser of electricity; and
(7) indicate to the Premier of Ontario that it is essential to the health of
Ontario residents that the Province establish aggressive air emission
standards for electricity generated in Ontario and for Ontario consumers,
before the market opens to full competition in the year 2000.
Background:
In April 1999, the Toronto Board of Health adopted a Toronto Public Health report,
entitled Changes in Ontario s Electrical Sector and Air Quality , which
recommended that the provincial government establish health protective air
emissions caps to limit air pollution from coal-fired power plants providing
electricity to Ontario consumers. These air emissions caps were endorsed by
Toronto City Council, in July 1999, when it adopted a Works and Emergency Services
report, entitled Ontario Clean Air Alliance: Recommended Caps for Ontario s
Electrical Sector to Improve Air Quality .
In June 1999, when City Council adopted the Smog Prevention and Reduction: Status
Report and Work Plan prepared by the Chief Administrative Officer (CAO), it
recommended that the CAO explore the federal and provincial ways and means
available to address transboundary air pollution issues that affect the City.
On September 27, 1999, the Environmental Task Force (ETF) recommended that the
Medical Officer of Health and the City Solicitor comment to the ETF by October 18,
1999, on the ways in which the City can support the legal action initiated by New
York State s Attorney General against 17 coal-fired power plants situated in the
mid-western United States. This report has been prepared in consultation with
staff in Legal, Works and Emergency Services, Treasury and Financial Services, and
the Corporate Policy and Planning Division of the office of the Chief
Administrative Officer. In informal discussions, Toronto Hydro representatives
have indicated concurrence with the recommendations contained in this report.
Comments:
(1) Smog and U.S. Coal-Fired Power Plants
Smog is a significant health hazard for the residents of Toronto. The levels of
ozone and particulates (the two major components of smog) in Toronto s air
commonly exceed the levels at which serious health effects, hospitalizations and
premature deaths have been demonstrated. The Ontario Ministry of Environment has
estimated that, each year, 1,800 people die prematurely in Ontario and
1,400 people are admitted to hospitals, because of the particulates in Ontario s
air. Since Toronto residents comprise 22 percent of Ontario s population, we
estimate that Toronto itself experiences about 400 excess deaths and 300 excess
hospitalizations each year, due to the particulates in air.
Smog episodes in Toronto are very closely linked to the generation of electricity
in coal-fired plants in the mid-western United States. The Ontario Ministry of
Environment estimates that about 50 percent of the ozone which affects Toronto in
the summer comes from the United States. Most of that ozone originates as
nitrogen oxides emitted from coal-fired plants in the mid-western United States.
In 1995, U.S. coal-fired power plants were responsible for 26 percent of their
nation s nitrogen oxide emissions. Individually, these plants can emit as much
nitrogen oxides in one year as all the cars and trucks in a large metropolitan
area. For example, the James M. Gavin power plant in southern Ohio emitted more
than 110,000 tonnes of nitrogen oxides in 1996. This is almost one half of the
nitrogen oxide emissions that were produced by the entire transportation sector in
all of Ontario in 1992.
U.S. coal-fired power plants are also the single most significant source of
sulphur dioxide. When sulphur dioxide reacts with other chemicals in the
atmosphere, it produces sulphates, a fine acid mist which accounts for 25 to
40 percent of the particulates in smog. In 1995, coal-fired power plants were
responsible for 63 percent of the sulphur dioxide emissions in the United States.
In 1998, the U.S. Environmental Protection Agency introduced a Ruling that would
have effectively reduced nitrogen oxide emissions from coal-fired plants in
23 jurisdictions by about 64 percent by the year 2007. This Ruling could have
reduced the emission rates for nitrogen oxides for U.S. coal-fired plants from the
current range of 5.5 to 10 pounds per megawatt-hour to about 1.5 pounds per
megawatt-hour. (Ontario s emission rates range from 3 to 5 pounds per
megawatt-hour). The Ruling would have significantly improved air quality in
southern Ontario. Unfortunately, the Ruling, which was challenged by industry,
was stayed by the Court of Appeals this past summer.
(2) New York s Legal Action
On September 15, 1999, New York s Attorney General announced that he intends to
sue 17 coal-fired plants in five mid-western states for failing to upgrade their
pollution controls when they expanded their plants. Under the U.S. Clean Air Act,
old coal-fired power plants do not need to comply with the more rigorous air
emission standards contained in the Act unless they are substantially modified or
expanded. If successful, the New York legal action could substantially improve
air quality in southern Ontario by forcing the identified power plants to comply
with the air emissions standards that apply to new coal-fired power plants.
There are a number of ways in which the City of Toronto could support New York
State s legal action. Staff from New York s Attorney General s Office have
indicated that a Friend of the Court brief, which could be prepared internally
by staff in Legal, Toronto Public Health, and Works and Emergency Services, could
have a positive impact on New York s legal action. Given that Toronto s air
quality could be substantially improved with the success of New York s legal
action, it is recommended that the City Solicitor, in consultation with the
Medical Officer of Health and the Commissioner of Works and Emergency Services,
investigate the resource and legal implications involved in the preparation of a
Friend of the Court brief, and report back to Council, through Policy and
Finance Committee, at the next meeting. In the interim, and in order to protect
the position of the City of Toronto, the City Solicitor should be authorized to
seek leave from the U.S. Court to obtain Friend of the Court status.
(3) Using Toronto s Purchasing Power
With the passage of Bill 35, the Electricity Competition Act, Toronto Hydro, which
is fully owned by the City of Toronto, has the ability to generate electricity as
well as to distribute electricity. It also has the ability to buy electricity
from organizations other than the former Ontario Hydro. The new reality in the
electrical marketplace provides the City with the opportunity to encourage the use
of environmentally friendly technologies through Toronto Hydro s purchasing policy
and through City of Toronto s corporate purchasing policy.
Toronto Hydro should be asked to determine if its current supplier, Ontario Power
Generation, is currently purchasing electricity from any of the U.S. coal-fired
power plants identified in New York State s legal suit. It should also be asked
to investigate the feasibility of developing a purchasing policy which would
encourage a shift to natural gas and renewable energies by specifying that air
emissions rates for nitrogen oxides, sulphur dioxide, carbon dioxide, and mercury,
will be considered along with price when purchasing electrical power. The City of
Toronto should pursue a complementary policy in relation to its own purchase of
electrical power.
(4) Provincial Actions Needed
Toronto Hydro s ability to provide clean energy will be limited if the provincial
government fails to establish air emission caps for the electrical sector that are
protective of human health and the environment. Without aggressive air emission
standards, coal-fired power plants will continue to have the financial advantage
over cleaner energy sources produced with natural gas and renewable energies,
thereby perpetuating needless hospitalizations and premature deaths in Toronto and
beyond.
Conclusions:
The New York legal suit against 17 coal-fired plants in the mid-western United
States may provide the City of Toronto with the opportunity to express its support
for emissions reductions from U.S. coal-fired power plants that are upwind from
Toronto. It also raises questions about the source of electricity bought by
Toronto Hydro which is fully owned by the City of Toronto. The introduction of
competition to Ontario s electrical sector may provide the City with the
opportunity to support cleaner energy sources through its relationship with
Toronto Hydro. However, the opportunity to purchase clean power may be
seriously limited if the provincial government does not establish health
protective air emission standards for the electrical industry as a whole.
Contact Name:
Kim Perrotta, MHSc
Environmental Epidemiologist
Health Promotion and Environmental Protection, Toronto Public Health
Tel: 416-392-1560 Ext. 8-7044
Fax: 416-392-7418
E-mail: kperrott@city.toronto.on.ca
ATTACHMENT NO. 3
Report dated October 18, 1999, from the Commissioner of Works and Emergency Services,
entitled Traffic Operations: Shaughnessy Boulevard, Nymark Avenue to Trailside Drive
(Seneca Heights) (See Minute No. 12.69, Page 83):
Purpose:
To introduce improvements (all way stop control, relocation of pedestrian
crossover and intersection modifications) to increase protection for pedestrians
crossing Shaughnessy Boulevard.
Financial Implications and Impact Statement:
Costs associated with the installation of an all way stop control are included
within the 1999 Operating Budget. The estimated cost of $25,000.00, for the
relocation of the Pedestrian Crossover (PXO), is included within the Division s
1999 Capital Budget. The $42,600.00 estimated cost for road improvements at the
Shaughnessy Boulevard/Nymark Avenue intersection should be included within the
2000 Capital Budget.
Recommendations:
It is recommended that:
(1) Schedules XVIII and XIX of By-Law No. 31001, of the former City of North
York, be amended to require traffic to stop on all approaches to the
intersection of Shaughnessy Boulevard and Nymark Avenue;
(2) improvements to the intersection of Shaughnessy Boulevard, estimated at a
cost of $42,600.00, be included within the 2000 Capital Budget; and
(3) By-law No. 30518, of the former City of North York, be amended to relocate
the PXO located at the intersection of Shaughnessy Boulevard and Nymark
Avenue, to a point approximately 70 metres south of Nymark Avenue.
Background:
As a result of concerns forwarded by Councillor David Shiner s office, staff of
the Transportation Services Division - District 3, of the Works and Emergency
Services Department investigated pedestrian activities on Shaughnessy Boulevard,
between Nymark Avenue and Trailside Drive.
The specific concern of the residents was that numerous pedestrians were crossing
Shaughnessy Boulevard at an unprotected location. As a significant portion of the
pedestrians were elementary school aged children, the crossing activities were
seen to be unsafe.
Currently, traffic on Shaughnessy Boulevard is required to stop at Goodview Road
to the north and Esterbrooke Avenue to the south. There is a PXO on the north
side crosswalk of the intersection of Shaughnessy Boulevard and Nymark Avenue.
Within the immediate vicinity of the area where the pedestrian crossings are
occurring there are several elementary schools, which include St. Matthias
Separate School, Lescon Public School and Dallington Public School.
There has been an ever-increasing number of pedestrians crossing at this location
which has raised concerns of an incident, particularly with regards to many school
aged children. The Toronto Police Service has indicated that it is unable to
provide crossing protection at an undesignated mid-block crossing.
As a result of the urgency brought about by this public safety matter, staff
requested leave of the Chair of the North York Community Council to bring this
matter forward to Council at the earliest opportunity.
Comments:
To identify any traffic operational deficiencies which may exist, staff of this
Division observed vehicle and pedestrian traffic patterns, determined the
utilization of the existing PXO, established existing pedestrian routes and
completed an all way stop study.
As a result of our investigation it was observed that a significant number of
pedestrians, several of which were unassisted children, crossed Shaughnessy
Boulevard without protection. The pedestrians were generally school-aged children
destined for one of the several schools in the area. Of the approximately
400 pedestrians who crossed Shaughnessy Boulevard during the study, only
80 utilized the existing PXO.
It was also observed that, due to the overly large turn radius on the northwest
and southwest corners of the intersection of Nymark Avenue and Shaughnessy
Boulevard, the pedestrian crossing distances, which included the PXO, were
excessive. With the reduction in the curb radius the pedestrian crossing
distances would be reduced. In addition to the pedestrian crossing distances, the
expansive intersection allows for high-speed northbound left and southbound right
turns. Eastbound motorists on Nymark Avenue, upon approaching Shaughnessy
Boulevard, find it difficult to determine exactly where to stop their vehicles, in
order to avoid conflicts with turning vehicles.
The results of an all way stop study indicated that the warrants for the
installation of an all-way stop were satisfied at the Shaughnessy Boulevard/Nymark
Drive intersection. With the installation of an all way stop control, the
existing PXO can be removed.
Based upon the pedestrian crossing activities along Shaughnessy Boulevard, south
of Nymark Avenue, the installation of a PXO at a point approximately 70 metres
south of Nymark Avenue is appropriate.
Conclusions:
With the implementation of improvements and installation of an all way stop
control at the Shaughnessy Boulevard/Nymark Avenue intersection, and the
relocation of the PXO from the intersection of Shaughnessy Boulevard and Nymark
Avenue to a point 70 metres south of Nymark Avenue, the level of safety of
pedestrian crossing activities will be greatly increased.
Contact Name:
Allen Pinkerton
Manager, Traffic Operations, District 3
Transportation Services Division
Telephone: 395-7463
Facsimile: 395-7482
Email: ajpinker@city.north-york.on.ca
ATTACHMENT NO. 4
Report dated October 25, 1999, from the Acting Commissioner of Corporate Services,
entitled Proposed Sale of Nos. 111 and 117 Richmond Street East _ Car Park No. 63
(Ward 24 - Downtown) (See Minute No. 12.73, Page 87):
Purpose:
To revise Council s approval of the intended method of sale of Nos. 111 and
117 Richmond Street East.
Funding of Sources, Financial Implications and Impact Statement:
Revenue will be generated from the eventual sale.
Recommendations:
It is recommended that:
(1) the approved manner of the sale of Nos. 111 and 117 Richmond Street East
be a direct sale to Intracorp Developments (French Quarter II) Ltd.;
(2) to allow for the required notice to the public of the proposed sale to be
given, consideration of Clause No. 7 of Report No. 8 of The Policy and
Finance Committee be deferred to the Council meeting scheduled for November
23, 24 and 25, 1999;
(3) all steps necessary to comply with By-law No. 551-1998 be taken; and
(4) the appropriate City officials be authorized and directed to take the
necessary action to give effect thereto.
Background:
On September 28 and 29, 1999, City Council adopted Clause No. 14 of Report No. 5
of The Administration Committee thereby declaring surplus to the City s
requirements the properties known municipally as Nos. 111 and 117 Richmond Street
East, in order to proceed with the proposal to sell to Intracorp Developments
(French Quarter II) Ltd. the development rights at Nos. 111 and 117 Richmond
Street East. In exchange, the City would obtain ownership of strata title to 12
parking spaces in the adjoining residential redevelopment.
In accordance with By-law No. 551-1998, the notice of the proposed sale was given
advising that the City proposes to enter into a joint venture with developers of
the abutting property respecting the sale of these lands.
At its meeting on October 5, 1999, the Administration Committee had before it the
report dated September 28, 1999, from the President, Toronto Parking Authority,
entitled Redevelopment of Car Park 63 Located at 111 and 117 Richmond Street
East , recommending that approval be granted to enter into the transaction, notice
of the intention of which had been duly published. The Administration Committee
referred the report to the Policy and Finance Committee for consideration. The
Policy and Finance Committee recommended the adoption of the aforementioned report
subject, however, to amending Recommendation No. (1) to read as follows:
(1) City Council approve an agreement of purchase and sale with
Intracorp Developments (French Quarter II) Ltd. for the sale of 111
and 117 Richmond Street East (Municipal Car Park 63) the total
value of the transaction being $440,000.00 in cash; and
(2) deleting Recommendation No. (2).
Comments:
The City Solicitor has advised that, should City Council adopt the recommendations
of the Policy and Finance Committee and purport to approve the revised nature of
transaction, the City will not have fulfilled the required statutory and by-law
pre-conditions to selling municipal real property. The notice given to the public
described the manner by which the sale was intended to be transacted which is
different than that which is now being recommended for approval. Accordingly, it
is necessary to defer consideration of the sale report for one cycle and, during
this time, give notice to the public of the proposed sale which is consistent with
the recommendations of the Policy and Finance Committee.
Conclusion:
In order to proceed with a direct sale of Nos. 111 and 117 Richmond Street East to
Intracorp Developments (French Quarter II) Ltd., approval should be given, at this
time, for a revision to the intended manner of sale; sufficient time allowed for
the required notice to be given; and only then should Council give consideration
to the recommendations of the Policy and Finance Committee.
Contact Name:
Luba Tymkewycz, 392-7207, Fax - 392-1880, ltymkewy@city.toronto.on.ca
(A copy of the map referred to in the foregoing report is on file in the Office of the
City Clerk.)
ATTACHMENT NO. 5
Report dated October 26, 1999, from the Acting Commissioner of Corporate Services,
entitled Proposed Closing of City-owned Public Lane North of College Street, Extending
Easterly from Huron Street, and Conveyance to the University of Toronto
(Ward 24 - Downtown) (See Minute No. 12.75, Page 90):
Purpose:
The purpose of this report is to provide City Council with the estimated appraised
value of the public lane to be closed and conveyed to the University of Toronto
and to present an alternative method of payment as proposed by the University of
Toronto.
Financial Implications:
Compensation from the sale of these lands will be in the amount of $460,000.00,
and information on the proposed type of payment is detailed in the body of this
report.
Recommendations:
It is recommended that:
(1) Council set the sale price for the fee in the public lane located north of
College Street, extending easterly from Huron Street, at $460,000.00;
(2) subject to Council concurrence, in lieu of direct payment to the City of
$460,000.00, the proposal set forth by the University of Toronto for the
establishment of the Dan Leckie City of Toronto Bursaries fund be
approved;
(3) the details respecting the establishment and ongoing administration of the
Bursaries be subject to the approval of the Chief Administrative Officer;
(4) authority be granted for the City to execute any documents necessary to
give effect to the foregoing; and
(5) the appropriate City Officials be authorized and directed to take the
necessary action to give effect to the foregoing.
Background:
City Council at its meeting held on September 28 and 29, 1999, adopted, without
amendment, a Motion moved by Mayor Lastman, seconded by Councillor Chow, dealing
with the proposed closing and conveyancing of the public lane located north of
College Street and extending easterly from Huron Street and, in doing so, Council
adopted the recommendations contained in a report prepared by the Commissioner of
Works and Emergency Services, and a report prepared by the Acting Commissioner of
Corporate Services, both dated September 27, 1999.
By adoption of my report, I was directed to report back to City Council, at its
meeting to be held on October 26, 1999, on the amount of compensation the City
should receive from the University of Toronto for the fee in the subject lands.
Comments:
Notice to the public of the proposed sale to the adjoining property owner of the
public lane has been given pursuant to By-law No. 551-1998. The deadline to
receive enquiries, as published in the notice, was 4:30 p.m. on October 22, 1999.
No enquiries were received.
An appraisal has been completed and the appraised value of the subject public lane
is estimated to be $460,000.00.
By letter dated October 26, 1999 (copy attached), the solicitor for the University
has advised that the University of Toronto, as a non-profit charitable
institution, is receiving special funding for the construction of the Technology
Information Centre for which the subject public lane will be used and the budget
for the construction of the institute does not include the amount of $460,000.00
for land acquisition. Accordingly, the University is requesting that it be
permitted to satisfy the $460,000.00 requirement by allocating that amount into a
capital account, the revenue from which will be used to provide Bursaries only for
residents of the City of Toronto. The Bursaries are to be named the Dan Leckie
City of Toronto Bursaries and are to be generally directed to students of
environmental or community studies or to such other studies as the University and
the City agree. The University further agrees to report annually on the
allocation of the Bursaries.
Conclusion:
The value of the subject public lane to be conveyed to the University of Toronto
should be set by Council at $460,000.00. The University of Toronto is unable to
pay this amount and, as an alternative, has proposed to establish the Dan Leckie
City of Toronto Bursaries fund only for residents of the City of Toronto. While
the payment of the compensation in this manner would be subject to City Council
approval, it is noted that the City of Toronto will realize an ongoing benefit to
its student citizens through the availability of the proposed Dan Leckie City of
Toronto Bursaries , while facilitating the construction of the Technology
Information Centre through the conveyance of the subject public lane to the
University of Toronto.
Contact Name:
Bonnie G. Duncan, 392-1861; Fax No.: 392-1880; bduncan@city.toronto.on.ca
ATTACHMENT NO. 6
Report dated October 26, 1999, from the Acting Commissioner of Urban Planning and
Development Services, entitled Proposed Interim Control By-law, Highland Creek
Village - Scarborough Highland Creek (See Minute No. 12.77, Page 94):
Purpose:
To advise Council on a request for an Interim Control By-law within the Highland
Creek Village.
Financial Implications:
City Council would need to retain outside planning services, in the event of an
appeal of the Interim Control By-law.
Recommendations:
It is recommended that:
(1) City Council not approve the request for an Interim Control By-law for
several locations in the Highland Creek Village; and
(2) Urban Design criteria to maintain or enhance a village character within the
Highland Creek Village core be established through the 2000 Work Program
for Urban Design, City Planning, East District.
Background:
Council referred to staff for report, a motion to impose Interim Control on a
portion of the Highland Creek Community.
Comments:
City of Scarborough planning staff undertook a review of the policies of the
Highland Creek Community Secondary Plan in 1995-97. This was the first major
review since the original Secondary Plan to the Official Plan was adopted in 1981.
While priority was given to residential issues, the study also dealt with Official
Plan and zoning issues for the commercial uses on Kingston Road within the eastern
part of the community and with a commercial site within the Village Core.
The study was done with the active participation of the Highland Creek Community
Association and in consultation with business operators and landowners. Numerous
meetings were held with these groups during the course of the study. Two widely
advertised and well attended open houses were held at a local school to inform the
community at large of the study s progress and findings. Although there was ample
opportunity for the participants to raise additional issues, such as Official Plan
policies and zoning related to the Village Core, this did not occur.
At the conclusion of the study a discussion paper was produced, addressing, in
particular, What are the Issues in the Community? and outlining staff s
recommendations. Scarborough Council approved these recommendations, with only
minor amendments, in May of 1997.
A number of appeals were made to Council s approval of the Highland Creek
amendments. With one exception, all of the appeals were on commercial rather than
the residential issues. Business operators and landowners particularly opposed
any change to the uses permitted under the Highway Commercial Zone, including the
proposed replacement of the Specialized Commercial use permission with other
uses.
The Ontario Municipal Board decision of March 29, 1999, found in favour of the
appellants. The Board concluded that the City s proposal to take away some of
the existing uses and add a few new ones amounts to a limited down-zoning. The
Board finds this inappropriate and not good planning. The Highway Commercial Uses
have been in existence since 1963, over 35 years. The properties have been zoned
Highway Commercial since 1963 and have operated with this knowledge as a Highway
Commercial Use. Some of the owners have improved their properties. A limited
down-zoning proposed by the City may, in fact, create some hardships on the owners
and may restrict financing and possible sales of their properties.
Given this recent Board decision on Highway Commercial zoning within the Highland
Creek Community, staff are not optimistic about the City s ability to be
successful at the Board with the appeal that will inevitably result should the
City place Interim Control on the Village Core area.
The urban design issue in the motion regarding the maintenance and enhancement of
the village character for the Village Core could be addressed within the City
Planning Division s 2000 Work Program.
The issue regarding the future use of the three single-family residential lots on
the south side of Kingston Road, west of Military Trail, can more appropriately be
addressed when a redevelopment scheme is presented for consideration for the three
lots or in combination with adjacent lands.
Conclusion:
In view of the recent review of the Highland Creek Secondary Plan and recent
Ontario Municipal Board decision thereon, City Council should not impose Interim
Control in the Highland Creek Village area at this time. Urban design criteria to
enhance a village character in the Village Core can be developed through the
2000 Work Program for Urban Design, City Planning, East District.
Contact Name:
Ted Tyndorf, MCIP, RPP, Director of Community Planning, East District, Scarborough
Civic Centre, Telephone: (416) 396-7006, Fax: (416) 396-4265.
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