Item - 2013.CC37.17

Tracking Status

CC37.17 - Scarborough Rapid Transit Options

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on July 16, 17, 18 and 19, 2013, adopted the following:

 

1.         City Council confirm its support for the Scarborough Subway contingent on:

 

a.         new federal funding equal to 50 percent of the net capital costs;

 

b.         provincial contribution of $1.8 billion (2010 $);

 

c.         no other funding outlined in the Metrolinx and City of Toronto Master Agreement being re-allocated to the extension of the Bloor Danforth line from:

 

i.          Sheppard LRT;

ii.         Finch LRT;

iii.         Eglinton LRT; and

 

d.         no reallocation of existing City revenues from other services to pay for the subway;

 

and authorize the City Manager to amend the Master Agreement, only as it pertains to the conversion of the Scarborough LRT to a Scarborough Subway and, if necessary, enter into a separate agreement with Metrolinx and the Province, to:

 

e.         remove the Scarborough LRT from the description of the program to be constructed by Metrolinx under the Master Agreement (the "Program");

 

f.          amend the overall Program budget by reducing it by $1.8 Billion representing the anticipated cost of constructing the Scarborough LRT (the "LRT Amount");

 

g.         ensure that the Master Agreement continues to apply to the interchange between the Scarborough Subway and the Sheppard East LRT at Sheppard East Station, and the Eglinton Crosstown LRT at Kennedy Station;

 

h.         redirect to the City for the purpose of the construction of the Scarborough Subway, the following amounts:

 

i.          the LRT Amount (defined above as $1.8 Billion), indexed by an appropriate cost escalation factor from 2010 to the date of transfer to the City (the "Indexed LRT Amount"), payable to the City in a manner to be agreed upon by the parties having regard to ensuring that the City's financing charges or contract payments related to the Indexed LRT Amount are fully offset over the life of the City's financing, or contract payments in respect of the Indexed LRT Amount; and

 

ii.         the estimated value, as agreed to by the parties, of any costs which would have been borne by Metrolinx under the Master Agreement in respect of  the Scarborough LRT  related to operations, capital maintenance, and such other costs as may be negotiated between the parties; and

 

i.          make any further amendments to the Master Agreement as may be necessary to reflect the removal of the Scarborough LRT from the Program.

 

all on such terms and conditions as are satisfactory to the City Manager and the Chief Executive Officer, Toronto Transit Commission, in consultation with any other relevant City officials, and in a form acceptable to the City Solicitor.

 

2.         City Council commit to funding the City's share of the cost of construction of a Scarborough Subway by:

 

a.         directing the Deputy City Manager and Chief Financial Officer to prepare a Development Charge By-law to include the City's share of capital costs in respect of the Scarborough Subway project for Council consideration in 2014;

 

b.         requesting the Province of Ontario to make appropriate amendments to the Development Charges Act for the purposes of the Scarborough Subway Project similar to those made by the Province for the Toronto York Spadina Subway Extension project;

 

c.         requesting the Federal Government to contribute Toronto's fair share of federal funding under the P3 Canada Fund, the Building Canada Fund and all other available sources of federal funding for the construction of the Scarborough Subway; and

 

d.         committing to a property tax increase over three years, dedicated to funding a Scarborough Subway, in an amount of 1.1 percent, on the residential property class, and 1/3 of such a rate increase on the non-residential property classes (in accordance with current City policy), starting with a minimum tax rate increase in 2014 of 0.5 percent on the residential property class, together with the corresponding 1/3 rate increase on the non-residential property classes, with the balance of the residential and non-residential two year rate increase to be phased-in in year 2015.

 

e.         requesting the provincial and federal governments to commit their portion  of funding by September 30, 2013.

 

3.         City Council direct the appropriate City officials to seek the necessary approval under the Environmental Assessment Act using the Transit Project Approval Process as set out in Ontario Regulation 231/08, as amended.

 

4.         City Council request the Chief Executive Officer, Toronto Transit Commission to arrange a third party audit of the sunk costs declared by Metrolinx, to ensure that such costs are accurate and valid.

 

5.         City Council authorize the appropriate City officials to take all actions necessary to give effect to City Council's decision.

City Council Decision Advice and Other Information

Joe Pennachetti, City Manager, gave a presentation to City Council on Scarborough Rapid Transit Options.

Background Information (City Council)

(July 12, 2013) REVISED Report from the City Manager on Scarborough Rapid Transit Options (CC37.17)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-60240.pdf
(June 28, 2013) Attachment 1 - letter from Bruce McCuaig, President and Chief Executive Officer, Metrolinx
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-60241.pdf
Attachment 2 - City Planning, Comparison of Sheppard Transit Panel Criteria to Feeling Congested Criteria
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-60242.pdf
Attachment 3 - SRT Conversion to Subway, High Level Estimate
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-60243.pdf
Attachment 4 - Transit Right of Way and Technologies
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-60244.pdf
(July 16, 2013) Map contained on page 16 of the City Manager's Report (CC37.17)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-60278.pdf
(July 16, 2013) Presentation by the City Manager on Scarborough Rapid Transit Options (CC37.17a)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-60291.pdf
(July 17, 2013) Briefing Note from the City Manager - Federal Funding for the Sheppard East LRT Project (CC37.17b)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-60303.pdf
(July 9, 2013) Report from the City Manager on Scarborough Rapid Transit Options - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-60197.pdf

Communications (City Council)

(July 4, 2013) E-mail from Lynne Patterson (CC.Main.CC37.17.1)
(July 1, 2013) E-mail from Patricia Sinclair (CC.Main.CC37.17.2)
(July 5, 2013) E-mail from Sharon Yetman (CC.Main.CC37.17.3)
(July 11, 2013) E-mail from Sharon Yetman (CC.Supp.CC37.17.4)
(July 11, 2013) E-mail from Sharon Yetman (CC.Supp.CC37.17.5)
(July 13, 2013) Letter from Jack Brannigan (CC.Supp.CC37.17.6)
(July 15, 2013) Letter from Ross Snetsinger (CC.Supp.CC37.17.7)
(July 14, 2013) Letter from Hamish Wilson (CC.Supp.CC37.17.8)
(July 15, 2013) Letter from Eddie Chuan-Shun Ho (CC.Supp.CC37.17.9)
(July 15, 2013) E-mail from Patricia Sinclair (CC.New.CC37.17.10)
(July 15, 2013) Submission from Tony O'Donohue (CC.New.CC37.17.11)
(July 15, 2013) E-mail from Andrew Bourgeois (CC.New.CC37.17.12)
(July 16, 2013) E-mail from Sylvia Cowls (CC.New.CC37.17.13)
(July 16, 2013) E-mail from Louis-Charles Lavallťe (CC.New.CC37.17.14)
(July 16, 2013) E-mail from Miguel Avila (CC.New.CC37.17.15)
(July 16, 2013) E-mail from Changyun Wang and Ayong Zhuang (CC.New.CC37.17.16)
(July 16, 2013) E-mail from Huixin Ma (CC.New.CC37.17.17)
(July 16, 2013) E-mail from Yaxiong Lei, Dongmei Liu, Keying Yang and Yaxiu Lei (CC.New.CC37.17.18)
(July 16, 2013) E-mail from Zhao Zijin and Xu Daoren (CC.New.CC37.17.19)
(July 16, 2013) E-mail from Zhao Ruiyun (CC.New.CC37.17.20)
(July 16, 2013) E-mail from Wenyao Weng and Fengying Xu (CC.New.CC37.17.21)
(July 16, 2013) E-mail from Jeff Weng Linda (CC.New.CC37.17.22)
(July 15, 2013) E-mail from Jinchan Xu and Xueqin Zhao (CC.New.CC37.17.23)
(July 16, 2013) E-mail from John Alexopoulos (CC.New.CC37.17.24)
(July 17, 2013) E-mail from Jason McNeill (CC.New.CC37.17.25)

Motions (City Council)

1 - Motion to Amend Item moved by Mayor Rob Ford (Amended)

That City Council adopt Option B contained in the report (July 12, 2013) from the City Manager with the addition of a new Recommendation 3 and the balance of the Recommendations re-numbered accordingly, as follows:

 

B.           City Council confirm its support for the  Scarborough Subway and:

 

1.         Authorize the City Manager to amend the Master Agreement, and, if necessary, enter into a separate agreement with Metrolinx and the Province, to:

 

a.         remove the Scarborough LRT from the description of the program to be constructed by Metrolinx under the Master Agreement (the "Program");

 

b.         amend the overall Program budget by reducing it by $1.8 Billion representing the anticipated cost of constructing the Scarborough LRT (the "LRT Amount");

 

c.         ensure that the Master Agreement continues to apply to the interchange between the Scarborough Subway and the Sheppard East LRT at Sheppard East Station, and the Eglinton Crosstown LRT at Kennedy Station;

 

d.         redirect to the City for the purpose of the construction of the Scarborough Subway, the following amounts:

 

i.          the LRT Amount (defined above as $1.8 Billion), indexed by an appropriate cost escalation factor from 2010 to the date of transfer to the City (the "Indexed LRT Amount"), payable to the City in a manner to be agreed upon by the parties having regard to ensuring that the City's financing charges or contract payments related to the Indexed LRT Amount are fully offset over the life of the City's financing, or contract payments in respect of the Indexed LRT Amount; and

 

ii.         the estimated value, as agreed to by the parties, of any costs which would have been borne by Metrolinx under the Master Agreement in respect of  the Scarborough LRT  related to operations, capital maintenance, and such other costs as may be negotiated between the parties; and

 

e.         make any further amendments to the Master Agreement as may be necessary to reflect the removal of the Scarborough LRT from the Program.

 

all on such terms and conditions as are satisfactory to the City Manager and TTC Chief Executive Officer, in consultation with any other relevant City officials, and in a form acceptable to the City Solicitor.

 

2.         Commit to funding the City's share of the cost of construction of a Scarborough Subway by:

 

a.         Directing the Deputy City Manager and Chief Financial Officer to prepare a Development Charge By-law to include the City's share of capital costs in respect of the Scarborough Subway project for  Council consideration in 2014

 

b.         Requesting the Province of Ontario to make appropriate amendments to the Development Charges Act for the purposes of the Scarborough Subway Project similar to those made by the Province for the Toronto York Spadina Subway Extension project

 

c.         Requesting the Federal Government to contribute Toronto's fair share of federal funding under the P3 Canada Fund, the Building Canada Fund and all other available sources of federal funding for the construction of the Scarborough Subway.

 

d.         Committing to a property tax increase over three years, dedicated to funding a Scarborough Subway, in an amount between 1.1% and  2.4%  (depending upon the amount of funding received through Recommendations 2(2)(a) and (c)), on the residential property class, and 1/3 of such a rate increase on the non-residential property classes (in accordance with current City policy), starting with a minimum tax rate increase in 2014 of 0.5% on the residential property class, together with the corresponding 1/3 rate increase on the non-residential property classes, with the balance of the residential and non-residential three year rate increase to be phased-in in the years 2015 and 2016.

 

3.         Notwithstanding Recommendation 2.d., City Council request the Deputy City Manager and Chief Financial Officer to investigate alternative sources of funding for consideration and report to the Budget Committee, such report to include options to reduce or eliminate the recommended tax increase in 2014 and further reduce the tax increase to .25% for the remaining phase in years.

 

4.         Direct the appropriate City officials to seek the necessary approval under the Environmental Assessment Act be sought using the Transit Project Approval Process as set out in Ontario Regulation 231/08, as amended.

 

5.         Authorize the appropriate City officials to take all actions necessary to give effect to this recommendation.

 

Amended by motion 4 by Councillor Mihevc, motion 9 by Councillor Fragedakis and motion 12 by Councillor Fletcher.  Part 3 of motion 1 by Mayor Ford did not carry.

Vote (Amend Item) Jul-17-2013 2:53 PM

Result: Lost Majority Required - CC37.17 - Mayor Ford - motion 1 - Part 3 only
Total members that voted Yes: 21 Members that voted Yes are Paul Ainslie, Raymond Cho, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Gloria Lindsay Luby, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Anthony Perruzza, David Shiner, Karen Stintz
Total members that voted No: 23 Members that voted No are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Josh Colle, Janet Davis, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Gord Perks, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Giorgio Mammoliti

Vote (Amend Item) Jul-17-2013 2:54 PM

Result: Carried Majority Required - CC37.17 - Mayor Ford - balance of motion 1, as amended
Total members that voted Yes: 28 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Anthony Perruzza, David Shiner, Karen Stintz, Michael Thompson
Total members that voted No: 16 Members that voted No are Maria Augimeri, Shelley Carroll, Janet Davis, Sarah Doucette, John Filion, Paula Fletcher, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Denzil Minnan-Wong, John Parker, Gord Perks, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Giorgio Mammoliti

2 - Motion to Amend Item (Additional) moved by Councillor Josh Matlow (Redundant)

That:

 

1.         City Council approve Option 'A' contained in the report (July 12, 2013) from the  City Manager's confirming its support for the Scarborough LRT project under the Master Agreement

 

2.         Should Option 'B' contained in the report (July 12, 2013) from the City Manager be adopted, City Council reaffirm its support for the Metrolinx Master Agreement signed by the City on November 29, 2012, in the event that the expected monies from the Provincial and Federal governments, as specified by the City Manager's report, are not committed to by August 2, 2013.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 2 by Councillor Matlow redundant due to Council's adoption of motion 1 by Mayor Rob Ford, as amended.


3 - Motion to Amend Item (Additional) moved by Councillor Shelley Carroll (Lost)

That in the event that City Council adopts Option B in the report (July 12, 2013) from the City Manager:

 

1.         City Council direct the City Manager to include in materials accompanying the EA required to implement Recommendation B:

 

a.         a map showing the originally proposed alignment resulting from the SRT Replacement EA conducted in 2006; and

 

b.         the Ridership Potential broken down by residential, employment and student travel for:

 

             i.         the proposed subway;

             ii.        the current alignment; and

             iii.       the Scarborough/Malvern LRT.

Vote (Amend Item (Additional)) Jul-17-2013 2:56 PM

Result: Lost Majority Required - CC37.17 - Carroll - motion 3
Total members that voted Yes: 21 Members that voted Yes are Maria Augimeri, Shelley Carroll, Raymond Cho, Janet Davis, Sarah Doucette, John Filion, Paula Fletcher, Mike Layton, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Denzil Minnan-Wong, Ron Moeser, John Parker, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 23 Members that voted No are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Josh Matlow, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, David Shiner, Michael Thompson
Total members that were Absent: 1 Members that were absent are Giorgio Mammoliti

4 - Motion to Amend Motion moved by Councillor Joe Mihevc (Carried)

3RD REVISED MOTION 4

 

That motion 1 by Mayor Ford be amended by:

 

1.          adding to the introductory statement in Option B the words:

 

"contingent on:

 

a.         new federal funding equal to 50% of the net capital costs 

b.         provincial contribution of $1.8 billion (2010 $);

 

c.         no other funding outlined in the Metrolinx and City of Toronto Master Agreement being re-allocated to the extension of the Bloor Danforth line from:

 

                i.      Sheppard LRT;

                ii.     Finch LRT;

                iii.     Eglinton LRT; and

 

d.         no reallocation of existing City revenues from other services to pay for the subway.",

 

2.          making the resulting adjustments to the property tax increase in Part 2d,

 

So that motion 1 now reads as follows:

 

That City Council adopt Option B contained in the report (July 12, 2013) from the City Manager with the addition of a new Recommendation 3 and the balance of the Recommendations re-numbered accordingly, as follows:

 

B.              City Council confirm its support for the Scarborough Subway contingent on:

 

a.         new federal funding equal to 50% of the net capital costs;

 

b.         provincial contribution of $1.8 billion (2010 $);

 

c.         no other funding outlined in the Metrolinx and City of Toronto Master Agreement being re-allocated to the extension of the Bloor Danforth line from:

 

                             i.     Sheppard LRT;

                             ii.    Finch LRT;

                             iii.    Eglinton LRT; and

 

d.         no reallocation of existing City revenues from other services to pay for the subway

 

and

 

1.         Authorize the City Manager to amend the Master Agreement, and, if necessary, enter into a separate agreement with Metrolinx and the Province, to:

 

a.         remove the Scarborough LRT from the description of the program to be constructed by Metrolinx under the Master Agreement (the "Program");

 

b.         amend the overall Program budget by reducing it by $1.8 Billion representing the anticipated cost of constructing the Scarborough LRT (the "LRT Amount");

 

c.         ensure that the Master Agreement continues to apply to the interchange between the Scarborough Subway and the Sheppard East LRT at Sheppard East Station, and the Eglinton Crosstown LRT at Kennedy Station;

 

d.         redirect to the City for the purpose of the construction of the Scarborough Subway, the following amounts:

 

i.          the LRT Amount (defined above as $1.8 Billion), indexed by an appropriate cost escalation factor from 2010 to the date of transfer to the City (the "Indexed LRT Amount"), payable to the City in a manner to be agreed upon by the parties having regard to ensuring that the City's financing charges or contract payments related to the Indexed LRT Amount are fully offset over the life of the City's financing, or contract payments in respect of the Indexed LRT Amount; and

 

ii.         the estimated value, as agreed to by the parties, of any costs which would have been borne by Metrolinx under the Master Agreement in respect of  the Scarborough LRT  related to operations, capital maintenance, and such other costs as may be negotiated between the parties; and

 

e.         make any further amendments to the Master Agreement as may be necessary to reflect the removal of the Scarborough LRT from the Program.

 

all on such terms and conditions as are satisfactory to the City Manager and TTC Chief Executive Officer, in consultation with any other relevant City officials, and in a form acceptable to the City Solicitor.

 

2.         Commit to funding the City's share of the cost of construction of a Scarborough Subway by:

 

a.         Directing the Deputy City Manager and Chief Financial Officer to prepare a Development Charge By-law to include the City's share of capital costs in respect of the Scarborough Subway project for  Council consideration in 2014

 

b.         Requesting the Province of Ontario to make appropriate amendments to the Development Charges Act for the purposes of the Scarborough Subway Project similar to those made by the Province for the Toronto York Spadina Subway Extension project

 

c.         Requesting the Federal Government to contribute Toronto's fair share of federal funding under the P3 Canada Fund, the Building Canada Fund and all other available sources of federal funding for the construction of the Scarborough Subway.

 

d.         Committing to a property tax increase over three years, dedicated to funding a Scarborough Subway, in an amount of 1.1%, on the residential property class, and 1/3 of such a rate increase on the non-residential property classes (in accordance with current City policy), starting with a minimum tax rate increase in 2014 of 0.5% on the residential property class, together with the corresponding 1/3 rate increase on the non-residential property classes, with the balance of the residential and non-residential two year rate increase to be phased-in in year 2015.

 

3.         Notwithstanding Recommendation 2.d., City Council request the Deputy City Manager and Chief Financial Officer to investigate alternative sources of funding for consideration and report to the Budget Committee, such report to include options to reduce or eliminate the recommended tax increase in 2014 and further reduce the tax increase to .25% for the remaining phase in years.

 

4.         Direct the appropriate City officials to seek the necessary approval under the Environmental Assessment Act be sought using the Transit Project Approval Process as set out in Ontario Regulation 231/08, as amended.

 

5.         Authorize the appropriate City officials to take all actions necessary to give effect to this recommendation.

Vote (Amend Motion) Jul-17-2013 2:44 PM

Result: Carried Majority Required - CC37.17 - Mihevc - revised motion 4
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Gloria Lindsay Luby, Josh Matlow, John Parker, David Shiner
Total members that were Absent: 1 Members that were absent are Giorgio Mammoliti

5 - Motion to Refer Item moved by Councillor Denzil Minnan-Wong (Lost)

That City Council refer the Item to the City Manager for a report directly back to City Council on:

 

i.          the impact of a subway extension of the transit network;

 

ii.         confirmed funding commitments from the Federal Government;

 

iii.         an adjusted 10 year capital plan that recommends changes to keep the City within its debt services policy; and

 

iv.         a comparison of operating and maintenance costs of an LRT vs. a subway.

Vote (Refer Item) Jul-16-2013 7:23 PM

Result: Lost Majority Required - CC37.17 - Minnan-Wong - motion 5 - Refer the item
Total members that voted Yes: 12 Members that voted Yes are Maria Augimeri, Shelley Carroll, Janet Davis, Paula Fletcher, Mike Layton, Gloria Lindsay Luby, Denzil Minnan-Wong, Ron Moeser, Gord Perks, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 32 Members that voted No are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Anthony Perruzza, David Shiner, Karen Stintz, Michael Thompson
Total members that were Absent: 1 Members that were absent are Giorgio Mammoliti

6 - Motion to Amend Motion moved by Councillor Janet Davis (Lost)

That motion 5 by Councillor Minnan-Wong be amended so that it now reads as follows:

 

That City Council refer the Item to the City Manager for a report directly back to City Council at a Special Council meeting in September 2013 at the call of the Mayor on:

 

i.          the impact of a subway extension on the transit network;

 

ii.         confirmed funding commitments from the Federal and Provincial Governments;

 

iii.        an adjusted 10 year capital plan that recommends changes to keep the City within its debt services policy; and

 

iv.        a comparison of operating and maintenance costs of an LRT vs. a subway;

 

City Council also request the Chief Planner to submit a interim report on the "Feeling Congested" Official Plan Review findings to this Special Council meeting;

 

and in the interim City Council request Metrolinx to extend the August 2, 2013 deadline to September 2013.

Vote (Amend Motion) Jul-16-2013 7:21 PM

Result: Lost Majority Required - CC37.17 - Davis - motion 6
Total members that voted Yes: 14 Members that voted Yes are Maria Augimeri, Shelley Carroll, Janet Davis, Sarah Doucette, Paula Fletcher, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Denzil Minnan-Wong, Ron Moeser, Gord Perks, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 30 Members that voted No are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Anthony Perruzza, David Shiner, Karen Stintz, Michael Thompson
Total members that were Absent: 1 Members that were absent are Giorgio Mammoliti

7a - Motion to Amend Item (Additional) moved by Councillor John Filion (Redundant)

That any share of City funding for a Scarborough subway be provided through a combination of new sales tax, gas tax and development charges so that no new capital debt is incurred and no additional pressure is placed on the City's operating budget, and that City Council request the appropriate orders of government to provide mechanisms to enable such funding.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 7a by Councillor Filion redundant due to Council's adoption of motion 1 by Mayor Rob Ford, as amended.


7b - Motion to Amend Item (Additional) moved by Councillor John Filion (Redundant)

That, in keeping with the Mayor's funding proposal for the Scarborough subway option:

 

1.         City Council allocate $5 per household for 4 years as its contribution to the Scarborough subway, and that any additional funds come from the Federal and Provincial Governments.

 

2.         Should the City's funding contribution in Recommendation 1 be deemed insufficient by the Provincial Government, City Council state its support for the already funded Scarborough LRT.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 7b by Councillor Filion redundant due to Council's adoption of motion 1 by Mayor Rob Ford, as amended.


8 - Motion to Amend Item (Additional) moved by Councillor Michelle Berardinetti (Carried)

That:

 

1.         City Council request the Chief Executive Officer, Toronto Transit Commission to arrange a third party audit of the sunk costs declared by Metrolinx, to ensure that such costs are accurate and valid.

Vote (Amend Item (Additional)) Jul-17-2013 2:57 PM

Result: Carried Majority Required - CC37.17 - Berardinetti - motion 8
Total members that voted Yes: 27 Members that voted Yes are Ana Bail„o, Michelle Berardinetti, Raymond Cho, Josh Colle, Vincent Crisanti, Glenn De Baeremaeker, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, Mike Layton, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 17 Members that voted No are Paul Ainslie, Maria Augimeri, Shelley Carroll, Gary Crawford, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Doug Ford, Doug Holyday, Norman Kelly, Josh Matlow, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), John Parker, Gord Perks
Total members that were Absent: 1 Members that were absent are Giorgio Mammoliti

9 - Motion to Amend Motion moved by Councillor Mary Fragedakis (Carried)

That motion 1 by Mayor Ford be amended by adding to the introductory statement in Option B the words "only as it pertains to the conversion of the Scarborough LRT to a Scarborough Subway" so that motion 1 now reads as follows:

 

B.        City Council confirm its support for the Scarborough Subway and:

 

1.         Authorize the City Manager to amend the Master Agreement only as it pertains to the conversion of the Scarborough LRT to a Scarborough Subway, and, if necessary, enter into a separate agreement with Metrolinx and the Province, to:

 

a.         remove the Scarborough LRT from the description of the program to be constructed by Metrolinx under the Master Agreement (the "Program");

 

b.         amend the overall Program budget by reducing it by $1.8 Billion representing the anticipated cost of constructing the Scarborough LRT (the "LRT Amount");

 

c.         ensure that the Master Agreement continues to apply to the interchange between the Scarborough Subway and the Sheppard East LRT at Sheppard East Station, and the Eglinton Crosstown LRT at Kennedy Station;

 

d.         redirect to the City for the purpose of the construction of the Scarborough Subway, the following amounts:

 

i.          the LRT Amount (defined above as $1.8 Billion), indexed by an appropriate cost escalation factor from 2010 to the date of transfer to the City (the "Indexed LRT Amount"), payable to the City in a manner to be agreed upon by the parties having regard to ensuring that the City's financing charges or contract payments related to the Indexed LRT Amount are fully offset over the life of the City's financing, or contract payments in respect of the Indexed LRT Amount; and

 

ii.         the estimated value, as agreed to by the parties, of any costs which would have been borne by Metrolinx under the Master Agreement in respect of  the Scarborough LRT  related to operations, capital maintenance, and such other costs as may be negotiated between the parties; and

 

e.         make any further amendments to the Master Agreement as may be necessary to reflect the removal of the Scarborough LRT from the Program.

 

all on such terms and conditions as are satisfactory to the City Manager and TTC Chief Executive Officer, in consultation with any other relevant City officials, and in a form acceptable to the City Solicitor.

 

2.         Commit to funding the City's share of the cost of construction of a Scarborough Subway by:

 

a.         Directing the Deputy City Manager and Chief Financial Officer to prepare a Development Charge By-law to include the City's share of capital costs in respect of the Scarborough Subway project for Council consideration in 2014

 

b.         Requesting the Province of Ontario to make appropriate amendments to the Development Charges Act for the purposes of the Scarborough Subway Project similar to those made by the Province for the Toronto York Spadina Subway Extension project

 

c.         Requesting the Federal Government to contribute Toronto's fair share of federal funding under the P3 Canada Fund, the Building Canada Fund and all other available sources of federal funding for the construction of the Scarborough Subway.

 

d.         Committing to a property tax increase over three years, dedicated to funding a Scarborough Subway, in an amount between 1.1% and  2.4%  (depending upon the amount of funding received through Recommendations 2(2)(a) and (c)), on the residential property class, and 1/3 of such a rate increase on the non-residential property classes (in accordance with current City policy), starting with a minimum tax rate increase in 2014 of 0.5% on the residential property class, together with the corresponding 1/3 rate increase on the non-residential property classes, with the balance of the residential and non-residential three year rate increase to be phased-in in the years 2015 and 2016.

 

3.         Notwithstanding Recommendation 2.d., City Council request the Deputy City Manager and Chief Financial Officer to investigate alternative sources of funding for consideration and report to the Budget Committee, such report to include options to reduce or eliminate the recommended tax increase in 2014 and further reduce the tax increase to .25% for the remaining phase in years.

 

4.         Direct the appropriate City officials to seek the necessary approval under the Environmental Assessment Act be sought using the Transit Project Approval Process as set out in Ontario Regulation 231/08, as amended.

 

5.         Authorize the appropriate City officials to take all actions necessary to give effect to this recommendation.

Vote (Amend Motion) Jul-17-2013 2:45 PM

Result: Carried Majority Required - CC37.17 - Fragedakis - motion 9
Total members that voted Yes: 42 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Josh Matlow, Denzil Minnan-Wong
Total members that were Absent: 1 Members that were absent are Giorgio Mammoliti

10 - Motion to Amend Motion moved by Councillor David Shiner (Lost)

That Recommendation 3 in motion 1 by Mayor Ford be amended to now read as follows:

 

3.         Notwithstanding Recommendation 2.d., City Council request the Deputy City Manager and Chief Financial Officer to investigate alternative sources of funding for consideration and report to the Budget Committee, such report to include:

 

i.          options to reduce or eliminate the recommended tax increase in 2014 and further reduce the tax increase to .25% for the remaining phase in years;

 

ii.         the option to re-allocate annually on a cumulative basis at least $25 million from the Land Transfer Tax revenue to a Toronto Transit Expansion Reserve Account (TTERA) and to use the new TTERA towards the funding for the Scarborough Subway Extension and other expansion of the Toronto Transit System; and

 

iii.         requesting the Provincial and Federal Governments to commit to annually matching the City's contribution to the TTERA funds so as to fund ongoing expansion of the transit system in Toronto.

Vote (Amend Motion) Jul-17-2013 2:50 PM

Result: Lost Majority Required - CC37.17 - Shiner - motion 10
Total members that voted Yes: 21 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Glenn De Baeremaeker, Mike Del Grande, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Mary-Margaret McMahon, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 23 Members that voted No are Paul Ainslie, Ana Bail„o, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Mike Layton, Josh Matlow, Pam McConnell, Joe Mihevc, Peter Milczyn, John Parker, Gord Perks, Adam Vaughan
Total members that were Absent: 1 Members that were absent are Giorgio Mammoliti

11 - Motion to Amend Motion moved by Councillor Adam Vaughan (Redundant)

That Motion 1 by Mayor Ford be amended by deleting the introductory statement in Option B "Authorize the City Manager to amend the Master Agreement, and, if necessary, enter into a separate agreement with Metrolinx and the Province", and adding the following new introductory statement:

 

"Require the City Manager to negotiate the necessary changes to the Metrolinx Master Agreement as they relate to the Scarborough LRT as outlined below and bring any changes back to Council for ratification",

 

so that motion 1 now reads as follows:

 

B.          City Council confirm its support for the  Scarborough Subway and:

 

1.          Require the City Manager to negotiate the necessary changes to the Metrolinx Master Agreement and other agreements as they relate to the Scarborough LRT as outlined below and bring any changes back to Council for ratification:

 

a.         remove the Scarborough LRT from the description of the program to be constructed by Metrolinx under the Master Agreement (the "Program");

 

b.         amend the overall Program budget by reducing it by $1.8 Billion representing the anticipated cost of constructing the Scarborough LRT (the "LRT Amount");

 

c.         ensure that the Master Agreement continues to apply to the interchange between the Scarborough Subway and the Sheppard East LRT at Sheppard East Station, and the Eglinton Crosstown LRT at Kennedy Station;

 

d.         redirect to the City for the purpose of the construction of the Scarborough Subway, the following amounts:

 

i.          the LRT Amount (defined above as $1.8 Billion), indexed by an appropriate cost escalation factor from 2010 to the date of transfer to the City (the "Indexed LRT Amount"), payable to the City in a manner to be agreed upon by the parties having regard to ensuring that the City's financing charges or contract payments related to the Indexed LRT Amount are fully offset over the life of the City's financing, or contract payments in respect of the Indexed LRT Amount; and

 

ii.         the estimated value, as agreed to by the parties, of any costs which would have been borne by Metrolinx under the Master Agreement in respect of  the Scarborough LRT  related to operations, capital maintenance, and such other costs as may be negotiated between the parties; and

 

e.         make any further amendments to the Master Agreement as may be necessary to reflect the removal of the Scarborough LRT from the Program.

 

all on such terms and conditions as are satisfactory to the City Manager and TTC Chief Executive Officer, in consultation with any other relevant City officials, and in a form acceptable to the City Solicitor.

 

2.         Commit to funding the City's share of the cost of construction of a Scarborough Subway by:

 

a.         Directing the Deputy City Manager and Chief Financial Officer to prepare a Development Charge By-law to include the City's share of capital costs in respect of the Scarborough Subway project for  Council consideration in 2014

 

b.         Requesting the Province of Ontario to make appropriate amendments to the Development Charges Act for the purposes of the Scarborough Subway Project similar to those made by the Province for the Toronto York Spadina Subway Extension project

 

c.         Requesting the Federal Government to contribute Toronto's fair share of federal funding under the P3 Canada Fund, the Building Canada Fund and all other available sources of federal funding for the construction of the Scarborough Subway.

 

d.         Committing to a property tax increase over three years, dedicated to funding a Scarborough Subway, in an amount between 1.1% and  2.4%  (depending upon the amount of funding received through Recommendations 2(2)(a) and (c)), on the residential property class, and 1/3 of such a rate increase on the non-residential property classes (in accordance with current City policy), starting with a minimum tax rate increase in 2014 of 0.5% on the residential property class, together with the corresponding 1/3 rate increase on the non-residential property classes, with the balance of the residential and non-residential three year rate increase to be phased-in in the years 2015 and 2016.

 

3.         Notwithstanding Recommendation 2.d., City Council request the Deputy City Manager and Chief Financial Officer to investigate alternative sources of funding for consideration and report to the Budget Committee, such report to include options to reduce or eliminate the recommended tax increase in 2014 and further reduce the tax increase to .25% for the remaining phase in years.

 

4.         Direct the appropriate City officials to seek the necessary approval under the Environmental Assessment Act be sought using the Transit Project Approval Process as set out in Ontario Regulation 231/08, as amended.

 

5.         Authorize the appropriate City officials to take all actions necessary to give effect to this recommendation.

Ruling by Speaker Frances Nunziata (Upheld)
Speaker Nunziata ruled motion 11 by Councillor Vaughan redundant due to Council's adoption of motion 9 by Councillor Fragedakis.
Challenged by Councillor Gord Perks


12 - Motion to Amend Motion moved by Councillor Paula Fletcher (Carried)

That Recommendation 2 of motion 1 by Mayor Ford be amended by adding the following new Part e:

 

e.         Requesting the provincial and federal governments to commit their portion of funding by September 30, 2013,

 

so that Recommendation 2 now reads as follows:

 

2.         Commit to funding the City's share of the cost of construction of a Scarborough Subway by:

 

a.         Directing the Deputy City Manager and Chief Financial Officer to prepare a Development Charge By-law to include the City's share of capital costs in respect of the Scarborough Subway project for  Council consideration in 2014

 

b.         Requesting the Province of Ontario to make appropriate amendments to the Development Charges Act for the purposes of the Scarborough Subway Project similar to those made by the Province for the Toronto York Spadina Subway Extension project

 

c.         Requesting the Federal Government to contribute Toronto's fair share of federal funding under the P3 Canada Fund, the Building Canada Fund and all other available sources of federal funding for the construction of the Scarborough Subway.

 

d.         Committing to a property tax increase over three years, dedicated to funding a Scarborough Subway, in an amount between 1.1% and  2.4%  (depending upon the amount of funding received through Recommendations 2(2)(a) and (c)), on the residential property class, and 1/3 of such a rate increase on the non-residential property classes (in accordance with current City policy), starting with a minimum tax rate increase in 2014 of 0.5% on the residential property class, together with the corresponding 1/3 rate increase on the non-residential property classes, with the balance of the residential and non-residential three year rate increase to be phased-in in the years 2015 and 2016.

 

e.          Requesting the provincial and federal governments to commit their portion of funding by September 30, 2013.

Vote (Amend Motion) Jul-17-2013 2:51 PM

Result: Carried Majority Required - CC37.17 - Fletcher - motion 12
Total members that voted Yes: 28 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Chin Lee, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 16 Members that voted No are Maria Augimeri, Raymond Cho, Gary Crawford, Mike Del Grande, Frank Di Giorgio, Mark Grimes, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Denzil Minnan-Wong, John Parker, James Pasternak, Jaye Robinson, David Shiner, Michael Thompson
Total members that were Absent: 1 Members that were absent are Giorgio Mammoliti

13 - Motion to Amend Item (Additional) moved by Councillor Karen Stintz (Out of Order)

That:

 

1.         City Council request the Chief Executive Officer, Toronto Transit Commission to:

 

a.         immediately commence the work to obtain the Scarborough Subway Transit Project Environmental Assessment approvals;

 

b.         establish a dedicated team similar to the Spadina Subway Extension to deliver the Scarborough Subway; and

 

c.         consider the financial merit of transferring the Tunnel Boring Machines (TBMs) at the completion of the tunneling for the Spadina Subway Extension to the Scarborough Subway project (at fair market value credited to the Spadina Subway).

 

2.         City Council increase the Toronto Transit Commission Capital Budget by $10 million for 2013-2014 to commence work on the Scarborough Subway immediately.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 13 by Councillor Stintz out of order as the subject of the motion was not before Council for debate.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jul-17-2013 2:58 PM

Result: Carried Majority Required - CC37.17 - Adopt the item as amended
Total members that voted Yes: 28 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Paula Fletcher, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Anthony Perruzza, David Shiner, Karen Stintz, Michael Thompson
Total members that voted No: 16 Members that voted No are Maria Augimeri, Shelley Carroll, Janet Davis, Sarah Doucette, John Filion, Mary Fragedakis, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Denzil Minnan-Wong, John Parker, Gord Perks, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Giorgio Mammoliti

Motion to End Debate moved by Councillor Raymond Cho (Lost)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on deferral motion 5 by Councillor Minnan-Wong and take the vote on motion 5 immediately.

Vote (End Debate) Jul-16-2013 7:01 PM

Result: Lost Two-Thirds Required - CC37.17 - Cho - End debate on the deferral motion 5
Total members that voted Yes: 26 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, John Filion, Doug Ford, Norman Kelly, Chin Lee, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson
Total members that voted No: 18 Members that voted No are Maria Augimeri, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Denzil Minnan-Wong, Ron Moeser, John Parker, Anthony Perruzza, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Giorgio Mammoliti

Point of Privilege by Councillor Mike Del Grande

Councillor Del Grande, rising on a Point of Privilege, stated that he was aware that new information may have come to light following the question period on this Item.  Councillor Del Grande further stated that he wished to get clarification from the City Manager on whether there was new information before Council votes on the matter.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and asked Council whether it wished to bring the City Manager back to the floor for questions.


Point of Order by Councillor Joe Mihevc

Councillor Mihevc, rising on a Point of Order, stated that new information on this matter should be provided to City Council in writing, and not by bringing staff back to the floor for questions.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and advised Council that the City Manager would submit further information to Council, in writing.

Rulings (City Council)

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that Councillor Moeser could not place a motion on this Item as he had not made the motion at the beginning of his speaking time.

Source: Toronto City Clerk at www.toronto.ca/council