Item - 2013.EX31.27

Tracking Status

  • City Council adopted this item on May 7, 2013 with amendments.
  • This item was considered by Executive Committee on April 23, 2013 and was adopted with amendments. It will be considered by City Council on May 7, 2013.

EX31.27 - Request from Porter Airlines for Exemption to Commercial Jet Ban at Billy Bishop Toronto City Airport.

Decision Type:
ACTION
Status:
Amended

City Council Decision

City Council on May 7, 8, 9 and 10, 2013, adopted the following:

 

1.         City Council request a signed letter of intent from the Toronto Port Authority and the Government of Canada (represented by the Minister of Transport) confirming (i) their interest in responding to the proposal from Porter Airlines to examine the feasibility and implications of commercial jet service at BBTCA, (ii) their agreement to provide information that may be requested from them to conduct a technical assessment of the Porter Airlines proposal and (iii) to work cooperatively with the City, which may include the provision of their resources;

 

2.         City Council advise the Toronto Port Authority and the federal Minister of Transportation of City Council's expectation that all protections and provisions for General Aviation governed and protected by the Tripartite Agreement be upheld and enforced by the Toronto Port Authority.

 

3.         City Council request the City Manager to report back to the July 3, 2013 meeting of the Executive Committee with advice on Porter's request to amend the Tripartite Agreement governing the Billy Bishop Toronto City Airport, and specifically:

 

a.         the approval process required to amend the Tripartite Agreement;

 

b.         whether it is possible to remove the exclusion of jet aircraft from the airport while maintaining the current noise limitations and, if so, whether specifically exempting the CS-100 aircraft type from the current limitation is better than simply removing the ban on jet propulsion technology while continuing to enforce the noise and other limitations;

 

c.         the potential economic impact/opportunity associated with the request;

 

d.         whether recent or anticipated changes to Transport Canada regulations regarding Runway End Safety Areas may require changes to runway lengths at BBTCA and how Porter's request would be impacted by those regulations;

 

e.         the potential noise, environmental and traffic/congestion impacts associated with the request as well as any impacts on the City's ongoing waterfront revitalization work; and

 

f.          other factors that should be considered by Committee and Council.

 

4.         City Council request the City Manager to consult with the Toronto District School Board and the affected school community when preparing the report.

 

5.         City Council request the City Manager to consult with Waterfront Toronto and the Toronto and Region Conservation Authority when preparing the report.

 

6.         City Council request the City Manager to consult with the Greater Toronto Airport Authority (GTAA), NAV Canada, and other aviation industry stakeholders as part of the report back to the Executive Committee on July 3, 2013.

 

7.         City Council request the City Manager, in his forthcoming report, to include an analysis on the precedents of jet use in other major waterfront cities and any cost/benefits of such.

 

8.         City Council increase the 2013 Approved Operating Budget for City Planning, in the amount of $275,000 gross, $275,000 revenue and $0 net, for the purpose of Phase 1 of the evaluation of the Porter Airlines request subject to receipt of third party funding from the Toronto Port Authority.

 

9.         City Council request the Deputy City Manager responsible for the Waterfront Initiative to secure a funding commitment from the TPA for the proposed Phase 2 work.

 

10.       City Council request the Deputy City Manager responsible for the Waterfront Initiative to undertake the following work and report on the results to the July 3, 2013 Executive Committee meeting:

 

a.         Evaluate the extent to which commercial and general aviation operations at BBTCA conform to the current terms and conditions of the Tripartite Agreement;

 

b.         Evaluate the overall passenger and airport capacity that can be achieved in accordance to the Tripartite Agreement;

 

c.         Establish a methodology for evaluating the airport within the broader planning policy framework;

 

d.         Evaluate the airside and landside constraints and related infrastructure requirements relevant to expansion of aeronautical and non-aeronautical operations at BBTCA;

 

e.         Evaluate the physical and operational requirements associated with Porter Airlines proposal for the use of regional jet aircraft (Bombardier CS-100 series) including, but not limited to: City infrastructure required to support an increase in aeronautical and non-aeronautical operations, compatibility with current Noise Exposure Forecast (NEF) Contour standards, and changes to takeoff and landing approach surfaces, protected airspace and the marine exclusion zone;

 

f.          Conduct a preliminary analysis of economic impacts and opportunities regarding maritime, aviation, and other uses and users that may be affected by the physical and operational expansion of BBTCA including the introduction of regularly scheduled regional jet service, and the impact on the manufacturing sector in Toronto of the assembly of CS-100 aircraft in Canada;

 

g.         Conduct an initial public consultation meeting with respect to the Porter Airlines proposal;

 

h.         Bring forward any other information/studies deemed appropriate;

 

i.          Evaluate the impact to emergency services navigating from the harbour, through the Western Gap, to Lake Ontario;

 

j.          Evaluate the implications of the Open Skies agreement with the United States; and

 

k.         Evaluate the implications to Film Port and the film industry.

 

11.       City Council direct that any of the requested studies to be conducted exclude any expansion into the Toronto Island Park system south of the current southern boundaries of the airport in order to protect the trees, the bird sanctuary and public access to Hanlan's Point and it's swimming beach.

 

12.       City Council direct that any of the requested studies to be conducted exclude any consideration of either a runway or an extension of the Marine Exclusion Zone as currently configured, that would materially encroach upon the western channel shipping channel.

 

13.       City Council direct that any of the requested studies to be conducted exclude changes to the existing noise guidelines for individual airplanes or amendments to the provisions and guidelines that set the NEF contours currently in place.

 

14.       City Council authorize the Deputy City Manager, Cluster B, to enter into sole source agreements, if necessary, for the external consulting services related to the studies and work program described in the supplementary report (May 6, 2013) from Deputy City Manager, Cluster B.

 

15.       City Council direct that a third party fairness monitor, to be paid for by the applicant, be commissioned to oversee the contract.

Background Information (Committee)

(April 22, 2013) Letter from Mayor Ford on Request from Porter Airlines for Exemption to Commercial Jet Ban at Billy Bishop Toronto City Airport
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-57703.pdf
(April 22, 2013) Letter from Robert J. Deluce, President and CEO, Porter Airlines Request from Porter Airlines for Exemption to Commercial Jet Ban at Billy Bishop Toronto City Airport
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-57704.pdf

Background Information (City Council)

(May 6, 2013) Supplementary report from Deputy City Manager, Cluster B on Request from Porter Airlines for Exemption to Commercial Jet Ban at Billy Bishop Toronto City Airport (EX31.27a)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-58197.pdf

Communications (City Council)

(April 26, 2013) E-mail from Daphne Lavers (CC.Main.EX31.27.1)
(April 25, 2013) E-mail from Mary Pat Christie (CC.Main.EX31.27.2)
(April 25, 2013) E-mail from Michael Shelley (CC.Main.EX31.27.3)
(April 23, 2013) Letter from Robert (Bob) Rasmussen, Co-Chair, York Quay Neighbourhood Association (CC.Main.EX31.27.4)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-36803.pdf
(April 24, 2013) E-mail from Jacqueline Cook (CC.Main.EX21.27.5)
(April 28, 2013) Letter from Max Moore, Harbourfront Community Association (CC.Main.EX31.27.6)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-36805.pdf
(May 2, 2013) E-mail from Helen Toliver (CC.Supp.EX31.27.7)
(May 4, 2013) Letter from Steven Hills, Commodore, Queen City Yacht Club (CC.Supp.EX31.27.8)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-36923.pdf
(May 3, 2013) Letter from Denys Jones, Commodore and National Yacht Club Board of Directors (CC.Supp.EX31.27.9)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-36925.pdf
(May 3, 2013) E-mail from Rosalind Ross (CC.Supp.EX31.27.10)
(May 5, 2013) Fax from Diane Shears (CC.Supp.EX31.27.11)
(May 4, 2013) E-mail from Julie Beddoes (CC.Supp.EX31.27.12)
(May 5, 2013) Submission from Indro Bhattacharyya (CC.Supp.EX31.27.13)
(May 5, 2013) E-mail from Gwen and Gord Fogel (CC.Supp.EX31.27.14)
(May 6, 2013) E-mail from Kathleen McDonnell (CC.Supp.EX31.27.15)
(May 6, 2013) E-mail from Braz Menezes (CC.New.EX31.27.16)
(May 6, 2013) E-mail from Jonathon Maguire (CC.New.EX31.27.17)
(May 6, 2013) Letter from Tamara Bernstein (CC.New.EX31.27.18)
(May 6, 2013) E-mail from Celia Rasmussen (CC.New.EX31.27.19)
(May 6, 2013) E-mail from Ulla Colgrass (CC.New.EX31.27.20)
(May 6, 2013) Letter from William H. Roberts, Chair, Confederation of Resident and Ratepayer Associations in Toronto (CORRA) (CC.New.EX31.27.21)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-36955.pdf
(May 6, 2013) E-mail from Terence C. Wilkins (CC.New.EX31.27.22)
(May 6, 2013) E-mail from Anshul Kapoor (CC.New.EX31.27.23)
(May 6, 2013) E-mail from Shirley Bush (CC.New.EX31.27.24)
(May 6, 2013) Letter from Robert Deluce, President and CEO, Porter Airlines Inc. (CC.New.EX31.27.25)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-36961.pdf
(May 6, 2013) Letter from Jamie Keating, Commodore, Royal Canadian Yacht Club (CC.New.EX31.27.26)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-36967.pdf
(May 3, 2013) Letter from Derek A. Vanstone, Vice President, Corporate Strategy, Industry and Government Affairs, Air Canada (CC.New.EX31.27.27)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-36976.pdf
(May 6, 2013) E-mail from Gautam Malkani (CC.New.EX31.27.28)
(May 6, 2013) E-mail from Becky Liddle (CC.New.EX31.27.29)
(May 6, 2013) E-mail from Udo Kaul (CC.New.EX31.27.30)
(May 6, 2013) E-mail from Grant Orchard (CC.New.EX31.27.31)
(May 6, 2013) Letter from Andrew Judge, The Toronto Industry Network (CC.New.EX31.27.32)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-36998.pdf
(May 7, 2013) Letter from Diane Torlone (CC.New.EX31.27.33)
(May 7, 2013) E-mail from Norman Sherman (CC.New.EX31.27.34)
(May 7, 2013) E-mail from Daniel Mitroi (CC.New.EX31.27.35)
(May 7, 2013) E-mail from Frank Loritz (CC.New.EX31.27.36)
(May 7, 2013) E-mail from Simon Overington (CC.New.EX31.27.37)
(May 7, 2013) Submission from Councillor Adam Vaughan - information from Porter Airlines (CC.New.EX31.27.38)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-37006.pdf
(May 7, 2013) E-mail from Irene Withers (CC.New.EX31.27.39)
(May 7, 2013) Letter from Sarah Miller, Co-Chair, Environmental and Occupational Working Group of the Toronto Cancer Prevention Coalition and Norman Giesbrecht, Chair, Alcohol Working Group of the Toronto Cancer Prevention Coalition (CC.New.EX31.27.40)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-37008.pdf

Motions (City Council)

1a - Motion to Amend Item moved by Councillor Pam McConnell (Lost)

That City Council delete the recommendations of Executive Committee and instead adopt the following:

 

1.         City Council deny the request by Robert Deluce, President and Chief Executive Officer, Porter Airlines in his letter (April 22, 2013) for an exemption from the commercial jet ban and an extension into the water at each end of the main runway at the Billy Bishop Toronto City Airport.

Vote (Amend Item) May-07-2013 6:17 PM

Result: Lost Majority Required - EX31.27 - McConnell- motion 1a
Total members that voted Yes: 14 Members that voted Yes are Shelley Carroll, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mike Layton, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Anthony Perruzza, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 30 Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, John Filion, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

1b - Motion to Amend Item (Additional) moved by Councillor Pam McConnell (Carried)

That City Council adopt the recommendations contained in the supplementary report (May 6, 2013) from the Deputy City Manager, Cluster B (EX31.27a) subject to amending Recommendation 2 by deleting the words "Porter Airlines" and replacing them with the words "the Toronto Port Authority"; amending Recommendation 3 by deleting the word "request" and replacing it with the word "secure" and by deleting the words "both Porter Airlines"; and by amending Recommendation 4 by adding additional Parts, so that the recommendations, as amended read as follows:

 

1.         City Council request a signed letter of intent from the Toronto Port Authority and the Government of Canada (represented by the Minister of Transport) confirming (i) their interest in responding to the proposal from Porter Airlines to examine the feasibility and implications of commercial jet service at BBTCA, (ii) their agreement to provide information that may be requested from them to conduct a technical assessment of the Porter Airlines proposal and (iii) to work cooperatively with the City, which may include the provision of their resources;

 

2.         City Council increase the 2013 Approved Operating Budget for City Planning, in the amount of $275,000 gross, $275,000 revenue and $0 net, for the purpose of Phase 1 of the evaluation of the Porter Airlines request subject to receipt of third party funding from the Toronto Port Authority;

 

3.         City Council request the Deputy City Manager responsible for the Waterfront Initiative to secure a funding commitment from the TPA for the proposed Phase 2 work;

 

4.         City Council request the Deputy City Manager responsible for the Waterfront Initiative to undertake the following work and report on the results to the July 3, 2013 Executive Committee meeting:

 

a.         Evaluate the extent to which commercial and general aviation operations at BBTCA conform to the current terms and conditions of the Tripartite Agreement;

 

b.         Evaluate the overall passenger and airport capacity that can be achieved in accordance to the Tripartite Agreement;

 

c.         Establish a methodology for evaluating the airport within the broader planning policy framework;

 

d.         Evaluate the airside and landside constraints and related infrastructure requirements relevant to expansion of aeronautical and non-aeronautical operations at BBTCA;

 

e.         Evaluate the physical and operational requirements associated with Porter Airlines proposal for the use of regional jet aircraft (Bombardier CS-100 series) including, but not limited to: City infrastructure required to support an increase in aeronautical and non-aeronautical operations, compatibility with current Noise Exposure Forecast (NEF) Contour standards, and changes to takeoff and landing approach surfaces, protected airspace and the marine exclusion zone;

 

f.          Conduct a preliminary analysis of economic impacts and opportunities regarding maritime, aviation, and other uses and users that may be affected by the physical and operational expansion of BBTCA including the introduction of regularly scheduled regional jet service, and the impact on the manufacturing sector in Toronto of the assembly of CS-100 aircraft in Canada;

 

g.         Conduct an initial public consultation meeting with respect to the Porter Airlines proposal;

 

h.         Bring forward any other information/studies deemed appropriate;

 

i.           Evaluate the impact to emergency services navigating from the harbour, through the Western Gap, to Lake Ontario;

 

j.           Evaluate the implications of the Open Skies agreement with the United States; and

 

k.          Evaluate the implications to Film Port and the film industry.

Vote (Amend Item (Additional)) May-07-2013 6:19 PM

Result: Carried Majority Required - EX31.27 - McConnell - motion 1b
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, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are James Pasternak, David Shiner
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

2 - Motion to Amend Item (Additional) moved by Councillor James Pasternak (Carried)

That City Council request the City Manager, in his forthcoming report, to include an analysis on the precedents of jet use in other major waterfront cities and any cost/benefits of such.

Vote (Amend Item (Additional)) May-07-2013 6:20 PM

Result: Carried Majority Required - EX31.27 - Pasternak - motion 2
Total members that voted Yes: 37 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, Paula Fletcher, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 7 Members that voted No are Sarah Doucette, John Filion, Mary Fragedakis, Pam McConnell, John Parker, Karen Stintz, Adam Vaughan
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

3 - Motion to Amend Item (Additional) moved by Councillor Gord Perks (Lost)

That City Council direct the City Manager to ensure that there are no sole source contracts for the purpose of acquiring any of the consultants needed for any phase of the required studies.

 

Amended by motion 6b.

Vote (Amend Item (Additional)) May-07-2013 6:22 PM

Result: Lost Majority Required - EX31.27 - Perks - motion 3 as amended by motion 6b
Total members that voted Yes: 20 Members that voted Yes are Maria Augimeri, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Gord Perks, Anthony Perruzza, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 24 Members that voted No are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Giorgio Mammoliti, Josh Matlow, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

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

That City Council direct that a third party fairness monitor, to be paid for by the applicant, be commissioned to oversee the contract.

Vote (Amend Item (Additional)) May-07-2013 6:24 PM

Result: Carried Majority Required - EX31.27 - Mihevc - motion 4
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, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, 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, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Doug Holyday, David Shiner
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

5 - Motion to Defer Item moved by Councillor Mary-Margaret McMahon (Out of Order)

That consideration of the item be deferred until the Toronto Port Authority pays all outstanding Payment in Lieu of Taxes (PILT's) for the Billy Bishop Toronto City Airport and agrees to pay future PILT's based on current value assessment as determined by the Municipal Property Assessment Corporation.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 5 by Councillor McMahon out of order as the matter of payment in Lieu of Taxes for the Toronto Port Authority is not before Council.


6a - Motion to Amend Item moved by Councillor Janet Davis (Carried)

That City Council amend Executive Committee Recommendation 1.b. by deleting the words "Porter's recommended approach" and replacing the word "exempt" with "exempting" so that the recommendation now reads:

 

1.         City Council request the City Manager to report back to the July 3, 2013 meeting of the Executive Committee with advice on Porter's request to amend the Tripartite Agreement governing the Billy Bishop Toronto City Airport, and specifically:

 

a.         the approval process required to amend the Tripartite Agreement;

 

b.         whether it is possible to remove the exclusion of jet aircraft from the airport while maintaining the current noise limitations and, if so, whether specifically exempting the CS-100 aircraft type from the current limitation is better than simply removing the ban on jet propulsion technology while continuing to enforce the noise and other limitations;

Vote (Amend Item) May-07-2013 6:18 PM

Result: Carried Majority Required - EX31.27 - Davis - motion 6a
Total members that voted Yes: 41 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, 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, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Frank Di Giorgio, Ron Moeser, David Shiner
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

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

That motion 3 by Councillor Perks be amended by adding the words "or known conflict of interest" after the word "contracts" so that it now reads as follows:

 

City Council direct the City Manager to ensure that there are no sole source contracts or known conflicts of interest for the purpose of acquiring any of the consultants needed for any phase of the required studies.

Vote (Amend Motion) May-07-2013 6:21 PM

Result: Carried Majority Required - EX31.27 - Davis - motion 6b
Total members that voted Yes: 27 Members that voted Yes are Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 17 Members that voted No are Paul Ainslie, Michelle Berardinetti, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Jaye Robinson
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong
Ruling by Speaker Frances Nunziata (Not Upheld)
Speaker Nunziata ruled that Councillor Davis could not place her motions as she was in the middle of her speaking time and should have done so at the beginning of her remarks.
Challenged by Councillor Janet Davis


7 - Motion to Amend Item moved by Councillor Shelley Carroll (Redundant)

That City Council adopt the recommendations contained in the supplementary report (May 6, 2013) from the deputy City Manager, Cluster B (EX31.27a) as follows:

 

1.                  City Council request a signed letter of intent from the Toronto Port Authority and the Government of Canada (represented by the Minister of Transport) confirming (i) their interest in responding to the proposal from Porter Airlines to examine the feasibility and implications of commercial jet service at BBTCA, (ii) their agreement to provide information that may be requested from them to conduct a technical assessment of the Porter Airlines proposal and (iii) to work cooperatively with the City, which may include the provision of their resources;

 

2.                  City Council increase the 2013 Approved Operating Budget for City Planning, in the amount of $275,000 gross, $275,000 revenue and $0 net, for the purpose of Phase 1 of the evaluation of the Porter Airlines request subject to receipt of third party funding from Porter Airlines;

 

3.                  City Council request the Deputy City Manager responsible for the Waterfront Initiative to request a funding commitment from both Porter Airlines and  the TPA for the proposed Phase 2 work;

 

4.                 City Council request the Deputy City Manager responsible for the Waterfront Initiative to undertake the following work and report on the results to the July 3, 2013 Executive Committee meeting:

 

a.         Evaluate the extent to which commercial and general aviation operations at BBTCA conform to the current terms and conditions of the Tripartite Agreement;

 

b.         Evaluate the overall passenger and airport capacity that can be achieved in accordance to the Tripartite Agreement;

 

c.         Establish a methodology for evaluating the airport within the broader planning policy framework;

 

d.       Evaluate the airside and landside constraints and related infrastructure requirements relevant to expansion of aeronautical and non-aeronautical operations at BBTCA;

 

e.           Evaluate the physical and operational requirements associated with Porter Airlines proposal for the use of regional jet aircraft (Bombardier CS-100 series) including, but not limited to: City infrastructure required to support an increase in aeronautical and non-aeronautical operations, compatibility with current Noise Exposure Forecast (NEF) Contour standards, and changes to takeoff and landing approach surfaces, protected airspace and the marine exclusion zone;

 

f.           Conduct a preliminary analysis of economic impacts and opportunities regarding maritime, aviation, and other uses and users that may be affected by the physical and operational expansion of BBTCA including the introduction of regularly scheduled regional jet service, and the impact on the manufacturing sector in Toronto of the assembly of CS-100 aircraft in Canada;

 

g.         Conduct an initial public consultation meeting with respect to the Porter Airlines proposal: and

 

h.     Bring forward any other information/studies deemed appropriate.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 7 by Councillor Carroll redundant due to the adoption of motion 1b by Councillor McConnell.


8a - Motion to Amend Item (Additional) moved by Councillor Adam Vaughan (Carried)

That City Council direct that any of the requested studies to be conducted exclude any expansion into the Toronto Island Park system south of the current southern boundaries of the airport in order to protect the trees, the bird sanctuary and public access to Hanlan's Point and it's swimming beach.

Vote (Amend Item (Additional)) May-07-2013 6:25 PM

Result: Carried Majority Required - EX31.27 - Vaughan - motion 8a
Total members that voted Yes: 31 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 13 Members that voted No are Gary Crawford, Vincent Crisanti, Mike Del Grande, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Giorgio Mammoliti, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, Michael Thompson
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

8b - Motion to Amend Item (Additional) moved by Councillor Adam Vaughan (Amended)

 That City Council direct that any of the requested studies to be conducted exclude any consideration of either a runway or an extension of the Marine Exclusion Zone as currently configured, that would  encroach upon the western channel shipping channel.

 

Amended by motion 10 by Councillor Thompson.

Vote (Amend Item (Additional)) May-07-2013 6:26 PM

Result: Carried Majority Required - EX31.27 - Vaughan - motion 8b as amended by motion 10
Total members that voted Yes: 29 Members that voted Yes are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 15 Members that voted No are Paul Ainslie, Gary Crawford, Vincent Crisanti, Mike Del Grande, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Giorgio Mammoliti, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, David Shiner, Michael Thompson
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

8c - Motion to Amend Item (Additional) moved by Councillor Adam Vaughan (Carried)

 That City Council direct that any of the requested studies to be conducted exclude changes to the existing noise guidelines for individual airplanes or amendments to the provisions and guidelines that set the NEF contours currently in place.

Vote (Amend Item (Additional)) May-07-2013 6:27 PM

Result: Carried Majority Required - EX31.27 - Vaughan - motion 8c
Total members that voted Yes: 24 Members that voted Yes are Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Gord Perks, Anthony Perruzza, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 20 Members that voted No are Paul Ainslie, Michelle Berardinetti, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Giorgio Mammoliti, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Jaye Robinson, David Shiner, Michael Thompson
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

8d - Motion to Amend Item (Additional) moved by Councillor Adam Vaughan (Carried)

 That City Council advise the Toronto Port Authority and the federal Minister of Transportation of City Council's expectation that all protections and provisions for General Aviation governed and protected by the Tripartite Agreement be upheld and enforced by the Toronto Port Authority.

Vote (Amend Item (Additional)) May-07-2013 6:28 PM

Result: Carried Majority Required - EX31.27 - Vaughan - motion 8d
Total members that voted Yes: 26 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, John Parker, Gord Perks, Anthony Perruzza, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 18 Members that voted No are Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Jaye Robinson, David Shiner, Michael Thompson
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

9 - Motion to Amend Item (Additional) moved by Deputy Mayor Doug Holyday (Carried)

That City Council authorize the Deputy City Manager, Cluster B, to enter into sole source agreements, if necessary, for the external consulting services related to the studies and work program described in the supplementary report (May 6, 2013)  from Deputy City Manager, Cluster B.

Vote (Amend Item (Additional)) May-07-2013 6:23 PM

Result: Carried Majority Required - EX31.27 - Holyday - motion 9
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, John Filion, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Giorgio Mammoliti, Josh Matlow, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, David Shiner, Karen Stintz, Michael Thompson
Total members that voted No: 20 Members that voted No are Maria Augimeri, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

10 - Motion to Amend Motion moved by Councillor Michael Thompson (Carried)

That Motion 8b by Councillor Adam Vaughan be amended by adding the word "materially" after the word "would" so that the motion now reads:

 

That City Council direct that any of the requested studies to be conducted exclude any consideration of either a runway or an extension of the Marine Exclusion Zone as currently configured, that would materially encroach upon the western channel shipping channel.

Vote (Amend Motion) May-07-2013 6:26 PM

Result: Carried Majority Required - EX31.27 - Thompson - motion 10
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Doug Ford, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Giorgio Mammoliti, Josh Matlow, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Jaye Robinson, David Shiner, Michael Thompson
Total members that voted No: 20 Members that voted No are Maria Augimeri, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Mike Layton, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Anthony Perruzza, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

Motion to Adopt Item as Amended (Carried)

Adoption of Item EX31.27, with the exception of Executive Committee Recommendation 5.

Vote (Adopt Item as Amended) May-07-2013 6:30 PM

Result: Carried Majority Required - EX31.27 - Adopt the item as amended, except Recommendation 5
Total members that voted Yes: 29 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, John Filion, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson
Total members that voted No: 15 Members that voted No are Shelley Carroll, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mike Layton, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, John Parker, Gord Perks, Anthony Perruzza, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

Point of Privilege by Councillor Josh Matlow

Councillor Matlow, rising on a Point of Privilege, stated that Councillor Perks' remarks impugn a recognizable individual.

Ruling by Speaker Frances Nunziata (Not Upheld)
Speaker Nunziata accepted the Point of Privilege and ruled that Councillor Perks should apologize for his remarks and if he refuses, that he must leave the Chamber.
Challenged by Councillor Shelley Carroll

Rulings (City Council)

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled Executive Committee Recommendation 5 redundant due to Council's adoption of motion 1b by Councillor McConnell.

EX31.27 - Request from Porter Airlines for Exemption to Commercial Jet Ban at Billy Bishop Toronto City Airport.

Decision Type:
ACTION
Status:
Amended

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council request the City Manager to report back to the July 3, 2013 meeting of the Executive Committee with advice on Porter's request to amend the Tripartite Agreement governing the Billy Bishop Toronto City Airport, and specifically:

 

a.         The approval process required to amend the Tripartite Agreement;

 

b.         Whether it is possible to remove the exclusion of jet aircraft from the airport while maintaining the current noise limitations and, if so, whether Porter's recommended approach to specifically exempt the CS-100 aircraft type from the current limitation is better than simply removing the ban on jet propulsion technology while continuing to enforce the noise and other limitations;

 

c.         The potential economic impact/opportunity associated with the request;

 

d.         Whether recent or anticipated changes to Transport Canada regulations regarding Runway End Safety Areas may require changes to runway lengths at BBTCA and how Porter's request would be impacted by those regulations;

 

e.         The potential noise, environmental and traffic/congestion impacts associated with the request as well as any impacts on the City's ongoing waterfront revitalization work; and

 

f.          Other factors that should be considered by Committee and Council.

 

2.         City Council request the City Manager to consult with the Toronto District School Board and the affected school community when preparing the report.

 

3.         City Council request the City Manager to consult with Waterfront Toronto and the Toronto and Region Conservation Authority in preparing the report.

 

4.         City Council request the City Manager to consult with the Greater Toronto Airport Authority (GTAA), NAV Canada, and other aviation industry stakeholders as part of the report back to the Executive Committee on July 3, 2013.

 

5.         City Council request Porter Airlines to pay for all costs associated with these studies.

Origin

(April 22, 2013) Letter from the Mayor

Summary

As you know, Porter Airlines recently announced its conditional acquisition of Bombardier CS-100 "Whisper" Jets and plans to operate these aircraft from Billy Bishop Toronto City Airport (BBTCA). Doing so would require the City to consent to amendments to the Tripartite Agreement that governs the airport. Signatories to this agreement include: the City of Toronto, Government of Canada, and Toronto Port Authority.

 

Attached is a letter received today from Porter Airlines requesting the City to consent to an amendment of the Tripartite Agreement. Specifically, Porter is seeking amendments to the Agreement that would permit:

 

1.         Operation of Bombardier CS-100 jet aircraft from BBTCA, despite the Agreement's current prohibition on the use of jet aircraft.

 

2.         An extension of the runway.

 

Given the extensive public interest in this issue and the fact it may take City Staff some time to investigate and provide fact-based advice, I feel it is important to start the reporting process as quickly as possible. Therefore, I am requesting Executive Committee add this item to its agenda for April 23, 2013 solely for the purpose of requesting a report, on this issue, from the City Manager in July.

Background Information

(April 22, 2013) Letter from Mayor Ford on Request from Porter Airlines for Exemption to Commercial Jet Ban at Billy Bishop Toronto City Airport
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-57703.pdf
(April 22, 2013) Letter from Robert J. Deluce, President and CEO, Porter Airlines Request from Porter Airlines for Exemption to Commercial Jet Ban at Billy Bishop Toronto City Airport
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-57704.pdf

Speakers

Rowan Caister
Kathryn Exner, Bathurst Quay Neighbourhood Association
Councillor Adam Vaughan
Councillor Janet Davis

Motions

1 - Motion to Add New Business at Committee moved by Councillor Denzil Minnan-Wong (Carried)

2 - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

Add the following:

 

1.f.       The potential noise, environmental and traffic/congestion impacts associated with the request as well as any impacts on the City's ongoing waterfront revitalization work;


3 - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

That City Council request Porter Airlines to pay for all costs associated with these studies.


4 - Motion to Amend Item (Additional) moved by Councillor Paul Ainslie (Carried)

That the City Manager consult with the Toronto District School Board and the affected school community when preparing the report.


5 - Motion to Amend Item (Additional) moved by Councillor Peter Milczyn (Carried)

That:

 

City Council request the City Manager to consult with Waterfront Toronto and the Toronto and Region Conservation Authority in preparing the report.


6 - Motion to Amend Item (Additional) moved by Councillor Peter Milczyn (Carried)

That the City Manager be requested to consult with the Greater Toronto Airport Authority (GTAA), NAV Canada, and other aviation industry stakeholders as part of the report back to the Executive Committee on July 3, 2013.


7 - Motion to Adopt Item as Amended moved by Councillor Denzil Minnan-Wong (Carried)
Source: Toronto City Clerk at www.toronto.ca/council