Item - 2013.GM26.8

Tracking Status

  • City Council adopted this item on December 16, 2013 without amendments.
  • This item was considered by Government Management Committee on November 21, 2013 and was adopted with amendments. It will be considered by City Council on December 16, 2013.

GM26.8 - Telecommunication Towers and Antennae Agreements between Rogers Communication Inc. and the City of Toronto

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

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

 

1.         City Council authorize the City to enter into a master licence agreement with Rogers for the installation, operation and maintenance of telecommunication equipment (the "Agreement") for the sites set out in Appendix "A" to the report (October 31, 2013) from the Chief Corporate Officer, and for further sites as may be authorized in the future, substantially on the terms set out in Appendix "B" and Confidential Attachment 1 to the report (October 31, 2013) from the Chief Corporate Officer, and such other terms and conditions acceptable to the Chief Corporate Officer (the "CCO"), in a form satisfactory to the City Solicitor.

 

2.         City Council authorize that the confidential information contained in Confidential Attachment 1 to the report (October 31, 2013) from the Chief Corporate Officer, be made public.

 

3.         City Council approve the licence fees contained in Confidential Attachment 1 and the major terms and conditions contained in Appendix "B" along with such other and terms and conditions as may be added or amended by the Chief Corporate Officer, in a form satisfactory to the City Solicitor with respect to licence agreements between the City and other wireless communications carriers (the "Other Agreements") for the installation, operation and maintenance of telecommunication equipment on sites which may be authorized in the future pursuant to the delegated approval process.

 

4.         City Council authorize the Chief Corporate Officer to administer and manage the Agreement, including the provision of any consents, approvals, waivers, notices and notices of termination, provided that the Chief Corporate Officer may, at any time, refer consideration of such matters to City Council for its determination and direction.

 

5.         City Council authorize the Chief Corporate Officer and the Director, Real Estate Services be authorized severally to execute the Agreement on behalf of the City.

 

6.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect to Council's decision.

 

Confidential Attachment 1 to the report (October 31, 2013) from the Chief Corporate Officer is now public in its entirety and can be accessed under Background Information (City Council).

Confidential Attachment - The security of the property of the municipality or local board

Background Information (Committee)

(October 31, 2013) Report from the Chief Corporate Officer on Telecommunication Towers and Antennae Agreements between Rogers Communication Inc. and the City of Toronto
https://www.toronto.ca/legdocs/mmis/2013/gm/bgrd/backgroundfile-63539.pdf
(October 31, 2013) Appendix A - Locations of Rogers Installations on Various City Properties
https://www.toronto.ca/legdocs/mmis/2013/gm/bgrd/backgroundfile-63542.pdf
(October 31, 2013) Appendix B - Major Terms and Conditions of the Agreement
https://www.toronto.ca/legdocs/mmis/2013/gm/bgrd/backgroundfile-63543.pdf
(October 31, 2013) Confidential Attachment 1 on Telecommunication Towers and Antennae Agreements between Rogers Communication Inc. and the City of Toronto

Background Information (City Council)

(December 13, 2013) Supplementary report from the Chief Corporate Officer on Design Protocol For Telecommunication Towers and Antennae (GM26.8a)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-64932.pdf
Attachment 1 - City of Toronto Telecommunications Tower and Antenna Protocol - Design Guideline Excerpt
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-64948.pdf
Attachment 2 - Transportation Services - Telecommunication Antenna Placement and Design Guidelines
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-64950.pdf
Confidential Attachment 1 - made public on December 24, 2013
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-65546.pdf
Confidential information - Licence Fee Schedule and Associated Zone Maps - made public on December 24, 2013
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-65547.pdf

Communications (Committee)

(November 19, 2013) E-mail from Jane Johnston (GM.New.GM26.8.1)
(November 19, 2013) E-mail from Smokey Dymny (GM.New.GM26.8.2)
(November 19, 2013) E-mail from Lori Penner (GM.New.GM26.8.3)
(November 20, 2013) Submission from Dr. Olle Johansson, Ph.D. Associate Professor, The Experimental Dermatology Unit, Department of Neuroscience, Karolinska Institutet (GM.New.GM26.8.4)
(November 19, 2013) Letter from Margaret Friesen (GM.New.GM26.8.5)

Communications (City Council)

(December 13, 2013) Letter from Frank Clegg, Chief Executive Officer, Canadians for Safe Technology (CC.Supp.GM26.8.6)
(December 16, 2013) E-mail from Melissa Chalmers (CC.New.GM26.8.7)
(December 15, 2013) E-mail from Eileen Denny, Vice Chair, Confederation of Resident and Ratepayer Associations in Toronto (CORRA) (CC.New.GM26.8.8)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-44079.pdf
(December 16, 2013) E-mail from Frank Clegg, Chief Executive Officer, Canadians for Safe Technology (C4ST) (CC.New.GM26.8.9)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-44080.pdf
(December 16, 2013) E-mail from E. L. Cramp, Secretary, High Park Residents' Association (CC.New.GM26.8.10)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-44081.pdf
(December 16, 2013) E-mail from Jessica Wilson, Ossington Community Association (CC.New.GM26.8.11)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-44082.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Dec-18-2013 2:37 PM

Result: Carried Majority Required - GM26.8 - Adopt the item
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Gary Crawford, Glenn De Baeremaeker, Frank Di Giorgio, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Anthony Perruzza, David Shiner, Kristyn Wong-Tam
Total members that voted No: 9 Members that voted No are Maria Augimeri, Michelle Berardinetti, Janet Davis, Mike Del Grande, Sarah Doucette, Joe Mihevc, Jaye Robinson, Karen Stintz, Adam Vaughan
Total members that were Absent: 12 Members that were absent are Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Vincent Crisanti, John Filion, Paula Fletcher, Giorgio Mammoliti, Josh Matlow, Ron Moeser, James Pasternak, Michael Thompson

GM26.8 - Telecommunication Towers and Antennae Agreements between Rogers Communication Inc. and the City of Toronto

Decision Type:
ACTION
Status:
Amended
Wards:
All

Confidential Attachment - The security of the property of the municipality or local board

Committee Recommendations

The Government Management Committee recommends that:

 

1.         City Council authorize the City to enter into a master licence agreement with Rogers for the installation, operation and maintenance of telecommunication equipment (the "Agreement") for the sites set out in Appendix "A" to the report (October 31, 2013) from the Chief Corporate Officer, and for further sites as may be authorized in the future, substantially on the terms set out in Appendix "B" and Confidential Attachment 1 to the report (October 31, 2013) from the Chief Corporate Officer, and such other terms and conditions acceptable to the Chief Corporate Officer (the "CCO"), in a form satisfactory to the City Solicitor.

 

2.         City Council authorize that the confidential information contained in Attachment 1 - Confidential Information to the report (October 31, 2013) from the Chief Corporate Officer, will be made public once Council approves this report.

 

3.         City Council approve the licence fees contained in Attachment 1 – Confidential Information and the major terms and conditions contained in Appendix "B" along with such other and terms and conditions as may be added or amended by the CCO, in a form satisfactory to the City Solicitor  with respect to licence agreements between the City and other wireless communications carriers (the "Other Agreements") for the installation, operation and maintenance of telecommunication equipment on sites which may be authorized in the future pursuant to the delegated approval process.

 

4.         City Council authorize the CCO to administer and manage the Agreement, including the provision of any consents, approvals, waivers, notices and notices of termination, provided that the CCO may, at any time, refer consideration of such matters to City Council for its determination and direction.

 

5.         City Council authorize the CCO and the Director of Real Estate Services be authorized severally to execute the Agreement on behalf of the City.

 

6.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto. 

Decision Advice and Other Information

The Government Management Committee requested the Chief Corporate Officer to meet with Rogers Communications Inc. to establish better design protocols for the installation of Cellular Transmission Equipment on City of Toronto property which would eliminate the unsightly installations that are currently installed on public property and report directly to City Council.

Origin

(October 31, 2013) Report from the Chief Corporate Officer

Summary

This report seeks Council approval for the City of Toronto to:

 

(a)        Enter into a new licence agreement with Rogers Communication Inc. ("Rogers") which would replace existing, expired licence agreements with Rogers Wireless (a predecessor corporation to Rogers) for telecommunication equipment on various City properties as listed in Appendix "A".

 

(b)        Approve the major terms and conditions as set out in Appendix B of new licence agreements with other wireless communications carriers on sites to be authorized in the future.

Background Information

(October 31, 2013) Report from the Chief Corporate Officer on Telecommunication Towers and Antennae Agreements between Rogers Communication Inc. and the City of Toronto
https://www.toronto.ca/legdocs/mmis/2013/gm/bgrd/backgroundfile-63539.pdf
(October 31, 2013) Appendix A - Locations of Rogers Installations on Various City Properties
https://www.toronto.ca/legdocs/mmis/2013/gm/bgrd/backgroundfile-63542.pdf
(October 31, 2013) Appendix B - Major Terms and Conditions of the Agreement
https://www.toronto.ca/legdocs/mmis/2013/gm/bgrd/backgroundfile-63543.pdf
(October 31, 2013) Confidential Attachment 1 on Telecommunication Towers and Antennae Agreements between Rogers Communication Inc. and the City of Toronto

Communications

(November 19, 2013) E-mail from Jane Johnston (GM.New.GM26.8.1)
(November 19, 2013) E-mail from Smokey Dymny (GM.New.GM26.8.2)
(November 19, 2013) E-mail from Lori Penner (GM.New.GM26.8.3)
(November 20, 2013) Submission from Dr. Olle Johansson, Ph.D. Associate Professor, The Experimental Dermatology Unit, Department of Neuroscience, Karolinska Institutet (GM.New.GM26.8.4)
(November 19, 2013) Letter from Margaret Friesen (GM.New.GM26.8.5)

Speakers

Barbara Payne
Dan Welland
Deborah McCutcheon
Arlene Dewdney

Motions

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

That the Government Management Committee request the Chief Corporate Officer to meet with Rogers Communications Inc. to establish better design protocols for the installation of Cellular Transmission Equipment on City of Toronto property which would eliminate the unsightly installations that are currently installed on public property and report directly to City Council.


2 - Motion to Adopt Item as Amended moved by Councillor David Shiner (Carried)
Source: Toronto City Clerk at www.toronto.ca/council