Item - 2015.EX5.1

Tracking Status

  • City Council adopted this item on May 5, 2015 with amendments.
  • This item was considered by Executive Committee on April 22, 2015 and was adopted with amendments. It will be considered by City Council on May 5, 2015.
  • See also By-law 525-2015

EX5.1 - Development Charges By-law Amendment - Scarborough Subway Extension

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on May 5, 6 and 7, 2015, adopted the following:

 

1.  City Council enact the development charges by-law amendment attached as Appendix 1 to the report (April 8, 2015) from the Deputy City Manager and Chief Financial Officer.

 

2.  City Council, for the purposes of complying with the Development Charges Act, 1997, adopt the 2015 Development Charges Amendment Background Study: Transit Service - Scarborough Subway Extension, dated April 7, 2015, including the development charges capital program contained therein.

 

3.  City Council determine that, pursuant to section 12 of the Development Charges Act, 1997, no further public meeting is required.

 

4.  City Council express its intent that the development-related cost of post-2022 capacity identified in the Background Study be carried forward into future development charges by-law reviews for potential cost recovery from future development charges or other similar charges.

 

5.  City Council authorize the City Solicitor, in consultation with the Deputy City Manager and Chief Financial Officer, to make such housekeeping, technical and minor amendments to the by-law as necessary to give effect to Council's decision.

 

6.  City Council receive the supplementary report (May 1, 2015) from the Deputy City Manager and Chief Financial Officer, for information.

Public Notice Given

Statutory - Development Charges Act, SO 1997

Background Information (Committee)

(April 8, 2015) Report from the Deputy City Manager and Chief Financial Officer on Development Charges By-law Amendment - Scarborough Subway Extension
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-78962.pdf
Appendix 1 - Proposed Development Charges By-law Amendment
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-78945.pdf
Appendix 2 - 2015 Development Charges Amendment Background Study: Transit Service - Scarborough Subway Extension
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-78946.pdf
(April 1, 2015) Notice of Public Meeting Regarding Development Charges By-law
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-78820.pdf
(April 22, 2015) Presentation from the Deputy City Manager and Chief Financial Officer on City of Toronto 2015 Scarborough Subway Development Charges Bylaw Amendment
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-79236.pdf

Background Information (City Council)

(May 1, 2015) Supplementary report from the Deputy City Manager and Chief Financial Officer on 2015 Development Charges By-law Amendment - Results of Public Meeting (EX5.1a)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-79817.pdf
Attachment 1 - Development Charges By-law Amendment
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-79818.pdf
(May 4, 2015) Letter from Steve Deveaux, BILD Chair
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-79819.pdf

Communications (Committee)

(April 20, 2015) E-mail from Sharon Yetman (EX.Supp.EX5.1.1)
(April 21, 2015) E-mail from Hugh Grant (EX.Supp.EX5.1.2)
(April 21, 2015) E-mail from Carolyn Johnson (EX.Supp.EX5.1.3)
(April 21, 2015) E-mail from Craig Smith, President, NAIOP, Commercial Real Estate Development Association (EX.Supp.EX5.1.4)
https://www.toronto.ca/legdocs/mmis/2015/ex/comm/communicationfile-52422.pdf
(April 21, 2015) E-mail from Steve Deveaux, Chairman, Building Industry and Land Development Association (BILD) (EX.Supp.EX5.1.5)
https://www.toronto.ca/legdocs/mmis/2015/ex/comm/communicationfile-52423.pdf
(April 22, 2015) E-mail from Hugh Grant (EX.New.EX5.1.6)
(April 22, 2015) E-mail from Hamish Wilson (EX.New.EX5.1.7)

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Glenn De Baeremaeker (Carried)

That City Council receive the supplementary report (May 1, 2015) from the Deputy City Manager and Chief Financial Officer, for information.

Vote (Amend Item (Additional)) May-06-2015 11:51 AM

Result: Carried Majority Required - EX5.1 - De Baeremaeker - motion 1
Total members that voted Yes: 34 Members that voted Yes are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Mike Layton, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, John Tory, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Vincent Crisanti, Frank Di Giorgio, Norman Kelly, Anthony Perruzza
Total members that were Absent: 7 Members that were absent are Paul Ainslie, John Filion, Paula Fletcher, Rob Ford, Chin Lee, Pam McConnell, Michael Thompson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) May-06-2015 11:52 AM

Result: Carried Majority Required - EX5.1 - Adopt item as amended
Total members that voted Yes: 36 Members that voted Yes are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, John Tory, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Frank Di Giorgio, Giorgio Mammoliti, Anthony Perruzza
Total members that were Absent: 6 Members that were absent are Paul Ainslie, Paula Fletcher, Rob Ford, Chin Lee, Pam McConnell, Michael Thompson

Point of Order by Councillor Glenn De Baeremaeker

Councillor De Baeremaeker, rising on a Point of Order, stated that Councillor Perks should allow staff to answer questions as they deem appropriate. Councillor De Baeremaeker further stated that he wanted to hear the full response to the questions being asked of staff.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Perks had asked staff specific questions and had wanted specific answers.


Point of Privilege by Councillor Josh Colle

Councillor Colle, rising on a Point of Privilege, stated that it was very inappropriate for Councillor Perks to make comments and gesture while Councillor De Baeremaeker was rising on a Point of Order.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and ruled that Councillor Perks should apologize to Councillor De Baeremaeker for his remarks and gestures.

Councillor Perks apologized to Councillor De Baeremaeker.


Point of Privilege by Councillor Denzil Minnan-Wong

Deputy Mayor Minnan-Wong, rising on a Point of Privilege, stated that Councillor Augimeri was disrupting the meeting and making personal comments while Members were speaking.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and ruled that Members should refrain from making personal comments and interrupting other Members while they are speaking. Speaker Nunziata reminded the Members that all Members have the right to express their opinion and should respect each other.


Point of Order by Councillor John Campbell

Councillor Campbell, rising on a Point of Order, stated that the Item is about development charges, not the Scarborough subway and Councillor Perruzza should speak to the item before Council.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that the Item is about the Scarborough Subway.

Rulings (City Council)

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled Councillor Moeser's questions out of order as they were not on the matter before Council.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that Councillor Karygiannis should speak only on the Item before Council.

EX5.1 - Development Charges By-law Amendment - Scarborough Subway Extension

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Statutory - Development Charges Act, SO 1997

Committee Recommendations

The Executive Committee recommends that:

 

1.  City Council enact the development charges by-law amendment attached as Appendix 1 to the report (April 8, 2015) from the Deputy City Manager and Chief Financial Officer.

 

2.  City Council, for the purposes of complying with the Development Charges Act, 1997, adopt the 2015 Development Charges Amendment Background Study: Transit Service - Scarborough Subway Extension, dated April 7, 2015, including the development charges capital program contained therein.

 

3.  City Council determine that, pursuant to section 12 of the Development Charges Act, 1997, no further public meeting is required.

 

4.  City Council express its intent that the development-related cost of post-2022 capacity identified in the Background Study be carried forward into future development charges by-law reviews for potential cost recovery from future development charges or other similar charges.

 

5.  City Council authorize the City Solicitor, in consultation with the Deputy City Manager and Chief Financial Officer, to make such housekeeping, technical and minor amendments to the by-law as necessary to give effect to the recommendations contained herein.

Decision Advice and Other Information

The Executive Committee held a statutory public meeting on April 22, 2015, and notice was given in accordance with the Development Charges Act.

 

The Executive Committee directed that:

 

1.  The Deputy City Manager and Chief Financial Officer report directly to City Council with options, including an option which results in no loss of the anticipated $165 million revenue, and a recommended option, to phase-in the Development Charges By-law Amendment - Scarborough Subway Extension taking into account concerns heard at the April 22, 2015 Executive Committee.

 

The Deputy City Manager and Chief Financial Officer gave a presentation on City of Toronto 2015 Scarborough Subway Development Charges By-law Amendment.

Origin

(April 8, 2015) Report from the Deputy City Manager and Chief Financial Officer

Summary

At its meeting on October 8, 9, 10 and 11, 2013, Council directed staff to update the City's development charges by-law to include the Scarborough Subway Extension (SSE) project costs.  This report, together with the requisite Background Study and proposed by-law amendment, are presented in response to that Council direction.

 

The only change resulting from the proposed by-law amendment is to add development charges relating to the Scarborough Subway Extension to the schedule of development charges rates currently in effect.  The calculated Scarborough Subway Extension development charges rates represent a 10 percent and 11 percent increase to the 2013 adopted residential and non-residential development charges rates, respectively. 

 

The amended rates are proposed to come into effect on August 1, 2015 and be phased-in in accordance with the 2013 development charges by-law (85 percent and 100 percent of the adopted increase effective August 1, 2015 and February 1, 2016, respectively).  No other changes are proposed to the existing development charges by-law provisions or policies. 

 

Even with the increase, Toronto's development charges rates are competitive and remain well below the average charges imposed in the surrounding region.

Background Information

(April 8, 2015) Report from the Deputy City Manager and Chief Financial Officer on Development Charges By-law Amendment - Scarborough Subway Extension
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-78962.pdf
Appendix 1 - Proposed Development Charges By-law Amendment
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-78945.pdf
Appendix 2 - 2015 Development Charges Amendment Background Study: Transit Service - Scarborough Subway Extension
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-78946.pdf
(April 1, 2015) Notice of Public Meeting Regarding Development Charges By-law
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-78820.pdf
(April 22, 2015) Presentation from the Deputy City Manager and Chief Financial Officer on City of Toronto 2015 Scarborough Subway Development Charges Bylaw Amendment
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-79236.pdf

Communications

(April 20, 2015) E-mail from Sharon Yetman (EX.Supp.EX5.1.1)
(April 21, 2015) E-mail from Hugh Grant (EX.Supp.EX5.1.2)
(April 21, 2015) E-mail from Carolyn Johnson (EX.Supp.EX5.1.3)
(April 21, 2015) E-mail from Craig Smith, President, NAIOP, Commercial Real Estate Development Association (EX.Supp.EX5.1.4)
https://www.toronto.ca/legdocs/mmis/2015/ex/comm/communicationfile-52422.pdf
(April 21, 2015) E-mail from Steve Deveaux, Chairman, Building Industry and Land Development Association (BILD) (EX.Supp.EX5.1.5)
https://www.toronto.ca/legdocs/mmis/2015/ex/comm/communicationfile-52423.pdf
(April 22, 2015) E-mail from Hugh Grant (EX.New.EX5.1.6)
(April 22, 2015) E-mail from Hamish Wilson (EX.New.EX5.1.7)

Speakers

Hamish Wilson
Gary Switzer, Chair, BILD Toronto Chapter, and Audrey Jacob, IBI Group, Building Industry and Land Development Association
Heather Tremain, Options for Homes
Steve Deveaux
Councillor Glenn De Baeremaeker
Councillor Janet Davis
Councillor Justin DiCiano

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Ana Bail„o (Amended)

That the Deputy City Manager and Chief Financial Officer report directly to City Council with options, including a recommended option, to phase-in the Development Charges By-law Amendment - Scarborough Subway Extension taking into account concerns heard at the April 22, 2015 Executive Committee.


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

That the motion by Councillor Bailão be amended by inserting the words "including an option which results in no loss of the anticipated $165 million revenue" so that it now reads: 

 

That the Deputy City Manager and Chief Financial Officer report directly to City Council with options, including an option which results in no loss of the anticipated $165 million revenue, including a recommended option, to phase-in the Development Charges By-law Amendment - Scarborough Subway Extension taking into account concerns heard at the April 22, 2015 Executive Committee.


3 - Motion to Adopt Item as Amended moved by Mayor John Tory (Carried)
Source: Toronto City Clerk at www.toronto.ca/council