Item - 2015.PW7.20

Tracking Status

  • City Council adopted this item on November 3, 2015 with amendments.
  • City Council considered this item on September 30, 2015 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • This item was considered by Public Works and Infrastructure Committee on September 22, 2015. It is being forwarded to City Council without recommendations. It will be considered by City Council on September 30, 2015.

PW7.20 - Loan Program for Replacement of Residential Private-Side Lead Water Service Pipes

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on November 3 and 4, 2015, adopted the following:

 

1. City Council direct the General Manager, Toronto Water to consider accelerating the annual number of Priority Lead Water Service Replacements.

 

2. City Council direct the General Manager, Toronto Water and the Director, Strategic Communications, in consultation with other staff, as appropriate, to review and improve outreach efforts and communications about the Priority Lead Water Service Replacement Program, the Faucet Filter Rebate Program and the lead testing program.

 

3. City Council request the Director, Toronto Office of Partnerships, in consultation with other staff, as appropriate, to approach local financial institutions to discuss and review the feasibility of low interest or easily accessible loans for residential private side lead water service pipe replacements.

 

4. City Council request the Director, Toronto Affordable Housing Office, in consultation with other appropriate City staff, to report back to the Public Works and Infrastructure Committee in the first quarter of 2016, on the feasibility of "Toronto Renovates" funds to be used for private lead water pipes, as an essential repair to bring a home up to acceptable standards, such as heating, plumbing, fire safety, electrical and accessibility modification.

Public Notice Given

Background Information (Committee)

(August 17, 2015) Report from the Deputy City Manager & Chief Financial Officer and the General Manager, Toronto Water on a Loan Program for Replacement of Residential Private-Side Lead Water Service Pipes
https://www.toronto.ca/legdocs/mmis/2015/pw/bgrd/backgroundfile-83235.pdf

Communications (City Council)

(November 3, 2015) E-mail from Kelly Costa (CC.New.PW7.20.1)

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Jaye Robinson (Carried)

That:

 

1.  City Council direct the General Manager, Toronto Water to consider accelerating the annual  number of Priority Lead Water Service Replacements.

 

2.  City Council direct the General Manager, Toronto Water and the Director, Strategic Communications, in consultation with other staff, as appropriate, to review and improve outreach efforts and communications about the Priority Lead Water Service Replacement Program, the Faucet Filter Rebate Program and the lead testing program.

 

3.  City Council request the Director, Toronto Office of Partnerships, in consultation with other staff, as appropriate, to approach local financial institutions to discuss and review the feasibility of low interest or easily accessible loans for residential private side lead water service pipe replacements.

 

4.  City Council request the Director, Toronto Affordable Housing Office, in consultation with other appropriate City staff, to report back to the Public Works and Infrastructure Committee in the first quarter of 2016, on the feasibility of "Toronto Renovates" funds to be used for private lead water pipes, as an essential repair to bring a  home up to acceptable standards, such as heating, plumbing, fire safety, electrical and accessibility modification.

Vote (Adopt Item as Amended) Nov-03-2015 4:25 PM

Result: Carried Majority Required - PW7.20 - Robinson - motion 1 - Part 1
Total members that voted Yes: 35 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 10 Members that were absent are Paul Ainslie, Ana Bail„o, Glenn De Baeremaeker, Rob Ford, Jim Karygiannis, Norman Kelly, Pam McConnell, Ron Moeser, David Shiner, Michael Thompson

Vote (Adopt Item as Amended) Nov-03-2015 4:26 PM

Result: Carried Majority Required - PW7.20 - Robinson - motion 1 - Part 2
Total members that voted Yes: 34 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Denzil Minnan-Wong
Total members that were Absent: 10 Members that were absent are Paul Ainslie, Ana Bail„o, Glenn De Baeremaeker, Rob Ford, Jim Karygiannis, Norman Kelly, Pam McConnell, Ron Moeser, David Shiner, Michael Thompson

Vote (Adopt Item as Amended) Nov-03-2015 4:27 PM

Result: Carried Majority Required - PW7.20 - Robinson - motion 1 - Part 3
Total members that voted Yes: 24 Members that voted Yes are Michelle Berardinetti, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Justin J. Di Ciano, Frank Di Giorgio, John Filion, Mary Fragedakis, Mark Grimes, Stephen Holyday, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, John Tory
Total members that voted No: 11 Members that voted No are Maria Augimeri, John Campbell, Joe Cressy, Janet Davis, Sarah Doucette, Paula Fletcher, Mike Layton, Giorgio Mammoliti, Joe Mihevc, Gord Perks, Kristyn Wong-Tam
Total members that were Absent: 10 Members that were absent are Paul Ainslie, Ana Bail„o, Glenn De Baeremaeker, Rob Ford, Jim Karygiannis, Norman Kelly, Pam McConnell, Ron Moeser, David Shiner, Michael Thompson

Vote (Adopt Item as Amended) Nov-03-2015 4:27 PM

Result: Carried Majority Required - PW7.20 - Robinson - motion 1 - Part 4
Total members that voted Yes: 34 Members that voted Yes are Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Maria Augimeri
Total members that were Absent: 10 Members that were absent are Paul Ainslie, Ana Bail„o, Glenn De Baeremaeker, Rob Ford, Jim Karygiannis, Norman Kelly, Pam McConnell, Ron Moeser, David Shiner, Michael Thompson

2a - Motion to Amend Item moved by Councillor Janet Davis (Lost)

That City Council adopt the following recommendations contained in the report (August 17, 2015) from the Deputy City Manager and Chief Financial Officer and the General Manager, Toronto Water:

 

1.  City Council authorize the Deputy City Manager & Chief Financial Officer and the General Manager, Toronto Water, to:

 

a.  Establish and implement a loan program to provide financial assistance to eligible residential property owners to replace the private-side lead water service pipes on their properties with copper plumbing in accordance with the loan program guidelines outlined in this report (the "Loan Program");

 

b.  Periodically review the Loan Program and, where deemed appropriate, and in consultation with the City Solicitor, make any necessary administrative changes to the Loan Program; and

 

c.  Review and report back in three (3) years on the effectiveness of the Loan Program.

 

2.  City Council authorize the Deputy City Manager & Chief Financial Officer to:

 

a.  Draw funds for the Loan Program from the Working Capital Reserve;

 

b.  Repay funds to the Working Capital Reserve as loan repayments are received by the City; and

 

c.  Establish the interest rate(s), as may be determined from time to time, to be charged to eligible residential property owners for any loans under the Loan Program, and any related financial terms and conditions.

 

3.  City Council authorize the establishment of an administrative fee in the amount of $50.00 payable by all property owners participating in the Loan Program, and that Chapter 441 of the City of Toronto Municipal Code be amended to add the fee.

 

4.  City Council authorize the City Treasurer or his or her designate to enter into and execute any necessary loan agreements with participating eligible residential property owners on the terms and conditions set out in this report, and on such terms and conditions satisfactory to the Deputy City Manager & Chief Financial Officer and the General Manager, Toronto Water, in a form satisfactory to the City Solicitor.

Vote (Amend Item) Nov-03-2015 4:28 PM

Result: Lost Majority Required - PW7.20 - Davis - motion 2a
Total members that voted Yes: 12 Members that voted Yes are Maria Augimeri, Shelley Carroll, Joe Cressy, Janet Davis, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mike Layton, Joe Mihevc, Gord Perks, Anthony Perruzza, Kristyn Wong-Tam
Total members that voted No: 23 Members that voted No are Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Justin J. Di Ciano, Frank Di Giorgio, John Filion, Mark Grimes, Stephen Holyday, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Jaye Robinson, John Tory
Total members that were Absent: 10 Members that were absent are Paul Ainslie, Ana Bail„o, Glenn De Baeremaeker, Rob Ford, Jim Karygiannis, Norman Kelly, Pam McConnell, Ron Moeser, David Shiner, Michael Thompson

2b - Motion to Amend Item moved by Councillor Janet Davis (Redundant)

That, as part of the Loan Program, City Council delegate authority to the Deputy City Manager and Chief Financial Officer or designate to register any outstanding loan amounts against the title of the property where necessary and will assist in safeguarding the City's interest.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 2b by Councillor Davis redundant due to Council's adoption of motion 1 by Councillor Robinson.


Point of Privilege by Councillor Gord Perks

Councillor Perks, rising on a Point of Privilege, stated that Councillor Matlow's questions of staff are highly irregular. Councillor Perks further stated that the Councillor implied that staff do not support the Loan Program when staff had submitted a report to Committee that a loan program be based on certain criteria.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and permitted Councillor Matlow to clarify his remarks.


Point of Privilege by Councillor Josh Matlow

Councillor Matlow, rising on a Point of Privilege, stated that he was not implying that staff do not support the program. Councillor Matlow further stated that the report from staff was in response to a previous Council decision and he was seeking clarification on whether staff would have rather brought forward another alternative.


Point of Order by Councillor Gord Perks

Councillor Perks, rising on a Point of Order, stated that he would like clarification on whether the recommendations in motion 1 by Councillor Robinson are complimentary or contrary to the recommendations in motions 2a and 2by by Councillor Davis.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and asked the City Clerk to respond.

The City Clerk advised Council that two or more programs could stand together. The City Clerk further advised that once all motions have been placed, further advice would be provided at that time, if required.

PW7.20 - Loan Program for Replacement of Residential Private-Side Lead Water Service Pipes

Decision Type:
ACTION
Status:
Deferred
Wards:
All

City Council Decision

City Council on September 30, October 1 and 2, 2015, deferred consideration of Item PW7.20 until the November 3 and 4, 2015 meeting of City Council.

Public Notice Given

Background Information (Committee)

(August 17, 2015) Report from the Deputy City Manager & Chief Financial Officer and the General Manager, Toronto Water on a Loan Program for Replacement of Residential Private-Side Lead Water Service Pipes
https://www.toronto.ca/legdocs/mmis/2015/pw/bgrd/backgroundfile-83235.pdf

Motions (City Council)

1 - Motion to Defer Item moved by Councillor Jaye Robinson (Carried)

That consideration of the item be deferred until the November 3 and 4, 2015 meeting of City Council.

Vote (Defer Item) Oct-02-2015 5:10 PM

Result: Carried Majority Required - PW7.20 Robinson - motion 1 - Defer the item
Total members that voted Yes: 22 Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Jon Burnside, John Campbell, Shelley Carroll, Raymond Cho, Josh Colle, Justin J. Di Ciano, Frank Di Giorgio, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Chin Lee, Josh Matlow, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Jaye Robinson, Michael Thompson, John Tory
Total members that voted No: 11 Members that voted No are Maria Augimeri, Ana Bail„o, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, Paula Fletcher, Pam McConnell, Mary-Margaret McMahon, Gord Perks, Anthony Perruzza, Kristyn Wong-Tam
Total members that were Absent: 12 Members that were absent are Christin Carmichael Greb, Gary Crawford, Joe Cressy, Vincent Crisanti, John Filion, Rob Ford, Norman Kelly, Mike Layton, Giorgio Mammoliti, Ron Moeser, James Pasternak, David Shiner

PW7.20 - Loan Program for Replacement of Residential Private-Side Lead Water Service Pipes

Decision Type:
ACTION
Status:
Without Recs
Wards:
All

Public Notice Given

Committee Recommendations

The Public Works and Infrastructure Committee forwards the item to City Council without recommendation as all motions lost on a tie vote.

Origin

(August 17, 2015) Report from the Deputy City Manager and Chief Financial Officer and the General Manager, Toronto Water

Summary

This report is in response to a direction from City Council on August 25, 2014, to report back on the details of a self-funded City loan program for homeowners seeking to replace their private-side lead service water pipes on residential properties with copper plumbing.

 

While it was originally contemplated back in 2014 that a loan, under any such loan program, would be secured as a local improvement charge on the applicable residential property, for the reasons outlined in this report, it is now recommended that the local improvement charge mechanism not be used and, instead, that the proposed loan program be based on the criteria outlined in this report.

Background Information

(August 17, 2015) Report from the Deputy City Manager & Chief Financial Officer and the General Manager, Toronto Water on a Loan Program for Replacement of Residential Private-Side Lead Water Service Pipes
https://www.toronto.ca/legdocs/mmis/2015/pw/bgrd/backgroundfile-83235.pdf

Speakers

Councillor Janet Davis

Motions

1 - Motion to Defer Item Indefinitely moved by Councillor Jaye Robinson (Lost)

That consideration of this item be deferred indefinitely.


2 - Motion to Adopt Item moved by Councillor Ron Moeser (Lost)
Source: Toronto City Clerk at www.toronto.ca/council