Item - 2017.EX25.6

Tracking Status

  • City Council adopted this item on May 24, 2017 without amendments.
  • This item was considered by Executive Committee on May 16, 2017 and was adopted with amendments. It will be considered by City Council on May 24, 2017.

EX25.6 - Proposed Stormwater Charge - Results of Consultation and Next Steps

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on May 24, 25 and 26, 2017, adopted the following:

 

1.  City Council receive the report (May 2, 2017) from the General Manager, Toronto Water and the Deputy City Manager and Chief Financial Officer for information.

 

2.  City Council direct that the confidential information contained in Confidential Attachment 1 to the report (May 3, 2017) from the City Solicitor remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

 

Confidential Attachment 1 to the report (May 3, 2017) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, (2006) as it contains advice that is subject to solicitor-client privilege.

Public Notice Given

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege

Background Information (Committee)

(May 2, 2017) Report from the General Manager, Toronto Water and the Deputy City Manager and Chief Financial Officer on Proposed Stormwater Charge - Results of Consultation and Next Steps
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103535.pdf
Attachment A - Resource Assessment for Stormwater Charge Implementation & Sustainment
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103583.pdf
Attachment B - Stakeholder Written Feedback
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103584.pdf
Attachment C - Public Consultation Campaign Materials
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103586.pdf
Attachment D - Survey Results
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103587.pdf
Attachment E - Consultation - Issues and Responses
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103588.pdf
(May 10, 2017) Public Notice - Proposed Stormwater Charge - Results of Consultation and Next Steps
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103761.pdf

Communications (Committee)

(April 21, 2017) Letter from Derek R. Gray, Manager, Environmental Services, Greater Toronto Airports Authority (EX.Supp.EX25.6.1)
https://www.toronto.ca/legdocs/mmis/2017/ex/comm/communicationfile-69299.pdf
(May 13, 2017) Submission from Hamish Wilson (EX.Supp.EX25.6.2)
(May 15, 2017) Letter from Karey Shinn, Chair, Safe Sewage Committee (EX.Supp.EX25.6.3)
(May 16, 2017) Letter from Paul Scrivener, Paul Scrivener and Associates, on behalf of Andrew Judge, President, Toronto Industry Network (EX.Supp.EX25.6.4)
https://www.toronto.ca/legdocs/mmis/2017/ex/comm/communicationfile-69413.pdf
(May 15, 2017) Letter from Al Brezina, Executive Director, South Etobicoke Industrial Employers Association (EX.Supp.EX25.6.5)
https://www.toronto.ca/legdocs/mmis/2017/ex/comm/communicationfile-69414.pdf

Communications (City Council)

(May 23, 2017) E-mail from Hamish Wilson (CC.New.EX25.6.6)
(May 25, 2017) E-mail from Karen Buck (CC.New.EX25.6.7)

Motions (City Council)

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

That City Council delete Executive Committee Recommendation 1:

 

Recommendation to be deleted

 

1.  City Council receive the report (May 2, 2017) from the General Manager, Toronto Water and the Deputy City Manager and Chief Financial Officer for information.

 

and adopt instead the following recommendations contained in the report (May 2, 2017) from the General Manager, Toronto Water and the Deputy City Manager and Chief Financial Officer, with Recommendation 2 amended by adding the year "2019" before the words "annual budget process" and deleting the words "periodically" and "annual" so that the recommendations now read as follows:

 

1. Direct the General Manager, Toronto Water and the Deputy City Manager and Chief Financial Officer to consult with all stakeholders and report back to Executive Committee in the spring of 2019 with a review of the water rate structure as it pertains to:

 

a. An identification of any fixed-cost elements of the City's water, wastewater and stormwater programs that would be appropriate to recover through a fixed-rate and/or a fixed-fee, on the water account portion of the utility bill, rather than through the current water rate structure;

 

b. Recovering costs of stormwater management from properties that do not receive a utility bill with a water account or do not consume water;

 

c. Incentivizing stormwater management on large properties that do not consume significant amounts of water relative to property size or potential stormwater runoff impacts; and

d. Attracting and retaining the manufacturing sector in Toronto.

 

2. Direct the General Manager, Toronto Water and the Deputy City Manager and Chief Financial Officer to assess the state of technology relevant to the viability of automated geographic information system (GIS) analysis of stormwater runoff contributions from properties across Toronto and to periodically report back to Budget Committee during the 2019 annual budget process with findings of this assessment.

Vote (Amend Item) May-25-2017 6:16 PM

Result: Lost Majority Required - EX25.6 - Davis - motion 1
Total members that voted Yes: 17 Members that voted Yes are Maria Augimeri, Ana Bail„o, Shelley Carroll, Josh Colle, Joe Cressy, Janet Davis, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Neethan Shan, Kristyn Wong-Tam
Total members that voted No: 26 Members that voted No are Paul Ainslie, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, John Filion, Michael Ford, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Giorgio Mammoliti, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Anthony Perruzza, David Shiner, Michael Thompson, John Tory
Total members that were Absent: 1 Members that were absent are Jaye Robinson

Motion to End Debate moved by Deputy Mayor Denzil Minnan-Wong (Lost)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item EX25.6 and take the vote immediately.

Vote (End Debate) May-25-2017 5:25 PM

Result: Lost Two-Thirds Required - EX25.6 - Minnan-Wong - End debate
Total members that voted Yes: 22 Members that voted Yes are Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Justin J. Di Ciano, Frank Di Giorgio, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Giorgio Mammoliti, Mary-Margaret McMahon, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, David Shiner, John Tory
Total members that voted No: 13 Members that voted No are Paul Ainslie, Shelley Carroll, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, Paula Fletcher, Mike Layton, Josh Matlow, Pam McConnell, Joe Mihevc, Cesar Palacio, Gord Perks, Anthony Perruzza
Total members that were Absent: 9 Members that were absent are Joe Cressy, Vincent Crisanti, John Filion, Mary Fragedakis, Michelle Holland, Jaye Robinson, Neethan Shan, Michael Thompson, Kristyn Wong-Tam

Motion to Adopt Item (Carried)

Vote (Adopt Item) May-25-2017 6:17 PM

Result: Carried Majority Required - EX25.6 - Adopt the item
Total members that voted Yes: 27 Members that voted Yes are Paul Ainslie, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, John Filion, Michael Ford, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Giorgio Mammoliti, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Anthony Perruzza, David Shiner, Michael Thompson, John Tory
Total members that voted No: 16 Members that voted No are Maria Augimeri, Ana Bail„o, Shelley Carroll, Joe Cressy, Janet Davis, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Neethan Shan, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Jaye Robinson

Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, stated that in answering questions, staff should give the same information that was provided at Committee.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that Councillor Mammoliti did not have a Point of Order.


Point of Privilege by Councillor Stephen Holyday

Councillor Holyday, rising on a Point of Privilege, stated that Councillor Carroll had commented that he was not listening to the Deputy City Manager's answers and that he does not understand the technology. Councillor Holyday further stated that Councillor Carroll should not comment on whether or not he was listening, as he does have a good understanding of the item. 

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and thanked Councillor Holyday for his comments.

6a - Proposed Stormwater Charge - Results of Consultation and Next Steps

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege
Background Information (Committee)
(May 3, 2017) Report from the City Solicitor on Proposed Stormwater Charge - Results of Consultation and Next Steps
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103600.pdf
Confidential Attachment 1 - Proposed Stormwater Charge - Results of Consultation and Next Steps

EX25.6 - Proposed Stormwater Charge - Results of Consultation and Next Steps

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege

Committee Recommendations

The Executive Committee recommends that:

 

1.  City Council receive the report (May 2, 2017) from the General Manager, Toronto Water and the Deputy City Manager and Chief Financial Officer for information.

 

2.  City Council direct that the confidential information contained in Confidential Attachment 1 to the report (May 3, 2017) from the City Solicitor remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

Origin

(May 2, 2017) Report from the General Manager, Toronto Water and the Deputy City Manager and Chief Financial Officer

Summary

The City of Toronto's stormwater management program is currently funded from the water rate. In December 2015, City Council directed staff to develop an implementation plan for a stormwater charge, dedicated to funding the City's stormwater management program, which would result in the removal of the portion from the water rate that currently funds the stormwater management program. After developing a detailed stormwater charge implementation plan, staff executed a substantial consultation campaign to solicit feedback on the model from stakeholders and the general public.

 

Several issues related to the implementation of a stormwater charge were identified during the development of the implementation plan and the consultation process, the most important of which relate to: potential exemptions from the stormwater charge; no assurance that any overall reduction in a utility bill resulting from the implementation of a stormwater charge would be passed on to a tenant; strong demand from stakeholders and the public for more individualized stormwater charge formulations; and requests for incentives for homeowners. As a result of these issues, staff do not recommend the implementation of a stormwater charge at this time.

 

The recommendations in this report, if adopted, would direct staff instead to review the water rate structure as it pertains to: identifying fixed-cost elements that would be appropriate to charge as fixed-charges; recovering costs of stormwater management from properties that do not have water accounts; incentivizing stormwater management on large properties; and attracting and retaining the manufacturing sector in Toronto.

 

The recommendations would also direct staff to assess the state of technology relevant to the viability of automated geographic information system (GIS) analysis of stormwater runoff contributions from properties across Toronto and to periodically report back during the annual budget process with findings of this assessment.

Background Information

(May 2, 2017) Report from the General Manager, Toronto Water and the Deputy City Manager and Chief Financial Officer on Proposed Stormwater Charge - Results of Consultation and Next Steps
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103535.pdf
Attachment A - Resource Assessment for Stormwater Charge Implementation & Sustainment
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103583.pdf
Attachment B - Stakeholder Written Feedback
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103584.pdf
Attachment C - Public Consultation Campaign Materials
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103586.pdf
Attachment D - Survey Results
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103587.pdf
Attachment E - Consultation - Issues and Responses
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103588.pdf
(May 10, 2017) Public Notice - Proposed Stormwater Charge - Results of Consultation and Next Steps
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103761.pdf

Communications

(April 21, 2017) Letter from Derek R. Gray, Manager, Environmental Services, Greater Toronto Airports Authority (EX.Supp.EX25.6.1)
https://www.toronto.ca/legdocs/mmis/2017/ex/comm/communicationfile-69299.pdf
(May 13, 2017) Submission from Hamish Wilson (EX.Supp.EX25.6.2)
(May 15, 2017) Letter from Karey Shinn, Chair, Safe Sewage Committee (EX.Supp.EX25.6.3)
(May 16, 2017) Letter from Paul Scrivener, Paul Scrivener and Associates, on behalf of Andrew Judge, President, Toronto Industry Network (EX.Supp.EX25.6.4)
https://www.toronto.ca/legdocs/mmis/2017/ex/comm/communicationfile-69413.pdf
(May 15, 2017) Letter from Al Brezina, Executive Director, South Etobicoke Industrial Employers Association (EX.Supp.EX25.6.5)
https://www.toronto.ca/legdocs/mmis/2017/ex/comm/communicationfile-69414.pdf

Speakers

Hamish Wilson
Karen Buck
Derek Moran
Councillor Janet Davis
Councillor Giorgio Mammoliti
Councillor Shelley Carroll

Motions

1 - Motion to Amend Item moved by Mayor John Tory (Carried)

That:

 

1.  City Council receive the item for information.

 

2.  City Council direct that the confidential information contained in Confidential Attachment 1 to the report (May 3, 2017) from the City Solicitor remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

6a - Proposed Stormwater Charge - Results of Consultation and Next Steps

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege
Origin
(May 3, 2017) Report from the City Solicitor
Summary

This report should be read in conjunction with the report from the General Manager, Toronto Water and the Deputy City Manager and Chief Financial Officer entitled Proposed Stormwater Charge -- Results of Consultation and Next Steps dated May 2, 2017 (the "TW Report"). This report has been prepared at the request of the General Manager, Toronto Water, to ensure that Executive Committee and City Council have the related legal advice for consideration along with the Toronto Water Report.

Background Information
(May 3, 2017) Report from the City Solicitor on Proposed Stormwater Charge - Results of Consultation and Next Steps
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103600.pdf
Confidential Attachment 1 - Proposed Stormwater Charge - Results of Consultation and Next Steps
Source: Toronto City Clerk at www.toronto.ca/council