Wednesday, August 25, 2010
Motions and Votes on EX46.3
1 - Motion to Amend Item moved by Mayor David Miller (Final)
1. City Council receive the following reports:
- (August 23, 2010) from the City Solicitor
- (August 11, 2010) from the City Solicitor
2. Council enact a by-law in the form of the attached Bill*.
3. City Council direct that the Confidential Attachments to the Solicitor's reports dated August 11 and 23, 2010 remain Confidential due to litigation and solicitor-client privilege.
*This is the text of the attached bill referred to in recommendation 2. Please note, this is just a bill, and will not be enacted as a by-law until the end of the meeting:
BY-LAW No.
WHEREAS the prospect of incurring significant compliance audit legal expenses in the absence of any wrongdoing can deter individuals of modest means from running for municipal political office;andWHEREAS the cost of defending a compliance audit could be significant,
particularly when compared to the salary of a City Councillor in Toronto;
and
WHEREAS it is in the public interest to assist candidates in such circumstances with the payment of these expenses in order to promote political inclusivity, protect the overall democratic integrity of municipal elections and bolster overall the social well-being of the municipality;
and
WHEREAS the incurring of such expenses in the face of unfounded complaints of wrongdoing, has the potential to undermine the effectiveness of a councillor in undertaking the duties as a member of council;
and
WHEREAS making these payments to candidates is in the interests of the municipality and in the public interest; andWHEREAS Councillor Heaps and Councillor Mammoliti incurred significant legal expenses responding to compliance audit proceedings in which the complaints were
determined to be unfounded; and
WHEREAS there is, therefore, a reasonable connection between the City's permitted objectives and the use of its powers under s. 83 of the City of Toronto Act, 2006 to make grants for the purpose of such assistance;
The Council of the City of Toronto HEREBY ENACTS as follows:
1. Exercising its powers under s. 83 of the City of Toronto Act, 2006, and in consideration of the interests of the municipality, the City shall pay to Councillor Heaps and Councillor Mammoliti grants in the amount of the legal expenses they incurred in responding to compliance audit applications made against them in relation to their campaign finance records for the 2006 municipal election.
Vote (Amend Item)
Aug-25-2010 8:39 PM
Result: Carried
Majority Required - EX46.3 - Miller
Yes: 24
Ainslie, Ashton, Carroll, Cho, Davis, De Baeremaeker, Di Giorgio, Feldman, Filion, Fletcher, Giambrone, Grimes, McConnell, Mihevc, Miller, Moscoe, Ootes, Pantalone, Parker, Perks, Perruzza, Rae, Saundercook, Vaughan
No: 14
Del Grande, Ford, Hall, Jenkins, Kelly, Lee, Lindsay Luby (Chair), Milczyn, Moeser, Nunziata, Palacio, Stintz, Thompson, Walker
Absent: 7
Augimeri, Bussin, Heaps, Holyday, Mammoliti, Minnan-Wong, Shiner
1 - Motion to Amend Item (Additional) moved by Councillor Howard Moscoe (Final)
That
1. City Council request the Province to enact amendments to Provincial legislation as set out in Appendix 1 to the report (August 23, 2010) from the City Solicitor.
Vote (Amend Item (Additional))
Aug-25-2010 8:40 PM
Result: Carried
Majority Required - EX46.3 - Moscoe
Yes: 37
Ainslie, Ashton, Carroll, Cho, Davis, De Baeremaeker, Del Grande, Di Giorgio, Feldman, Filion, Fletcher, Giambrone, Grimes, Hall, Jenkins, Kelly, Lee, Lindsay Luby (Chair), McConnell, Mihevc, Milczyn, Miller, Moeser, Moscoe, Nunziata, Ootes, Palacio, Pantalone, Parker, Perks, Perruzza, Rae, Saundercook, Stintz, Thompson, Vaughan, Walker
No: 1
Ford
Absent: 7
Augimeri, Bussin, Heaps, Holyday, Mammoliti, Minnan-Wong, Shiner
Motion to Reconsider CC52.1
8/25/2010 6:22:43 PM “CC52.1 - Reopen the Item” 10 yea+26 nay,failed,quorum
YES Ashton YES Del Grande YES Ford YES Holyday YES Jenkins YES Miller YES Moeser YES Nunziata YES Parker YES Perruzza
NO Augimeri NO Bussin [Chair] NO Carroll NO Cho NO Davis NO De Baeremaeker NO Feldman NO Filion NO Fletcher NO Grimes NO Hall NO Heaps NO Lee NO Lindsay Luby NO McConnell NO Mihevc NO Moscoe NO Palacio NO Pantalone NO Perks NO Rae NO Saundercook NO Stintz NO Thompson NO Vaughan NO Walker
Motion by Councillor Perks
Motion to Amend Item (Additional) moved by Councillor Gord Perks (Final)
That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by adding:
"amending the zoning by-law as necessary to provide that the lands subject to By-law No. 1222-2009 (known as the Bloor-Dundas Avenue Study) be deleted from the Draft Zoning By-law."
Motions by Councillor Mihevc
a - Motion to Amend Item (Additional) moved by Councillor Joe Mihevc (Final)
That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by deleting Committee Recommendations 1d and 1e pertaining to Drive Through Facilities, from Attachment 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning, noting that the City's drive through by-law has been successfully defended at the Ontario Municipal Board and has become a model for similar by-laws across Ontario.
b - Motion to Amend Item (Additional) moved by Councillor Joe Mihevc (Final)
That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by deleting Committee Recommendation 1i. pertaining to Day Nurseries.
c - Motion to Amend Item (Additional) moved by Councillor Joe Mihevc (Final)
That:
1. City Council approve in principle Recommendation 1i of Attachment 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning, pertaining to Day Nurseries; and
2. City Council request the Chief Planner and Executive Director, City Planning to report further on matters set out in Recommendation 1i of Attachment 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning, pertaining to Day Nurseries, the report to address standards for Day cares of various sizes.
Motion by Councillor Rae
8 - Motion to Amend Item (Additional) moved by Councillor Kyle Rae (Final)
That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by making such amendments to the Zoning By-law as are necessary to add the following principal conditional use to Regulation 5.10.20.20 (1):
"Municipally Owned Public Parking Uses (5)"
Motions by Councillor Peter Milczyn
a - Motion to Amend Item (Additional) moved by Councillor Peter Milczyn (Final)
That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by adding:
"amending Chapter 900 of the Zoning By-law as follows:
(for the Kingsway Park West area in the current Etobicoke preservative bylaw 1993-107)
THAT Exception RD 38 be amended adding to the end of Clause (A) the phrase “, up to a maximum floor space index of 0.5”, so that (A) will read as follows:
“the maximum gross floor area on a lot, plus the floor area of an attached or detached garage, is 125 square metres, plus 25% of the lot area, up to a maximum floor space index of 0.5; and”.
b - Motion to Amend Item (Additional) moved by Councillor Peter Milczyn (Final)
That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by adding:
"amending Chapter 900 of the Zoning By-law as follows:
(for the Kingsway Park East area in the current Etobicoke preservative bylaw 1993-108)
THAT Exception RD 35 be amended adding to the end of Clause (A) the phrase “, up to a maximum floor space index of 0.5”, so that (A) will read as follows:
“the maximum gross floor area on a lot, plus the floor area of an attached or detached garage, is 150 square metres, plus 25% of the lot area, up to a maximum floor space index of 0.5; and”.
c - Motion to Amend Item (Additional) moved by Councillor Peter Milczyn (Final)
That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by adding:
"amending Chapter 900 of the Zoning By-law as follows:
(for the Kingsway Park South area in the current Etobicoke preservative bylaw 1993-109)
THAT Exception RD 42 be amended adding to the end of Clause (A) the phrase “, up to a maximum floor space index of 0.5”, so that (A) will read as follows:
“the maximum gross floor area on a lot, plus the floor area of an attached or detached garage, is 118 square metres, plus 25% of the lot area, up to a maximum floor space index of 0.5; and”.
Motion by Councillor Lindsay Luby
a - Motion to Amend Item (Additional) moved by Councillor Gloria Lindsay Luby (Final)
That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by adding:
"amending the zoning by-law as necessary so that it reflects the current regulations pertaining to Group Homes contained in the current Zoning By-laws"
b - Motion to Amend Item (Additional) moved by Councillor Gloria Lindsay Luby (Final)
That the Chief Planner and Executive Director, City Planning report on proposed amendments to the Zoning By-law regarding Group Homes at the same time as the report respecting Rooming Houses is submitted.