Item - 2014.EY33.13

Tracking Status

EY33.13 - Investigation of Impacts Related to ML Ready Mix

Decision Type:
ACTION
Status:
Amended
Ward:
6 - Etobicoke-Lakeshore

City Council Decision

City Council on June 10, 11, 12 and 13, 2014, adopted the following:

 

1.         City Council request the Medical Officer of Health to retain an outside Air Quality Expert this spring, to immediately commence air quality monitoring at sensitive receptors (residential properties) within 50 metres of the ML Ready Mix operation at 29 Judson Street, in consultation with the local Councillor, such findings to be reported to the Ministry of the Environment and to City Council as soon as the study is completed.

 

2.         City Council request the Division Heads of Municipal Licensing and Standards, Economic Development, City Planning, Toronto Building and Public Health, to convene a Working Group, including a representative from the Ministry of the Environment.  The Working Group will meet on a monthly basis to address community concerns relating to ML Ready Mix at 29 Judson Street, and will submit regular progress updates to the Ward Councillor, Deputy City Manager John Livey, the City Solicitor, Toronto Police Services, and the local Member of Provincial Parliament.

 

3.         City Council request the Director, Community Planning, Etobicoke York District to conduct a review of Employment Lands in the West District that may be suitable for a cement batch mixing plant or which would be a viable property to rezone to permit cement batching; should such property be found, initiate any required Zoning By-law Amendment to allow the use, provided ML Ready Mix Concrete Inc. provides proof of a binding Agreement of Purchase and Sale of the property and agrees to pay for all required planning, environmental and traffic studies.

 

4.         City Council request Deputy City Manager, Cluster B to look into moving the Works Yard on Commissioner Street, or any other City-owned Yard, to another location to allow ML Ready Mix to relocate.

 

5.         City Council request the General Manager, Economic Development and Culture, to retain a real estate broker to look for suitable relocation sites for the concrete batching operation at 29 Judson Street.

 

6.          City Council request the General Manager, Transportation Services, to install a video surveillance and recording system on Judson Street to monitor continuously traffic activity on Judson Street west of Royal York Road, so as to prepare a date and time stamped record of traffic movements which could be shared with various enforcement agencies.

 

7.         City Council request Metrolinx to submit to Etobicoke York Community Council a status update on the easement proposed for this site.

City Council Decision Advice and Other Information

City Council considered Items EY33.13 headed "Investigation of Impacts Related to ML Ready Mix" and EY33.14 headed "29 Judson Street - Divisional Updates on Actions Taken and Outstanding Issues" together.

Background Information (Community Council)

(March 20, 2014) Report from the Medical Officer of Health regarding the Investigation of Impacts Related to ML Ready Mix
https://www.toronto.ca/legdocs/mmis/2014/ey/bgrd/backgroundfile-68553.pdf

Communications (Community Council)

(March 31, 2014) Letter from John M. Alati, Davies Howe Partners LLP (EY.Main.EY33.13.1)
https://www.toronto.ca/legdocs/mmis/2014/ey/comm/communicationfile-46910.pdf
(April 4, 2014) E-mail from Joanne Cortellessa (EY.Main.EY33.13.2)
(April 3, 2014) E-mail from Dan E. Irwin (EY.Main.EY33.13.3)
(April 4, 2014) E-mail from Dan E. Irwin (EY.Main.EY33.13.4)
(April 5, 2014) Submission from Sam Piscione (EY.Main.EY33.13.5)
(April 7, 2014) E-mail from Dan Irwin and Lynn Parik (EY.Main.EY33.13.6)
(April 7, 2014) Letter from John M. Alati, Davies Howe Partners LLP (EY.Main.EY33.13.7)
https://www.toronto.ca/legdocs/mmis/2014/ey/comm/communicationfile-46912.pdf
(May 7, 2014) E-mail from Dan E. Irwin (EY.New.EY33.13.8)
(May 7, 2014) E-mail from Dan E. Irwin (EY.New.EY33.13.9)
(May 9, 2014) E-mail from Dan E. Irwin (EY.New.EY33.13.10)
(May 8, 2014) Letter from Aaron Gilmour, Vice President, Mimico Residents Association (EY.New.EY33.13.11)
https://www.toronto.ca/legdocs/mmis/2014/ey/comm/communicationfile-47438.pdf
(May 12, 2014) E-mail from Dan E. Irwin (EY.New.EY33.13.12)
(May 12, 2014) E-mail from Raymond Sawdy (EY.New.EY33.13.13)
(May 13, 2014) E-mail from Dan E. Irwin (EY.New.EY33.13.14)
(May 13, 2014) E-mail from Dan E. Irwin (EY.New.EY33.13.15)
(May 13, 2014) Letter from John M. Alati, Davies Howe Partners LLP (EY.New.EY33.13.16)
https://www.toronto.ca/legdocs/mmis/2014/ey/comm/communicationfile-47475.pdf
(May 13, 2014) Fax from Frank and Kathy Spudic (EY.New.EY33.13.17)
(May 13, 2014) E-mail from Ashley Martineau, Davies Howe Partners LLP (EY.New.EY33.13.18)
https://www.toronto.ca/legdocs/mmis/2014/ey/comm/communicationfile-47524.pdf

Communications (City Council)

(May 16, 2014) E-mail from Denise Robichaud Warren (CC.Main.EY33.13.19)
(May 15, 2014) E-mail from Dan E. Irwin (CC.Main.EY33.13.20)

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Mark Grimes (Carried)

That City Council amend Etobicoke York Community Council Recommendation 3 by adding the words "or which would be a viable property to rezone to permit cement batching; should such property be found, "so that the Recommendation now reads:

 

3.         City Council request the Director, Community Planning, Etobicoke York District to conduct a review of Employment Lands in the West District that may be suitable for a cement batch mixing plant or which would be a viable property to rezone to permit cement batching; should such property be found, initiate any required Zoning By-law Amendment to allow the use, provided ML Ready Mix Concrete Inc. provides proof of a binding Agreement of Purchase and Sale of the property and agrees to pay for all required planning, environmental and traffic studies.

Vote (Amend Item) Jun-11-2014 8:34 PM

Result: Carried Majority Required - EY33.13 - Grimes - motion 1
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Peter Leon, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Shelley Carroll
Total members that were Absent: 9 Members that were absent are Michelle Berardinetti, Raymond Cho, Doug Ford, Rob Ford, Chin Lee, Gloria Lindsay Luby, Peter Milczyn, Karen Stintz, Michael Thompson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jun-11-2014 8:34 PM

Result: Carried Majority Required - EY33.13 - Adopt the item as amended
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Peter Leon, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Shelley Carroll, Janet Davis, Josh Matlow
Total members that were Absent: 9 Members that were absent are Michelle Berardinetti, Raymond Cho, Doug Ford, Rob Ford, Chin Lee, Gloria Lindsay Luby, Peter Milczyn, Karen Stintz, Michael Thompson

EY33.13 - Investigation of Impacts Related to ML Ready Mix

Decision Type:
ACTION
Status:
Amended
Ward:
6 - Etobicoke-Lakeshore

Community Council Recommendations

Etobicoke York Community Council recommends that:

 

1.         City Council request the Medical Officer of Health to retain an outside Air Quality Expert this spring, to immediately commence air quality monitoring at sensitive receptors (residential properties) within 50 metres of the ML Ready Mix operation at 29 Judson Street, in consultation with the local Councillor.  The findings to be reported to the Ministry of the Environment and to City Council as soon as the study is completed.

 

2.         City Council request the Division Heads of Municipal Licensing and Standards, Economic Development, City Planning, Toronto Building and Public Health, to convene a Working Group, including a representative from the Ministry of the Environment.  The Working Group will meet on a monthly basis to address community concerns relating to ML Ready Mix at 29 Judson Street, and will submit regular progress updates to the Ward Councillor, Deputy City Manager John Livey, the City Solicitor, Toronto Police Services, and the local Member of Provincial Parliament. 

 

3.         City Council request the Director, Community Planning, Etobicoke York District, to conduct a review of Employment Lands in the West District that may be suitable for a cement batch mixing plant and initiate any required Zoning By-law Amendment to allow the use, provided ML Ready Mix Concrete Inc. provides proof of a binding Agreement of Purchase and Sale of the property and agrees to pay for all required planning, environmental and traffic studies.

 

4.         City Council request Deputy City Manager John Livey to look into moving the Works Yard on Commissioner Street, or any other City-owned Yard, to another location to allow ML Ready Mix to relocate.

 

5.         City Council request the General Manager, Economic Development and Culture, to retain a real estate broker to look for suitable relocation sites for the concrete batching operation at 29 Judson Street.

 

6.         City Council request the General Manager, Transportation Services, to install a video surveillance and recording system on Judson Street to monitor continuously traffic activity on Judson Street west of Royal York Road, so as to prepare a date and time stamped record of traffic movements which could be shared with various enforcement agencies.

 

7.         City Council request Metrolinx to submit to Etobicoke York Community Council a status update on the easement proposed for this site.

Decision Advice and Other Information

Etobicoke York Community Council:

 

1.         Confirmed and endorsed the following actions previously taken, and requested the appropriate City staff to continue to pursue a resolution to the issues related to ML Ready Mix at 29 Judson Street:

 

a.         Etobicoke York Community Council requested the Acting Director, Business Services, Economic Development and Culture, to identify and pursue, in consultation with the Councillors for Wards 1, 2, 6 and 7, a potential location within Ward 2 and/or Ward 7 which could be utilized for the relocation and consolidation of concrete production facilities.

 

b.         Etobicoke York Community Council requested the Medical Officer of Health to work with staff from Municipal Licensing and Standards and the Ministry of the Environment, on issues related to 29 and 145 Judson Street.

 

Etobicoke York Community Council considered the following Items together:

 

-           EY33.13, headed "Investigation of Impacts Related to ML Ready Mix"; and

 

-           EY33.14, headed "29 Judson Street - Divisional Updates on Actions Taken and Outstanding Issues".

Origin

(March 20, 2014) Report from the Medical Officer of Health

Summary

This report provides a summary of the activities undertaken by Toronto Public Health (TPH) with other City Divisions, and the Ministry of the Environment (Ministry) to address community concerns related to the ML Ready Mix located at 29 Judson Street.  Since 2012, in collaboration with other City Divisions and the Ministry, TPH has responded to potential environmental and health impacts associated with the concrete batching activities at the site.  The most commonly reported concerns related to noise, air quality impacts, dust, and vehicular traffic.  Additional concerns raised by the community related to hours of operations, planning and construction, and esthetic issues.  Due to the complexity of regulatory oversight and jurisdiction issues, responses have entailed a multi-divisional and multi-agency approach.  This collaborative approach has addressed many of the concerns related to impacts of dust, noise, and vehicular traffic.  Toronto Public Health is committed to continue this collaborative work with its City and provincial partners to respond to ongoing and future community concerns.

Background Information

(March 20, 2014) Report from the Medical Officer of Health regarding the Investigation of Impacts Related to ML Ready Mix
https://www.toronto.ca/legdocs/mmis/2014/ey/bgrd/backgroundfile-68553.pdf

Communications

(March 31, 2014) Letter from John M. Alati, Davies Howe Partners LLP (EY.Main.EY33.13.1)
https://www.toronto.ca/legdocs/mmis/2014/ey/comm/communicationfile-46910.pdf
(April 4, 2014) E-mail from Joanne Cortellessa (EY.Main.EY33.13.2)
(April 3, 2014) E-mail from Dan E. Irwin (EY.Main.EY33.13.3)
(April 4, 2014) E-mail from Dan E. Irwin (EY.Main.EY33.13.4)
(April 5, 2014) Submission from Sam Piscione (EY.Main.EY33.13.5)
(April 7, 2014) E-mail from Dan Irwin and Lynn Parik (EY.Main.EY33.13.6)
(April 7, 2014) Letter from John M. Alati, Davies Howe Partners LLP (EY.Main.EY33.13.7)
https://www.toronto.ca/legdocs/mmis/2014/ey/comm/communicationfile-46912.pdf
(May 7, 2014) E-mail from Dan E. Irwin (EY.New.EY33.13.8)
(May 7, 2014) E-mail from Dan E. Irwin (EY.New.EY33.13.9)
(May 9, 2014) E-mail from Dan E. Irwin (EY.New.EY33.13.10)
(May 8, 2014) Letter from Aaron Gilmour, Vice President, Mimico Residents Association (EY.New.EY33.13.11)
https://www.toronto.ca/legdocs/mmis/2014/ey/comm/communicationfile-47438.pdf
(May 12, 2014) E-mail from Dan E. Irwin (EY.New.EY33.13.12)
(May 12, 2014) E-mail from Raymond Sawdy (EY.New.EY33.13.13)
(May 13, 2014) E-mail from Dan E. Irwin (EY.New.EY33.13.14)
(May 13, 2014) E-mail from Dan E. Irwin (EY.New.EY33.13.15)
(May 13, 2014) Letter from John M. Alati, Davies Howe Partners LLP (EY.New.EY33.13.16)
https://www.toronto.ca/legdocs/mmis/2014/ey/comm/communicationfile-47475.pdf
(May 13, 2014) Fax from Frank and Kathy Spudic (EY.New.EY33.13.17)
(May 13, 2014) E-mail from Ashley Martineau, Davies Howe Partners LLP (EY.New.EY33.13.18)
https://www.toronto.ca/legdocs/mmis/2014/ey/comm/communicationfile-47524.pdf

Speakers

Dan Irwin
Tony Liusi
David Cortellessa
Joanne Cortellessa
Aaron Gilmour, Vice President, Mimico Residents Association
Sam Piscione
JoAnne McKeown
Barbara Mikina
Pavel Pronin
Maria Biasiucci
Donovan Bond
Renato Silva
Doug Holyday, MPP, Etobicoke-Lakeshore

Motions

1a - Motion to Amend Item (Additional) moved by Councillor Mark Grimes (Carried)

That Etobicoke York Community Council:

 

1.         Confirm and endorse the following actions previously taken, and request the appropriate City staff to continue to pursue a resolution to the issues related to ML Ready Mix at 29 Judson Street:

 

a.         Etobicoke York Community Council requested the Acting Director, Business Services, Economic Development and Culture, to identify and pursue, in consultation with the Councillors for Wards 1, 2, 6 and 7, a potential location within Ward 2 and/or Ward 7 which could be utilized for the relocation and consolidation of concrete production facilities.

 

b.         Etobicoke York Community Council requested the Medical Officer of Health to work with staff from Municipal Licensing and Standards and the Ministry of the Environment, on issues related to 29 and 145 Judson Street.


1b - Motion to Amend Item (Additional) moved by Councillor Mark Grimes (Amended)

That Etobicoke York Community Council recommend that City Council:

 

1.         Request the Division Heads from Municipal Licensing and Standards, Economic Development, City Planning, Toronto Building and Public Health, to convene a Working Group to meet on a monthly basis to address community concerns relating to ML Ready Mix at 29 Judson Street.  This Working Group will submit regular progress updates to the Ward Councillor and Deputy City Manager John Livey, Toronto Police Services, the City Solicitor, and the local Member of Provincial Parliament.

 

2.         Request the General Manager, Economic Development and Culture, to retain a real estate broker to look for suitable relocation sites for the concrete batching operation at 29 Judson Street.

 

3.         Request the Medical Officer of Health to retain an outside consultant to commence air quality monitoring immediately within 50 metres of 29 Judson Street, in consultation with the local Councillor.

 

(Part 1 of this motion was amended by motion 4a by Councillor Nunziata.)


2 - Motion to Amend Item (Additional) moved by Councillor Doug Ford (Carried)

That Etobicoke York Community Council recommend that:

 

1.         City Council request Deputy City Manager John Livey to look into moving the Works Yard on Commissioner Street, or any other City-owned Yard, to another location to allow ML Ready Mix to relocate.


3a - Motion to Amend Item (Additional) moved by Councillor Peter Milczyn (Carried)

That Etobicoke York Community Council recommend that:

 

1.         City Council request the Medical Officer of Health to retain Air Quality Experts this spring, to conduct air quality sampling at sensitive receptors (residential properties) in the immediate area of the ML Ready Mix operation at 29 Judson Street.  The findings to be reported to the Ministry of the Environment and to City Council as soon as the study is completed.


3b - Motion to Amend Item (Additional) moved by Councillor Peter Milczyn (Carried)

That Etobicoke York Community Council recommend that:

 

1.         City Council request the Director, Community Planning, Etobicoke York District, to conduct a review of Employment Lands in the West District that may be suitable for a cement batch mixing plant and initiate any required Zoning By-law Amendment to allow the use, provided ML Ready Mix Concrete Inc. provides proof of a binding Agreement of Purchase and Sale of the property and agrees to pay for all required planning, environmental and traffic studies.


3c - Motion to Amend Item (Additional) moved by Councillor Peter Milczyn (Carried)

That Etobicoke York Community Council recommend that:

 

1.         City Council request the General Manager, Transportation Services, to install a video surveillance and recording system on Judson Street to monitor continuously traffic activity on Judson Street west of Royal York Road, so as to prepare a date and time stamped record of traffic movements which could be shared with various enforcement agencies.


4a - Motion to Amend Motion moved by Councillor Frances Nunziata (Carried)

That Part 1 of Motion 1b by Councillor Grimes be amended to include a representative from the Ministry of the Environment on the Working Group.


4b - Motion to Amend Item (Additional) moved by Councillor Frances Nunziata (Carried)

That Etobicoke York Community Council recommend that:

 

1.         City Council request Metrolinx to submit to Etobicoke York Community Council a status update on the easement proposed for this site.


5 - Motion to Amend Motion moved by Councillor Sarah Doucette (Withdrawn)

That Part 1 of Motion 1b by Councillor Grimes be amended to include the local Member of Provincial Parliament on the Working Group.


6 - Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) May-13-2014

Result: Carried Majority Required - EY33.13 - Adopt Item, as amended
Total members that voted Yes: 7 Members that voted Yes are Vincent Crisanti (Chair), Sarah Doucette, Doug Ford, Mark Grimes, Peter Leon, Peter Milczyn, Frances Nunziata
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 4 Members that were absent are Frank Di Giorgio, Gloria Lindsay Luby, Giorgio Mammoliti, Cesar Palacio
Source: Toronto City Clerk at www.toronto.ca/council