October 26, 2009

Members of Council observed a moment of silence and remembered the following persons who passed away:

William Joseph Thibedeau

John Russell Telford Bennett

Barrie Chavel

October 27, 2009

Members of Council observed a moment of silence and remembered the following person who passed away:

            Ruth Ada Bowser

City Council confirmed the Minutes of Council from the meeting of September 30 and October 1, 2009, in the form supplied to the Members.

Committee Reports and New Business Items were presented to City Council for consideration.

Various presentations, introductions and announcements were made to City Council on October 26 and 27, 2009.  Refer to the Minutes of the Meeting for details.

October 26, 2009

Mayor Miller, during the morning session of the meeting, recognized Toronto's 2009 Ontario Showcase Award winners.  He advised that every year, the City of Toronto submits the best of its innovative solutions that use information technology for consideration.  This year, the City won seven awards.  Mayor Miller congratulated the following City staff members who participated in the projects:

Employment and Social Services, for the Web Access to Your Services (or WAYS)

-     Heather MacVicar                                                            

-     Irwin Stanley

-     Nizam Bacchus

-     Cathy Smith

-     James Addy                                                                                 

-     Sunny Wong                    

-     Claudia Russell-Placencia      

-     Fred Tam

-     Cathy Di Leo                                                                   

-     Linda Butler

-     Pamela Morton

-     Connie Carr

Toronto Emergency Medical Services, for the Electronic Patient Care Reporting System

-     Bruce Farr

-     Alan Craig

-     Mark Stuart Adams

-     Russ Olynyk 

-     Arthur Graham

-     Tim Ednie

Shelter, Support and Housing Administration, for the Welcome Home and Guide to Services

-     Phil Brown

-     Patricia Anderson

-     Sonia Zyvatkauskas 

Toronto Court Services, for the Online Scheduling Inquiry

-     Carlos Garcia

-     Barry Randell

-     Krisa Rhodes

-     Edwin Ngan

-     Katie Escudero of Toronto Police Services

Children's Services, for the CSIS on the Web

-     Nancy Matthews

-     Rick Powers

-     Pamela Roberts

-     Adrienne Beke

-     Vito Accardo

-     Randell Clarke

-     Avraham Mark Jacobs

-     Krzysztof Murynowicz

-     Lawrence Evelyn

-     Matthew Ma

-     Steve Dunets

-     Dick Winters

-     Rod Silva

-     Yulia Wahrhaftig-Melman

-     Aileen Carreiro

-     Larisa Dante

-     Aurora I. De Guzman-Valera

-     Caroline P. De Guzman

-     Cindy Gertsakis-Zelenyj

-     Marg Dooner        

In the Green Technology category, the City’s Solar Utility Project

-     Chuck Donohue

-     Jim Kamstra

-     Scott McKenzie

Toronto Employment and Social Services, for the Employment Services System

-     Heather MacVicar

-     Brenda Nesbitt

-     Nizam Bacchus

-     Fred Tam

-     Sunny Wong        

-     Mary Baratta

-     Karen Hilgendorf

-     Susan Eng

-     Cathy Smyth

-     Jin Kim     

City Council congratulated the divisions responsible for implementing these impressive initiatives.

Speaker Bussin, during the morning session of the meeting, welcomed students from Brown Public School, present at the meeting.

Speaker Bussin, during the morning session of the meeting, welcomed students from the Humber College journalism program, present at the meeting.

Mayor Miller, during the morning session of the meeting, introduced a group of women protégées who were being mentored by the women Members of Council as part of the Toronto Regional Champion Campaign.  The campaign's goal is to increase women's participation in municipal government.  Mayor Miller welcomed the protégées and thanked those Members of Council who were participating as mentors.

Speaker Bussin, during the afternoon session of the meeting, introduced Dr. Armin von Ungern-Sternberg, present at the meeting.  Dr. von Ungern-Sternberg is Head of Staff to the Deputy Mayor for Integration and Multicultural Affairs, Frankfurt, and part of a delegation visiting Toronto from Frankfurt.

Councillor McConnell, during the afternoon session of the meeting, welcomed members of the Regent Park Tenant Council, present at the meeting.

October 27, 2009

Mayor Miller, during the morning session of the meeting, recognized Carl Knipfel, Manager of Marketing in the Economic Development, Culture and Tourism Division, for being awarded the President's Award by the Economic Developers Association of Canada and the Economic Development Council of Ontario.  The award is presented each year to a member who has exceptionally contributed to the profession by way of participation and volunteering with issues and events of importance to the Association.  On behalf of Council, the Mayor congratulated Mr. Knipfel on this significant accomplishment.

Speaker Bussin, during the morning session of the meeting, welcomed students from Owen Public School, present at the meeting.

Speaker Bussin, during the morning session of the meeting, welcomed students from the Humber College journalism program, present at the meeting.

City Council adopted the October 26, 2009 Order Paper, and all other Items not held on consent.

City Council on October 26 and 27, 2009, referred Item ED24.3 back to the General Manager, Economic Development, Culture and Tourism, for further consultation with business area representatives and directed that, subject to a public meeting, a new Proposed Baby Point Gates BIA poll request report be submitted to the Economic Development Committee early in 2010, identifying boundaries which reflect the results of the public meeting.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council grant authority to enter into an Agreement of Purchase and Sale with the owner of the property municipally known as 15 Kenaston Gardens (the “Property”), substantially on the terms outlined in Appendix “B” and Confidential Attachment 1 to the report (September 14, 2009) from the Chief Corporate Officer, and on such other terms and conditions as may be acceptable to the Chief Corporate Officer, and in a form satisfactory to the City Solicitor.

2.         The acquisition of 15 Kenaston Gardens be conditional upon an agreement for the sale of the associated density having been entered into, to the satisfaction of the Chief Corporate Officer and the City Solicitor, such that the acquisition price would be recovered if the agreement were completed.

3.         Each of the Chief Corporate Officer or the Director of Real Estate Services be authorized severally to execute the Agreement of Purchase and Sale on the City’s behalf.

4.         City Council authorize the City Solicitor to complete the transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she may from time to time consider reasonable.

5.         City Council adopt the confidential instructions to staff in Attachment 1 of the report (September 14, 2009) from the Chief Corporate Officer.

6.         City Council direct that the confidential information contained in Attachment 1 to the report (September 14, 2009) from the Chief Corporate Officer, remain confidential excepting the purchase price of the Property which shall be available for public release upon the completion of all terms of the purchase and sale agreement to the satisfaction of the City Solicitor.

Confidential Attachment 1 to the report (September 14, 2009) from the Chief Corporate Officer remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it relates to a proposed or pending land acquisition by the City or one of its agencies, boards and commissions.  The purchase price of the Property shall be available for public release upon the completion of all terms of the purchase and sale agreement to the satisfaction of the City Solicitor.

Confidential Attachment 1 to the report (September 30, 2009) from the City Solicitor remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council adopt the Relationship Framework for Heritage Toronto, attached as Appendix 1 contained in the report (September 21, 2009) from the City Manager.

2.         City Council authorize the City Solicitor to introduce the necessary bills to amend Chapter 103; HERITAGE of the Municipal Code of the City of Toronto to implement the Relationship Framework and update the Code, substantially as set out in Appendix 2 of the report (September 21, 2009) from the City Manager.

3.         City Council authorize the City Manager to make technical amendments and updates to the Relationship Framework as required from time to time pursuant to Council decisions.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council extend congratulations to the following persons and organizations who have been selected as recipients of the 2009 City of Toronto Access Equity and Human Rights Awards:

Aboriginal Affairs Award: Kimberly Murray

Access Award: John Rae, Birchmount Bluffs Neighbourhood Centre, and Committee for Accessible AIDS Treatment (CAAT)

Pride Award:  John Campey

William P. Hubbard Award:  Adrienne Shadd, Paul Nguyen and Scadding Court Community Centre.

2.         City Council confirm Ann Buller and Sonja Greckol as recipients of the 2009 Constance E. Hamilton Award, as selected by the Women Members of Council.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council direct that the tax related net savings arising from the 2009 labour disruption be allocated as follows:

-           $31.1 million be allocated to the 2009 surplus and be utilized for the 2010 operating budget

-           $4.8 million be allocated to the 2010 Solid Waste Management budget to offset the proposed 2% fee increase to the Solid Waste Management fees.

2.         City Council direct that the Solid Waste Management net costs incurred as a result of the 2009 labour disruption (estimated at $4.1 million as at September 14, 2009) be absorbed within the 2009 Solid Waste Approved Operating Budget.

3.         City Council direct that the Toronto Water net savings arising from the 2009 labour disruption (estimated at $1.2 million as at September 14, 2009) be transferred to the Water and Wastewater Stabilization Reserve and utilized for Toronto Water’s 2010 Operating Budget.

4.         City Council direct that the final estimated net savings / costs arising from the 2009 labour disruption be reported as part of the 2009 Third Quarter Operating Budget Variance report.

5.         City Council direct that a notice explaining the use of the savings resulting from the strike be either inserted in or printed on the 2010 Property Tax Bill.

6.         City Council request the City Manager to report to the June 14, 2010 meeting of the Executive Committee on the results of the labour disruption by program area, in the following five categories:

a.         costs;

b.         savings;

c.         program outputs;

d.         outcomes for program recipients; and

e.         operational changes indicated.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council determine that the City’s Development Charge By-law has been properly applied.

2.         City Council provide Famous People Players, on an exception basis, relief from the payment of applicable development charges for its development at 343 Evans Avenue.

3.         City Council authorize and direct the appropriate City staff to take necessary action to give effect thereto.

4.         City Council receive the confidential information contained in Attachment 1 of the report (September 23, 2009) from the Deputy City Manager and Chief Financial Officer.

5.         City Council determine that the confidential information in Attachment 1 of the report (September 23, 2009) from the Deputy City Manager and Chief Financial Officer, remain confidential in its entirety.

Confidential Attachment 1 to the report (September 23, 2009) from the Deputy City Manager and Chief Financial Officer remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it relates to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council adopt the confidential recommendation set out in the communication (October 5, 2009) to City Council from the Executive Committee.

2.         City Council direct that the recommendation contained in confidential Attachment 1 of the report (September 23, 2009) from the City Solicitor, and the recommendation of the Executive Committee contained in the communication (October 5, 2009) from the Executive Committee, become public once adopted and the remainder of Attachment 1 remain confidential as solicitor‑client advice. 

3.          City Council take the necessary measures to put in place the strategy recommended by the City Solicitor with a view to having the necessary by-law changes enacted no later than April, 2010.

4.         In order to accomplish this time table, the public hearings on this matter be scheduled for January, 2010.

The communication (October 5, 2009) from the Executive Committee is now public in its entirety and contains the following recommendations which were adopted by City Council:

1.         City Council adopt a strategy to best withstand a court challenge, and given that court decisions indicate that the sort of by-law contemplated should be passed only after appropriate policy input and public consultation, that the appropriate City policy staff be requested to review the consumer protection problem identified in the non-disclosure of development charges in agreements of purchase and sale, and the City  Manager co-ordinate such review for a report to Council through the Executive Committee, proposing options for addressing it.

2.         The recommendation contained in confidential Attachment 1 of the report (September 23, 2009) from the City Solicitor, and the recommendation of the Executive Committee contained in the communication (October 5, 2009) from the Executive Committee, become public once adopted and the remainder of Attachment 1 remain confidential as solicitor-client advice.

The following instructions contained in Confidential Attachment 1 to the report (September 23, 2009) from the City Solicitor were adopted by City Council and are now public:

1.          The appropriate City policy staff be requested to review the consumer protection problem identified in the non-disclosure of development charges in agreements of purchase and sale and the City Manager co-ordinate such review for a report to Council through the Executive Committee proposing options for addressing it.

The balance of Confidential Attachment 1 to the report (September 23, 2009) from the City Solicitor remains confidential, in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council approve the revised major lease and option to lease terms (the “Revised Terms”) substantially as provided in Attachment 4 of the report (September 25, 2009) from the Deputy City Manager, Cluster B.

2.         City Council grant authority for the City, as Landlord, to enter into a long term lease agreement (the “College Lease”) with The George Brown College of Applied Arts and Technology (the “Tenant”) for that part of the East Bayfront (EBF) Lands shown as Blocks 4 and 5 on Attachment 2 of the report (September 25, 2009) from the Deputy City Manager, Cluster B, (the “College Lease Lands”) on terms and conditions not materially inconsistent with the major terms and conditions described in the Revised Terms, contained in Attachment 4 of the report (September 25, 2009) from the Deputy City Manager, Cluster B., together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor, subject to Part 6 below.

3.         City Council grant authority for the City, as Grantor, to enter into an option to lease agreement (the “Option Agreement”) with the Tenant for that part of the EBF Lands as shown as Block 3 on Attachment 2 of the report (September 25, 2009) from the Deputy City Manager, Cluster B. (the “Block 3 Lands”) on terms and conditions not materially inconsistent with the major terms and conditions described in the Revised Terms, together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

4.         City Council grant authority for the City, as Licensor, to enter into a license agreement or agreements (the “License Agreements”) with the Tenant for any periods of time and for any consideration, including nominal consideration, with respect to the College Lease Lands, the Block 3 Lands, or, with Waterfront Toronto's approval, any other portion of the EBF Lands, for the purposes of site mobilization, site preparation, excavation, shoring, surveying, soil investigation, access, construction staging, parking and any other purposes deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization, subject to the condition that the Licence Agreement shall prohibit the Tenant from applying for a building permit for any above grade construction until the Tenant has executed and delivered the College Lease (which will be subject to the satisfaction of the requirements of Part 2. of Executive Committee Item No. EX26.15 “Staff Due Diligence Review of the Proposed George Brown College Campus - East Bayfront” previously adopted by Council), all to the satisfaction of the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

5.         City Council grant authority for the City, as owner of the dockwall on the EBF Lands, to enter into a tie back and shoring agreement or agreements (the “Tie Back and Shoring Agreements”) with the Tenant, Waterfront Toronto, and TEDCO, or any of them, and to enter into any related or ancillary agreement pertaining to the excavation, shoring, or construction of the College Lease Lands or any EBF Lands and the protection of the dockwall, and to execute any consent or other document, all to the satisfaction of the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

6.         All of Parts 2. 3. 4. 5. 7. 8. 9. 10. 11. 12. 15. 16 and 17. of Executive Committee Item No. EX26.15 “Staff Due Diligence Review of the Proposed George Brown College Campus – East Bayfront” previously adopted by Council at its meeting of December 1, 2, and 3, 2008, as shown in Attachment 3 of the report (September 25, 2009) from the Deputy City Manager, Cluster B., are confirmed by Council except that all references to “Lease” shall mean the “College Lease”, the “Leased Lands” shall mean the “College Lease Lands”, and the date of December 31, 2009 shall be extended to “December 31, 2010”.

7.         City Council authorize the Deputy City Manager whose responsibilities include Waterfront Revitalization to extend the three year Option Period described in the Revised Terms from time to time as he deems appropriate, and on such terms and conditions as he deems appropriate, provided the total Option Period shall not exceed a period of 5 years.

8.         If the Option under the Option Agreement is exercised, Council grant authority for the City, as Landlord, to enter into a long term lease agreement (the “Block 3 Lease”) with the Tenant substantially on terms and conditions not materially inconsistent with the Revised Terms and the College Lease, together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

9.         If the Block 3 Lease is entered into, all of Parts 2. 3. 4. 5. 8. 9. 10. 11 and 12. of the Executive Committee Item No. EX26.15 “Staff Due Diligence Review of the Proposed George Brown College Campus – East Bayfront” previously adopted by Council at its meeting of December 1, 2, and 3, 2008 shall apply to the Block 3 Lease and the Block 3 Lands in the same manner as they apply to the College Lease and the College Lease Lands.

10        City Council authorize the public release of the confidential information in Attachment 1 of the report (September 25, 2009) from the Deputy City Manager, Cluster B., upon the completion of the development of the publicly-owned lands in EBF as determined by the Deputy City Manager whose responsibilities include Waterfront Revitalization.

11.       City Council direct the Waterfront Project Director, in consultation with the General   Manager of Parks, Forestry and Recreation and the Director of the Office of Partnerships, that following negotiations regarding a joint GBC/municipal recreation facility, a report be provided to Council on the results of the negotiations and any agreements deemed necessary at that time.

12.       City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto. 

Confidential Attachment 1 to the report (September 25, 2009) from Deputy City Manager Butts remains confidential in its entirety at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information related to the security of the property of the municipality or local board.  The confidential information will be made public upon the completion of the development of the publicly-owned lands in EBF as determined by the Deputy City Manager whose responsibilities include Waterfront Revitalization.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council receive for information, the Occupational Health and Safety Report - First Quarter, 2009.

City Council on October 26 and 27, 2009, adopted the following:

1.          a.        City Council receive the report on the “Actuarial Valuation for Funding Purposes as at December 31, 2008” prepared by Mercer Human Resource Consulting with respect to The Corporation of the City of York Employee Pension Plan.

b.         City Council grant authority for City officials to increase the existing special payments of $2,945,530 in 2009 to $3,495,862 in order to fund the additional going-concern and solvency deficiencies which developed in 2008.

c.         City Council grant authority for City officials to make interest payments of $9,288 which are required because the increase in special payments will not be processed until November 1, 2009.

d.         City Council authorize the appropriate City officials to make special annual payments of $1,066,332 per year for 2010-2012 and $550,332 for 2013 for the going‑concern and solvency deficiency.

e.         City Council increase the 2009 non-program budget for “Programs funded from Reserve Funds” by $559,620 gross and $0 net, funded by a draw from the Employee Benefits Reserve Fund (XR1002), to accommodate the new special payment requirements resulting from the 2008 Actuarial Valuation for The City of York Employee Pension Plan.

f.          City Council authorize the appropriate City officials to take the necessary action to give effect to the foregoing recommendations. 

City Council on October 26 and 27, 2009, adopted the following:

1          a.        City Council receive the “Report on the Actuarial Valuation for Funding Purposes as at December 31, 2008” prepared by Mercer Human Resource Consulting with respect to the Metropolitan Toronto Police Benefit Fund.

b.         City Council grant authority for City officials to increase the existing special payments of $772,200 in 2009 to $5,425,800 beginning on November 1, 2009 in order to fund the solvency deficiency of the Plan based on the 2008 actuarial valuation.

c.         City Council grant authority for City officials to make interest payments of $82,660 which is required as the increase in special payments will not be processed until November 1, 2009.

d.         City Council authorize the appropriate City officials to make special annual payments in the amount of $4,653,600 for the solvency deficiency for years 2010‑2013.

e.         City Council increase the 2009 non-program budget for “Programs funded from Reserve Funds” by $3,508,460 gross and $0 net, funded by a draw from the Employee Benefits Reserve Fund (XR1002), to accommodate the new special payment requirements resulting from the 2008 Actuarial Valuation for the Metropolitan Police Benefit Fund.

f.          City Council authorize the appropriate City officials to take the necessary action to give effect to the foregoing recommendations. 

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council approve additional carry forward funding for Toronto Public Library for unspent 2008 capital projects totalling $1.126 million as detailed in Appendix 3.1 of the report (September 15, 2009) from the Deputy City Manager and Chief Financial Officer, in order to continue work on 2008 approved capital projects.

2.         City Council approve carry forward funding for unspent 2007 and prior year capital projects totalling $0.295 million with no incremental increase on the 2009 Council approved debt funding as detailed in Appendix 3.2 of the report (September 15, 2009) from the Deputy City Manager and Chief Financial Officer, and that the 2009 Approved Capital Budget be adjusted accordingly.

3.         City Council approve closure of the completed capital projects detailed in Appendix 4 of the report (September 15, 2009) from the Deputy City Manager and Chief Financial Officer, and that uncommitted funds from under-spent completed projects be utilized to fund overspent completed projects with no incremental impact on debt, after which any remaining unspent funds be returned to the original funding source.

4.         City Council approve the technical adjustments to the 2009 Approved Capital Budget as detailed in Appendices 2.1 and 2.2 of the report (September 15, 2009) from the Deputy City Manager and Chief Financial Officer. 

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council approve the allocation of the additional 2008 year-end net operating surplus of $9.051 million to the Exhibition Place Conference Centre Reserve Fund ($0.942 million), Building Code Act Service Improvement Reserve ($0.127 million) and the 2010 Operating Budget – Prior Year Surplus Revenue ($7.982 million).

2.         City Council approve an expenditure increase of $0.033 million in the 2008 Theatres Operating Budget funded from the Sony Centre Improvement Reserve Fund to cover the legal expenses for the Sony Centre Redevelopment project.

3.         City Council approve an increase of $75.0 million gross and $0 net to the Shelter, Support and Housing Administration 2009 Operating Budget with funding from the Toronto Community Housing Corporation (TCHC) State of Good Repair Reserve Fund (XR1062) for state of good repair expenditures associated with the backlog of capital maintenance with TCHC.

4.         City Council approve the budget adjustments including the approved position changes detailed in Appendix G of the report (September 8, 2009) from the Deputy City Manager and Chief Financial Officer, to amend the 2009 Council Approved Operating Budget between Programs with no Net Budget impact. 

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council increase the Shelter, Support and Housing Administration 2009 Approved Operating Budget by $98,676,948 gross and $0 net to reflect the funding of the Social Housing Renovation and Retrofit Program. 

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council authorize the reallocation of funds in the 2009 approved Facilities and Real Estate capital budget in the amount of $503,000, as illustrated in schedule “A” of the report (September 3, 2009) from the Chief Corporate Officer, with zero gross and net impact.

2.         City Council authorize deferral and acceleration of funds in the 2009 Approved Facilities and Real Estate Capital Budget and 2010-2013 Capital Plan in the amount of $352,000 as illustrated in Schedule “B” of the report (September 3, 2009) from the Chief Corporate Officer, with a zero gross and net impact.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council approve the following adjustments with no net impact to sub-projects within the “Waterfront Revitalization Initiative” Project in the Waterfront Renewal 2009 Approved Capital Budget:

            a.         An increase of $3.358 million in 2009 funding for Waterfront Toronto Corporate Costs.

            b.         An increase of $7.460 million in 2009 funding for Portlands Preparation.

            c.         An increase of $1.887 million in 2009 funding for Sports Fields, Facilities and Parks Development,

            d.         An increase of $0.513 million in 2009 funding for Lake Ontario Park (Phase 1).

            e.         A decrease of $0.843 million in 2009 funding for Port Union Linear Park.

                        f.          A decrease of $0.871 million in 2009 funding for Mimico Linear Park.

            g.         A decrease of $9.388 million in 2009 funding for Precinct Implementation Projects.

            h.         A decrease of $1.226 million in 2009 funding for Transportation Initiatives.

            i.          A decrease of $0.681 million in 2009 funding for the West Don Lands/East Bayfront District Energy.

                        j.          A decrease of $0.020 million in 2009 funding for Pier 4 Rehabilitation.

            k.         A decrease of $0.055 million in 2009 funding for Urban Planning Resources.

             l.         A decrease of $0.134 million in 2009 funding for the Waterfront Project Secretariat.

2.         City Council approve that the City act as “Eligible Recipient”, and approve the creation of a new project, entitled “Regional Sports Complex Planning and Design”, in the 2009 Capital Budget for Waterfront Renewal with total funding of $3.511 million ($1.231 million in 2009 and $2.280 million in 2010), fully funded by Waterfront Toronto, which has asked the City to act as an “Eligible Recipient” on its behalf.

3.         City Council request staff to report to Council as part of the 2010 capital budget process on total project costs, confirmed and projected project revenues and the critical path for delivery of the Regional Sports Complex.

4.         City Council authorize and direct appropriate City officials to take the necessary action to give effect thereto.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council receive for information, the report (May 29, 2009) from the Auditor General. 

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council request the Chief Information Officer to re-evaluate the agreement with the vendor who is currently providing information technology asset disposal services.  Such re-evaluation take into account the experience of the vendor particularly in the area of data security and environmental concerns and where appropriate ensure that the vendor is capable of providing the level of service required.

2.         City Council request the Chief Information Officer to review all provisions in the agreement with the third party information technology asset disposal vendor and direct the vendor to comply with all provisions in the agreement.  Further policies, procedures be established to ensure that the City is able to confirm compliance.  Regular audits including the development of audit programmes be conducted to confirm compliance.  Documentary evidence of all such compliance audits be retained and approved by supervisory staff.

3.         City Council request the Chief Information Officer, on a random basis, to confirm that hard drives submitted to the auctioneer have been successfully erased.  Specialized data recovery tools be used to determine whether or not hard drives have been successfully deleted.

4.           City Council request the Chief Information Officer to ensure that disposal processes for surplus information technology assets are in conformance with regulatory procedures and all such disposals are supported by an adequate audit trail for subsequent verification by City staff.

5.         City Council request the Chief Information Officer to ensure that receipts from the sale of equipment are reconciled to the actual equipment sold.

6.         City Council request the Chief Information Officer to report to the Government Management Committee on the existing policy for the disposal of surplus information and technology equipment, such report to also address the feasibility of amending the City's policy to allow for the sale of surplus information and technology equipment to employees.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council request the Treasurer to report annually to Government Management Committee a summary of all sole source purchases including divisional purchase orders, as well as sole source purchases reported to the Standing Committees and Council.

2.         City Council request the Treasurer to require that staff in the Purchasing and Materials Management Division report significant inappropriate sole source activity to senior divisional staff in order to address performance and training issues of divisional staff.

3.         City Council request the Treasurer to require that the reasons for all sole source purchases, including those purchases approved in Standing Committee and Council reports, are recorded in the financial information system on a consistent basis.

4.         City Council request the Treasurer to ensure policies and procedures to control and monitor the new $50,000 limit on divisional purchase orders are finalized and issued to divisional staff as soon as possible.  Such procedures should address the justification and documentation requirements for sole source purchases.

5.         City Council request the Treasurer to ensure that sole source procedures clearly state that solicitation of informal bids is not permitted.  Similarly, for non emergency situations, vendors should not start work before purchase orders are approved and wherever possible, the first phase of multi-phased projects should undergo a competitive procurement process.

6.         City Council request the Treasurer to re-emphasize to divisional management the importance of identifying procurement requirements and ensure that this information is communicated to the Purchasing and Materials Management Division and City Legal on a timely basis.  This process would allow for sufficient lead time, such that both the Purchasing and Materials Management Division and City Legal can schedule their respective resources to meet divisional timelines.

7.         City Council request the Treasurer to develop and communicate guidelines to assist divisional staff in identifying contractual relationships where the potential exists that the contractor could be deemed an employee by the Canada Revenue Agency.

8.         City Council request the City Manager to direct City divisions to report back to the Treasurer on any consulting/contractor arrangements that may pose a significant risk of being deemed City employees by the Canada Revenue Agency.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council request the General Manager, Parks, Forestry and Recreation, to:

             a.        develop a comprehensive Master Service and Infrastructure Plan, incorporating the Division’s “Our Common Grounds” strategy and all related studies being developed or planned pertaining to parks and recreation facilities, and report to the  Community Development and Recreation Committee in 2011.  Such Master Plan to include, but not limited to:

i.          specific action plans, timelines and responsibility for implementation;

ii.          estimated costs and potential funding sources or partnership opportunities to be explored; and

iii.         reporting on the status of the master implementation plan as part of the annual capital budget submission; and

             b.        submit a Status Update report to the Community Development and Recreation Committee by September 2010 regarding the Master Service and Infrastructure Plan.

2.         City Council request the General Manager, Parks, Forestry and Recreation, as part of the development of the Master Service and Infrastructure Plan, consider taking appropriate steps to:

a.         develop criteria for determining when a City facility is considered to be no longer cost-effective to maintain, taking into consideration such factors as utilization, ongoing operating and capital maintenance costs, location, and proximity to other facilities, community impact and changing demographics;

b.         where practical, incorporate the criteria developed into the capital asset management system;

c.         compile a comprehensive inventory of all facilities that are no longer cost-effective to maintain based on criteria developed in (a.);

d.         identify opportunities for consolidation of operations within existing facilities or potential new ones and recommend facility closures, if warranted;

e.         determine the full financial implications of either maintaining, enhancing or closing facilities, including any potential program changes resulting from each option;

f.          where a facility closure is recommended, develop alternate accommodation for viable affected programs; and

g.         conduct appropriate community consultations of any planned actions.

3.         City Council request the General Manager, Parks, Forestry and Recreation to report to the Executive Committee for its meeting on January 4, 2010 on appropriate guidelines for community consultations with respect to Parks, Forestry and Recreation state of good repair projects.

4.         City Council request the City Manager to give priority to the development and implementation of a City-wide prioritization framework for capital repairs, as previously recommended in an Auditor General’s report entitled “Maintenance and Administrative Controls Review – Facilities and Real Estate” dated September 2005.  Further, the priority framework be enhanced by including all new capital projects.

5.         City Council request the General Manager, Parks, Forestry and Recreation to report to Budget Committee, as recommended by Council, by November 2009, on the outcome of the Capital Budget Task Force.  Such report to include:

a.         issues identified and factors contributing to project delays;

b.         recommendations to address issues identified and minimize delays; and

c.         status, timelines and responsibility of implementation of each of the recommendations being made.

6.         City Council request the City Manager to review the funding allocation between state of good repair projects and service improvement or growth-related projects, both at the division and city-wide levels, and take appropriate steps to develop a sustainable long-term strategy to reduce the current and projected state of good repair backlog.

7.         City Council request the Deputy City Manager and Chief Financial Officer to require all major projects for new infrastructure include future capital maintenance costs for reporting under financial implications at the time of project approval.

8.         City Council request the Deputy City Manager and Chief Financial Officer, as part of the 2010 Capital Budget Process, to report on the status of the state of good repair backlog, by Division, as compared to total asset value and how the 2010 to 2019 Capital Plan impacts the state of good repair backlog.

9.         City Council request the City Manager, in consultation with the General Manager, Parks, Forestry and Recreation and the Director, Toronto Office of Partnerships, to develop, for approval by Council, a comprehensive City-wide policy on naming rights and other private funding arrangements, such policy to:

a.         consider all existing policies related to:

i.          Parks and Recreation Naming and Renaming Policy

ii.         Donations policy

iii.        Advertising

iv.        Unsolicited bids

v.         Sponsorships and partnerships

b.         include guidelines on:

i.          eligibility criteria for facilities to be considered for naming rights

ii.          responsibility and control processes for securing and accepting naming rights or other private funding arrangements

iii.         the creation of endowment, or similar funds, to offset future maintenance and repair costs for new facilities put in place under this policy.

10.       City Council request the Director, Toronto Office of Partnerships, in consultation with appropriate divisional staff, to identify all potential projects and facilities that may benefit from naming rights or other private funding arrangements and, with the approval of Council, pursue such funding according to corporate guidelines.

11.       City Council request the General Manager, Parks, Forestry and Recreation, to give priority to completing the development and implementation of the work order system for Parks, Forestry and Recreation Division to provide the tracking of both operating and capital costs of each facility.

12.       City Council request the City Clerk, in consultation with the City Solicitor, to clarify Council procedures with respect to recommendations at Community Councils on matters that are contrary to Council policy, and consider requiring that such recommendations state explicitly that a Council policy is being contravened.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council request the City Manager to direct senior management to review documentation supporting the implementation status of all audit recommendations prior to the submission of information to the Auditor General’s Office.

2.         City Council request the City Manager to report progress twice yearly to the Executive Committee on the status of outstanding audit recommendations to the Fire Services Division, in view of the Auditor General’s comments, namely:

-           "Fire Services Division has implemented less than 50% of our audit recommendations over the past 3 years"; and

-           "a significant number of recommendations which staff had indicated were implemented .... were not implemented".

3.         City Council request that responses to all outstanding recommendations be submitted to the Auditor General's Office by December 31, 2009.  If there is an objection to the Auditors Recommendations, the reason be stated as to why the recommendations would not be implemented.

4.         City Council not authorize the public release of Confidential Attachment 1 to the report (June 1, 2009) from the Auditor General.

Confidential Attachment 1 to the report (June 1, 2009) from the Auditor General remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information related to the security of property belonging to the City or one of its agencies, boards and commissions.

City Council considered the following Items together:

-           Item AU11.7, headed "Auditor General's Status Report on Outstanding Audit Recommendations for City Divisions"; and

-           Item AU11.8, headed "Auditor General's Status Report on Outstanding Audit Recommendations for City Agencies, Boards and Commissions".

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council receive for information, the report (June 1, 2009) from the Auditor General.

2.         City Council request that responses to all outstanding recommendations be submitted to the Auditor General's Office by December 31, 2009.  If there is an objection to the Auditors Recommendations, the reason be stated as to why the recommendations would not be implemented.

City Council considered the following Items together:

-           Item AU11.7, headed "Auditor General's Status Report on Outstanding Audit Recommendations for City Divisions"; and

-           Item AU11.8, headed "Auditor General's Status Report on Outstanding Audit Recommendations for City Agencies, Boards and Commissions".

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council receive for information, the 28 responses regarding access, equity and human rights policies and procedures, received from the City’s agencies, boards and commissions and attached to the report (June 8, 2009) from the City Clerk.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council receive for information, the 2008 Financial Statements and related documents of the following agencies, boards, commissions and corporations:

             -    Exhibition Place

             -     Toronto Parking Authority

             -     Toronto Transit Commission.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council appoint the physicians named in Confidential Attachment 1 to the report (September 28, 2009) from the Medical Officer of Health, as Associate Medical Officers of Health for the City of Toronto Health Unit.

2.         City Council transmit Part 1 above to the provincial Minister of Health and Long-Term Care for approval of the appointments.

3.         City Council repeal the by-laws appointing former Associate Medical Officers of Health outlined in Confidential Attachment 1 to the report (September 28, 2009) from the Medical Officer of Health.

4.         City Council grant authority to introduce the necessary Bill in Council to appoint the physicians named in Confidential Attachment 1 to the report (September 28, 2009) from the Medical Officer of Health, as Associate Medical Officers of Health, subject to the approval of the provincial Minister of Health and Long- Term Care.

5.         City Council grant authority to introduce the necessary Bill in Council to rescind the appointments of the Associate Medical Officers of Health named in Confidential Attachment 1 to the report (September 28, 2009) from the Medical Officer of Health.

6.          City Council authorize the release of Confidential Attachment 1 to the report (September 28, 2009) from the Medical Officer of Health once adopted.

Confidential Attachment 1 to the report (September 28, 2009) from the Medical Officer of Health is now public in its entirety and contains:

1.         the names of the following public health physicians recommended for appointment as Associate Medical Officers of Health for the City of Toronto Health Unit:

               - Dr. Allison Chris, MD, CCFP, FRCPC (commenced work on June 2, 2009)

               - Dr. Barbara Kawa, MD, DPH (commenced work on April 6, 2009); and

2.         the names of the former Associate Medical Officers of Health whose appointment as AMOH should be rescinded:

               - Dr. Rosanna Pellizzari

               - Dr. Fran Scott

               - Dr. Tamara Wallington.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council appoint the three individuals listed in Confidential Attachment 1 to the Heritage Toronto Board of Directors for a term commencing, upon approval, for the balance of the current term of Council, November 30, 2010 and until a successor is appointed.

2.         City Council request the City Clerk to make the appointees’ names public once appointed by Council and the appointees have been notified.

Confidential Attachment 1 from the City Clerk is now public in its entirety and contains the names of the following individuals appointed to the Heritage Toronto Board of Directors:

 - Hafeezan Baksh

 - Brad McCabe

 - Paul Litt (Toronto Historical Association representative)

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council appoint the selected individuals listed in Confidential Attachment 1 to the Board of Management of the Toronto Zoo for a term commencing, upon approval, for the current term of Council, ending November 30, 2010 and until a successor is appointed.

2.         City Council request the City Clerk to make the appointees’ names public once appointed by Council and the appointees have been notified.

Confidential Attachment 1 from the City Clerk is now public in its entirety and contains the names of the following individuals appointed to the Board of Management of the Toronto Zoo:

 - Sylvie Tessier

 - Cindy Yelle

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council appoint the alternate listed in Confidential Attachment 1 to the Toronto Atmospheric Fund Board of Directors for a term, commencing upon approval and ending on November 30, 2010, and until a successor is appointed.

2.         City Council request the City Clerk to make the appointee’s name public once appointed by Council and the appointee has been notified. 

Confidential Attachment 1 from the City Clerk is now public in its entirety and contains the name of the following individual appointed to the Toronto Atmospheric Fund Board of Directors:

 - Stefan Reichenbach

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council endorse, in principle, the BMX Go Forward Strategy as set out in the report (September 22, 2009) from the General Manager, Parks, Forestry and Recreation, and its Attachment 1, subject to the successful securing of any financial resources required for its implementation.

2.         City Council receive, for information, the maintenance practices identified as presently being undertaken at the City’s two existing BMX sites set out in the report (September 22, 2009) from the General Manager, Parks, Forestry and Recreation, and its Attachment 4.

 City Council on October 26 and 27, 2009, adopted the following:

1.         City Council delegate authority to the General Manager, Shelter, Support and Housing Administration, to execute the 2009 Provincial Rent Bank Agreement, and enter into future amendments or renewal agreements, on behalf of the City of Toronto with the Minister of Municipal Affairs and Housing for continued delivery of the Provincial Rent Bank program.

2.         City Council authorize the General Manager, Shelter, Support and Housing Administration, to receive the funding from the Ministry of Municipal Affairs and Housing for the 2009 provincial allocation, and to receive any future funding which may be forthcoming from the Ministry of Municipal Affairs and Housing for the Provincial Rent Bank program.

3.         City Council authorize the General Manager, Shelter, Support and Housing Administration, to execute the necessary agreements with Neighbourhood Information Post (the lead community agency coordinating the Rent Bank Program in Toronto) to deliver the Provincial Rent Bank Program, and to allocate provincial Rent Bank funding to Neighbourhood Information Post beginning with an allocation of $1,499,211 in 2009.

4.         City Council approve the Local Rules which guide the operation of the Rent Bank program in Toronto substantially as set out in Appendix B to the report (September 24, 2009) from the General Manager, Shelter, Support and Housing Administration, and authorize the General Manager, Shelter, Support and Housing Administration, to amend the rules as required to be consistent with any future amendments to the Ministry of Municipal Affairs and Housing, and to respond to program implementation needs which may arise from time to time.

5.         City Council request the Minister of Municipal Affairs and Housing to allocate all future Provincial Rent Bank funding among Consolidated Municipal Service Managers and District Social Service Administration Boards based on the relative proportions of tenant households paying more than 30% of their income on rent.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council appoint Jan Nowakowski to membership on the Advisory Committee on Long‑Term Care Homes and Services, for a period of four years, with the provision for an extension of an additional term, as outlined in the terms of reference.

2.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council approve additions and deletions to the The Eglinton Way Business Improvement Areas Board of Management as set out in Attachment 1 of the report (September 28, 2009) from the General Manager, Economic Development, Culture and Tourism.

2.         City Council amend Schedule A of the Municipal Code Chapter 19, Business Improvement Areas, to reflect changes to the BIA Board of Management.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council grant authority for the City to enter into a Memorandum of Understanding with the Toronto Transit Commission and York University for the purposes of the Toronto-York Spadina Subway Extension Project, substantially on the terms and conditions as set out in Attachment 1 of the report (September 29, 2009) from the Chief Corporate Officer - Confidential Information, together with such revisions as are satisfactory to the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

2.         City Council severally authorize each of the Chief Corporate Officer and the Director of Real Estate Services to execute the Memorandum of Understanding with the Toronto Transit Commission and York University, on the City’s behalf.

3.         City Council authorize the public release of the confidential information contained in Attachment 1 of the report (September 29, 2009) from the Chief Corporate Officer, upon the later of, completion and final settlement of all agreements or claims with York University to the satisfaction of the City Solicitor, or commencement of revenue service of the Project.

Confidential Attachment 1 to the report (September 29, 2009) from the Chief Corporate Officer remains confidential in its entirety at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information about a proposed or pending acquisition or sale of land for municipal or local board purposes.  The confidential information in Confidential Attachment 1 will be made public upon the later of, completion and final settlement of all agreements or claims with York University to the satisfaction of the City Solicitor, or commencement of revenue service of the Project.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council grant authority to enter into a Lease between the City of Toronto, as Landlord, and  685071 Ontario Inc. c.o.b. as Biagio Ristorante, as Tenant, for a five year term with an option to renew for a further five (5) year term, on terms substantially in accordance with Appendix “A”, contained in the report (August 27, 2009) from the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

2.         City Council authorize the Chief Corporate Officer to administer and manage the lease agreement, including the provision of any consents, approvals, notices and notices of termination, provided that the Chief Corporate Officer may, at any time, refer consideration of such matters to City Council for its determination and direction.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council approve the donation of the property known as 2413R Lake Shore Boulevard West (the "Property"), as proposed in the offer to donate submitted by Bell Canada, including future and ongoing obligations arising from the donation, as detailed in the Financial Impact Statement contained in the report (September 21, 2009) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation.

2.         City Council accept the offer to donate the Property from Bell Canada substantially on the terms outlined in Appendix “A” to the report (September 21, 2009) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation, and that each of the Chief Corporate Officer and the Director of Real Estate Services be authorized severally to accept the offer on behalf of the City.

3.         City Council direct that on completion of the offer to donate, a receipt for income tax purposes in the amount of $22,000.00, be issued by the City to Bell Canada.

4.         City Council authorize the City Solicitor to complete these transactions on behalf of the City including making payment of any necessary expenses, and amending the closing date and other dates to such earlier or later date(s) and on such terms and conditions as she may from time to time consider reasonable.

5.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council grant authority to enter into an amending agreement for applying a new market rental rate of $5,500.00 per annum, net, plus GST, for the period from December 1, 2006 until November 30, 2016 with respect to the existing Pipeline Easement in favour of Trans-Northern Pipelines Inc., in a form acceptable to the City Solicitor.

2.         City Council grant authority to the Chief Corporate Officer to administer and manage the Amending Agreement, including the provision of any consents, approvals, notices and notices of termination provided that the Chief Corporate Officer may, at any time, refer consideration of such matter (including their content) to City Council for its determination and direction.

City Council on October 26 and 27, 2009, received Item GM25.7 for information.

Confidential Attachment 1 to the report (September 29, 2009) 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 and litigation or potential litigation.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council grant standing authority to the City Solicitor, in consultation with the responsible operating Division Head, Deputy City Manager or the City Manager, to refer contractual disputes to arbitration, where the amount in issue, exclusive of interest, costs and arbitrator’s fees, is $500,000.00 or less.

2.         City Council direct that such authority include the authority to negotiate the terms under which such arbitrations are to be conducted, including appeal rights or that the arbitration award be final and binding, and to enter arbitration agreements including those terms.

3.         City Council direct that such authority include the authority to discontinue or settle such arbitrations where it is concluded that it is reasonable to do so, to appeal arbitration awards where permitted and warranted, to take proceedings to enforce arbitration awards where necessary, to write off amounts that are uncollectible where it is appropriate to do so, or otherwise to deal with the recovery of such claims, in consultation, where appropriate, with the responsible Division Head, Deputy City Manager or City Manager, and to execute any documents in furtherance thereof.

4.         Prior to exercising the authority granted under this provision, the City Solicitor shall consult with the appropriate Standing Committee Chair and/or where the matter involves a ward matter, the local councillor(s).  This consultation shall include a decision to discontinue, settle, appeal, or take proceedings to enforce.

5.         City Council request the Deputy City Manager and Chief Financial Officer to report any accounts receivable written off as part of this policy in the annual Accounts Receivable Write-off report.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council receive for information the report (June 9, 2009) from the Treasurer entitled "2008 Consulting Services Expenditure - City Divisions and Major Agencies, Boards and Commissions."

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council increase the Toronto Water’s 2009 Capital Budget and 2010-2013 Capital Plan by $1,766,000.00 in WBS Element CWW468-07 Storm Sewer Replacement funded from Wastewater Capital Reserve Fund XR6004 to fund the cost of the emergency repairs.

2.         City Council request the Executive Director, Technical Services, to report to the Public Works and Infrastructure Committee on:

a.         why the City is incurring additional repair costs at this location, such report to include a review of the work done by Metropolitan Toronto to affect "permanent remedial measures" following the previous collapse; and

b.         the feasibility of sharing the costs of the remedial work with the Toronto and Region Conservation Authority.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council increase Toronto Water’s 2009 Capital Budget by $1,415,000.00 in WBS Element CWW014-13 Trunk Sewer Rehabilitation funded from Wastewater Capital Reserve Fund XR6004 to fund the cost of the emergency repairs.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council authorize the granting of an easement in the nature of a Right of Way (“ROW”) to Metrolinx over the closed portion of Market Street, illustrated as Part 1 on the Property Information Sheet (Sketch No. PS-2008-016), attached to the report (September 29, 2009) from the President, Toronto Parking Authority, subject to the following terms and conditions:

            a.         a 99-year stratified interest;

            b.         the ROW be granted for the sum of $346,000;

            c.         the ROW will be limited to an area of 269.14 square meters with dimensions of approximately 10.1 meters by 26.8 meters and stratified in height extending from grade level to a limit of 5.18 meters;

            d.         the ROW is for non-exclusive use as a new vehicular service and maintenance ingress / egress point to the railway corridor; and

            e.         the TPA retains a right to re-configure the ROW if required.

2.         City Council authorize the appropriate City officials to take the actions necessary to give effect thereto.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council grant authority to amend Sole Source Contract 47010369 to Mikon Engineering Ltd. for the supply and delivery of vinyl (thermal transfer imaging film), ribbons and repairs for the Durochrome Thermal Transfer Printer for Parks, Forestry and Recreation from $480,000.00 net of GST by the amount of $495,000 net of GST to a revised total value of $975,000.00 net of GST and also extend the contract expiry date to December 31, 2012.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council direct that authority be granted to enter into an Agreement of Purchase and Sale with the Toronto District School Board to acquire the property municipally known as 819 Sheppard Avenue West at a purchase price of $7,572,500.00 plus applicable taxes and registration fees, estimated at $148,100.00 substantially on the terms outlined in Appendix "A" to the report (October 7, 2009) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation, and on such other terms and conditions as may be acceptable to the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

2.          City Council direct that funds drawn from the Parkland Acquisition Reserve Fund - City Wide Land Acquisition (XR-2210), estimated at $601,960.00 be repaid through allocation of future cash-in-lieu of parkland dedication from developments in Ward 10 exceeding the base 5% contribution.

3.         City Council direct that the $3,889,000.00 to be drawn from the Land Acquisition Reserve Fund (XR-1012) for the purchase and capital repairs be repaid to the Land Acquisition Reserve Fund over 20 years from net lease payments paid by the private school currently occupying the building or upon sale of the property.

4.          City Council forward the report (October 7, 2009) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation to the Budget Committee for consideration with the 2010 Capital Budget.

5.         City Council direct that each of the Chief Corporate Officer and the Director of Real Estate Services be authorized severally to execute, on behalf of the City, the Agreement of Purchase and Sale(s) with the Toronto District School Board.

6.          City Council authorize the City Solicitor to complete the transaction(s) on behalf of the City including making payment of any necessary expenses and amending the closing date and other dates to such earlier or later date(s) and on such terms and conditions as she may from time to time consider reasonable.

7.          City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council adopt the amendments to Schedule A of Appendix K of Toronto Municipal Code Chapter 545, Licensing, as per Appendix A of the report (September 16, 2009) from the Executive Director, Municipal Licensing and Standards.

2.         City Council delete the note, following 2-I of Appendix K of Toronto Municipal Code Chapter 545, Licensing.

3.         City Council adopt January 1, 2010 as the date for the by-law amendments to come into effect.

4.         City Council direct the City Solicitor to prepare the necessary bill, including any stylistic or technical amendments required, to give effect to any recommendations adopted by City Council.

5.         City Council authorize and direct City staff to take any other action necessary to implement the by-law amendments.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council receive for information, the report (April 14, 2009) from the Executive Director, Municipal Licensing and Standards and report (February 18, 2009) from Carol Shirtliff-Hinds, Chair, Toronto Licensing Tribunal submitting the 2008 Annual Report of the Toronto Licensing Tribunal.

2.         Toronto Licensing Tribunal decisions be posted on the City's website.

3.         City Council direct the City Manager's Office to amend the relationship framework to allow the Toronto Licensing Tribunal to respond in a timely manner to applications for judicial review.

4.         In so doing, the Toronto Licensing Tribunal be permitted to make decisions on an interim basis, where necessary, to be later ratified by them at a business meeting.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council adopt the proposed amendments to Chapter 548, Littering and Dumping of Refuse, as found in Appendix “A”, attached to the report (September 16, 2009) from the Executive Director, Municipal Licensing and Standards.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council direct all corporate agencies, boards, commissions, corporations and divisions to track their green initiatives, activities, programs, policies and actions which result in environmental benefits and specifically reductions in air emissions, including greenhouse gases and air pollutants, according to standards and protocols established by the Toronto Environment Office.

2.         City Council direct the Director of the Toronto Environment Office to report bi-annually on both the quantifiable and other environmental benefits of the Corporation’s green initiatives and activities from all City of Toronto agencies, boards, commissions, corporations and divisions.

3.         City Council forward a copy of this report to the Ontario Ministry of the Environment for their information.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council direct the City Solicitor, in consultation with the General Manager of Parks, Forestry and Recreation and Medical Officer of Health, to amend the Toronto Municipal Code Chapter 608, Parks to:

a.         except as set out in Recommendation No. 2 below, allow dogs under the control of non-commercial and commercial dog walkers to use all City swimming beaches from November 1 to March 31 while on-leash and prohibit use at all other times, and

b.         allow working dogs providing a service to the City to use all City swimming beaches and other parklands on-or off-leash at any time

as outlined in Attachment 1 of the report (September 29, 2009) from the General Manager, Parks, Forestry and Recreation and the Medical Officer of Health, subject to any necessary minor substantive or stylistic refinements as may be identified by the General Manager, Parks, Forestry and Recreation and the City Solicitor.

2.         City Council direct that during the period November 1 to March 31, dogs be allowed off-leash below the snow fence line for Kew-Balmy and Woodbine Beaches only and that the General Manager, Parks, Forestry and Recreation be requested to prepare a report outlining the success of this approach by November, 2010 for consideration by the Parks and Environment Committee. 

3.         City Council request the General Manager, Parks, Forestry and Recreation to present the Beaches Action Plan when available to the Parks and Environment Committee for review and recommendations.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council adopt the revised two-tiered set of performance measures associated with the Toronto Green Standard as presented in Appendix A of the report (September 22, 2009) from the Chief Planner and Executive Director, City Planning Division, to be applied to all applications under the Planning Act.

2.         City Council direct that the Toronto Green Standard report be circulated to the following organizations, and that they be requested and encouraged to adopt similar environmental standards, especially with regard to the Bird Friendly Guidelines and Light Pollution:

-           LEED:  Leadership in Energy and Environmental Design (Green Buildings Certification Institute)

-           BOMA:  Building Owners and Managers Association

-           BILD:  Building Industry Land Development Association

-           Great Lakes and St. Lawrence Cities Initiative

-           Canada Green Building Council

-           AMO:  Association of Municipalities of Ontario

-           FCM:  Federation of Canadian Municipalities

3.         City Council refer the following motions to the Chief Planner and Executive Director, City Planning, for a report to the Planning and Growth Management Committee at its meeting on February 11, 2010:

              Moved by Councillor Moscoe:

1.         That City Council adopt the revised two-tiered set of performance measures associated with the Toronto Green Standard as presented in Appendix A of the report (September 22, 2009) from the Chief Planning and Executive Director, City Planning Division, to be applied to all applications under the Planning Act, with the following amendments:

a.         The section headed “Storage and Collection of Recycling and Organic Waste” be referred to the Chief Planner and Executive Director, City Planning Division, in consultation with the General Manager, Solid Waste Management Services, to establish requirements for in-building systems that will better facilitate the City’s three-stream recycling program.  Those requirements to include structural changes to townhouse developments that will eliminate the requirement to wheel city recycling containers around the block to facilitate collection.

 b.        The section headed “Minimum Energy Performance” be referred back to the Chief Planner and Executive Director, City Planning Division, to report on the impact of moving the requirement to provide Energy Star compliant refrigerators and dishwashers into Tier 1 standards.

2.         Buildings that are owned by the City of Toronto or any of its agencies, boards, commissions, corporations or divisions that are not heated or cooled be required to meet the same green roof standards applied to private sector buildings.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council authorize and direct the General Manager, Solid Waste Management Services, to negotiate and enter into Collector and Hauler agreements with Ontario Tire Stewardship, substantially on terms and conditions summarized in Appendix “A” and Appendix “B”, respectively, of the report (September 21, 2009) from the General Manager, Solid Waste Management Services, with such modifications considered to be in the interests of the City by the General Manager, and otherwise on terms and conditions satisfactory to the General Manager and in a form satisfactory to the City Solicitor, in order to receive funding through the Used Tires Program Plan established by Ontario Tire Stewardship under the Waste Diversion Act.

2.         City Council authorize and direct the General Manager, Solid Waste Management Services, to negotiate and enter into a Collection Site Operator Agreement with Ontario Electronic Stewardship, substantially on terms and conditions summarized in Appendix “C” of the report (September 21, 2009) from the General Manager, Solid Waste Management Services, with such modifications considered to be in the interests of the City by the General Manager, and otherwise on terms and conditions satisfactory to the General Manager and in a form satisfactory to the City Solicitor, in order to receive funding through the Waste Electrical and Electronic Equipment (WEEE) Program Plan established by Ontario Electronic Stewardship under the Waste Diversion Act.

3.         City Council grant the General Manager, Solid Waste Management Services, the standing authority to negotiate and execute any future amendments to the agreements described in Parts 1 and 2 above as appropriate, and within the provincially approved model of 100% industry cost recovery, on terms and conditions satisfactory to the General Manager and in a form satisfactory to the City Solicitor.

4.         City Council adopt the exemption to the tire tipping fee of $150 per tonne applied at the City’s transfer stations, as set out in Appendix “A” of Schedule 1 of Toronto Municipal Code Chapter 441, Fees and Charges, for tire loads less than or equal to 100 kilograms.

City Council on October 26 and 27, 2009, adopted the following:

1.         City Council authorize the General Manager of Solid Waste Management Services to enter into a contract for Waste Transportation/Haulage Services (Request for Quotation No.  6033-09-3077) from the City of Toronto’s Transfer Stations to the Green Lane Landfill, for a period of seven (7) years beginning January 1, 2011, with three (3) additional one year options, in accordance with all specifications and terms and conditions set out in the Request for Quotation with the lowest bidder Verspeeten Cartage Ltd., having submitted the lowest bid meeting specifications, in the total estimated amount of $132,007,621.79 including an allowance for a Fuel Surcharge, net of G.S.T.