The Decision Document is for preliminary reference purposes only. Please refer to the Committee’s Report to City Council or to the Minutes for the official record.

How to Read the Decision Document:

•           Recommendations of the Committee to City Council appear after the item heading

•           Other action taken by the Committee on its own authority, which does not require Council’s approval, is listed in the decision document under the heading "Decision Advice and Other Information" .

•           Declarations of Interest, if any, appear at the end of an item.

The Executive Committee recommends that City Council approve the following:

Build and Invest Toronto

1.         Council approve the Shareholder Direction for Build Toronto Inc., as set out in Appendix A of the report (May 16, 2009) from the City Manager, and for Invest Toronto Inc., as set out in Appendix B of the report.  

2.         Build Toronto Inc. and Invest Toronto Inc. be exempted from the Lobbyist Registry and that the City Solicitor be authorized to introduce the necessary Bill in Council amending Chapter 140 of the Municipal Code, adding Build Toronto Inc. and Invest Toronto Inc. to the list of exempted organizations in the By-law under Schedule A of "Exempted Municipal Level Corporations and Other Bodies." 

3.         The Deputy City Manager responsible for affordable housing issues periodically report to the Affordable Housing Committee on the agreed upon affordable housing targets for properties transferred to Build Toronto.

TEDCO

4.         Effective immediately, in accordance with intentions outlined in the Council-approved report entitled “New Model to Enhance Toronto’s Economic Competitiveness” approved by Council in October 2008, the Board of Directors of TEDCO be comprised of 4 members including:

a.         the General Manager of EDCT as Chair;

b.         the Deputy City Manager and Chief Financial Officer or designate;

c.         the Deputy City Manager charged with Waterfront issues or designate; and

d.         the Chief Corporate Officer.

5.         City Council, as soon as is practical, in keeping with a re-defined mandate, request the TEDCO Board to re-brand the corporation to reflect its role as a Port Lands leasing company.

6.        T he City Manager be authorized to amend the Shareholder Direction to TEDCO and the City Solicitor be authorized to amend, on behalf of the shareholder of TEDCO, the TEDCO By-law and any other documents including the existing Memorandum of Understanding among the City, Waterfront Toronto and TEDCO, if required, to reflect these changes and any prior changes authorized by the City.

The implementation of the New Model to Enhance Toronto’s Economic Competitiveness is on-going with the start-up of Build Toronto and Invest Toronto.

This report addresses five specific implementation requirements as follows:

1.         recommends Shareholder Directions for Build Toronto and Invest Toronto;

2.         establishes the transitional role for TEDCO and its board structure;

3.         responds to Council’s requests for further information on Invest Toronto including the conduct of meetings and alignment of activities with regional marketing initiatives including the GTMA and TRRA;

4.         addresses issues raised by Executive Committee on May 4, 2009 regarding Build Toronto protocols and affordable housing; and,

5.         recommends amendment to the Lobbyist Registrar By-law to exempt Build Toronto and Invest Toronto from the requirement to register as lobbyists when dealing with the City.

The Executive Committee recommends that:

1.         City Council, in its role as Shareholder of the Toronto Community Housing Corporation, receive Toronto Community Housing Corporation’s 2009 – 2011 Community Management Plan.

2.         The City Clerk forward a copy of this report and City Council’s decision to the Board of Directors of the Toronto Community Housing Corporation as the City’s comments on the Plan.

3.          City Council request the Toronto Community Housing Corporation to incorporate the planning and implementation of the AODA requirements into the 2009-2011 Community Management Plan.

The City Manager recommends that:

1.         City Council direct Division Heads to expedite the implementation of initiatives in areas requiring action in Appendix 1 and Appendix 2 of the report (May 13, 2009) from the City Manager, and that the results of implementation be reported in the next status report to Council scheduled for September 2010.

2.         City Council request the City Manager's Office to meet with representatives from equity seeking groups within the next year to provide information on the status report on access, equity and human rights, in order to obtain and include community input in future reports.

This report advises Council on the status of the City’s Access, Equity and Human Rights Achievements (AEHR).  The report includes:

i.          an update on the implementation of the 2008 Auditor General’s recommendations regarding the implementation of Access, Equity and Human Rights in Agencies, Boards, Commissions and Corporations (ABCCs); and

ii.          the indicators used to benchmark 2008 AEHR accomplishments by City Divisions.

This is the first report to Council on access, equity and human rights achievements that uses indicators to report on the progress of implementation.

The indicators selected for this report will be reviewed for their effectiveness in measuring progress, and will be updated and expanded for future reports.  These indicators address the City’s multiple roles as employer, demonstrating leadership, building community capacity, ensuring accessibility for people with disabilities, achieving prosperity and participation, providing services and programs for the diverse communities in the City, as well as to businesses and visitors.

Although the City’s access, equity and human rights policies and programs are intended to address the specific barriers faced by members of equity seeking groups, these policies and programs have the overall effect of creating a civic environment which respects and values diversity. Inclusion of the City’s ABCCs in an AEHR planning process moves the City further towards the goal of full participation by residents in all aspects of civic life.

Information provided by City Divisions show that they continue to make tremendous progress in providing programs and services which address access, equity and human rights issues.  The available data also show that there are areas where immediate action is required, particularly with respect to the City’s role as an employer. 

Appendix 1 presents a summary of indicators used to summarise the 2008 accomplishments of City Divisions.   Appendix 2 provides details of Divisional accomplishments.

The Executive Committee recommends that:

1.         Toronto City Council endorse the Statement of Commitment Regarding Persons with Disabilities (Appendix A of the report (May 7, 2009) from the City Manager) for posting in City facilities.

2.         The City Manager expedite the provision of a training program for staff who have responsibilities under the AODA.

3.                  The City Manager remind all Agencies, Boards, Commissions and Corporations to meet compliance requirements of the accessible standards established under the AODA.

The Executive Committee:

1.         Forwarded the report (May 7, 2009) from the City Manager to the Disability Issues Committee for its meeting on June 18, 2009.

2.         Requested the City Manager to submit a supplementary report to the July 6, 2009 meeting of City Council with any additional amendments, and consider the comments from Executive Committee members in his supplementary report.

The Executive Committee recommends that:

1.         City Council receive and forward the report (May 11, 2009) from the City Manager to the Aboriginal Affairs Committee for information.

The Executive Committee referred the following motion by Councillor Kelly to the City Manager for consideration in the development of an Urban Aboriginal Strategy:

1.         The Aboriginal Affairs Committee be requested to look at the possibility of creating an Aboriginal Affairs Office in City Hall.

2.         The Board of Education be requested to look into a Mentoring Program for Aboriginal youth.

The Executive Committee recommends that:

1.         City Council determine that amendments to the Indemnification Policy for Members of Council regarding defamation are necessary, and approve the amendments set out in Appendix B of the report (May 11, 2009) from the City Manager.

2.         City Council request the Integrity Commissioner to report on any related amendments to the Code of Conduct Complaint Protocol for Members of Council.

3.         City Council not extend the amendments set out in Appendix B of the report (May 11, 2009) from the City Manager to directors of agencies, boards, commissions, corporations and special purpose bodies.

The Executive Committee requested the City Manager and the City Solicitor to report directly to City Council on the following matters:

1.         In view of the short time lines to give notice of defamation actions, amendments to the proposed policy in order to expedite Member versus Third Party Claims, including possible delegation to staff or officials of parts of the proposed process.

2.         In view of the short time lines, an examination of  the particular situation faced by Councillor Bussin in respect of the potential defamation and suggest a course of action to address approval and reimbursement of her legal expenses.

3.         The motion by Councillor Mammoliti, that if a Council Member feels that he or she needs immediate legal advice to proceed with any legal matter, the Member be able to access the cost of legal fees up to $10,000 prior to approval under the proposed policy.

4.         The motion by Councillor Moscoe, that:

a.         The Members of Council shall be entitled to select their own legal representation subject to their legal bills being reviewed by the City Solicitor.

b.         This policy also apply to Members of Council when they are serving as a Council Appointee on any ABC or any other body to which they have been appointed by Council. 

c.         This matter be forwarded to all ABC's with a request that they review their own policies.

d.         The external lawyer who makes the recommendations in connection with the process for (i)  Member versus Third Party, and (ii) Member versus Member, , or anyone connected to them, shall be prohibited from acting for any of the parties to the matter.

The Executive Committee recommends that City Council:

1.         Consider the Council meeting to be the Annual General Meeting of the Shareholder for Toronto Hydro Corporation by:

a.         adopting the recommendations in the Toronto Hydro Corporation report, dated April 30, 2009, forming Attachment 1 to the report, to appoint Ernst and Young LLP, Chartered Accountants, as the auditor for Toronto Hydro Corporation, to authorize the Corporation’s Board of Directors to fix their remuneration, and to receive the report from the Chair of the Board of Directors;  and

b.                  receiving the information report of the Deputy City Manager and Chief Financial Officer, dated May 19, 2009, “Toronto Hydro Corporation – Financial Statements”, forming Attachment 2 to the report and receiving the financial statements forming Appendix A to the report; and

2.         Refer Toronto Hydro Corporation’s Consolidated 2008 Annual Financial Statements in Attachment 2 to the report (May 19, 2009) from the Deputy City Manager and Chief Financial Officer to the Audit Committee for review.

The Executive Committee recommends that City Council receive Toronto Hydro Corporation’s unaudited Financial Statements for the period ended March 31, 2009.

The Executive Committee recommends that:

1.         City Council authorize entering into an agreement to provide Arsandco Investments Limited with an exemption from the payment of the parks and recreation, water, sanitary sewer and storm water management components of development charges payable with respect to the development of its lands at the south-west corner of Midland Avenue and Lawrence Avenue East, such agreement to be substantially in the form attached as Appendix 1 to this report, and in a form satisfactory to the City Solicitor.

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

The purpose of this report is to respond to a request for legal advice about the City’s ability to require builders to:

a.         disclose any development charges where an agreement of purchase and sale is entered into for a new home; and

b.         include municipal charges in the advertised price for a new home.

These matters are addressed in the confidential attachment as the advice contained therein is subject to solicitor and client privilege.

The Executive Committee recommends that:

1.         City Council create a Debenture Committee, consisting of the Mayor, Budget Chair, City Manager and Deputy City Manager and Chief Financial Officer to serve for the term of Council,  and delegate to the Debenture Committee:

a.         The authority to issue debentures and revenue bonds, and enter into bank loans up to the annual limit established by Council in the City’s annual borrowing by-law; and

b.         the authority to adopt the requisite borrowing by-laws to approve debenture issue authorized by the Debenture Committee, in accordance with the City’s Financing of Capital Works Policy and Goals (The “Financing Policy”) and with all legislative requirements

2.         City Council amend the “City of Toronto Financing of Capital Works Policy and Goals” to reflect Recommendation 1 of the report and adopt the amended Policy as set out in Appendix A of the report (May 19, 2009) from the Deputy City Manager and Chief Financial Officer.

3.         City Council direct By-law 1326-2008, the City’s 2009 Borrowing Limit By-law, be amended to reflect Recommendation 1 of the report (May 19, 2009) from the Deputy City Manager and Chief Financial Officer.

4.         City Council grant authority for the introduction of the necessary bills in Council to give effect to the recommendations.

The Executive Committee requested:

1.         the Deputy City Manager and Chief Financial Officer to report annually to City Council, through the Executive Committee, on the activities of the Debenture Committee.

The Executive Committee recommends that:

1.                  City Council authorize the levy and collection of taxes for the 2009 taxation year on railway roadways and rights of way and on land used as transmission or distribution corridors owned by power utilities, in accordance with subsection 280(1) of the City of Toronto Act, 2006 and subsection 257.7 (1) of the Education Act.

2.         City Council grant authority for the introduction of the necessary bill to give effect thereto;

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

4.         City Council approve seeking an amendment to:

a.         Regulation 387/98 and 392/98 to require an annual inflationary adjustment in the “mature rate”.

b.         the “mature rate” prescribed by Regulation so as to phase in rate changes that more properly reflect the market value of the land over a period of time be reviewed

5.         City Council request the City Manager to actively pursue this matter in concert with other municipalities in Ontario.

The Executive Committee recommends that:

1.         City Council authorize the levy and collection of amounts for the 2009 taxation year on hospitals, colleges and universities and correctional facilities as authorized by Section 285 of the City of Toronto Act, 2006.

2.                  City Council apply the maximum prescribed amount of $75 per provincially rated hospital bed, full time student, or resident place as prescribed by Ontario Regulation 121/07.

3.                  City Council grant authority for the introduction of the necessary bills in Council to levy amounts for the 2009 taxation year on hospitals, colleges and universities and correctional facilities.

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

The Executive Committee recommends that:

1.         City Council approve The City of Toronto’s Statement of Commodity Hedging Policies and Goals, as contained in Appendix A of the report (May 19, 2009) from the Deputy City Manager and Chief Financial Officer.

2.         City Council delegate the Deputy City Manager and Chief Financial Officer with the authority to determine whether a particular commodity price hedging agreement is advantageous for the City while applying the policy contained in Appendix A of the report to ensure that the financial position of the City will be enhanced by the use of such an agreement.

3.         City Council designate the Deputy City Manager and Chief Financial Officer as the person responsible for administrative matters pertaining to commodity price hedging and will delegate certain administrative duties and responsibilities to internal staff and external agents.

4.         City Council designate t he Deputy City Manager or his/her designate(s) to:

a.         enter into contracts for the purpose of securing a physical supply of commodities that are required by the City in its normal course of operation and in accordance with the policy in Appendix A of the report, and

b.         enter into Agency Agreements and/or other contracts and/or arrangements with Contract Agents (as defined in the Statement of Commodity Hedging Policies and Goals in Appendix A of the report) for the purpose of purchasing, securing and/or delivery of commodities in accordance with the City’s purchasing policies.

5.         City Council establish a reserve called the “Commodity Price Stabilization Reserve” as outlined in Appendix B of the report to moderate the budgetary impact of commodities that are purchased in accordance with the City’s Statement of Commodity Hedging Policies and Goals.

6.         City Council amend Municipal Code Chapter 227 (Reserves and Reserve Funds) by adding the “Commodity Price Stabilization Reserve” to Schedule ‘3’ – Stabilization Reserves.

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

The Executive Committee recommends that:

1.         City Council authorize the Deputy City Manager whose responsibilities include Waterfront Revitalization, on behalf of the City, to jointly submit with Waterfront Toronto the Terms of Reference for the Gardiner Expressway and Lake Shore Boulevard Reconfiguration Environmental Assessment Study to the Ontario Minister of the Environment for review and approval.

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

3.         City Council direct that a cost/benefit study be conducted as part of the Environmental Assessment Study.

  4.          City Council direct that the Environmental Study also address the barrier of the railway lands and identify solutions for overcoming that barrier.

The Executive Committee requested:

1.         Deputy City Manager Richard Butts, in consultation with Waterfront Toronto, to revise the last sentence of Section 5.1, Transportation System Study Area (page 21 of the Terms of Reference) to read as follows:

“Further, transportation initiatives and traffic behaviours and modal splits at a City-wide or regional level will also be considered in the transportation assessment.”

2.          Staff, as part of the EA process, to continue to ensure that north-south pedestrian movements impacted by the design or enhanced, be measured as options are explored, with particular attention being paid to the neighbourhoods north and south of the road corridor.

The Executive Committee unanimously recommends that:

With respect to the Queens Quay Revitalization Environmental Assessment:

1.         City Council grant authority to Waterfront Toronto to issue a Notice of Completion following completion of the Environmental Study Report to the satisfaction of the General Manager, Transportation Services, substantially in the form outlined in the report (May 14, 2009) from the Deputy City Manager, Richard Butts, and to file the ESR for the Queens Quay Revitalization Environmental Assessment Study in the public record for 30 days in accordance with the requirements of the Municipal Class Environmental Assessment.

2.         City Council direct the General Manager, Transportation Services and Waterfront Toronto, in consultation with the relevant City divisions, to study the opportunity to provide a new north-south road connection linking Queens Quay West to Lake Shore Boulevard opposite the Fire/EMS driveway, west of Rees Street, and if feasible, to bring forward the necessary report(s) to Council for consideration.

3.         City Council direct the General Manager, Transportation Services, the Director, Waterfront Secretariat and Waterfront Toronto, in consultation with the relevant City divisions, local Councillors and impacted stakeholders, to continue to refine the Preliminary Curb Management Plan appearing in Appendix 6 of the report (May 14, 2009) from the Deputy City Manager, Richard Butts, together with the development of a waterfront bus management strategy consistent with the timing of detailed design and the reconstruction of Queens Quay.

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

5.         City Council direct that a traffic consultant be jointly hired by the Deputy City Manager for Waterfront Revitalization and the Chief General Manager of the Toronto Transit Commission, to address the various detailed design issues identified in the report.

With respect to the East Bayfront Transit Environmental Assessment:

6.         City Council authorize the Chief General Manager of the TTC and the General Manager of Transportation Services to issue a Notice of Completion for the East Bayfront Transit Environmental Assessment, following the completion of the Environmental Study Report (ESR) substantially in the form outlined in the report (May 28, 2009) from the General Manager, Toronto Transit Commission, and place the report in the public record for a minimum 30-day period in accordance with the requirements under the Municipal Class Environmental Assessment Act.

7.         City Council authorize the installation of traffic control signals at only the following intersections on Queens Quay East: Freeland Street, the westerly-most access to 95 Queens Quay East, Richardson Street, Sherbourne Street, and Proposed Street “D” (as shown in Exhibit 11) of the report (May 28, 2009) from the General Manager, Toronto Transit Commission, coincident with the reconstruction of Queens Quay East.

8.         City Council require that any future proposals for the installation of additional signals on this section of Queens Quay East be supported by an independent technical audit, completed to the satisfaction of the General Manager, Transportation Services and the Chief General Manager of the TTC, to ensure that such signals can be installed in a way that does not negatively affect streetcar operations. This includes the signals suggested for Small Street, Bonnycastle Street and proposed "Street A" as shown in Exhibit 11 of the report (May 28, 2009) from the General Manager, Toronto Transit Commission.

12.       City Council direct that the truck-movement control gate required for the eastern, egress-only, access from Redpath Sugar, be owned and operated by the TTC to ensure that priority for streetcar operations is maintained to optimal design.

The Executive Committee recommends that:

1.         City Council authorize the Deputy City Manager whose responsibilities include Waterfront Revitalization to enter into a West Don Lands Security Fund Agreement with Waterfront Toronto, that provides securities for West Don Lands municipal infrastructure, at a rate of  20% of the estimated cost of new municipal infrastructure and parks, in accordance with the terms as outlined in this report and to the satisfaction of the City Solicitor.

2.         City Council authorize the Deputy City Manager whose responsibilities include Waterfront Revitalization to enter into an Indemnification Agreement with the Province of Ontario, containing all indemnity requirements imposed by the City as outlined in the conditions of draft  plan of subdivision approval for Phase 1 West Don Lands and to the satisfaction of the City Solicitor.

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

The Executive Committee recommends that:

1.         City Council approve the May 2009 Western Waterfront Master Plan which is to guide future decisions related to improvements to the public realm within this area.

2.         City Council direct the General Manager of Transportation Services to include for consideration in the 2010 Capital Budget for Transportation Services as a new project, $2.0 million in new capital funding ($1.0 million in 2010 and $1.0 million in 2011) in order to initiate in 2010 the environmental assessment for reconfiguration of Lake Shore Boulevard between the Humber River and Exhibition Place.

3.         City Council request the Chief Planner to consider inclusion of the Western Waterfront Master Plan Area within the jurisdiction of the City of Toronto Design Review Panel.

4.         City Council authorize the Waterfront Project Director to issue the Notice of Completion and file the May 2009 Western Waterfront Master Plan in the public record in accordance with the requirements of the Municipal Class Environmental Assessment.

5.         City Council direct the Waterfront Project Director to establish an inter-divisional staff committee to coordinate and identify resource requirements for implementation of the Master Plan.

6.         City Council authorize the creation of community advisory committees for major projects within the Western Waterfront to provide advice on future phasing and design.

7.         City Council direct the General Managers of Toronto Water, Parks, Forestry and Recreation and Transportation Services, and the Executive Directors of Technical Services and City Planning, to identify new projects that could expedite implementation of the Master Plan in the short term, for consideration as part of the 2010 Capital Budget process.

8.         City Council direct City staff to consult with impacted stakeholders to address operational and other issues when designing road realignments and improvements required to enhance public access to the water’s edge.

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

The Executive Committee:

1.         referred the item back to staff for a report to the Executive Committee on the challenges for owners to redevelop properties on traditional shopping strips in Heritage Conservation Districts, particularly those destroyed by fire, and on the options available to the City to assist such redevelopment through a Community Improvement Plan, including grants, loans and land assembly, as well as through general tax policy.

The Executive Committee recommends to City Council that:

1.         City Legal Staff continue to have authority to exercise their discretion in determining whether to make a request for litigation costs against community and resident public interest groups at public tribunals.

The Executive Committee recommends that:

1.         City Council approve the development of a City-wide, multi-year Recreation Service Plan guided by the following principles:

a          Equitable Access  --  providing equitable recreation access on a geographic and demographic basis for all residents of Toronto.

b.         Quality  --  providing the highest quality of programs and services to enhance the health, quality of life and well-being of residents.

c.         Inclusion  --  ensuring that everyone has the opportunity to access and participate in programs and services that are planned, delivered, and managed to recognize diversity and encourage participation of marginalized and racialized people and groups.

d.         Capacity Building  --  providing programs and services of social, economic and physical benefit to all participants and that create a sense of community, belonging, and vitality.

At its meeting on Friday April 3, 2009 the Commission considered the attached report entitled, “Procurement Authorization Kipling Station East Entrance Contract F7-25”.

The Commission approved the Recommendation contained in the report, as listed below:

It is recommended that the Commission authorize the construction of the Kipling Station Improvement – East Entrance and Passenger Pick Up and Drop Off (PPUDO) Project by approving:

1.         acceptance of the tender submitted by Bondfield Construction Company Limited in the amount $8,708,750.00 for Contract F7-25, Kipling Station East Entrance;

2.         additional project budget in the amount of $1.2M due to cost increase in the project 3.9 Buildings Structures, Kipling Station Improvement – East Entrance and PPUDO increasing the project budget from $10.8M to $12.0M;

3.         forwarding this report to the City via the City Budget Committee requesting additional budget and project cost approval in the amount of $1.2M for City Project CTT130-Kipling Station Improvement – East Entrance and PPUDO bringing the total to $12.0M, to be accommodated by an increase of $1.2 million in the Unspecified Budget Reduction for which TTC staff will subsequently identify project reductions to accommodate this increase;

4.         forwarding this report to Metrolinx and the Province and direct staff to pursue the Province for additional $6.5M for full project funding.

The foregoing is forwarded to the City Budget Committee for consideration of the Commission’s request embodied in Recommendation No. 3 above.

The Executive Committee recommends that:

1.         City Council approve the $58.6 million in unspent cash-flow from Toronto Water’s approved 2008 Capital Budget and related financing, adjusted as detailed in Appendix 1 of the report (April 7, 2009) from the General Manager, Toronto Water, to be carried forward and included in Toronto Water’s approved 2009 Capital Budget.  As the total carry-forward amount remains unchanged, the adjustments have no net impact on Toronto Water’s approved 2009 Capital Budget cashflow of $498.438 million.

2.         City Council approve the cashflow adjustments and budget reallocations detailed in Appendix 2 of the report (April 7, 2009) from the General Manager, Toronto Water, which have no impact on the Toronto Water’s total approved 2009 Capital Budget and 2010-2013 Capital Plan.

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

The Executive Committee recommends that:

1.         City Council approve the cashflow adjustments and budget reallocations detailed in Appendix 1 of the report (May 8, 2009) from the General Manager, Toronto Water, which have no impact on the Toronto Water’s total approved 2009 Capital Budget and 2010-2013 Capital Plan.

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

The Executive Committee recommends that:

1.         City Council authorize the reallocation of funds in the 2009 approved Facilities and Real Estate Capital Budget in the amount of $1.259 million, as illustrated in schedule “A” of the report (April 20, 2009) from the Chief Corporate Officer, with zero gross and net impact.

The Executive Committee recommends that:

1.         City Council approve the budget and technical adjustments to the 2009 Approved Capital Budget as detailed in Appendix 2 of the report (May 13, 2009) from the Deputy City Manager and Chief Financial Officer.

2.         City Council approve the creation of a new capital project entitled “194 Dowling Avenue Acquisition” to be added to the Shelter, Support and Housing Administration 2009 Approved Capital Budget with a 2009 cash flow of $0.699 million gross to be funded from the Development Charge Reserve Fund.

3.         City Council approve carry forward funding for unspent 2008 capital projects totalling $203.993 million gross and funding sources as detailed in Appendix 3.1, in order to continue work on 2008 approved capital projects, and that the 2009 Approved Capital Budget be increased accordingly with no impact on debt funding.

4.         City Council approve carry forward funding for unspent 2007 and prior year capital projects totalling $8.753 million with no incremental increase on the 2009 Council approved debt funding as detailed in Appendix 3.2, and that the 2009 Approved Capital Budget be adjusted accordingly.

The purpose of this report is to provide the City of Toronto Capital Variance for the three months ended March 31, 2009, projected actual expenditures to December 31, 2009 and to request Council’s approval for in-year budget adjustments and additional carry forward funding.

Capital expenditures for the three months ended March 31, 2009 totalled $191.913 million or 7.1% of the 2009 Approved Capital Budget of $2.700 billion.  Tax Supported Programs spent $159.443 millions, representing 7.6% of their collective 2009 Approved Capital Budget of $2.110 billion (see Appendix 1).  City Operations spent $36.441 million or 3.9% of its 2009 Approved Capital Budget of $930.178 million; while Agencies, Boards and Commissions (ABCs) spent $123.002 million or 10.4% of their collective 2009 Approved Capital Budget of $1.180 billion.  In total, Rate Supported Programs spent $32.469 million or 5.5% of their 2009 Approved Capital Budget of $590.063 million (see Chart 1).  This spending pattern is consistent with prior years; typically, capital project activities tend to be concentrated in the latter half of the year; therefore, capital-spending rates will accelerate in future months in accordance with capital project plans and schedules.

As detailed in Appendix 1, projected actual expenditures to year-end are estimated at $2.367 billion or 87.7% of the total 2009 Approved Capital Budget of $2.700 billion.  Tax Supported Programs project spending to year end of 90.4%; while Rate Supported Programs project spending of 77.8% of their total 2009 Approved Capital Budget.  It is noted that, except for 311Customer Service Strategy (62%), Sustainable Energy Plan (62%) and Sony Centre (46%), all City Programs and Agencies, Board and Commissions anticipate spending of more than 70% of their individual 2009 Approved Capital Budgets by year end.

In accordance with the City’s Carry Forward Policy, this report requests approval to carry forward funds for unspent 2008 approved capital project budget as well as 2007 and earlier years approved capital projects not previously identified and included in the 2009 Approved Capital Budget.  The additional carry forward funding request totals $203.993 million as detailed in Appendix 3.1 for 2008 approved capital projects; funding for 2007 and prior years approved capital projects totals $8.804 million with no increase to the 2009 Council Approved debt funding as shown in Appendix 3.2.

The Executive Committee recommends that:

1.         City Council direct that Toronto Water’s 2009 Capital Budget be increased by up to $2.8 million funded from Water Capital Reserve Fund XR6003 to include a new sub-project entitled CPW542-05 – Sheppard Avenue Infrastructure Relocation, to fund the cost of reconstructing the existing watermain on Sheppard Avenue East from 100m west of Scunthorpe Road to Gateforth Drive.

2.         City Council direct that Toronto Water’s 2009 Capital Budget be increased by an additional $3.0 million funded from Water Capital Reserve Fund XR6003 to increase funding to the new sub-project entitled CPW542-05 – Sheppard Avenue Infrastructure Relocation to fund the cost of relocating the existing storm sewer on Sheppard Avenue East from Scunthorpe Road to Gateforth Drive, to be recovered from the Province (Metrolinx) on the confirmation of details of their funding contribution.

3.         City Council direct that when the $3-Million is recovered from Metrolinx, the amount be returned to the Water Capital Reserve Fund XR6003.

4.         City Council request the Toronto Transit Commission to provide a clean statement of who is funding each of the utility relocates to accommodate the construction of the Sheppard East LRT including all of the private sector owned utilities. 

The Executive Committee recommends that:

1.         City Council authorize the General Manager, Solid Waste Management Services, to provide waste loading services to the private sector for waste generated within City boundaries and within the Regions of Peel, York and Durham at a rate of $13.00 per tonne, exclusive of G.S.T. beginning May 1, 2009.

2.         Subject to the adoption of Recommendation 1, City Council approve the financial procedures outlined in Attachment 1 of the report (March 24, 2009) from the General Manager, Solid Waste Management Services, and authorize the General Manager to apply these procedures to all customers wishing to utilize the City’s waste loading services.

3.         City Council authorize the General Manager to apply the financial procedures set out in Attachment 1 of the report (March 24, 2009) from the General Manager, Solid Waste Management Services, with any necessary modifications, to all transfer station and Green Lane Landfill customers.

 4.        City Council adopt the transfer station fee of $100.00 for the new category of recyclable leaf and yard waste greater than 7.5cm (3”) in diameter shown in Attachment 2 of the report (March 24, 2009) from the General Manager, Solid Waste Management Services.

5.         City Council confirm the revised transfer station fees based on axle weights as shown in Attachment 2 of the report (March 24, 2009) from the General Manager, Solid Waste Management Services.

6.         City Council amend the 2009 Approved Operating Budget for Solid Waste Management Services as indicated in the Financial Impact section of the report (March 24, 2009) from the General Manager, Solid Waste Management Services.

The purpose of this report is to seek approval to:

1.         provide private sector waste collectors and haulers with waste loading services for the transportation and final disposal of their commercially collected waste through the City’s transfer station network and set a fee and payment process for this service; and,

2.         implement new transfer station fees and update others.

The Executive Committee recommends that City Council direct that:

1.         The 2007 operating surpluses totalling $7,611 from three Arenas (Larry Grossman Forest Hill, Moss Park, North Toronto), and the excess funds advanced to Ted Reeve Arena during 2007 of $8,164, be paid to the City of Toronto and be used to partially fund the payment of operating deficits of $277,652 for the other five Arenas (George Bell, William H. Bolton, Leaside, McCormick, Ted Reeve) resulting in an operating net deficit of $270,041 to be funded by the City, as detailed in Appendix A, column (c), of the report (May 6, 2009) from the Deputy City Manager and Chief Financial Officer.

2.         A funding provision of $27,651 be made through the 2008 Final Year-End Operating Variance Report, as calculated in Appendix A of the report (May 6, 2009) from the Deputy City Manager and Chief Financial Officer.

The Executive Committee recommends that:

1.         City Council approve the deferred and accelerated cash flows in the amount of $12,750,000 detailed in Table 1 attached to the report (May 7, 2009) from the General Manager, Transportation Services, which will have no net impact on the approved 2009 approved debt.

2.         City Council request the General Manager, Transportation Services, to report back to the Budget Committee as part of the 2010 Capital Budget process, on a revised 10-year capital plan.

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

The Transportation Services Division submitted two reports in 2008 to the Budget Committee recommending the reallocation of anticipated cash flow expenditures from 2008 projects that, for various reasons, needed to be deferred to other projects that were ready to proceed. As with the previous reports, 2009 cash flows are needed to be realigned to other program areas that are ready to proceed.  This involves the deferral of 2009 approved cash flows along with a corresponding acceleration and increase within other Transportation Services Capital Budget items that yield a zero net impact on the approved debt target for 2009.

The impact on project costs resulting from the cash flow reallocations is an increase of $2,750,000 million. An equivalent amount of project costs will either be funded from other sources or there will be an offsetting reduction in future year project costs.  In view of the foregoing, Transportation staff, as part of the upcoming 2010 budget process and consistent with the Divisional submission, has reassessed all ongoing and imminent project cash flows and all available funding sources in order that the increase in project costs will have no net impact on the approved five year debt targets for Transportation Services.

The Executive Committee recommends that:

1.         City Council increase the Toronto Public Health 2009 Approved Operating Budget by $638,728  gross and $0.0 net, and five temporary positions, to reflect confirmed one‑time funding from the Ministry of Health Promotion for the Diabetes Prevention Strategy for the period April – December 2009.

The Executive Committee recommends that:

1.         City Council establish a Home Energy Efficiency Incentive Program:

a.         whereby property owners of low rise residential properties in the City of Toronto will be eligible for a financial grant up to a maximum of $1,000 for a selected set of energy efficiency retrofits; and

b.         that will conclude by March 31, 2012.

2.         City Council authorize the Director of the Toronto Environment Office to sign a Memorandum of Understanding, satisfactory to the City Solicitor, with appropriate officials of Natural Resources Canada to integrate delivery of the recommended Home Energy Efficiency Incentive Program with the ecoENERGY program delivered by Natural Resources Canada.

3.         City Council request the Director of the Toronto Environment Office to report to Council on the establishment and design of a Home Energy Efficiency Incentive Program for low-income homeowners once the Province of Ontario, utility companies and others have articulated what program(s) will be delivered for this group and that up to $2.0 million of the total $9.0 million be allocated for the low-income homeowners.

4.         City Council request the Director of the Toronto Environment Office to report to Council as part of the regular reporting on the progress of the Live Green Toronto initiatives on the outcomes of the program and any proposed changes deemed necessary to improve the performance of the Home Energy Efficiency Incentive Program.

5.         City Council direct that the funds in the Home Energy Loan Reserve Fund be returned to the Strategic Infrastructure Partnership Reserve Fund, the Home Energy Loan Reserve Fund be closed (Attachment 2) and it be deleted from the Municipal Code Chapter 227, Reserves and Reserve Funds and the 2009 - 2013 Approved Capital Budget and Capital Plan for the Sustainable Energy Program be amended to remove the funds in the amount of $9.0 million.

6.         City Council establish and amend Toronto Municipal Code Chapter 227, Reserves and Reserve Fund – by adding a discretionary reserve fund called the ‘Home Energy Assistance Toronto Reserve Fund’ - as set out in Attachment 1 of the report (May 11, 2009) from the Deputy City Manager, Richard Butts and the Deputy City Manager and Chief Financial Officer within Schedule 7 – Corporate Discretionary Reserve Funds as part of the Climate Change Reserve Fund Group to be used to finance sustainable energy retrofit grants and associated administrative costs for single family and small commercial building sectors across the City.

7.         City Council authorize the Deputy City Manager and Chief Financial Officer to transfer funds from the Strategic Infrastructure Partnership Reserve Fund to the Home Energy Assistance Toronto Reserve Fund up to a limit of $9.0 million, consistent with the approved 2009 Capital and Operating Budgets and subsequent budget approvals.

8.         City Council direct that the 2009 Approved Operating Budget of the Toronto Environment Office be increased by $0.500 million for a net $0 increase, funded from Home Energy Assistance Toronto Reserve Fund for the Home Energy Efficiency Incentive Program.

9.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto; and that leave be granted for the introduction of any necessary bills in Council.

The Executive Committee recommends that:

1.         City Council approve an increase in the maximum contracted single stream recycling tonnage to be processed by Canada Fibers Ltd. by an additional 20,000 tonnes to 105,000 tonnes per year at an additional $16.00 per tonne above the current processing rate with CPI adjustments on the new tonnes effective January 1, 2010 and annually thereafter, all net of GST.

2.         City Council approve an increase in the maximum contracted source separated organic tonnage to be hauled and processed by OrgaWorld Canada Ltd. by 25,000 tonnes to 75,000 tonnes per year at a rate reduced by $5.00 per tonne from the current processing rate of $112.50 per tonne to $107.50 per tonne on both the currently committed tonnes and the new tonnes with CPI adjustments effective June 1, 2009 and annually thereafter and no change in the current contracted rate of $17.25 per tonne for haulage, all net of GST.

3.         Subject to the adoption of Recommendation 2, City Council approve a put or pay commitment of 70% of the full 75,000 tonnes until May 31, 2013, provided that OrgaWorld Canada Ltd. is capable of processing the full amount.

4.         Subject to the adoption of Recommendation 2, City Council authorize the General Manager, Solid Waste Management Services, to exercise the two (2) option years from June 1, 2013 to May 31, 2014 and June 1, 2014 to May 31, 2015 with OrgaWorld Canada Ltd. as part of the agreement for increased capacity.

5.         City Council authorize the General Manager, Solid Waste Management Services, to enter into any necessary amending agreements with both Canada Fibers Ltd. and OrgaWorld Canada Ltd. to reflect Recommendations 1, 2, 3 and 4 above, and otherwise on terms and conditions satisfactory to the General Manager, Solid Waste Management Services, and in a form satisfactory to the City Solicitor.

6.         City Council:

a.         extend the existing authority of the General Manager of Solid Waste Management Services to negotiate and enter into amending agreements with the City’s current SSO processing contractors and/or negotiate and enter into agreements with other SSO processing contractors as required to meet the City’s SSO (including SSO digestate) processing needs for terms up to December 31, 2015 on terms and conditions satisfactory to the General Manager, Solid Waste Management Services, and in a form satisfactory to the City Solicitor, provided that the prices do not exceed the increased processing fees identified in Attachment 1 – Confidential Information; and

b.         authorize the General Manager of Solid Waste Management Services to negotiate and enter into amending agreements with the City’s current SSRM processing contractors and/or negotiate and enter into agreements with other SSRM processing contractors as required to meet the City’s SSRM processing needs for terms up to December 31, 2015 on terms and conditions satisfactory to the General Manager, Solid Waste Management Services, and in a form satisfactory to the City Solicitor,  provided that the prices do not exceed the processing fees identified in Attachment 1 – Confidential Information.

7.         City Council amend the 2009 Approved Operating Budget for Solid Waste Management Services by increasing expenditures in Cost Centre SW0751 (MRF: Single Stream - Dufferin) by $1,008,410; by decreasing expenditures in Cost Centre SW0476 (MWPF-DUFFERIN) by $218,750 and by increasing revenue in Cost Centre SW0751 (MRF: Single Stream - Dufferin) by $789,660.

8.         Confidential Attachment 1 to the report (April 21, 2009) from the General Manager, Solid Waste Management Services, remain confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the security of the property of the municipality or local board.

The Executive Committee recommends that:

1.         City Council approve the following adjustments to Toronto Public Health’s 2009 Approved Operating Budget:

a.         a reduction of $307.9 thousand gross and $0.0 net, and an increase of 4 temporary positions to reflect confirmed funding from various Provincial ministries and external sources (Attachment 1, Table 1 of the report dated March 31, 2009 from the Medical Officer of Health); and

b.         an increase of $110.4 thousand gross and $0.0 net, to reflect unspent 2008 funds from Health Canada required in 2009 (Attachment 1, Table 2).

The purpose of this report is to request budget adjustments to Toronto Public Health’s (TPH) 2009 Approved Operating Budget due to the following:

a.         Confirmation of funding from various Provincial ministries and external sources received after the submission of the 2009 Operating Budget request in September 2008; and

b.         Unspent 2008 funds for 100% externally funded programs required in 2009.

The Executive Committee recommends that:

1.         City Council make the following adjustments to Toronto Public Health’s 2009 Approved Operating Budget:

a.         an increase of  $353.7 thousand gross and $0.0 net, and an increase of  ten temporary positions, to reflect confirmed one time funding from the Minister of Health and Long Term Care (MOHLTC) for the Nursing Graduate Guarantee Program (NGG) Phase 3; and

b.         an increase of  $61.3 thousand gross and $0.0 net, and an increase of one temporary position, to reflect confirmed one time funding from the Public Health Agency of Canada (PHAC) for the Enhanced Hepatitis Strain Surveillance System (EHSSS).

2.         City Council delegate authority to the Medical Officer of Health to receive grants from various levels of government and agencies for Toronto Public Health programs covering 100 percent of the program cost.

3.         City Council delegate authority to the Medical Officer of Health to execute agreements when necessary with other governments and agencies for the purpose of accepting grants for Toronto Public Health programs.

4.         The grant agreements referred to in Recommendation 3 be in a form satisfactory to the City Solicitor.

5.         The Medical Officer of Health report to City Council, for information, on the details of grants received, including the organization name, amount and the purpose of the grant as part of the quarterly operating budget variance report.

6.         The authority delegated to the Medical Officer of Health by Recommendations 2 and 3 be subject to the following conditions:

a.         the exercise of the delegated authority is limited to the period of the summer recess, being the period from when Council breaks for the summer until the first agenda closing deadline for the appropriate standing committee following the break;

b.         the acceptance and spending of the grant does not impact the current or future net operating or capital budgets (i.e., $0 net impact on the budget)

c.         the acceptance and spending of the grant does not commit or expose the City to future expenditures, financial risks or obligations;

d.         the grant is for purposes consistent with programs or services that are within the division's service mandate, does not exceed the amount of $500,000 and the specific purpose for which the grant is made is limited to use within the current fiscal year; and

e.         the exercise of the delegated authority in any instance has the approval of the Deputy City Manager and Chief Financial Officer.

7.         The Deputy City Manager and Chief Financial Officer, in consultation with the City Solicitor, determine the conditions under which authority may be delegated to staff to receive and spend grants in accordance with the City of Toronto Act while maintaining transparency and accountability and report back to the Executive Committee by the fall of 2009.

The Executive Committee:

1.         referred the item to the City Manager for consideration and report to the Executive Committee, in conjunction with the process for Council to consider a harmonized zoning by-law.

The Executive Committee recommends that:

1.         City Council authorize appropriate City staff to waive the City fees that would have been otherwise charged to the organizer of the Scotiabank Caribana Festival 2009, the Festival Management Committee(FMC):

a.         rental fee and ferry service fees for Olympic Island on August 2, 2009;

b.         rental fees and staffing costs for Lamport Stadium for use on July 30 and July 31, 2009;

c.         rental fee, staffing and fencing costs and city cleanup for Budapest Park on August 1, 2009;

d.         additional costs associated with city cleanup and fencing needs for Marilyn Bell Park on August 1, 2009.

The Executive Committee requested:

1.         the General Manager, Parks, Forestry and Recreation to bring forward her report on a policy for waiving of fees for community festivals to the October 5, 2009 meeting of the Executive Committee.

The Executive Committee:

1.         referred the Member Motion from Councillor Walker to the Acting Treasurer, with a request that she submit a report to the Executive Committee on how the harmonized tax will impact the City of Toronto; and

2.         requested City staff to begin discussions with Provincial staff on resolving this matter.

The Executive Committee:

1.         referred the Member Motion from Councillor Nunziata to the City Manager for a report to the Executive Committee.

Letter (February 19, 2009) from the General Secretary, Toronto Transit Commission, advising that the Commission at its meeting on  February 18, 2009, forwarded the attached report entitled, “Transit City Light Rail Plan: Status Update for February 2009,” to the Executive Committee for information.

Letter (February 19, 2009) from the General Secretary, Toronto Transit Commission, advising that the Commission at its meeting on February 18, 2009, forwarded the attached report entitled, “Trolley Bus Service Review,” to the Executive Committee for information.

The Executive Committee:

1.         requested City staff to report directly to City Council on the results of discussions with the Toronto District School Board and the Toronto Lands Corporation, and seek any further direction and/or authorization to acquire 1135 Dundas Street West for affordable housing.

The Executive Committee:

1.         referred the item to the Deputy City Manager and Chief Financial Officer for report directly to City Council; and

2.         requested The Board of Directors and the Chief Executive Officer of the Sony Centre for the Performing Arts to report directly to City Council on the status of its real estate transaction.

The Executive Committee recommends that:

1.         City Council amend Recommendation 47 in Attachment 1 of the report (May 6, 2009 from the Deputy City Manager by adding a new section e to read as follows:

“e.        Non-profit and non-profit co-operative housing providers because they provide long term affordability and stability for residents.”

2.         City Council amend Recommendation 48a in Attachment 1 of the report (May 6, 2009) from the Deputy City Manager by adding:

i.          the word “commercial” to the phrase “live/work studios” so that it reads as follows:

“a.        Encouraging the creation of affordable commercial live/work studios to foster the development of Creative Toronto.”

ii.          a new section c to read as follows:

“c.        work with providers of affordable housing to ensure that small non- profit commercial space be created alongside or integrated into new projects to increase business opportunities and renew streams for housing projects and residents.”

3.         City Council endorse "Housing Opportunities Toronto: An Affordable Housing Action Plan 2010 - 2020" as the plan to address Toronto's affordable housing challenges over the next 10 years, including the 67 proposed actions as provided in Attachment 1 of the report (May 6, 2009) from the Deputy City Manager.

4.         City Council direct that a ten-year implementation plan arising from the 67 proposed actions be developed as part of the 2010 Budget process and that any City investment be subject to Council approval and the annual capital and operating budget processes.

5.         City Council direct the Deputy City Manager to forward “Housing Opportunities Toronto: An Affordable Housing Action Plan 2010 – 2020” to the Ontario Ministry of Municipal Affairs and Housing as Toronto’s contribution to the creation of a provincial long- term housing strategy; and.

6.         City Council direct the Deputy City Manager to forward “Housing Opportunities Toronto: An Affordable Housing Action Plan 2010 – 2020” to the Minister of Human Resources and Skills Development, other Ontario municipalities, the Federation of Canadian Municipalities, the Canadian Housing and Renewal Association and the Association of Municipalities of Ontario, to inform local housing strategies and advocacy efforts, including influencing provincial and federal action on affordable housing.

The Executive Committee forwarded the Operating Variance Report for Four-month Period Ended April 30, 2009 to Budget Committee for its consideration.

The purpose of this report is to provide City Council with the City of Toronto Operating Variance for the four-month period ended April 30, 2009 and to obtain Council’s approval for amendments to the 2009 Council Approved Operating Budget with no change to the Net Operating Budget.

At the end of the four-month period ended April 30, 2009, actual net expenditures were over-budget by $5.018 million or 0.6 per cent of the 2009 Net Operating Budget for that period.  Projections to year-end indicate that the 2009 Council Approved Net Operating Budget may be over-spent by $1.857 million or 0.1 per cent.  Analysis indicates that the unfavourable year-to-date variance is primarily driven by the impact of the ongoing recession on key non-tax revenues.  Staff will continue to monitor the impacts of the recession closely and take action as appropriate.

The Executive Committee recommends that:

1.         City Council receive the letter (April 14, 2009) from Councillor Jenkins for information.

The Executive Committee recommends that:

1.         City Council approve of the Board of Governors of Exhibition Place entering in an agreement with Clarity Outdoor Media Inc on the terms and conditions outlined in the report (May 26, 2009) from the Chief Executive Officer, Exhibition Place and the Confidential Attachment I and such other terms and conditions as may be satisfactory to the Chief Executive Officer of the Board and the City Solicitor;

2.         City Council direct that the confidential information in Attachment 1 not be released publicly in order to protect the competitive position and the future economic interests of Exhibition Place; and

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