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:

 

1.         A ppoint the Deputy City Manager for Cluster A or her designate as the City’s proxy for the purposes of the 2009 annual shareholder meeting of the Toronto Community Housing Corporation to be held on October 16, 2009 and any adjournment thereof and direct the proxy holder to attend same and vote as follows:

 

a.         approve the minutes of the previous Annual General Meeting held on October 24, 2008 (Attachment 3 to this report);

 

b.         receive the 2008 annual audited financial statements of the Corporation for the period ended December 31, 2008, together with the auditor’s report thereon (included in Attachment 2 to this report);

 

c.         reappoint Ernst & Young LLP, Chartered Accountants, as the Corporation’s auditors until the next annual general meeting; and

 

d.         use her or his discretion to vote on such other matters as may properly on the agenda of the Meeting or any adjournment thereof.

 

2.         Authorize and direct the Deputy City Manager and Chief Financial Officer and the City Clerk to execute on behalf of the City the common share proxy substantially in the form of Attachment 1 to this report.

 

3.         Receive Toronto Community Housing Corporation’s 2008 Annual Report (included as Attachment 2 to this report) comprising the letter from the Corporation’s Acting Chief Executive Officer dated August 13, 2009 and related attachments.

 

Pursuant to the Ontario Business Corporations Act, Toronto Community Housing Corporation (TCHC) is required to hold an annual general meeting. TCHC plans to hold its Annual General Meeting outside of a City Council meeting. For this meeting to take place, the City, as TCHC’s sole shareholder, must appoint and provide direction to a proxy holder to act on its behalf at the meeting.

The Executive Committee recommends that:

 

1.         Council appoint the City Manager or his designate as the City’s proxy holder to attend and vote the City’s common shares of Enwave Energy Corporation  at the annual shareholders’ meeting to be held on October 4, 2009, or any adjournment of that meeting and direct that the necessary proxy be executed.

 

2.         Council adopt the recommendation of the Corporations Nominating Panel dated August 12, 2009 forming Attachment 3 to this report as follows:

 

“City Council nominate the two persons listed in Confidential Appendix 1 to this report [Attachment 3] for election at Enwave’s 2009 annual shareholders’ meeting to the Board of Directors of Enwave Energy Corporation and the individual indicated to serve as Chair of the Board, to serve at the pleasure of Council for a term commencing on the date of the 2009 annual shareholders’ meeting and ending on the date of the third annual shareholders’ meeting held after the 2009 annual shareholders’ meeting in 2012, or until their successors are elected or appointed”.

 

3.         T he proxy holder be directed to vote the City’s shares as follows at the annual  shareholders’ meeting of Enwave Energy Corporation:

 

a.         approve the minutes of the 2008 Annual Meeting held on July 7, 2008;

 

b.         receive the annual financial statements of the Corporation for the fiscal year ended October 31, 2008 together with the auditor’s report on those statements;

 

c.         receive the unaudited financial statements of the Corporation for the second quarter ended April 30, 2009;

 

d.         reappoint Ernst & Young LLP, Chartered Accountants as the Corporation’s auditors, and authorize the directors of Enwave to fix the auditors’ remuneration;

 

e.         elect as directors of the Enwave Board:

 

i.          the Mayor;

 

ii.          the two individuals recommended by the Corporations Nominating Panel identified in Confidential Appendix 1 to Attachment 3 to this report; and

 

iii.      the three individuals nominated by BPC Penco identified in Confidential Appendix A of Attachment 1 to this report;

 

f.          appoint as the Chair of the Enwave Board the individual identified in Confidential Appendix 1 to Attachment 3 to this report; and

 

g.         transact such other business as may properly come before the annual shareholders’ meeting or any adjournment of the meeting.

 

4.         T he names and credentials of the nominees from both BPC Penco and the City be made public following City Council’s approval.

 

5.         T he contents of Confidential Attachment 4 to this report be kept in their entirety confidential after the consideration of this report by Council except as routinely disclosed in the “Government Business Enterprises” section of the City’s Consolidated Financial Statements.

 

 

The Executive Committee recommends to City Council that:

 

1.         a.         the City renew the line of credit guarantee on behalf of the Canadian Stage Company (CanStage) to its financial institution in the amount of $800,000.00 (inclusive of all interest payable by CanStage), commencing on November 1, 2009 and ending on October 31, 2012;

 

b.         the City extend the agreement with CanStage with respect to the line of credit guarantee; and

 

c.        the City extend the tri-party agreement with CanStage and with its financial institution with respect to the line of credit guarantee.

 

2.         Such guarantee and all related agreements be on terms and conditions satisfactory to the City Solicitor, the Deputy City Manager and Chief Financial Officer as well as Deputy City Manager Sue Corke, and that the Deputy City Manager and Chief Financial Officer be requested to negotiate appropriate and adequate safeguards, to the satisfaction of the City Solicitor, with the City being promptly advised in the event of default or delay in the payment of interest.

 

3.         The City retain the right to withhold a portion of outstanding grants that the City may provide to the Canadian Stage Company during the term of the guarantee to pay off the line of credit if it is not retired or renegotiated by October 31, 2012.

 

4.         The Canadian Stage Company provide the Deputy City Manager and Chief Financial Officer with their annual audited financial statements for the years 2009 to 2012 when they become available.

 

5.         The guarantee be deemed to be in the interest of the City.

 

6.         The appropriate officials be authorized to take the necessary action to give effect thereto.

 

The Executive Committee  recommends to City Council that:

 

1.         The Mayor and the Deputy City Manager and Chief Financial Officer be authorized to execute the Letter of Agreement under the Ontario Bus Replacement Program (OBRP) between the City of Toronto and Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario, generally in accordance with the terms set out in Appendix A, and to the satisfaction of the Deputy City Manager and Chief Financial Officer and the City Solicitor.

 

2.         The appropriate officials be authorized and directed to take necessary actions to give effect thereto.

 

Under the Municipal Elections Act, 1996, Council has the authority to enact by-laws to authorize a contribution rebate program, the prohibition of corporate and trade union contributions and the electronic filing of candidate financial statements.  These are all permissive by-laws.

 

Should Council decide to implement a rebate program for the 2010 election, it is recommended that the program parameters be the same as those for the 2006 election with the exceptions that all campaign surpluses required to be paid to the Clerk by a candidate for office on Toronto City Council will become the property of the City and the rebate application deadline will be extended to June 29, 2012.

 

It is recommended that the by-laws prohibiting corporate and trade union contributions and the electronic filing of candidate financial statements apply to all regular municipal elections and by-elections, not just the 2010 election.

 

This report recommends the establishment of a compliance audit committee composed of three members for the 2010 municipal election.

 

Under section 81 of the Municipal Elections Act, 1996, Council may choose to either consider compliance audit applications itself or establish a committee for this purpose.  For both the 2003 and 2006 elections Council established a compliance audit committee to consider applications for a compliance audit of candidate financial statements.  All of Council’s powers and functions under section 81 of the Municipal Elections Act, 1996 were delegated to the committee.

 

A targeted search strategy will be undertaken to attract qualified individuals.  A listing of recommended individuals will be submitted for Council’s consideration through the Executive Committee in early 2010.  Each appointee to the compliance audit committee will receive the per diem established by Council for attendance at meetings (currently $350).

 

The Executive Committee recommends that:

 

1.         City Council approve the 2009 Operating Budget Adjustments related to service and program re-alignments for Solid Waste Management Services, Technical Services, and Parks, Forestry and Recreation Division as detailed in Appendix D of the report (May 27, 2009) from the Deputy City Manager and Chief Financial Officer.

 

 

The Executive Committee recommends that:

 

1.         City Council approve additional budget and project costs in the amount of $345,000 for the City Project CTT010, Cumberland Entrance to Bay Station, bringing the total to $1,200,000 to be accommodated by corresponding reduction in the City Project CTT110, Station Improvements Program.

 

 

At its meeting on Thursday July 9, 2009 the Commission considered the attached report entitled, “Project Authority Increase – Cumberland Entrance to Bay Station Improvements – Contract D1-5”.

 

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

 

It is recommended that the Commission:

 

1.         Approve an increased project cost of $345,000 for the Cumberland Entrance to Bay Station project for a total estimated final cost of $1,200,000.

 

2.         Forward this report to the City via the City Budget Committee requesting additional budget and project cost approval in the amount of $345,000 for the City Project CTT010, Cumberland Entrance to Bay Station, bringing the total to $1,200,000 to be accommodated by corresponding reduction in the City Project CTT110, Station Improvements Programs.

 

The foregoing is forwarded to the City Budget Committee for consideration of the Commission’s request embodied in Recommendation No. 2 above.

The Executive Committee recommends to City Council that:

 

1.         The 2009-2013 Approved Capital Budget and Plan be increased by $134.5 million gross, to continue work on the priority Transit City lines, with $125.8 million gross to be funded by the Province through Metrolinx and the balance of $8.7 million for environmental assessments for other Transit City lines to be funded through offsets within the TTC's2009 Approved Capital Budget, and report back to the Budget Committee on the offsets.

 

2.         The City Manager be authorized to enter into a Memorandum of Agreement on behalf of the City, with Metrolinx and the TTC, wherein Metrolinx will provide interim funding for the implementation of components of the Sheppard East LRT, Finch West LRT, Eglinton Crosstown LRT, and Scarborough RT transit projects.

 

At its meeting on Thursday July 9, 2009 the Commission considered the attached report entitled, “Transit City Funding Request”.

 

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

 

It is recommended that the Commission:

 

1.         request the City of Toronto to approve Capital funding of $134.5 million for Transit City forecast expenditures and commitments to the end of 2009 to continue the planning, design, property acquisition, contract commitments and construction of the Sheppard East LRT, Eglinton Crosstown LRT, Finch West LRT and Scarborough RT projects;

 

2.         direct that a copy of this report be provided to Metrolinx and the Ministry of Transportation.

 

The foregoing is forwarded to the City Budget Committee for consideration of the Commission’s request embodied in Recommendation No. 1 above.

 

 

The following motion lost on a tie vote at the City Budget Committee meeting of August 25, 2009:

 

"That the Budget Committee recommend to the Executive Committee that City Council approve the following:

 

1.         That the 2009-2013 Approved Capital Budget and Plan be increased by $134.5 million gross, to continue work on the priority Transit City Lines, with $125.8 million gross to be funded by the Province through Metrolinx and the balance of $8.7 million for environmental assessments for other Transit City lines to be funded through offsets within the TTC's 2009 Approved Capital Budget.

 

2.         That the TTC report to the September 8, 2009 Executive Committee meeting on $8.7 million in offsets in 2009 for the environment assessments."

 

Discussions with senior staff at the Ministry of Transportation of Ontario confirm that at the point the Province commits to the funding for other Transit City lines, the costs incurred associated with the environmental assessment work will be considered an eligible expense for funding purposes.

 

In response to the second part of the defeated motion, TTC staff offer the following:  (1) current year-end projects of capital expenditures on the 2009 Capital Budget suggest it will be underspent by about $60 million after accounting for a carry forward of 2008 expenditure shippages and (2) the TTC will report out as part of its 2010-2014 Capital Budget submission on how it will attempt to accommodate the $8.7 million for completing EA work on phase 2 Transit City projects, should the province not fund those expenditures.

The Executive Committee recommends to City Council that:

 

1.         City Council acknowledge and direct the Film Commissioner to write a letter of thanks to the Government of Ontario for its swift and decisive action in response to the recent "all spend" announcement by the Province of Quebec and indicate that Council recognizes that the introduction of the enhanced credit, which includes the rental of studio space, will help to secure the screen-based industries in Toronto and Ontario.

 

2.         The Province of Ontario be requested to work with the Toronto Film Board and Film Ontario to devise a mechanism to provide financial support for the development of sound stages to augment the existing stage infrastructure.

 

3.         The Federal and Provincial governments be requested to transfer agreed funding to filmmakers immediately upon final cut completion of the subject film, similar to the system in operation in the U.S. cities, Chicago and Detroit, so bank interest is not paid needlessly by a film's financial backer.

The Film Board had before it at its last meeting a letter addressed to Mayor Miller from the Directors Guild dated February 12, 2009.  On behalf of the local industry it asked for the full support of the Board in an approach to the Premier and cabinet to address the issue of competitiveness of Toronto in the face of a Regional Bonus. Three options were presented: the idea of creating a 5% Studio Bonus; a change in the boundaries which delineate the applicable area eligible for a bonus; and a change in the threshold amount of work required to be done in the region to qualify for a bonus. The Mayor led a discussion at the Board and while the Mayor was asked to not delay in finding an opportunity to raise the regional bonus with the Premier, it was also noted that the request of the Province needed to be more developed including information on the requisite cost of any proposal.  Further discussions and work has been undertaken by a Working Group on Regional Incentives and is reported below. 

 

In summary, the working group recommends that the City of Toronto and screen-based industries in the GTA focus the initial request and ask the Province to implement a 5% Studio Bonus for qualified film production facilities.  A similar incentive has proven very successful in New York, and resulted in a significant increase in screen-based production at local studios.  They believe this additional incentive would make Toronto as competitive as the rest of Ontario has become by way of the regional bonus and more so to the foreign producer.  Resulting in more jobs created and more investment in the GTA and thus meeting the business development and job creation objectives of the Provincial Government.  

 

The investigation leading to this proposal recognized the need to drive additional business to the existing studios and thus enhance the work of the whole region. It also rekindled the awareness of the growing decline in the number of sound stages both those that are retrofitted and the raw warehouse spaces that have served as intermittent studios.  The net amount of stage space lost in the past 5 years, approaches 400,000 square feet.  A crisis is in the making if such infrastructure is not replaced in the very near future.

 

Recent experience in Ontario, across the country and around the world has shown that the construction of new studio space or the retrofit of industrial space requires public sector assistance.  Examples include studios in Vancouver, New York City, New Mexico and the recently announced Michigan plan.  A second proposal, recognizing the essential role of government, emerged from the working group which recommends that the City and industry work with the Province to develop a mechanism that would create the environment for public private partnerships to build new or retrofit existing industrial space in the GTA for studio use.

           

 

The Executive Committee recommends  to City Council that:

 

1.         The City of Toronto acknowledges the premise that the statistics generated by the 2006 Census under estimates the true Aboriginal population in Toronto.

 

2.         City Council endorse and support the work of the Toronto Aboriginal Population Project in attaining a more accurate statistical representation of the Aboriginal population in Toronto.

 

The Aboriginal Affairs Committee on May 20, 2009 further considered the presentation from Alan Meisner, Planning Analyst, Social Development, Finance and Administration on the Aboriginal Persons Demographic Snapshot for 2006, and the Census Highlights which was heard at its meeting held on February 12, 2009.

The Executive Committee submits to City Council without recommendation, the report (August 26, 2009) from the Affordable Housing Committee and the report (August 12, 2009) from Deputy City Manager Sue Corke and Director, Purchasing and Materials Management respecting New Affordable Housing Program Opportunities.

The Executive Committee requested:

 

1.         Deputy City Manager Sue Corke and the Director of Purchasing and Materials Management to report directly to City Council, at its meeting to be held on September 30 and October 1, 2009, with the list of recommended projects in the report (August 12, 2009) titled “New Affordable Housing Program Opportunities”, upon completion of the Request for Proposals for Affordable Housing process.

 

2.         The Director, Affordable Housing Office to continue to work with the Ministry of Municipal Affairs and Housing to facilitate the ongoing delivery of the Affordable Housing Program Extension Home Ownership Component to support first time buyers access home ownership opportunities through partnerships with Habitat for Humanity Toronto, Toronto Community Housing’s Regent Park Revitalization, Home Ownership Alternatives, and Toronto Artscape.

 

The Executive Committee recommends to City Council that:

 

1.         The amendment to By-law No. 45-84 of the former Municipality of Metropolitan Toronto, respecting the regulation of traffic in Exhibition Place, to replace the current offence provision with an updated provision as substantially set out in Attachment 1 to this report be approved.

 

2.         Following approval by City of Toronto Council, the City Solicitor make application to the Ministry of the Attorney-General for the approval of set fines for offences under the amended By-law No. 45-84.

 

3.         The appropriate Board and City Officials be authorized and directed to take the necessary action to give effect thereto.

 

 

The Executive Committee:

 

1.         Noted that Recommendation 1 contained in the report (August 26, 2009) from the Chief Executive Officer, Exhibition Place, entitled "Capital Loan and Grant from the Federation of Canadian Municipalities for the Allstream Centre at Exhibition Place" is not needed given that City Council at its meeting held on June 18, and 19, 2002, in its adoption of Notice of Motion J17, from Councillor Layton, seconded by Councillor Berardinetti, entitled "Authority to Enter into Agreements with the Federationof Canadian Municipalities Respecting the Green Municipal Funds"., delegated authority to City officials to enter into loan and grant agreements with FCM in respect of the Green Municipal Fund loans.

 

2.         Referred Recommendation 2 contained in the aforementioned report to the Debenture Committee that was recently established by City Council at its meeting held on August 5 and 6, 2009, in its adoption, as amended, of Item EX33.13, entitled "Delegation of Council's Debenture By-law Enacting Authority", whereby Council delegated authority to the Debenture Committee to approve debenture issuances and enact the necessary borrowing by-laws.

Moving beyond the City of Toronto’s six week employee labour disruption, City Council must learn from the mistakes and successes of the strike experience. Most importantly, City Council needs to find a way to prevent this kind of disruption to our city from occurring ever again. One way would be to request the Province of Ontario to deem "essential" the services most integral to the operation of the City, such as Emergency Medical Services (EMS). This would require a simple change in Ontario’s labour-relations legislation.

 

The all too recent strike action has upset summer plans for everyone, especially families who rely on city-run daycares and day programs; even the water was off in the children’s splashpads in the parks. Families have had to find a private solution to the failure of their basic public service; many are still waiting for refunds for the cancelled programs that were to start a week after the strike action started. Life only happens once and a labour disruption should not be able to negatively affect so many who have no say in the labour negotiations.

 

Residents had to deal with their garbage before the rats got it and some tenants had to deal with rats in garbage heaps behind their apartments. Businesses lost business and the construction industry was halted due to the lack of City-issued work-permits. Public health was compromised by the lack of personnel in terms of everyday response to everyday health problems, the impossible task of monitoring the toxicity of the temporary neighbourhood dumpsites, as well Toronto’s long-term health is now jeopardized by a lack of preparedness for the coming “Swine Flu” H1N1 virus pandemic. Emergency Medical Services’ ambulance service was even reduced by workers involved with this strike; when ambulance response times drop by 20% people die, and sadly, they did.

 

Never again can City Council allow this to happen to Toronto. There is too much at stake. We must speak up and ask the Province to make integral City-services essential under Ontario’s labour legislation so failed contract settlement negotiations never impact Torontonians this way again.

 

(Submitted to City Council on August 5, 2009 as MM38.11)

 

 

Moving beyond the City of Toronto’s six week employee labour disruption, City Council must learn from the mistakes and successes of the strike experience. Most importantly, City Council needs to find a way to prevent this kind of disruption to our city from occurring ever again. One way would be to request the Province of Ontario to deem “essential” the services most integral to the operation of the City, such as garbage collection for homes, businesses and public spaces. This would require a simple change in Ontario’s labour-relations legislation.

 

The all too recent strike action has upset summer plans for everyone, especially families who rely on city-run daycares and day programs; even the water was off in the children’s splashpads in the parks. Families have had to find a private solution to the failure of their basic public service; many are still waiting for refunds for the cancelled programs that were to start a week after the strike action started. Life only happens once and a labour disruption should not be able to negatively affect so many who have no say in the labour negotiations.

 

Residents had to deal with their garbage before the rats got it and some tenants had to deal with rats in garbage heaps behind their apartments. Businesses lost business and the construction industry was halted due to the lack of City-issued work-permits. Public health was compromised by the lack of personnel in terms of everyday response to everyday health problems, the impossible task of monitoring the toxicity of the temporary neighbourhood dumpsites, as well Toronto’s long-term health is now jeopardized by a lack of preparedness for the coming “Swine Flu” H1N1 virus pandemic. Emergency ambulance service was even reduced by workers involved with this strike; when ambulance response times drop by 20% people die, and sadly, they did.

 

Never again can City Council allow this to happen to Toronto. There is too much at stake. We must speak up and ask the Province to make integral City-services essential under Ontario's labour legislation so failed contract settlement negotiations never impact Torontonians this way again.

 

(Submitted to City Council on August 5, 2009 as MM38.10)