City Council on April 29 and 30, 2009, adopted the following:

 

1.         City Council adopt the Policy Framework as summarized in Appendix 1 of the report.

 

2.                  The policy provisions related to fixed term, appointment, renewal and removal from office, and remuneration, come into effect for future accountability officer appointments, except where these provisions are already contractually in place for current permanent incumbents.

 

3.         City Council establish a new Toronto Municipal Code Chapter for the accountability officers, reflecting the substance of provisions described in sections 2C and 2D and summarized in Appendix 1 of this report.

 

4.         City Council move Article VI, Auditor General and Article XIII Ombudsperson from Municipal Code Chapter 169, City Officials, to the new Municipal Code Chapter, renaming Article XIII, Ombudsman, for consistency with the wording of the City of Toronto Act, 2006.

 

5.         City Council repeal § 140-33A. and B (8) and (10) of Municipal Code Chapter 140, Lobbying, and replace them with the provisions described in section 2D of this report and summarized in Appendix 1.

 

6.         City Council amend § 27-99 of Municipal Code Chapter 27, Council Procedures, to provide for a 2/3 vote of all Members of City Council respecting the appointment and removal of the accountability officers, and amend § 27-62B to enable the accountability officers to submit reports directly to City Council in accordance with the provisions outlined in section 5 of Appendix 1.

 

7.         City Council amend § 169-5 of Municipal Code Chapter 169, City Officials, to provide that the City Manager does not appoint, promote, demote, suspend and dismiss the officials named in Part V of the City of Toronto Act, 2006 or their staff; and amend § 169-7 to provide that the City Manager shall not recommend the appointment and dismissal to City Council of the officials named in Part V of the City of Toronto Act, 2006.

 

8.         City Council amend Municipal Code Chapter 217, Corporate Records, by adding the words “Integrity Commissioner, Lobbyist Registrar, Ombudsman,” after the word  “Solicitor” in Subsection (2) of the definition of Division Head in § 217-4A.

 

9.         City Council authorize the City Solicitor to prepare and introduce in Council any bills required to enact the Policy Framework, generally in accordance with the report recommendations and policy provisions described in sections 2C and 2D of this report and summarized in Appendix 1.

 

10.       City Council request the accountability officers, in consultation with the City Manager and City Solicitor, to develop a Conflict of Interest Policy and Code of Conduct for the accountability officers and their staff, for Council’s approval by the end of 2009; and require that the City’s Conflict of Interest Policy continue to apply until such time as a Conflict of Interest Policy and Code of Conduct for the accountability officers and their staff is approved by Council.

 

11.       City Council authorize the City Manager, in consultation with the City Solicitor, to develop standard terms of employment for Toronto’s accountability officers consistent with the provisions outlined in section 2D of this report and summarized in Appendix 1, to give effect to Council’s decisions respecting future appointments of its accountability officers.

 

12.       City Council authorize the City Manager, in consultation with the City Solicitor, to bring forward amendments to Council-approved policies as required in order to implement the Policy Framework.

 

13.       City Council authorize the City Manager and Deputy City Manager and Chief Financial Officer, in consultation with the accountability officers, to review and research best practices respecting setting aside a percentage of the City’s budget for Toronto’s accountability functions and report back to Executive Committee. 

 

14.       City Council request the Accountability Officers to inform Council of the requirements, contents and timing of their annual reports.

The Executive Committee recommends that:

 

1.         City Council adopt the Policy Framework as summarized in Appendix 1 of the report.

 

2.                  The policy provisions related to fixed term, appointment, renewal and removal from office, and remuneration, come into effect for future accountability officer appointments, except where these provisions are already contractually in place for current permanent incumbents.

 

3.         City Council establish a new Toronto Municipal Code Chapter for the accountability officers, reflecting the substance of provisions described in sections 2C and 2D and summarized in Appendix 1 of this report.

 

4.         City Council move Article VI, Auditor General and Article XIII Ombudsperson from Municipal Code Chapter 169, City Officials, to the new Municipal Code Chapter, renaming Article XIII, Ombudsman, for consistency with the wording of the City of Toronto Act, 2006.

 

5.         City Council repeal § 140-33A. and B (8) and (10) of Municipal Code Chapter 140, Lobbying, and replace them with the provisions described in section 2D of this report and summarized in Appendix 1.

 

6.         City Council amend § 27-99 of Municipal Code Chapter 27, Council Procedures, to provide for a 2/3 vote of all Members of City Council respecting the appointment and removal of the accountability officers, and amend § 27-62B to enable the accountability officers to submit reports directly to City Council in accordance with the provisions outlined in section 5 of Appendix 1.

 

7.         City Council amend § 169-5 of Municipal Code Chapter 169, City Officials, to provide that the City Manager does not appoint, promote, demote, suspend and dismiss the officials named in Part V of the City of Toronto Act, 2006 or their staff; and amend § 169-7 to provide that the City Manager shall not recommend the appointment and dismissal to City Council of the officials named in Part V of the City of Toronto Act, 2006.

 

8.         City Council amend Municipal Code Chapter 217, Corporate Records, by adding the words “Integrity Commissioner, Lobbyist Registrar, Ombudsman,” after the word  “Solicitor” in Subsection (2) of the definition of Division Head in § 217-4A.

 

9.         City Council authorize the City Solicitor to prepare and introduce in Council any bills required to enact the Policy Framework, generally in accordance with the report recommendations and policy provisions described in sections 2C and 2D of this report and summarized in Appendix 1.

 

10.       City Council request the accountability officers, in consultation with the City Manager and City Solicitor, to develop a Conflict of Interest Policy and Code of Conduct for the accountability officers and their staff, for Council’s approval by the end of 2009; and require that the City’s Conflict of Interest Policy continue to apply until such time as a Conflict of Interest Policy and Code of Conduct for the accountability officers and their staff is approved by Council.

 

11.       City Council authorize the City Manager, in consultation with the City Solicitor, to develop standard terms of employment for Toronto’s accountability officers consistent with the provisions outlined in section 2D of this report and summarized in Appendix 1, to give effect to Council’s decisions respecting future appointments of its accountability officers.

 

12.       City Council authorize the City Manager, in consultation with the City Solicitor, to bring forward amendments to Council-approved policies as required in order to implement the Policy Framework.

 

13.       City Council authorize the City Manager and Deputy City Manager and Chief Financial Officer, in consultation with the accountability officers, to review and research best practices respecting setting aside a percentage of the City’s budget for Toronto’s accountability functions and report back to Executive Committee.

 

The Executive Committee:

 

1.         held a public meeting on April 7, 2009, and notice was given in accordance with the Toronto Municipal Code, Chapter 27 - Council Procedures;

 

2.         referred the following motion 2 by Councillor Mihevc to the City Manager for a possible report directly to City Council should the City Manager have any recommended changes to the Policy Framework, and should he deem it necessary after further consultation with the Accountability Officers:

 

“2.        The Integrity Commissioner, Lobbyist Registrar, Ombudsman and Auditor General each be requested to submit a report directly to City Council for its meeting on April 29, 2009 providing any additional policy framework matters that Council may wish to consider.”

 

3.         requested the City Manager to report directly to City Council on the following:

 

- analysis of the issue of “cause”

- outline of the City of Montreal’s accountability system.

 

Lynda Taschereau, Manager, Corporate Policy and Fiona Murray, Senior Corporate Management and Policy Advisor, gave a presentation to the Executive Committee regarding a Policy Framework for Toronto’s Accountability Officers.

 

City Council on April 29 and 30, 2009, adopted the following:

 

1.         City Council authorize the execution of an agreement with the Corporation of the City of St. Thomas, on terms described in Attachment “A” of the report, during the time period and at the price set out in Attachment “A” and otherwise on terms and conditions satisfactory to the General Manager of Solid Waste Management Services and in a form satisfactory to the City Solicitor.

 

2.         City Council authorize the execution of an agreement with the Corporation of the County of Elgin, on terms described in Attachment “B” of the report, during the time period and at the price set out in Attachment “B” and otherwise on terms and conditions satisfactory to the General Manager of Solid Waste Management Services and in a form satisfactory to the City Solicitor. 

The Executive Committee recommends that:

 

1.         City Council authorize the execution of an agreement with the Corporation of the City of St. Thomas, on terms described in Attachment “A” of the report, during the time period and at the price set out in Attachment “A” and otherwise on terms and conditions satisfactory to the General Manager of Solid Waste Management Services and in a form satisfactory to the City Solicitor.

 

2.         City Council authorize the execution of an agreement with the Corporation of the County of Elgin, on terms described in Attachment “B” of the report, during the time period and at the price set out in Attachment “B” and otherwise on terms and conditions satisfactory to the General Manager of Solid Waste Management Services and in a form satisfactory to the City Solicitor.

 

City Council on April 29 and 30, 2009, adopted the following:

 

1.         City Council approve an amendment to the 10-Year Capital Plan and Forecast for Solid Waste Management Services as indicated in Appendix A of the report.

 

2.         New commitments totalling $7.5 million including $0.5 million in 2009 and $7.0 million in 2010, funded from the Waste Management Reserve Fund, be approved to advance cell development at Green Lane (Capital Account CSW007-05-05 - Cell Excavation & Base Construction). 

The Executive Committee recommends that:

 

1.         City Council approve an amendment to the 10-Year Capital Plan and Forecast for Solid Waste Management Services as indicated in Appendix A of the report.

 

2.         Subject to the adoption of Recommendation 1, new commitments totalling $7.5 million including $0.5 million in 2009 and $7.0 million in 2010, funded from the Waste Management Reserve Fund, be approved to advance cell development at Green Lane(Capital Account CSW007-05-05 - Cell Excavation & Base Construction).

 

City Council on April 29 and 30, 2009, adopted the following:

 

1.         a.         The City provide, to Lorraine Kimsa Theatre for Young People (LKTYP) financial institution, a further guarantee of LKTYP’s line of credit in the amount of $250,000.00 (inclusive of all interest costs payable by LKTYP), for a term commencing on May 1, 2009 until December 31, 2012.

 

b.         In accordance with the City’s Capital Loan and Line of Credit Guarantee Policy, the City enter into an agreement with LKTYP, and a tri-party agreement with both LKTYP and its financial institution, in respect of the recommended 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 the General Manager, Economic Development, Culture and  Tourism, 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.

 

3.         LKTYP provide the Deputy City Manager and Chief Financial Officer with their 2009 to 2011 inclusive audited financial statements when they become available.

 

4.         The line of credit guarantee be deemed to be in the interest of the municipality. 

This report seeks Council approval for the City to renew a line of credit guarantee for the Lorraine Kimsa Theatre for Young People (LKTYP, formerly Young People’s Theatre), in the amount of $250,000.00.

City Council on April 29 and 30, 2009, adopted the following:

 

1.         The City enter into a grant and loan agreement with Artscape to provide grant and loan funds to be received from FCM for the purposes of financing the eligible project costs of the Artscape Wychwood Barns project (the “Project”) upon the terms and conditions detailed in the attached letter and application documentation.

 

2.         The agreement be on terms and conditions satisfactory to the City Solicitor, the Deputy City Manager and Chief Financial Officer, the General Manager, Economic Development, Culture and Tourism 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.         City Council authorize the Deputy City Manager and Chief Financial Officer to sign an affidavit in favour of FCM, satisfactory in form and content to the City Solicitor, confirming that the funds were used for the Project.

 

4.         Release of the funds to Artscape be conditional upon Artscape providing an affidavit to the City, confirming that the funds were used for the Project.

 

5.         Once Artscape has provided the affidavit and signed the agreement with the City, the Chief Financial Officer be authorized to pay Artscape the full amount of the grant and loan as and when received from FCM.

 

6.         The City retain the right to withhold a portion of outstanding grants that the City may provide to Artscape over the term of the loan if it is not retired or renegotiated by the maturity date.

 

7.         The FCM loan be deemed to be in the interest of the municipality.  

 

8.         City Council request the Deputy City Manager and Chief Financial Officer to submit an updated report to the Executive Committee on:

 

            a.         all costs and in-kind grants and/or the forgiveness of charges and costs, for the entire Artscape Wychwood Barns project; and

 

            b.         a benefit analysis, including the project's contributions to the local community.

The Executive Committee recommends that City Council approve the following:

 

1.         The City enter into a grant and loan agreement with Artscape to provide grant and loan funds to be received from FCM for the purposes of financing the eligible project costs of the Artscape Wychwood Barns project (the “Project”) upon the terms and conditions detailed in the attached letter and application documentation.

 

2.         The agreement be on terms and conditions satisfactory to the City Solicitor, the Deputy City Manager and Chief Financial Officer, the General Manager, Economic Development, Culture and Tourism 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 Chief Financial Officer be authorized to sign an affidavit in favour of FCM, satisfactory in form and content to the City Solicitor, confirming that the funds were used for the Project.

 

4.         Release of the funds to Artscape be conditional upon Artscape providing an affidavit to the City, confirming that the funds were used for the Project.

 

5.         Once Artscape has provided the affidavit and signed the agreement with the City, the Chief Financial Officer be authorized to pay Artscape the full amount of the grant and loan as and when received from FCM.

 

6.         The City retain the right to withhold a portion of outstanding grants that the City may provide to Artscape over the term of the loan if it is not retired or renegotiated by the maturity date.

 

7.         The FCM loan be deemed to be in the interest of the municipality.

 

 

City Council on April 29 and 30, 2009, adopted the following:

 

1.         City Council approve payment of the tax-supported sinking fund surplus of $3,400,591.19 as declared by the Sinking Fund Committee and that these funds be applied to the City’s capital financing requirements.

 

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

City Council on April 29 and 30, 2009, adopted the following:

 

1.         City Council approve the budget and technical adjustments to its 2008 Approved Capital Budget as detailed in Appendix 2 of the report.

 

2.         City Council request the Deputy City Manager and Chief Financial Officer to report back to the Budget Committee on any changes to the City of Toronto’s 2008 year-end financial position after the 2008 financial statements are finalized. 

The purpose of this report is to provide the City of Toronto Preliminary Capital Variance Report for the year ended December 31, 2008, and to request Council’s approval for budget adjustments which reallocate funds between projects with no incremental impact on its 2008 Approved Capital Budget.  A report with any changes to the Preliminary year-end financial position will be submitted to Council following the completion of the external audit of the City’s accounts and financial statements, if necessary.

 

Capital expenditures for the year ended December 31, 2008 totalled $1.753 billion or 69.8% of the Approved Capital Budget of $2.511 billion.   The under-spending is primarily attributed to the inability to find or secure suitable sites in accordance with planned timeframes; the need to revise design plans; delays in securing funds from cost-sharing partners; unanticipated delays in construction start-up and deferral of work; unanticipated legal and environmental issues; challenges in hiring qualified staff; and delays in the delivery of equipment from manufacturers. In addition, several projects were completed under-budget. Unspent funds for incomplete projects will be carried forward to 2009 on an as required basis, in accordance with the City’s Carry Forward Policy.

 

Capital expenditures for Tax Supported Programs for the year ended December 31, 2008 totalled $1.427 billion, representing 68.8% of its 2008 Approved Capital Budget of $2.074 billion being spent (see Appendix 1).  City Operations spent $582.779 million or 64.8% of its 2008 Approved Capital Budget of $899.097 million; while Agencies, Boards and Commissions spent $844.699 million or 71.9% of their collective 2008 Approved Capital Budget of $1.176 billion.  Rate Supported Programs spent $325.049 million or 74.4% of its 2008 Approved Capital Budget of $436.746 million (see Chart 1).

City Council on April 29 and 30, 2009, adopted the following: 

 

1.         City Council approve a transfer of $697,000 in 2009 from the Automated Fuel Management System project to the Renovation of the Intelligence and Special Investigation Facility Capital project.

 

2.         City Council approve a transfer of $487,000 in 2009 from the purchase of the Explosive Containment Vessel project to the Renovation of the Intelligence and Special Investigation Facility Capital project.

 

3.         The Toronto Police Services' request for the reinstatement of $0.697 million in funding for the Automated Fuel Management System and $0.487 million in funding for the Explosive Containment Vessel during the 2010 Capital Budget process be accommodated within the Services' established debt affordability guideline for 2010. 

The Executive Committee recommends that:

 

1.         City Council approve a transfer of $697,000 in 2009 from the Automated Fuel Management System project to the Renovation of the Intelligence and Special Investigation Facility Capital project.

 

2.         City Council approve a transfer of $487,000 in 2009 from the purchase of the Explosive Containment Vessel project to the Renovation of the Intelligence and Special Investigation Facility Capital project.

 

3.         The Toronto Police Services request for the reinstatement of $0.697 million in funding for the Automated Fuel Management System and $0.487 million in funding for the Explosive Containment Vessel during the 2010 Capital Budget process be accommodated within the Services' established debt affordability guideline for 2010.

 

City Council on April 29 and 30, 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 $1.856 million, as illustrated in Schedule “A” of the report, with zero gross and net impact. 

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 $1.856 million, as illustrated in Schedule “A” of the report, with zero gross and net impact.

 

 

City Council on April 29 and 30, 2009, adopted the following:

 

1.         TTC’s 2009 Approved Capital Budget and 2010 to 2013 Capital Plan be adjusted to reflect an increase of $2,000,000 to the total project cost for the capital project #CTT 051 – Subway Car Overhaul, requiring additional cashflow funding of $700,000 in 2009, $1,000,000 in 2010 and $300,000 in 2011, bringing the total project cost approval to $23,739,000.00.

 

2.         The increase in the total project cost and 2009 to 2011 cashflows be offset by additional Provincial Gas Tax funding to be received in 2009. 

City Council on April 29 and 30, 2009, adopted the following:

 

1.         City Council authorize the General Manager of the Long-Term Care Homes and Services Division to initiate an application for the redevelopment of Kipling Acres once the Ministry of Health and Long-Term Care invites applications in early 2009.

 

2.         City Council approve a one-time withdrawal of $2.0 million from the Homes for the Aged (HFA) Capital Reserve Fund to enable the Long-Term Care Homes and Services Division to begin planning and architectural design work on the Kipling Acres Redevelopment Project.

 

3.         City Council amend the 2009 Approved Capital Budget for Long-Term Care Homes and Services to include a new project entitled “Redevelopment of Kipling Acres” with a 2009 cash flow of $2.0 million funded from HFA Capital Reserve Fund.

 

4.         City Council authorize the General Manager of the Long-Term Care Homes and Services Division to continue to advocate for expanded funding for the City’s homemakers and nurses services program, based on demonstrated community need.

 

5.         City Council express to the Ministry of Health and Long-Term Care the urgent need to increase funding for long-term care homes as soon as is possible, based on the ever increasing acuity and complexity of care being provided in long-term care homes.

 

6.         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 General Manager of the Long-Term Care Homes and Services Division to initiate an application for the redevelopment of Kipling Acres once the Ministry of Health and Long-Term Care invites applications in early 2009.

 

2.         City Council approve a one-time withdrawal of $2.0 million from the Homes for the Aged (HFA) Capital Reserve Fund to enable the Long-Term Care Homes and Services Division to begin planning and architectural design work on the Kipling Acres Redevelopment Project.

 

3.         City Council amend the 2009 Approved Capital Budget for Long-Term Care Homes and Services to include a new project entitled “Redevelopment of Kipling Acres” with a 2009 cash flow of $2.0 million funded from HFA Capital Reserve Fund.

 

4.         City Council authorize the General Manager of the Long-Term Care Homes and Services Division to continue to advocate for expanded funding for the City’s homemakers and nurses services program, based on demonstrated community need.

 

5.         City Council express to the Ministry of Health and Long-Term Care the urgent need to increase funding for long-term care homes as soon as is possible, based on the ever increasing acuity and complexity of care being provided in long-term care homes.

 

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

 

City Council on April 29 and 30, 2009, adopted the following:

 

1.         City Council’s approval be granted to accept a donation of $600,000 from Maple Leaf Sports and Entertainment for arena and rink refurbishment and enhancement projects in 2009 in accordance with the “Policy on Donations to the City for Community Benefits”.

 

2.         A new Rink and Arena Refurbishment Project be created in the 2009 Parks, Forestry and Recreation Capital Budget with revenues and expenses of $550,000, funded from a donation received from Maple Leaf Sports and Entertainment and that approval be given to receive the funds into this project.

 

3.         The 2009 Parks, Forestry and Recreation Operating Budget be amended to include support of $50,000 for rink and arena improvements through volunteer events fully funded by a donation from Maple Leaf Sports and Entertainment.

 

4.         City Council’s approval be granted to receive donations of $500,000 per year in 2010, 2011, and 2012, and to receive a donation of $200,000 in 2013, for arena and rink refurbishment and enhancement projects in accordance with the “Policy on Donations to the City for Community Benefits”.

 

5.         The General Manager of Parks, Forestry and Recreation include projects and activities to reflect the donations from Maple Leaf Sports and Entertainment in the Capital and Operating Budget submissions over the 2010-2013 periods.

 

6.         City Council grant authority to the General Manager of Parks, Forestry and Recreation to negotiate and enter into a four (4) to ten (10) year Agreement commencing July 1, 2009, with Maple Leaf Sports and Entertainment to execute arena and outdoor rink refurbishment projects in each of the first four contract years and sustain project recognition on-site for up to an additional six (6) years at each project location, all in a form and content satisfactory to the City Solicitor. 

The Executive Committee recommends that:

 

1.         City Council’s approval be granted to accept a donation of $600,000 from Maple Leaf Sports and Entertainment for arena and rink refurbishment and enhancement projects in 2009 in accordance with the “Policy on Donations to the City for Community Benefits”.

 

2.         A new Rink and Arena Refurbishment Project be created in the 2009 Parks, Forestry and Recreation Capital Budget with revenues and expenses of $550,000, funded from a donation received from Maple Leaf Sports and Entertainment and that approval be given to receive the funds into this project.

 

3.         The 2009 Parks, Forestry and Recreation Operating Budget be amended to include support of $50,000 for rink and arena improvements through volunteer events fully funded by a donation from Maple Leaf Sports and Entertainment.

 

4.         City Council’s approval be granted to receive donations of $500,000 per year in 2010, 2011, and 2012, and to receive a donation of $200,000 in 2013, for arena and rink refurbishment and enhancement projects in accordance with the “Policy on Donations to the City for Community Benefits”.

 

5.         The General Manager of Parks, Forestry and Recreation include projects and activities to reflect the donations from Maple Leaf Sports and Entertainment in the Capital and Operating Budget submissions over the 2010-2013 periods.

 

6.         Authority be granted to the General Manager of Parks, Forestry and Recreation to negotiate and enter into a four (4) to ten (10) year Agreement commencing July 1, 2009, with Maple Leaf Sports and Entertainment to execute arena and outdoor rink refurbishment projects in each of the first four contract years and sustain project recognition on-site for up to an additional six (6) years at each project location, all in a form and content satisfactory to the City Solicitor.

 

City Council on April 29 and 30, 2009, adopted the following:

 

1.         City Council approve an increase in the July 1, 2008 to December 31, 2008, processing fees for single stream recycling with Metro Municipal Recycling Services Inc. and Canada Fibers Ltd. as follows:

 

a.         for single stream recycling processing with Metro Municipal Recycling Services Inc. by $13.90 per tonne to $90.91 per tonne which will result in retroactive compensation of $760,000; and

 

b.         for single stream recycling processing with Canada Fibers Ltd. by $14.65 per tonne to $91.15 per tonne which will result in retroactive compensation of $367,670.

 

2.         City Council approve the 2008 proposed rate schedule for additional residue rates between 14.01% and 28%, adjusted by Toronto All Items in Consumer Price Index changes effective January 1, 2009, for single stream recycling processing with Metro Municipal Recycling Services Inc. and for Canada Fibers Ltd. as set out in Table 1 and 2, respectively, in the Financial Impact Section.

 

3.         The 2009 Approved Operating Budget for Solid Waste Management Services be adjusted to increase expenditures in Cost Centre SW0742 (MRF: Single Stream – Scarborough) by $1,283,976 and Cost Centre SW0751 (MRF: Single Stream – Dufferin) by $338,692 and that these increased expenditures be offset by reducing the budgeted contribution to the Waste Management Reserve Fund in Cost Centre SW0762 (Multi Unit Waste Reduction Levy) by $511,334 and by an increase in WDO funding of $1,111,334 in Cost Centre SW0703 Waste Diversion and Planning.

 

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

 

5.         The General Manager, Solid Waste Management Services, be requested to initiate a renewed re-education/information program in those areas that have a high residual waste based on the inspection program outlined in the report, and report back to the Public Works and Infrastructure Committee on the results of inspections. 

 

6.         City Council direct the General Manager, Solid Waste Management Services, to collect data on residual percentages on a monthly basis and report this information annually to Public Works and Infrastructure Committee.

The Executive Committee recommends that:

 

1.         City Council approve an increase in the July 1, 2008 to December 31, 2008, processing fees for single stream recycling with Metro Municipal Recycling Services Inc. and Canada Fibers Ltd. as follows:

 

a.         for single stream recycling processing with Metro Municipal Recycling Services Inc. by $13.90 per tonne to $90.91 per tonne which will result in retroactive compensation of $760,000; and

 

b.         for single stream recycling processing with Canada Fibers Ltd. by $14.65 per tonne to $91.15 per tonne which will result in retroactive compensation of $367,670.

 

2.         City Council approve the 2008 proposed rate schedule for additional residue rates between 14.01% and 28%, adjusted by Toronto All Items in Consumer Price Index changes effective January 1, 2009, for single stream recycling processing with Metro Municipal Recycling Services Inc. and for Canada Fibers Ltd. as set out in Table 1 and 2, respectively, in the Financial Impact Section.

 

3.         The 2009 Approved Operating Budget for Solid Waste Management Services be adjusted to increase expenditures in Cost Centre SW0742 (MRF: Single Stream – Scarborough) by $1,283,976 and Cost Centre SW0751 (MRF: Single Stream – Dufferin) by $338,692 and that these increased expenditures be offset by reducing the budgeted contribution to the Waste Management Reserve Fund in Cost Centre SW0762 (Multi Unit Waste Reduction Levy) by $511,334 and by an increase in WDO funding of $1,111,334 in Cost Centre SW0703 Waste Diversion and Planning.

 

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

 

5.         The General Manager, Solid Waste Management Services, be requested to initiate a renewed re-education/information program in those areas that have a high residual waste based on the inspection program outlined in the report, and report back to the Public Works and Infrastructure Committee on the results of inspections.

 

City Council on April 29 and 30, 2009, adopted the following:

 

1.         City Council adopt the confidential recommendations of staff in Confidential Attachment 1 of the report (October 20, 2008) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation.

 

2.         City Council authorize the public release of the confidential information and recommendations in Attachment 1, once the transaction has closed.

 

3.         The Offer to Sell from the owner of the property known as 283 Greenfield Avenue be accepted substantially on the terms outlined in Attachment 1 to the report, and that either the Chief Corporate Officer or the Director of Real Estate Services be authorized severally to accept the Offer on behalf of the City.

 

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 he or she consider reasonable.

 

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

 

Confidential Attachment 1 to the report (October 20, 2008) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation, remains confidential at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information related to a proposed or pending acquisition or sale of land for municipal or local board purposes. The confidential information contained in Confidential Attachment 1 will be made public once the transaction has closed.

The Executive Committee recommends that:

 

1.         City Council adopt the confidential recommendations of staff in Confidential Attachment 1 of the report (October 20, 2008) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation.

 

2.         City Council authorize the public release of the confidential information and recommendations in Attachment 1, once the transaction has closed.

 

3.         The Offer to Sell from the owner of the property known as 283 Greenfield Avenue be accepted substantially on the terms outlined in Attachment 1 to the report, and that either the Chief Corporate Officer or the Director of Real Estate Services be authorized severally to accept the Offer on behalf of the City.

 

4.         The City Solicitor be authorized 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 he or she consider reasonable.

 

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

 

City Council on April 29 and 30, 2009, adopted the following:

 

1.         Recommendation 1 of the report (March 23, 2009) from the City Manager be deleted.

 

2.         City Council amend the non-union compensation policy by:

 

a.         setting the cost of living adjustments for 2009 and 2010 as 0% and 1%, respectively; and

 

b.         cancelling the re-earnable performance-based lump-sum payments in 2009 and 2010 for non-union employees who have reached their respective maximum salary (job rate).

 

3.         City Council request the City's agencies, boards and commissions to apply the changes set out in Part 2 above, to their staff.

 

4.         City Council continue the performance-based pay policy in 2009 and 2010 for employees’ progression through their respective grade salary ranges (minimum salary to maximum salary – job rate), which is based on non-union employees’ 2008 and 2009 goals and performance.

 

5.         The report (April 2, 2009) from the City Manager and the City Solicitor entitled "Non-union Employee Compensation: General Annual Salary Adjustment (COLA) and Performance Pay - 2009, 2010" be received for information.

 

6.         Confidential Attachment 1 of report (April 2, 2009) from the City Manager and the City Solicitor remain confidential and not be released as it contains advice that is subject to solicitor-client privilege and information pertaining to labour relations and employee negotiations. 

 

Confidential Attachment 1 to the report (April 2, 2009) from the City Manager and 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 information pertaining to labour relations and employee negotiations. 

The Executive Committee recommends to City Council that:

 

1.         Recommendation 1 of the report (March 23, 2009) from the City Manager be deleted.

 

2.         City Council amend the non-union compensation policy by:

 

a.         setting the cost of living adjustments for 2009 and 2010 as 0% and 1%, respectively; and

 

b.         cancelling the re-earnable performance-based lump-sum payments in 2009 and 2010 for non-union employees who have reached their respective maximum salary (job rate).

 

3.         City Council continue the performance-based pay policy in 2009 and 2010 for employees’ progression through their respective grade salary ranges (minimum salary to maximum salary – job rate), which is based on non-union employees’ 2008 and 2009 goals and performance.

 

4.         The report (April 2, 2009) from the City Manager and the City Solicitor entitled "Non-union Employee Compensation: General Annual Salary Adjustment (COLA) and Performance Pay - 2009, 2010" be received for information.

 

5.         Confidential Attachment 1 of report (April 2, 2009) from the City Manager and the City Solicitor remain confidential and not be released as it contains advice that is subject to solicitor-client privilege and information pertaining to labour relations and employee negotiations.

 

The Executive Committee received the following communications:

 

1.         (March 12, 2009) from Councillor Suzan Hall;

 

2.         (April 7, 2009) from Richard Majkot, Executive Director, and Glenn Steeves, President, City of Toronto Administrative, Professional, Supervisory Association, Inc. (COTAPSA)

At the February 17^th Operating Budget Consultations for City Councillors, there were repeated requests that essential cost-savings could be found in salaries and benefits.

 

We recognize that our employees are dedicated and deserve to be treated with dignity.  At the same time, we have to realize that as a part of the social contract, concessions demonstrating prudent restraint need to be made when economic uncertainty overwhelms the taxpayers of Toronto.

 

Most people in Toronto do not have jobs that guarantee security through times of economic challenge. This is why I am asking that all employed by the City take this into consideration in their salary expectations for 2009.

 

City Council on April 29 and 30, 2009, adopted the following:

 

1.         City Council receive the report entitled “Occupational Health and Safety Report, Third Quarter, 2008” for information.

The Executive Committee recommends that:

 

1.         City Council receive the report entitled “Occupational Health and Safety Report, Third Quarter, 2008” for information.

City Council on April 29 and 30, 2009, adopted the following:

 

1.         City Council receive the report entitled “Occupational Health and Safety Report, End of Year, 2008” for information.

The Executive Committee recommends that:

 

1.         City Council receive the report entitled “Occupational Health and Safety Report, End of Year, 2008” for information.

City Council on April 29 and 30, 2009, adopted the following:

 

1.         City Council receive the report entitled "Toronto's 2007 Performance Measurement and Benchmarking Report" for information. 

The Executive Committee recommends that:

 

1.         City Council receive the report entitled "Toronto's 2007 Performance Measurement and Benchmarking Report" for information.

 

Joe Pennachetti, City Manager and Lorne Turner, Manager, Performance Management, gave a presentation to the Executive Committee on Toronto’s 2007 Performance Management and Benchmarking Report and filed a copy of their presentation.

This report and the accompanying Attachment A, entitled Toronto’s 2007 Performance Measurement and Benchmarking Report, provide service/activity level and performance measurement results in 23 service areas. It includes up to eight years of Toronto’s historical data to examine internal trends, and compares 2007 results externally to 14 other municipalities through the Ontario Municipal CAOs Benchmarking Initiative (OMBI).

 

In December 2008, the 15 OMBI member municipalities released a joint report entitled OMBI 2007 Performance Benchmarking Report (OMBI Joint Report), which is included as Attachment B. The OMBI Joint Report provides 2006 and 2007 summary data in 22 service areas. Municipal results for each performance measure are presented as information in alphabetical order. The report does not attempt to interpret or rank the results of municipalities in any way.

 

Toronto’s 2007 Performance Measurement and Benchmarking Report, expands on the OMBI Joint Report by focusing on Toronto’s results in terms of our internal year-over-year changes and longer term trends, and the ranking of Toronto’s results in an external comparison to the other OMBI municipalities. It also includes one additional service area, more performance measures and service level indicators, identification of key factors influencing Toronto’s results, and highlights Toronto initiatives that have, or will be implemented that are expected to further improve the efficiency and effectiveness of our operations.

 

Toronto is unique among Ontario municipalities because of its size and its role as the centre of business, culture, entertainment, sporting and provincial and international governance activities in the Greater Toronto Area. The most accurate comparison for Toronto is to examine our own year-over-year performance and longer-term historical trends. Toronto’s 2007 Performance Measurement and Benchmarking Report includes up to eight years of historical data for 41 service/activity level indicators and 101 measures of efficiency, customer service and community impact.

 

Notwithstanding Toronto’s unique place in Ontario, there is also value in comparing Toronto’s 2007 results to those of other Ontario municipalities. Toronto’s results have been ranked by quartile, in relation to other municipalities for 51 service/activity level indicators and 103 performance measures. Between Toronto’s 2006 and 2007 Benchmarking Reports, there has been very little change in Toronto’s quartile ranking for each of the indicators and measures in relation to other municipalities. Changes in Toronto’s quartile ranking for individual measures are more likely to occur over a five-year or longer period.

 

Factors that make Toronto unique, such as our high population density, more developed urban form and older infrastructure, can have a significant influence on why Toronto’s results are higher or lower in relation to other municipalities. To assist in understanding the impact these factors can have on Toronto’s ranking, the attached report has grouped measures from across service areas based on these key influencing factors.

 

Toronto’s 2007 Performance Measurement and Benchmarking Report also includes, in Appendices 1 and 2 to Attachment A, findings from supplementary reviews of:

 

1.         Solid Waste Diversion where Toronto’s cost per tonne is high in relation to other municipalities and it provides the reasons for this and describes the linkage between costs and diversion rates

 

2.         Library Services where Toronto’s library use per capita is very high and cost per use is low, and the review indicates how these very positive results have been achieved

 

Comparisons of Toronto’s service delivery and quality of life should also go beyond Ontario and include results from other large Canadian and international cities.

 

One example of Toronto’s efforts on this front is work staff have been doing first with the World Bank, and now with the Global City Indicators Facility (GCIF) to develop a standardized set city indicators that measure and monitor city performance and quality of life globally. Toronto staff have made a significant contribution to this work to date, such as the sharing of our experiences in benchmarking work done through OMBI and FCM’s Quality of Life Initiative. Toronto has been recognized by staff of the World Bank and the GCIF as one of the world leaders in these areas.

 

 

City Council on April 29 and 30, 2009, adopted the following:

 

1.         City Council authorize the City of Toronto to enter into the Police Officers Recruitment Fund Agreement with the Province and the Toronto Police Services Board, subject to approval as to form by the City Solicitor. 

The Executive Committee recommends that:

 

1.         City Council authorize the City of Toronto to enter into the Police Officers Recruitment Fund Agreement with the Province and the Toronto Police Services Board, subject to approval as to form by the City Solicitor.

 

City Council on April 29 and 30, 2009, adopted the following:

 

1.         City Council approve of The Board of Governors of Exhibition Place entering into an agreement with Astral on the terms and conditions outlined in the report 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.         Option B, contained in the Confidential Attachment come into effect if it conforms with the upcoming City-wide sign policies under the new by-law.

 

3.         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.

 

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

 

Confidential Attachment 1 to the report (March 4, 2009) from the Chief Executive Officer, Exhibition Place, 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 the property of the municipality or local board.

The Executive Committee recommends that:

 

1.         City Council approve of The Board of Governors of Exhibition Place entering into an agreement with Astral on the terms and conditions outlined in the report 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.         Option B, contained in the Confidential Attachment come into effect if it conforms with the upcoming City-wide sign policies under the new by-law.

 

3.         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.

 

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

City Council on April 29 and 30, 2009, adopted the following:

 

1.         City Council approve of the Board entering into an agreement with Direct Energy and CPower to jointly act as an “Aggregator” with respect to the Ontario Power Authority’s Demand Response 3 Program (OPA’s DR3), on the terms and conditions set out in the report, and such other terms and conditions as required by the City Solicitor and the CEO of the Board.

 

2.         City Council direct that the confidential information in Attachment 1 to the report (March 4, 2009) from the Chief Executive Officer, Exhibition Place, remain confidential in its entirety, as it contains information related to the security of the property of the municipality or local board.

 

Confidential Attachment 1 to the report (March 4, 2009) from the Chief Executive Officer, Exhibition Place, 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 the property of the municipality or local board.

The Executive Committee recommends that:

 

1.         City Council approve of the Board entering into an agreement with Direct Energy and CPower to jointly act as an “Aggregator” with respect to the Ontario Power Authority’s Demand Response 3 Program (OPA’s DR3), on the terms and conditions set out in the report, and such other terms and conditions as required by the City Solicitor and the CEO of the Board.

City Council on April 29 and 30, 2009, adopted the following:

 

1.         The City of Toronto convey its strong support to the Federal Government for the creation of a national securities regulator to be located in Toronto, Canada's Financial Services Area.

The Executive Committee recommends that:

 

1.         The City of Toronto convey its strong support to the Federal Government for the creation of a national securities regulator to be located in Toronto, Canada's Financial Services Area.

Canada is currently the only country in the over 180-member International Organization of Securities Commissions that does not have a common national securities regulator.  Rather, Canadian securities regulation is subject to the rules of the thirteen different provincial and territorial securities regulators.  This patchwork of regulations unfortunately hinders Canada’s ability to compete with other countries for investment and makes it more expensive to do business in Canada.  As a result, our financial centres bear the burden of our fragmented regulatory system.  A common regulator would make Canadian markets more competitive and more efficient.

 

As the financial capital of Canada, Toronto should support the Federal Government in establishing a common securities regulator.  Toronto’s financial centre will be a major beneficiary of such an agreement and, as such, we should support the Federal Government bringing this forward as part of the upcoming budget deliberations.

 

Security Regulators play a number of important roles:  they maintain confidence in the financial system, investigate complaints about the financial system, prosecute cases of market misconduct and license providers of financial services.  This initiative is long overdue and Toronto can no longer afford the inefficient securities regulatory system we have in Canada.

 

(Submitted to City Council on January 27 and 28, 2009 as MM31.18)