The Government Management Committee:

1.         Received the report (March 27, 2009) from the Acting Treasurer.

2.         Requested the Acting Treasurer to report on the success rate of tax collection methods, including the use of bailiffs, as part of the annual report on Largest Property Tax Debtors over $500,000.

To provide information on property tax accounts with outstanding receivables of $500,000 or more as at December 31, 2008.

This report contains three attachments:

a.         Attachment 1 is public information, and lists properties owned by a corporation with tax arrears of $500,000 or more.

b.         Attachment 2 is confidential, and lists properties owned by individuals with tax arrears of $500,000 or more.  The Municipal Freedom of Information and Protection of Privacy Act prevents the public disclosure of the information contained in Attachment 2.

c.         Attachment 3 identifies the tax receivable as at December 31, 2008.

The confidential information contained in Attachment 2 should remain confidential, as it relates to personal information about identifiable individual(s), and as such may not be disclosed under the provisions of the Municipal Freedom of Information and Protection of Privacy Act.

The Government Management Committee recommends that:

1.         City Council pass a by-law pursuant to section 252 of the City of Toronto Act, 2006, providing authority to:

a.         enter into a municipal capital facility agreement with the owner, Morguard Realty Holding Inc., c/o Morguard Investments Limited, of the property located at 20 Lesmill Road in respect of approximately 27,577 square feet of rentable area leased by the City of Toronto; and

b.         exempt the leased space from taxation for municipal and school purposes, which tax exemption is to be effective from the latest of the following dates: the date the municipal capital facility agreement is signed; or the date the tax exemption by-law is enacted.

2.         City Council direct the City Clerk to give written notice of the by-law to the Minister of Education, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, the Conseil Scolaire de District du Centre-Sud-Ouest, and the Conseil Scolaire de District du Catholique Centre-Sud.

3          City Council grant authority for the introduction of the necessary bills to give effect thereto.

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

The Government Management Committee recommends that:

1.         City Council pass a by-law pursuant to section 252 of the City of Toronto Act, 2006, providing authority to:

a.         enter into a municipal capital facility agreement with the owner, Century Standard Development Corp., of the property located at 1118 Finch Avenue West in respect of approximately 11,483 square feet of rentable area leased by the City of Toronto; and

b.         exempt the leased space from taxation for municipal and school purposes, which tax exemption is to be effective from the latest of the following dates: the date the municipal capital facility agreement is signed; or the date the tax exemption by-law is enacted.

2.         City Council direct the City Clerk to give written notice of the by-law to the Minister of Education, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, the Conseil Scolaire de District du Centre-Sud-Ouest, and the Conseil Scolaire de District du Catholique Centre-Sud.

3.         City Council grant authority for the introduction of the necessary bills to give effect thereto.

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

The Government Management Committee recommends that:

1.         City Council exempt from taxation for municipal purposes the portion of the land and building leased and occupied by Master’s College and Seminary at 3080 Yonge Street, beginning January 1, 2008 and continuing to July 31, 2013, provided the following conditions continue to be met:

a.         the specified property is occupied and used solely for the purposes of Master’s College and Seminary; and

b.         Master’s College and Seminary is a registered charity within the meaning of the Income Tax Act (Canada).

2.         City Council cancel taxes for municipal purposes, including interest and penalties for the period from August 1, 2003 to December 31, 2007, for the portion of the land and building occupied by Master’s College and Seminary, located at 3080 Yonge Street, provided that Master’s College and Seminary undertakes in writing to repay to the City charity tax rebates in the amount of $171,159 that it has received for the subject premises for the period from August 1, 2003 to December 31, 2007.

3.         City Council direct the City Clerk to notify the Minister of  Finance of Council’s actions with respect to the recommended exemption and cancellation of taxes for Master’s College and Seminary, for the purposes of ensuring that the exemptions and cancellations in respect of school taxes required by the Master’s College and Seminary Act, 2008 are implemented.

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

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

The Government Management Committee recommends that:

1.         City Council authorize entering into a Lease Extension and Amending Agreement with 1615067 Ontario Ltd. (o/a C.P. Auto Body and Mechanic) (the “Tenant”), to use and occupy approximately 24,763 square feet of vacant land adjacent to 25 Cariboo Avenue, (the “Rentable Area”), substantially on the terms and conditions as set out in Appendix “A” and on such other terms and conditions as approved by the Chief Corporate Officer, or his or her designate, and in a form and content acceptable to the City Solicitor.

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

The purpose of this report is to obtain authority to enter into a Lease Extension and Amending Agreement with 1615067 Ontario Ltd. (o/a C.P. Auto Body and Mechanic) for use of City lands adjacent to 25 Cariboo Avenue. The proposed agreement is for a five (5) year term, commencing on June 1st, 2009 and ending on May 31st, 2014.

The Government Management Committee recommends that:

1.         City Council authorize entering into a Lease Extension and Amending Agreement with Cypec Holdings Inc. (the “Tenant”), to use and occupy approximately 6,418 square feet of vacant land adjacent to 36 Cariboo Avenue, (the “Rentable Area”), substantially on the terms and conditions as set out in Appendix “A” and on such other terms and conditions as approved by the Chief Corporate Officer, or his or her designate, and in a form and content acceptable to the City Solicitor.

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

The purpose of this report is to obtain authority to enter into a Lease Extension and Amending Agreement with Cypec Holdings Inc. for use of City lands adjacent to 36 Cariboo Avenue. The proposed Lease agreement is for a five (5) year term, commencing on June 1st, 2009 and ending on May 31st, 2014.

The Government Management Committee recommends that:

1.         City Council, pursuant to the existing agreement under section 30 of the Expropriations Act (the “Section 30 Agreement”) between the City and 863880 Ontario Limited (“863880”) for certain lands (the “Lands”) on the west side of Strachan Avenue, exercise its option to extend the closing date from October 31, 2009 to February 28, 2012, in a form satisfactory to the City Solicitor.

2.         City Council authorize the Director of Real Estate to undertake discussions with 863880 to unwind the existing Section 30 Agreement and report back to Council when the necessary lands from 863880 for local road purposes are secured at no cost to the City.

The Government Management Committee recommends that:

1.         City Council authorize the renewal of  the lease with Brian Jacobsen (the “Tenant”), at 411 Victoria Park Avenue (the “Premises”) for a one year term  substantially on the terms and conditions outlined in Appendix “A”, together with such other terms and conditions deemed appropriate by the Chief Corporate Officer and in form satisfactory to the City Solicitor.

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

The Government Management Committee recommends that:

1.         City Council authorize the Chief Corporate Officer to enter into a Lease Agreement with Toronto Hydro Energy Services (the “Tenant”), subject to the execution of the Energy Services Agreement between Toronto Water and TH Energy, to use and occupy approximately 29,200 square feet of  land at 7 Leslie Street, (the “Rentable Area”), substantively on the terms and conditions set out in Appendix “A”, and on such other terms and conditions as approved by the Chief Corporate Officer, or his or her designate, and in a form acceptable to the City Solicitor.

2.         City Council authorize the Chief Corporate Officer to provide consent on behalf of the City as Landlord any submission of applications required to be submitted by TH Energy for land use approvals.

3.         City Council authorize the Chief Corporate Officer to provide consent on behalf of the City to the submission of any applications for required environmental approvals to the Ontario Ministry of Environment.

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

The Government Management Committee recommends that:

1.         City Council grant the City Manager standing authority to:

a.         provide approvals to others to use the City’s intellectual property in situations where the intended use is not for commercial purposes or there is insignificant commercial value to the use;

b.         where required, and when such approval has no significant effect on the value of the City’s intellectual property, provide approvals to others to register trade-marks similar to official marks already registered on behalf of the City and to provide similar approvals for other forms of the City’s intellectual property;

c.         impose such terms and conditions on the uses as outlined in "a" and "b" as the City Manager considers appropriate;

d.         delegate the authority to manage specific aspects of intellectual property to City staff as the City Manager deems appropriate; and

e.         take action as the City Manager considers appropriate to protect the City’s intellectual property; this would include requesting the City Solicitor to take any necessary legal action and to instruct the Solicitor in the conduct of such action.

The Government Management Committee recommends that:

1.         City Council renew the following City insurance policies effective June 1, 2009 for a policy period of twelve months, as outlined below in Table 1, plus applicable provincial taxes (and as detailed in Attachment 1).

                                                  Table 1 - Renewal Insurance Policies

2.         City Council delegate authority to the Deputy City Manager and Chief Financial Officer to renew the City's program of property and casualty insurance on an annual basis provided that, in the opinion of the Deputy City Manager and Chief Financial Officer, the terms, conditions, limits, and deductibles are substantially the same as are recommended in this report and the premiums are competitive based on insurance markets.

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

The Government Management Committee recommends that:

1.         City Council increase the Information and Technology’s 2009 Approved Capital Budget by $7,015,089, funded from the Information and Technology Equipment Reserve.

2.         City Council direct the Chief Information Officer to report to Budget Committee prior to the 2010 capital budget process to identify under-spending in his 2009 Approved Capital Budget in order to replenish the Information and Technology Equipment Reserve, where possible and/or identify changes to the Five Year Capital Plan.

3.         City Council approve the sole source purchase of $7,015,089 net of GST in SAP licenses and 2009 maintenance fees to SAP Canada Inc.

4.         City Council accommodate SAP Canada Inc.’s request to protect its competitive interests by not releasing the details identified in Confidential Attachment 1.

The Government Management Committee recommends that:

1.         City Council amend Chapter 553 of the Toronto Municipal Code, Lottery Licensing to reflect:

             a.        the new Order-in-Council 1413/08 which clarifies the respective roles and responsibilities of the AGCO and municipalities in issuing lottery licences;

             b.        the transfer of delegated responsibilities from a Director in the City Clerk’s Division to the City Clerk for duties under Chapter 553 of the Toronto Municipal Code;

             c.        the provision to permit the City Clerk to waive administration fees under extenuating circumstances beyond the control of the licensee (e.g. cancellation of events due to weather conditions); and

             d.        the payment of the fees when an application is submitted rather than when the licence or authorization is issued.

2.         City Council authorize and direct the appropriate City officials to take whatever action is deemed necessary to implement the foregoing, including the introduction in Council of a bill substantially in the form of Appendix B.

The Government Management Committee recommends that:

1.         City Council grant authority to the Medical Officer of Health to extend and increase current sole source contract 47012030 with Loblaw Companies Limited, for the purchase of food certificates, under the same terms and conditions, for the period June 1, 2009 to May 31, 2011 by a total estimated amount of $850,000.00, revising the current contract value from $948,000.00 to $1,798,000.00, taxes not applicable.

2.         City Council authorize the Medical Officer of Health to award, amend and execute, on an ongoing basis, the purchase of goods agreement for the purchase of food certificates from any major grocery chain that has at least twenty stores in Toronto,  within the approved budget and in accordance with established terms and conditions.

The Board of Health on April 20, 2009, considered a report (April 15, 2009) from the Medical Officer of Health and the Acting Director, Purchasing and Materials Management, entitled “Purchase Order Amendment to Sole Source Contract 47012030 with Loblaw Companies Limited for Food Certificates”.

The Government Management Committee recommends that:

1.         City Council, subject to authorizing the permanent closure of the public lane, being the unnamed lane on Plan 60 (aka Barnaby Place) north of Elm Street, abutting Lot 25 and shown as Part 1 on Sketch No. PS-2008-133 (the “Lane”), the City of Toronto enter into an Agreement of Purchase and Sale with the adjoining owner, the Hospital for Sick Children (“HSC”), for the sale of the Lane, in the amount of $900,000.00, substantially on the terms and conditions outlined in Appendix “A” to this report.

2.         City Council grant a permanent easement to Enwave Energy Corporation (“Enwave”) and to any other affected utility companies, for nominal consideration, prior to the completion of the sale to HSC on terms and conditions satisfactory to the City in consultation with Enwave and any other affected utility companies.

3.         City Council grant authority to direct a portion of the proceeds of closing to fund the outstanding expenses related to the Lane and the completion of the sale transaction.

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 or waiving terms and conditions, on such terms as she considers reasonable.