The Executive Committee recommends that:

1.         City Council appoint to the Compliance Audit Committee the persons listed in Confidential Attachment 1 to the report (July 22, 2010) from the City Manager for a term of office coincident with the term of Council that takes office following the 2010 regular municipal election.

2.         City Council authorize the City Clerk to make the appointees' names public once they have been appointed by City Council and the appointees have been notified.

3.         City Council appoint to the Compliance Audit Committee the persons listed as alternate members in Confidential Attachment 1 to this report from the City Manager in the order listed, such appointments to be effective in the event that any vacancies on the Committee occur.

4.          City Council direct that the alternates' names remain confidential until their appointment to the Compliance Audit Committee becomes effective and the appointee(s) has/have been notified.

5.         City Council direct that Confidential Attachment 1 to the report (July 22, 2010) from the City Manager and Confidential Attachments 1 and 2 to the report (May 31, 2010) from the City Clerk, entitled "Appointment of Members to the Compliance Audit Committee", remain confidential in their entirety as they contain personal information about identifiable individuals.

6.         City Council request the City Manager to incorporate the recruitment and selection process for members of the Compliance Audit Committee into the Public Appointments Policy for future terms so that the Civic Appointments Committee recommends membership to Council for approval.

The Executive Committee submits this matter to City Council without recommendation.

The Executive Committee deferred consideration of the item until its next meeting.

The Executive Committee recommends that:

1.        City Council treat the Council meeting at which this report (July 30, 2010) from the City Manager is considered as the 2009 Annual General Meeting of the Shareholder for Build Toronto Inc. by:

a.         Receiving the annual report of  Build Toronto Inc., forming Attachment 1 to this report (July 30, 2010) from the City Manager.

b.         Appointing Pricewaterhouse Coopers LLP, Chartered Accountants, as the auditor of Build Toronto Inc. for fiscal year 2010, and authorizing the Board of Directors of Build Toronto to fix the remuneration of such auditor.

c.         Receiving the report of the Deputy City Manager and Chief Financial Officer, dated July 30th, 2010 "Build Toronto Inc. 2009 Audited Financial Statements", forming Attachment 2 to this report (July 30, 2010) from the City Manager and receiving Build Toronto's 2009 Annual Audited Financial Statements forming Appendix A to that report.

2.         City Council forward a copy of Build Toronto's 2009 Audited Annual Financial Statements forming Appendix A to Attachment 2 to this report (July 30, 2010) from the City Manager to the Audit Committee for information.

3.         City Council authorize the Treasurer to execute a letter of guarantee on behalf of the City satisfactory in form to the City Solicitor in favour of OMERS Administration Corporation with respect to a maximum of four consecutive months of obligations owing by Build Toronto arising from its duty to pay employer and employee OMERS contributions during the period ending December 31, 2015.

This report recommends the actions necessary to comply with the requirements of the Business Corporations Act (Ontario) for holding the 2009 annual general meeting of the shareholder of Build Toronto Inc. including receipt of audited financial statements and appointment of the auditor. This report also recommends that the City Treasurer be authorized to execute a letter of guarantee to assist Build Toronto Inc. to secure continuing participation in the Ontario Municipal Employees Retirement System (OMERS).

The Executive Committee recommends that:

1.                  City Council, subject to the City obtaining the requisite statutory authority from the Province of Ontario, approve providing loan guarantees in respect of debt to be incurred by Build Toronto to finance its equity investments in various Build projects, and to enter into an agreement  with Build whereby the City agrees to provide such  loan guarantees (the "Agreement"), on the following principal terms and conditions:

a.                   Maximum amount guaranteed by the City not to exceed $160 million (inclusive of interest, costs and charges).

b.                  The term of the Agreement be five years, following which the City will no longer guarantee any new Build debt unless Council has elected to extend the Agreement.

c.                   Each individual guarantee provided by the City under the Agreement expire no later than five years from the date it is issued.

d.                  Build to pay to the City, as consideration for the Agreement and the guarantees, a fee equal to 1.0% per annum on the average outstanding loan balances being guaranteed by the City from time to time.

e.                   Build to provide to the City collateral with appraised value equal to or greater than the amount of the loans being guaranteed by the City.

f.                   Prior to each new guarantee being issued, Build must certify that the existing collateral for previously issued loan guarantees still meets the requirement in (e), or, in the alternative, provide additional collateral to meet the requirements in (e).

g.                  The certifications in (f) be confirmed by full appraisals of the entire collateral lands, at Build's cost, and carried out by a third-party appraiser selected by the City, at such time as the total amounts guaranteed by the City reach $40 million incremental thresholds (e.g. $40 million, $80 million, $120 million);.

h.                  The City to have the right to terminate the granting of new loan guarantees on ninety days notice.

i.                    Any other term deemed appropriate by the Deputy City Manager and Chief Financial Officer.

2.                  City Council direct that the loan guarantees to be provided pursuant to the Agreement be deemed to be in the interests of the City.

3.                  City Council grant authority to the Deputy City Manager and Chief Financial Officer to enter into any agreements or documentation between the City, Build and Build's lenders as may be required, desirable or necessary in respect of individual guarantees to be provided by the City, and collateral to be taken by the City under the Agreement.

4.                  City Council request the Deputy City Manager and Chief Financial Officer to report back to Council prior to the expiry of the five year term of the Agreement with an assessment of the potential risks and benefits associated with an extension of the Agreement for a further five year period.

5.         City Council request the Deputy City Manager and Chief Financial Officer to report in six months on the City's success in seeking the required amendments to Ontario Regulation 295/09.

6.         City Council request Build Toronto to report to the Executive Committee on how they intend to secure financing for projects, if the required amendments were not achieved by that time.

The Executive Committee recommends that:

1.         City Council consider the Council meeting to be the 2009 Annual General Meeting of the Shareholder for Invest Toronto Inc. by:

a.                   Receiving the annual report of Invest Toronto Inc., dated July 30th, 2010, forming Attachment 1 to the report (July 30, 2010) from the City Manager.

b.                  Appointing Pricewaterhouse Coopers LLP , Chartered Accountants, as the auditor for Invest Toronto for fiscal year 2010, and authorizing the Board of Directors of Invest Toronto to fix their remuneration.

c.                   Receiving the report of the Deputy City Manager and Chief Financial Officer, dated July 30, 2010 , "Invest Toronto Inc. 2009 Audited Financial Statements"  forming Attachment 2 to the report (July 30, 2010) from the City Manager and receiving Invest Toronto's 2009 Annual Audited Financial Statements forming Appendix A to that report.

2.                  City Council forward a copy of Invest Toronto's 2009 Audited Annual Financial Statements forming Appendix A to Attachment 2 to the report (July 30, 2010) from the City Manager to the Audit Committee for information.

This report recommends the actions necessary to comply with the requirements of the Business Corporations Act (Ontario) for holding the 2009 annual general meeting of the shareholder of Invest Toronto Inc., including receipt of audited financial statements and appointment of the auditor.

The Executive Committee recommends that:

1.                  City Council consider the Council meeting to be the 2008 and 2009 Annual General Meetings of the Shareholder for City of Toronto Economic Development Corporation by:

a.                   Receiving the annual report of the City of Toronto Economic Development Corporation operating under the name of Toronto Port Lands Company (TPLC), dated July 30, 2010, forming Attachment 1 to the report (July 30, 2010) from the City Manager.

b.                  Appointing PriceWaterhouseCoopers LLP, Chartered Accountants, as the auditor for TPLC for fiscal year 2010, and authorizing the corporation’s Board of Directors to fix their remuneration.

c.                   Receiving the reports of the Deputy City Manager and Chief Financial Officer, dated July 30, 2010, entitled “Toronto Port Lands Company – 2008 Audited Financial Statements”, forming Attachment 2 to the report (July 30, 2010) from the City Manager and dated July 30, 2010, entitled “Toronto Port Lands Company – 2009 Audited Financial Statements”, forming Attachment 3 to this report (July 30, 2010) from the City Manager and receiving the 2008 and 2009 Audited Annual Consolidated Financial Statements forming Appendix A to each of those reports.

2.                  City Council forward a copy of the 2008 and 2009 Audited Annual Consolidated Financial Statements forming Appendix A to Attachments 2 and 3 to the report (July 30, 2010) from the City Manager to the Audit Committee for information.

This report recommends the actions necessary to comply with the requirements of the Business Corporations Act (Ontario) for holding the 2008 and 2009 annual general meetings of the shareholder of City of Toronto Economic Development Corporation (TEDCO) operating under the name of Toronto Port Lands Company (TPLC) including receipt of audited financial statements and appointment of the auditor.

The Executive Committee recommends that:

1.         City Council authorize the General Manager, Toronto Water to enter into and execute an agreement (the "Second Amending Agreement") to further amend the Energy Transfer Agreement between the City and Enwave Energy Corporation dated January 18, 2002, as amended by agreement dated August 20, 2007, substantially on the confidential terms and conditions attached in Appendix "A" to Confidential Attachment 1 of the report (August 10, 2010) from the City Manager and such other terms and conditions as are satisfactory to the City Manager, in consultation with the Deputy City Manager and Chief Financial Officer, the General Manager, Toronto Water and the City Solicitor and in a form satisfactory to the City Solicitor.

2.         City Council authorize the Deputy City Manager and Chief Financial Officer to enter into, execute and deliver a consent and acknowledgement (the "Consent and Acknowledgement") to Integrated Private Debt Corp., or any affiliate of Integrated Private Debt Corp. ("IPDC"), whereby the City consents to Enwave assigning its interest in the Energy Transfer Agreement dated January 18, 2002 between the City and Enwave, as amended, (the "ETA") to IPDC as collateral  security for a new credit facility being negotiated between Enwave and IPDC; provided, however, that the terms and conditions of the Consent and Acknowledgement, and any related documents in which the City has an interest, are satisfactory to the Deputy City Manager and Chief Financial Officer and the City Solicitor and in a form satisfactory to the City Solicitor; 

3.         City Council authorize the Deputy City Manager and Chief Financial Officer to deliver and execute, if necessary, on behalf of the City, any additional documents that the Deputy City Manager and Chief Financial Officer and the City Solicitor determine are necessary to give effect to Recommendation 2. above.

4.         Council authorize the City to enter into a Municipal Access Agreement with Enwave Energy Corporation ("Enwave") to permit Enwave to use the City's public highways for its district energy operations in City public highways, substantially on the confidential terms and conditions attached in Appendix "B" to Confidential Attachment 1 of the report (August 10, 2010) from the City Manager and such other terms and conditions as are satisfactory to the City Manager, in consultation with the Deputy City Manager and Chief Financial Officer, the General Manager, Transportation Services and the City Solicitor and in a form satisfactory to the City Solicitor.

5.         City Council direct that the information contained in Confidential Attachment 1 of the report (August 10, 2010) from the City Manager remain confidential in its entirety.

The Executive Committee recommends that:

1.         City Council direct the City Manager to consider any request from the Toronto Community Housing Corporation Board of Directors for changes to its composition and consult with appropriate parties prior to reporting on this matter at the earliest opportunity in the new term of Council, and that a report be submitted to the Striking Committee for deferral of appointments of Council members to the TCHC Board if the number of Council members is impacted by the recommendation.

The Executive Committee recommends that:

1.         City Council  waive Section 3.3 of the Public Appointments Policy and nominate the person identified in Confidential Attachment 1 to be appointed by the Board of Directors as Chair of Toronto Hydro Corporation, to serve at the pleasure of Council, effective December 1, 2010, until November 30, 2012 or until a successor is appointed.

2.         City Council direct that the Confidential Attachment 1 be made public following City Council's approval.

3.         City Council request the City Manager to undertake a review of term limits imposed on this position to determine if there is a need to make any adjustment.

4.         City Council request the City Manager to undertake a general review of the principle of term limited positions, with respect to Toronto Hydro.

The Executive Committee recommends that:

1.         City Council direct that no further changes to the City's Personal Vehicle Tax refund policy be adopted at this time.

The Executive Committee: 

1.         Deferred consideration of the item until the next meeting.

2.         Requested the Deputy City Manager and Chief Financial Officer to report to the Committee identifying and defining the goals set out in the report (July 12, 2010) from the Deputy City Manager and Chief Financial Officer.

The Executive Committee recommends that:

1.         City Council direct staff to continue to work towards the achievement of a Five-Year Capital Works delivery model that would secure a fixed rolling five-year capital program thereby permitting project leads to initiate earlier stakeholder engagement and to proceed with project scoping, pre-engineering and design several years in advance of the project’s scheduled implementation date, resulting in predictable schedules and costs.

2.          City Council request the City Manager to enact and implement as soon as possible a “Project Lead” position, as there is a need to improve efficiency and timeliness of construction projects on the Transportation Right-of-Way. Using existing approved budget, the “Project Lead” will:

A.        Review and approve the timelines for project construction/completion;

B.        Approve the completion date prior to commencement of the project;

C.        Have decision-making authority on matters that would result in timely completion of the project; and

D.        Be accountable for any delays.

The Executive Committee received the item for information.

The Executive Committee recommends that:

1.         City Council approve $3,950,000 in financial assistance under the City's Home Ownership Assistance Program, in the form of grants by way of forgivable loans from the Development Charges Reserve Fund (2009) for Subsidized Housing (XR2116) for the following not for profit affordable home ownership housing projects selected through Request for Expressions of Interest No. 9155-10-7150 up to the following amounts:

2.         City Council grant authority for the City to enter into a delivery agreement with each of the above-mentioned not for profit corporations or such other associated parties as the City deems appropriate, for the delivery and administration of the home ownership assistance being provided from the City's Development Charges Reserve Fund (2009) for Subsidized Housing (XR2116), on terms and conditions determined by the Director Affordable Housing and in a form approved by the City Solicitor.

3.         City Council grant authority for the Director Affordable Housing to execute the delivery agreement and any other agreements or documents required to give effect to the foregoing and to administer the ongoing grants by way of forgivable loans.

4.         City Council grant authority for the Director Affordable Housing to determine when the above projects have reached an adequate and appropriate stage in terms of City Planning approvals and construction readiness to allow the funding to be securely advanced.

5.         City Council grant authority to the City Solicitor to execute any documents required to register security for the loans and to postpone, confirm the status of and discharge the loans.

6.         City Council increase the 2010 Approved Operating Budget for Shelter, Support and Housing Administration (SSHA) by $3,950,000 gross $0 net to provide additional funding for the five affordable housing projects recommended in the report (July 26, 2010) from Deputy City Manager Sue Corke and Director, Purchasing and Materials Management.

7.         City Council direct that the report (July 26, 2010) from Deputy City Manager Sue Corke and Director, Purchasing and Materials Management be forwarded to the Minister of Municipal Affairs and Housing, and the Minister be encouraged to provide additional funding for these housing

This report recommends funding for five new housing developments through the City’s new Home Ownership Assistance Program (HOAP). The City’s funding will assist in making a total of 395 homes more affordable for eligible Toronto purchasers.

Funding and program eligibility for the Home Ownership Assistance Program was approved by Council at its recent meeting in May 2010, at which time Council requested the Deputy City Manager and the Director of Purchasing and Materials Management report directly to the August 16, 2010 Executive Committee with a list of recommended homes.

City officials have now completed a Request for Expressions of Interest (REOI) with HOAP funding (REOI No. 9155-10-7150). The five developments recommended for Council’s consideration represent 395 homes and are put forward by two established non-profit affordable ownership housing groups: Habitat for Humanity Toronto and Home Ownership Alternatives.

In the last several years the City of Toronto has become more involved in supporting non-profit developers with affordable home ownership initiatives. Enhancing affordable ownership opportunities is consistent with Housing Opportunities Toronto: An Affordable Housing Action Plan 2010-2020, as adopted by Council in August 2009. The program funding under this REOI call is an example of Council’s commitment to assisting our non-profit partners in providing affordable ownership opportunities to low- and moderate-income Toronto households.

The Executive Committee recommends that:

1.         City Council amend City of Toronto Municipal Code Chapter 441, Fees, to show the golf fees net of taxes and adjusted for rounding as laid out in Attachment 1 to the report (July 21, 2010) from the General Manager, Parks, Forestry and Recreation.

2.         City Council approve the introduction of a pilot fee option enabling the purchase of a package of 10 sessions of early morning 18-hole round golf for adults and seniors at the Humber Valley Golf Course for $212.40, and that the City of Toronto Municipal Code Chapter 441, Fees, be amended to add this fee option.

This staff report is to recommend a minor amendment to Chapter 441 – Fees, of the City of Toronto Municipal Code, to show user fees for golf net of taxes, and introduce a new fee option at the Humber Valley golf course for seniors and adults as a pilot to encourage more play during off-peak times.

The current User Fee Schedule shows golf green fees inclusive of GST (5%).  Municipal Code section 441-3 stipulates that all fees are to be stated in the User Fee Schedule net of all taxes.  Therefore, this report updates the User Fee Schedule to show Golf fees net of taxes and with a minor rounding adjustment.  The rounding adjustment has no net financial impact and accounts for the ability to charge a flat dollar fee to the public.

The Division is also proposing a new discounted fee at Humber Valley Golf Course to increase usage during early morning periods. A 10-round package for early morning 18-hole round will be offered at a discount for senior and adult golfers.

The Executive Committee recommends that:

1.                City Council approve amending the 2010 Approved Operating Budget for Parks, Forestry and Recreation to include funding for the operating costs of the Centennial Ski/Snowboard Centre and North York Ski/Snowboard Centre in the amount of $541,784 gross and $392,610 revenue, and $149,174 net, funded from the 2009 surplus (to amend the allocation noted in EX40.40), for the 2010 winter season.

2.         City Council request that additional funding for the 2011 winter season be included in the 2011 Interim Estimates for Parks, Forestry and Recreation in the amount of $1,625,352 gross, $1,177,829 revenue, and $447,523 net. 

The Executive Committee recommends that:

1.         City Council direct Division Heads to continue to address those areas requiring action that are identified in Appendix 2 and Appendix 3 contained in the report (July 22, 2010) from the City Manager.

2.         City Council request the City Manager to submit a report to the next meeting of the Executive Committee providing a status report on employment equity issues with timelines for further reports and action strategies.

This report advises Council on the status of Access, Equity and Human Rights (AEHR) implementation and the 2009 AEHR achievements of City Divisions.

Achievements include the city-wide implementation of the “equity lens”, development of a strategic plan on Diversity and Positive Workplace, inclusion of performance measures on AEHR for management staff in annual performance planning, preparations to implement standards under the Accessibility for Ontarians with Disabilities Act (AODA) and the development of an Urban Aboriginal Framework for Toronto. Highlights of overall program implementation, including divisional achievements are provided in Appendix 1.

This report uses indicators to illustrate the progress being made at both the corporate and divisional levels in four broad program and service areas:

a.         City as an employer;

b.         Leadership, governance and building community capacity - Initiatives promoting an open and accessible City government which connects with and builds the capacity of diverse communities; 

c.         Economic participation – Initiatives that reduce poverty and advance prosperity for all residents and businesses; and

d.         Community programs and service delivery – Programs and services that respond to the needs of a diverse population and involve communities in setting policies and priorities for service delivery

Assessment of the 2009 achievements show that of the 110 indicators, 96  (87.3 per cent) depict  increased activity level, improved results or are stable, while 11 indicators (12.7 per cent) show areas requiring action.    This is an overall improvement over 2008 in which 79.3 per cent of the indicators showed positive or stable results and action was required for the remaining 20.7 per cent.

Appendix 1 presents the highlights on the achievements of the corporate AEHR program and divisional AEHR initiatives.  

Appendix 2 presents a summary of the indicators for 2009 AEHR achievements.  Appendix 3 provides the details of the indicators, including an introduction and definitions of terms.

The Executive Committee recommends that:

1.         City Council authorize the amendment of the original Loan Agreement, dated January 2008, between the City and the St. Lawrence Centre for the Performing Arts to change the maturity date of the loan from December 31, 2010 to June 30, 2012 under the same terms, conditions and interest rate as contained in the original Loan Agreement, with the addition of a revised repayment schedule contained in this report to reflect the extended maturity date.

2.         City Council direct that the St. Lawrence Centre be required to meet with the City Manager and the Deputy City Manager and Chief Financial Officer to discuss the Centre’s ability to continue to meet the loan payment schedule prior to presentation of a 2011/2020 Capital Budget proposal. 

This report seeks authority for Council to extend the maturity date of a loan from December 31, 2010 to June 30, 2012 that was provided by the City to the St. Lawrence Centre for the Performing Arts in 2008 to finance various capital improvements.  The original amount of the loan was $241,987.96 and the current balance payable as of June 30, 2010 is $196,102.32. 

The Executive Committee recommends that:

1.         City Council require the Toronto Transit Commission (TTC) to comply with the following:

a.         That the TTC submit budget requests in accordance with the City of Toronto’s Capital Budget and Plan Submission Guidelines and Instructions and Operating Budget Submission, Guidelines and Instructions manuals, and in accordance with budget targets as established by City Council and timelines as determined by the Deputy City Manager and Chief Financial Officer from time to time.

b.         That the City's policies and practices as outlined in Attachment 1 to the report (August 5, 2010) from the City Manager and Deputy City Manager and Chief Financial Officer apply to the TTC for all budget approvals, in-year budget adjustments, variance reports, and surplus dispositions.

2.         Council authorize the City Solicitor to introduce the necessary by-law for enactment by Council implementing the requirements set out in Recommendation (1) utilizing the City's powers under the City of Toronto Act, 2006 respecting the financial management of the City's local boards, including their financial relationship, budget submission requirements and adherence to City budget policies and procedures.

The Executive Committee recommends that:

1.         City Council direct staff to develop a business case for an online EventPal platform to streamline access to special events-related City services and permitting processes.

2.         City Council direct staff to report back to Executive Committee during the next term of Council on:

a.          The results of a corporate-wide review of special events-related permitting rules and requirements, to identify appropriate service standards.

b.         A corporate policy for special events fees.

3.         City Council direct that the proposed report recognize the tremendous contribution that special events make to the economic, social and cultural life of the City and its neighbourhoods, as well as contributing to the security of our residents.

4.         City Council request the Deputy City Manager, Cluster A, to:

i.          Integrate other City ABC stakeholders into the report, especially the Toronto Transit Commission and the Toronto Police Service.

ii.         Consider in the report, policies to minimize and eliminate fees charged to not-for-profit community organizations and neighbourhood groups.

This report recommends the development of a Customer Service Strategy for special events-related services offered by the City of Toronto, specifically support services, permitting applications and approvals. The Customer Service Strategy includes three key initiatives:

1.         A corporate-wide review of special events-related permitting rules and requirements, to identify appropriate service standards.

2.         A business case for the implementation of an online EventPal platform to streamline access to special events-related City services and permitting processes.

3.         A corporate policy for special events fees.

Follow-up recommendations and an implementation plan for each initiative will come before Executive Committee during the next term of Council.

The Customer Service Strategy will ensure that the City continues to support special events by building an application process that is customer-oriented and simple to navigate, having policies and procedures in place that are transparent and consistent, and by providing a consistent fee policy to support event organizers and advance the City’s strategic goals.

The Executive Committee recommends that:

1.          City Council adopt the confidential instructions to staff in Attachment 1 of the report (July 28, 2010) from the Treasurer and the City Solicitor.

2.          City Council direct that the confidential instructions by Council be released at the discretion of the City Solicitor, and the balance of the confidential attachment remain confidential as it contains information subject to solicitor/client and litigation privilege.

To provide an update on a confidential agreement among the City, the current property owner of 186 Bartley Drive, and the Trustee in Bankruptcy for the former registered owner of the property, concerning outstanding arrears of taxes on the subject property and the environmental remediation of the site. 

As this report considers litigation or potential litigation that affects the City, and pertains to security of property belonging to the City, and contains advice or communications that are subject to solicitor-client privilege, the information concerning this agreement and staff recommendations in this regard are being provided as confidential material.

The Executive Committee recommends that:

1.         City Council direct that the 2011 interim levy for all property classes be based on 50 per cent of the total 2010 taxes billed for each property, adjusted, as necessary, to reflect any additional taxes added to the previous year's taxes as a result of assessment added to the tax roll.

2.         City Council direct that the 2011 interim levy by-law provide that the interim levy will apply to assessments added to the tax roll for 2010 that were not on the assessment roll when the by-law was passed.

3.         City Council direct that the Interim Bill payment due dates for property tax accounts paid on the eleven (11) instalment pre-authorized payment plan be: February 15, March 15, April 15, May 16, and June 15, 2011.

4.         City Council direct that the Interim Bill payment due date for the two (2) instalment pre-authorized payment plan be March 1, 2011.

5.         City Council direct that the Interim Bill payment due dates for all other property tax accounts on the regular instalment option or on the six (6) instalment pre-authorized payment plan be: March 1, April 1, and May 2, 2011.

6.         City Council provide authority for:

a.         The collection of interim taxes.

b.         Imposing a penalty charge for non-payment of interim taxes at a rate of 1.25 per cent of taxes due and unpaid and the addition of such charges on the first day of default.

Imposing an interest charge on all outstanding taxes accruing from the first day of default at a rate of 1.25 per cent per month.

7.          City Council grant authority for the introduction of the necessary bill in Council on December 7 and 8, 2010, providing for the levying and collection of the 2011 interim taxes prior to the adoption of the estimates for 2011, which by-law, when enacted, will be effective as of January 1, 2011.

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

The Executive Committee recommends that:

1.         City Council approve, in principle, the creation of a public square, as a community, tourist and business focal point within Emery Village, including a flagpole intended to be the tallest in North America, conditional on the successful negotiation of all agreements contained in Recommendations 2, 3 and 4.

2.         City Council authorize the Deputy City Manager and Chief Financial Officer to negotiate with the Board of the Emery Village BIA on a comprehensive agreement such that there be no cost to the City for the acquisition, initial implementation, future development and ongoing operation and maintenance of the flagpole and subject site.

3.         City Council direct the City Manager to consult with the Emery Village BIA and appropriate City staff and develop an operating model and any appropriate agreement for the management and administration of the public square within the existing structure of the Board of the Emery Village BIA.

4.         City Council authorize the Director of Real Estate Services to enter into negotiations to purchase the lands bounded by Arrow Road, Finch Avenue West and Highway 400 (known as 1111 Arrow Road), conditional upon achievement of agreements with the Emery Village BIA to finance the cost of acquisition, development and operation of the square in accordance with Recommendation 2 and an agreement on an appropriate operating model in accordance with Recommendation 3 in the report (August 5, 2010) from the General Manager, Economic Development and Culture.

5.         City Council direct the Deputy City Manager and Chief Financial Officer to report back to Council through the appropriate Committees on the outcome of the negotiations and consultations, and to seek approval for any agreements and required budget adjustments, pertaining to Recommendations 2, 3 and 4 in the report (August 5, 2010) from the General Manager, Economic Development and Culture.

6.         City Council request the Emery Village BIA to consider partnering with the Toronto Parking Authority in establishing lots to service the tourism potential of this installation.

7.         City Council request the Emery Village BIA to give consideration to partnering with the CNE Association in establishing a permanent amusement park on site to help finance the project.

The Executive Committee recommends that:

1.         City Council amend the City of Toronto Municipal Code, Chapter 591, Noise, as per the amendments set out in Appendix A to the report (August 3, 2010) from the Executive Director, Municipal Licensing and Standards.

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

The Executive Committee recommends that:

1.

a.         City Council approve a renewal of  a capital loan guarantee on behalf of Artscape to its financial institution in the amount of $250,000 (inclusive of all interest payable by Artscape), commencing on January 1, 2011 and ending on December 31, 2014 for the Distillery District Studios.

b.         City Council approve a renewal of a capital loan guarantee on behalf of Artscape to its financial institution in the amount of $3,200,000 (inclusive of all interest payable by Artscape), commencing on January 1, 2011 and ending on December 31, 2014 for the Wychwood/Green Arts Barn project.

c.         City Council enter into two agreements with Artscape with respect to the capital loan guarantees.

d.         City Council enter into two tri-party agreements with Artscape and its financial institution(s) with respect to the capital loan guarantees.

2.         City Council direct that such guarantees 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.         City Council 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 December 31, 2014.

4.         City Council direct that Artscape provide the Deputy City Manager and Chief Financial Officer with their 2011 to 2014 inclusive audited financial statements when they become available.

5.         City Council direct that the two guarantees be deemed to be in the interest of the municipality.

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

The Executive Committee recommends that:

1.         City Council endorse, in principle, the “Stacked Option” as the preferred design option at 85 and 95 Commissioners Street.

2.        City Council direct staff to include consideration of this project in the 2011 Capital Budget process and further refine costing estimates for the project.

3.        City Council request the Province to implement Tax Increment Financing in the waterfront revitalization area and direct staff to explore the potential for applying this form of financing towards the proposed sports facility.

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

5.         City Council direct that due consideration be given to the City's Bird-Friendly Development Guidelines, and that all efforts be made to employ mitigation strategies during the Site Plan process for the sports centre, given that this area is part of the North American migratory flyway.

The Executive Committee recommends that:

1.         City Council establish the North York Arena Reserve Fund as set out in Appendix #1 in the report (August 3, 2010) from the Deputy City Manager and Chief Financial Officer, for the purpose of providing a source of funding for the construction of a new twin-pad arena within the vicinity of the Don Mills Centre.

2.         City Council establish the Edithvale Land Acquisition Reserve Fund as set out in Appendix #2 in the report (August 3, 2010) from the Deputy City Manager and Chief Financial Officer, for the purpose of providing a source of funding for expanding Edithvale Park by the acquisition of additional land.

3.         City Council establish the Animal Services Efficiency Reserve Fund as set out in Appendix #3 in the report (August 3, 2010) from the Deputy City Manager and Chief Financial Officer, for the purpose of funding debt charges arising from the South Regional Animal Centre and staff be authorized to apportion the current funds in the Public Health Efficiency Reserve Fund and this account based on the proportional contributions to date.

4.         City Council direct that the purpose of the Public Health Efficiency Reserve Fund be changed to 'this account will be used to fund debt charges arising from the Toronto Community Health Information System'.

5.         City Council direct that the following accounts be closed and be deleted from Municipal Code 227 because they have zero balances:

6.         City Council direct that funds be transferred as noted below, and once so transferred the Legal Vehicle account should be closed and deleted from Municipal Code Chapter 227:

7.                  City Council amend Toronto Municipal Code Chapter 227, Reserves and Reserve Funds, in accordance with Recommendations 1 – 6.

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

The Executive Committee recommends that:

1.         City Council authorize the Director of the Toronto Environment Office to negotiate and execute license agreements for sharing the Climate Change Risk Assessment Process and Tool, at no cost, with interested government Ministries, academic institutions and not-for-profits within the Province of Ontario identified in Attachment 1 in the report (August 3, 2010) from the Director, Toronto Environment Office, or those residing in Ontario meeting the criteria identified in Attachment 1, at his discretion, on terms outlined in Attachment 2 in the report (August 3, 2010) from the Director, Toronto Environment Office,and otherwise on terms and conditions satisfactory to the Director of the Toronto Environment Office and in a form satisfactory to the City Solicitor.

2.         City Council authorize the Director of the Toronto Environment Office, in conjunction with the Deputy City Manager and Chief Financial Officer, to negotiate and execute license agreements, including cost recovery considerations which may be offset by in-kind resources, in order to provide the Climate Change Risk Assessment Process and Tool to parties outside of Ontario identified in Attachment 1 in the report (August 3, 2010) from the Director, Toronto Environment Office,or those outside of Ontario meeting the criteria identified in Attachment 1 or for-profit parties, at his discretion, on terms outlined in Attachment 2 in the report (August 3, 2010) from the Director, Toronto Environment Office, and otherwise on terms and conditions satisfactory to the Director of the Toronto Environment Office, and the Deputy City Manager and Chief Financial Officer, and in a form satisfactory to the City Solicitor.

3.         City Council direct the Director of the Toronto Environment Office to report back to Executive Committee and City Council on the sharing of the Climate Change Risk Assessment Process and Tool within two years.

The Climate Change, Clean Air and Sustainable Energy Action Plan (the “Climate Change Action Plan”) adopted by City Council in July 2007, specified the development of a Climate Change Adaptation Strategy, which was subsequently adopted by City Council in July 2008.  One of its key components is the development of a process to identify and prioritize risks and identify, assess and implement adaptation actions that will reduce the City’s vulnerability to changing weather patterns including more frequent and severe extreme weather events generated by climate change.

To fulfill this vulnerability component of the Climate Change Adaptation Strategy, the Toronto Environment Office has developed "Toronto's Climate Change Risk Assessment Process and Tool ("the Risk Assessment Tool”) with significant international benchmarking and stakeholder engagement.  The Risk Assessment Tool is a computerized software program that helps service and infrastructure providers prioritize high risk climate change impacts and identify the need for adaptation actions to reduce the severity of those impacts and therefore reduce risk.  

The engagement process has resulted in a strong stakeholder interest in gaining access to this Risk Assessment Tool to help strengthen their ability to respond to climate change.  This Staff Report identifies the merits of sharing the Risk Assessment Tool with interested government Ministries, academic institutions and not-for-profits within the Province of Ontario and recommends that City Council permit the Director of the Toronto Environment Office, in conjunction with the Deputy City Manager and Chief Financial Officer, to licence, with consideration to cost recovery, to other interested parties.

The Executive Committee recommends that:

1.         City Council delegate to the City Manager authority to approve and submit, on behalf of the City of Toronto and on terms satisfactory to the City Manager, an offer to acquire from the Toronto Lands Corporation (Toronto District School Board) a portion of the property, municipally known as 1251 Bridletowne Circle, which portion shall include the former school building and associate parking areas, such agreement to be conditional on the necessary funding becoming available from the Land Acquisition Reserve Fund or other funding source, all in a form satisfactory to the City Solicitor.

2.         City Council authorize each of the Chief Corporate Officer and the Director of Real Estate, severally, to execute the offer and any other documents relevant to the transaction on the City's behalf.

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

4.         City Council request the Public Assets Working Group to undertake to develop a special policy pilot project for the schools serving the Lawrence Heights Revitalization including but not limited to:

-           Baycrest School
-           Sir Sandford Fleming Secondary School
-           Bathurst Heights Secondary School
-           Flemington Road Public School
-           Lawrence Heights Middle School
-           Our Lady of Assumption School

and all school sites identified within the Lawrence Heights Revitalization Area.

5.         City Council direct that consideration be given by the City to acquiring or leasing Sir Sandford Fleming Secondary School to provide facilities to Phase I of the Lawrence Heights Revitalization Plan currently being reviewed by the Planning Division for possible operation on an “Edithvale” model.

The Executive Committee recommends that:

1.                  City Council continue to target the previously approved Culture Plan cultural investment goal of $25 per capita by Operating Budget 2013.

2.                 City Council recognize that Arts and culture investment through the Community Partnership and Investment Program (Toronto Arts Council; Major Cultural Organizations; Local Arts Service Organizations) and Community Arts as the highest arts and culture funding priority.

3.                 City Council direct the General Manager of Economic Development and Culture to review the capital needs of non-City owned cultural facilities and report back during the 2011 Budget process on the best way for the City to invest and leverage Provincial and Federal investments in these facilities.

4.                 City Council direct the General Manager of Economic Development and Culture to reflect the priority outlined in Recommendations no. 1 and no. 2 in the report (July 22, 2010) from the General Manager, Economic Development and Culture, when submitting business cases for the 2011 Community Partnership and Investment Program as part of the 2011 Budget process.

5.         City Council request the General Manager of Economic Development and Culture to report to the Executive Committee before the Operating Budget 2014 process on:

a.         The status of per capita funding in Montreal and Vancouver.

b.         A strategy to achieve comparable per capita funding.

The Executive Committee recommends that:

1.        City Council amend Chapter 71, Financial Control, of the Toronto Municipal Code S71-19 to provide, during an election period and in other circumstances when Standing Committees and Council do not have any regularly scheduled meetings for a period of two months or longer, an extended authority to the City Manager to accept and spend donated funds in excess of $50,000 and up to $500,000 in respect of a program or capital project provided that:

a.         The donation has not been solicited by the City through a fundraising campaign or otherwise.

b.         The donation is not conditional upon and does not involve a proposal to name or rename a City asset.

c.         The donation complies with the City's Donation Policy.

d.         The City Manager report any donations expended pursuant to this section to Council through Executive Committee at the next available opportunity.

2.                  City Council amend Chapter 71, Financial Control, of the Toronto Municipal Code, S71-9 E. (3) to provide an extended authority to the Chief Financial Officer to approve reallocations of budget between capital projects not exceeding $1 million during an election period and in other circumstances when Standing Committees and Council do not have any regularly scheduled meetings for a period of at least two months.

3.         City Council delegate to the Board of Directors of the Toronto Atmospheric Fund the authority to approve, on behalf of Council, transactions described in subsections 11(8) and 11(9) of the Toronto Atmospheric Fund Act, 2005, provided that:

4.         City Council approve the transactions set out in Schedule A to the report (July 31, 2010) from the City Manager as requested in the TAF Board report dated June 23, 2010.

5.         City Council request the City Manager to report on a protocol to be used in future to meet the requirements of the TAF Act while efficiently meeting the business needs of TAF.

6.         City Council grant authority for the introduction of the necessary bills to give effect hereto.

To help ensure continuity of City operations and activities during the election period and other extended Council recesses when Standing Committees and Council do not have regularly scheduled meetings, this report seeks delegated authority for the:

a.         City Manager to receive and spend donations over $50,000 and up to $500,000;

b.         Chief Financial Officer to approve any reallocation of budget between capital projects in an amount of not more than $1 million; and,

c.         Board of the Toronto Atmospheric Fund (TAF) to give prior approval, on behalf     of Council, to enter commitments which extend beyond the current term, limited            to a time frame prior to and immediately following municipal elections when    Council is not in session.  It further requests Council's approval of transactions      listed in Schedule A.

The Executive Committee recommends that:

1.         City Council approve the in-year adjustments to the 2010 Approved Capital Budget as detailed in Appendix 2 of the report (June 24, 2010) from the Deputy City Manager and Chief Financial Officer.

2.         City Council approve carry forward funding for unspent 2009 capital totalling $196.577 million as detailed in Appendix 3.1 of the report (June 24, 2010) from the Deputy City Manager and Chief Financial Officer, in order to continue work on these capital projects, and that the 2010 Approved Capital Budget be adjusted accordingly with no incremental impact on debt.

3.         City Council approve carry forward funding for unspent 2008 and prior year capital projects totalling $0.410 million with no incremental increase to the 2010 Council approved debt funding as detailed in Appendix 3.2 of the report (June 24, 2010) from the Deputy City Manager and Chief Financial Officer, and that the 2010 Approved Capital Budget be adjusted accordingly.

The Executive Committee referred Recommendation 4 of the Budget Committee to the Fire Chief and the Deputy City Manager and Chief Financial Officer for report directly to City Council on August 25, 2010.

"4.        City Council approve the donation of obsolete fire fighting equipment currently in Toronto Fire Services Inventory, consisting of 60 bunker suits and helmets, 40 pairs of firefighting boots and 6 Medical Equipment storage bags, which has no resale value in North America, to the Bulgarian Fire Services."

The Executive Committee recommends that:

1.         City Council grant authority to enter into an Agreement of Purchase and Sale with the Toronto District School Board to acquire the parking lot portion of the property municipally known as 80 Lothian Avenue, shown as Part 1 on Appendix “C” to the report (June 9, 2010) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation, at a purchase price of $1,735,733.00 plus applicable taxes and registration fees, estimated at $55,160.00 substantially on the terms outlined in Appendix “A-1” to the report (June 9, 2010) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation, and on such other terms and conditions as may be acceptable to the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

2.         City Council direct that the 2010 Approved Capital Budget for Parks, Forestry and Recreation be increased in the amount of $1,790,893.00 to be funded from the Land Acquisition Reserve Fund (XR-1012) for the acquisition of the parking lot portion of the property, ‘Fairfield Seniors’ Centre Parking Lot’.

3.         City Council acquire the open space portion of the property at 80 Lothian Avenue, and grant authority to enter into an Agreement of Purchase and Sale with the Toronto District School Board to acquire the open space portion of the property municipally known as 80 Lothian Avenue, shown as Parts 2, 3, 4, 5 & 6 on Appendix “C” to the report (June 9, 2010) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation, at a purchase price of $4,564,267.00 plus applicable taxes and registration fees, estimated at $147,370.00 substantially on the terms outlined in Appendix “A-2” to the report (June 9, 2010) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation, and on such other terms and conditions as may be acceptable to the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

4.         City Council direct that the 2010 Approved Capital Budget for Parks, Forestry and Recreation be increased in the amount of $4,711,637.00 to be funded from the Land Acquisition Reserve Fund (XR-1012) for the acquisition of the open space portion of the property ‘TDSB Lothian Avenue Site”.

5.         City Council consider directing any future Section 37 monies and direct cash-in-lieu of parkland dedication money over and above the initial 5% portion, from the date of Council approval forward, which are generated from development in Ward 5 within the local community of 80 Lothian, as determined in consultation with the local Councillor, back to the Land Acquisition Reserve Fund (XR-1012) up to a period of 3 years.

6.         City Council direct that if at the end of 3 years there has not been enough money collected to refund the Land Acquisition Reserve Fund, then Real Estate Services be requested to report back and Council consider the disposition of all or a portion of the asset.  If the disposition includes the portion of the property funded by Section 37 and cash-in-lieu of Parkland Dedication funds, these funds will be reallocated and invested within the local community and vicinity for park purposes.

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

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

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

The Executive Committee recommends that:

1.         City Council approve the finalization and entering into of the previously approved agreement with Clarity Outdoor Media Inc. including the terms and conditions as contained in the report and the attached Confidential Attachment 1 (July 27, 2010) from the Chief Executive Officer, Exhibition Place, and such other terms and conditions as may be satisfactory to the Chief Executive Officer and City Solicitor.

2.         City Council direct that the confidential information in Confidential Attachment 1 in the report (July 27, 2010) from the Chief Executive Officer, Exhibition Place, not be released publicly as it concerns the security of the property of the Board and the City, and contains advice subject to solicitor-client privilege in contemplation of litigation or potential litigation.

The Executive Committee recommends that:

1.           City Council enter into a lease agreement with 1673081 Ontario Ltd. for the Fountain Dining Room substantially on the terms and conditions contained in this report and Schedule “A” attached (July 27, 2010) from the Chief Executive Officer, Exhibition Place, and the Confidential Attachment 1 to this report and such other terms and conditions satisfactory to the Board’s Chief Executive Officer and the City Solicitor.

2.                  City Council direct that the confidential information contained in Attachments 1 to the report (July 27, 2010) from the Chief Executive Officer, Exhibition Place, not be released publicly in order to protect the competitive position and future economic interests of Exhibition Place and the City of Toronto.

The Fountain Dining Room (FDR) located within the Queen Elizabeth Building was built in 1957 and consists of a 5,690 sq ft dining room, two office/boardroom spaces, a lobby, washrooms and a commercial kitchen space location on the second floor above the Queen Elizabeth Building Executive offices.  Generally, the FDR is underutilized compared to other spaces on the grounds.  Exhibition Place rented the venue 18 days in 2008; 18 in 2009; and has 24 tentative or licensed bookings in 2010, to date, although Exhibition Place and the Canadian National Exhibition Association (CNEA) also hold their own internal board and committee meetings in the FDR.

One Goal of the 2009 Exhibition Place Strategic Plan was to “Maintain a positive operating financial performance across Exhibition Place and all of its businesses” with a specific objective of “diversifying our revenue base” through participation of the private sector in buildings that are underutilized.  Accordingly, on May 27, 2010 a Request for Proposal (RFP) was issued through the City of Toronto Purchasing Department for the opportunity of a long-term leasehold interest in the FDR. Three parties attended the mandatory site meeting on June 7, 2010; the RFP closed on June 18, 2010; and 1673081 Ontario Ltd. was the only party that submitted a proposal. Since 2006, 1673081 Ontario Ltd. has been a tenant at Exhibition Place at the Queen Elizabeth Theatre (QET).

Mr. Bruno Sinopoli is the principal of 1673081 Ontario Ltd. and its sole shareholder.  1673081 Ontario Ltd. is a company that has existed since 2006 but has no assets except for the leasehold interest in the QET and the assets that it has purchased for its ongoing business operations in the QET   Since 2006,  1673081 Ontario Ltd. has successfully brought more than 110 shows to the QET.   Mr. Sinopoli is also the sole shareholder of Corner Pocket Billiards Club Inc. which carries on business in the name of The MOD Club on College Street in Toronto.

1673081 Ontario Ltd. proposes to build upon its success in the QET by offering its customers and attendees greater entertainment options at Exhibition Place.  It will be investing approximately $800,000 in leasehold improvements in the FDR including upgrades to the kitchen, dining room and interior lobby.  Mr. Sinopoli has been in the restaurant and entertainment business for fifteen years operating the successful MOD Club venue for seven years and will be the on-site manager at the FDR.  The proposal for the FDR is to build onto his existing QET experience by adding a restaurant lounge experience for his customers / attendees.

The Executive Committee recommends that:

1.         City Council approve the confidential recommendations contained in Confidential Attachment 1a of the report (July 28, 2010) from the City Manager, entitled "Transit Security and Special Constable Services".

2.         City Council receive the letter (July 16, 2010) from the General Manager, Toronto Transit Commission, and confidential attachment.

3.         City Council direct that the Confidential attachments remain Confidential as they deal with personal matters about identifiable individuals.

The Executive Committee recommends that:

1.         City Council authorize the creation of one sub-project and the reallocation of funds in Facilities Management’s 2010 Approved Capital Budget and 2011-2019 Capital Plan in the amount of $1.191 million, as illustrated in Appendix 1 of the report
(July 27, 2010) from the Chief Corporate Officer, with zero gross and net impact.

The Budget Committee on August 9, 2010, considered a report (July 27, 2010) from the Chief Corporate Officer, entitled "Facilities Management 2010 Capital Budget Adjustments – 375 University Ave. Leasehold Improvements – Parking Application".

The Executive Committee recommends that:

1.         City Council grant authority, subject to approval of Recommendation No. 3 of the report (July 29, 2010) from the Chief Corporate Officer and the Director, Purchasing and Materials Management, to amend Purchase Order No. 6029461 with PCL Constructors Canada Inc. for the construction services and construction implementation of the Nathan Phillips Square Revitalization Project at Toronto City Hall. The total amendment request is $4,897,708.80 net of HST Recoveries ($4,813,000.00 net of all applicable taxes and charges), revising the current contract value from $28,000,000.00 to $32,813,000.00 net of all applicable taxes and charges.

2.         City Council authorize an increase to Facilities and Real Estate Approved 2010 Capital Budget and 2011-2019 Capital Plan in the amount of $2,536,819.00, and to allow Facilities Management to receive this funding from a 3rd party contributor, the Toronto Parking Authority (TPA), with a zero net impact.

The Budget Committee on August 9, 2010, considered a report (July 29, 2010) from the Chief Corporate Officer and the Director, Purchasing and Materials Management, entitled "Amendment to Purchase Order 6029461 – For the Pre Construction and Construction Services for the Nathan Phillips Square Revitalization Project".

The Executive Committee recommends that:

1.         City Council approve an increase in the 2010 Operating Budget for Transportation Services of $1.0 million gross and revenue of $1.19 million, resulting in a reduction of $0.19 million in the 2010 Approved Operating Net Budget for Transportation Services, as detailed in Table 1 of the report (July 26, 2010) from the General Manager, Transportation Services, with an offsetting adjustment in the Non-Program account, for additional Utility Cut Repair work.

The Budget Committee on August 9, 2010, considered a report (July 26, 2010) from the General Manager, Transportation Services, entitled "Transportation Services 2010 Operating Budget Net Zero Adjustment for Utility Cut Contracts".

The Executive Committee recommends that:

1.         City Council approve the cashflow adjustments and budget reallocations to Toronto Water’s approved 2010 Capital Budget and 2011-2019 Capital Plan, with a zero net impact, as detailed in Appendix 1 of the report (July 26, 2010) from the General Manager, Toronto Water.

The Budget Committee on August 9, 2010, considered a report (July 26, 2010) from the General Manager, Toronto Water, entitled "Toronto Water 2010 Capital Budget Cashflow Reallocations".

The Executive Committee recommends that:

1.         City Council approve an increase to the Economic Development and Culture 2010 2019 Capital Plan for the Fort York Visitor Centre of $4.085 million gross and zero net, funded by offsetting increases in third party donations and Section 37 contributions as outlined in Attachment 1 of the report (July 29, 2010) from the General Manager, Economic Development and Culture.

2.         City Council authorize the General Manager of Economic Development and Culture to issue tenders, through the Bid Committee, and award contracts for site preparation work for the Fort York Visitor Centre in the fall of 2010 in order to expedite the construction of the building in 2011 and the completion of the building for the Bicentennial of the War of 1812 in June 2012.

3.         City Council request City Agencies, Boards, Commissions and Divisions with jurisdiction over or interest in lands adjacent to the lands required for the construction of the Fort York Visitor Centre to fully cooperate in order to expedite completion of the building for the Bicentennial.

4.         City Council direct the City Manager to request the Province of Ontario to expedite their contribution to the Fort York Visitor Centre.

The Budget Committee on August 9, 2010, considered a report (July 29, 2010) from the General Manager, Economic Development and Culture, entitled "Economic Development and Culture: Capital Plan Adjustment – Fort York Visitor Centre".

The Executive Committee recommends that:

1.         City Council increase the Toronto Public Health 2010 Operating Budget by $289,973 gross and $0.0 net, and two temporary positions, to reflect confirmed one-time funding from the Ministry of Health Promotion for the Smoke-free Ontario Youth Engagement Strategy.

The Budget Committee on August 9, 2010, considered a report (July 27, 2010) from the Medical Officer of Health, entitled "Toronto Public Health 2010 Operating Budget Adjustment for Youth Engagement".

The Executive Committee recommends that:

1.         City Council approve a one-time budget adjustment of $2,439,397 and $0.0 net to the Toronto Public Health (TPH) 2010 Approved Operating Budget including $2,240,000 gross and $0.0 net to expand the existing community-based infrastructure of dental clinics, and $199,397 gross and $0.0 net to support initial start-up of the new Low Income Dental Program, with 100 per cent funding provided by the Ontario Ministry of Health and Long-Term Care.

2.         City Council approve the creation of an in-year Capital project to be added to the Toronto Public Health 2010 Approved Capital Budget for the acquisition of a mobile dental clinic in the amount of $450,000 with one-time 100 per cent funding provided by the Ministry of Health and Long-Term Care (MOHLTC).

3.         City Council approve a base budget adjustment of $2,848,809 gross and $0.0 net to the TPH 2010 Approved Operating Budget and 41 permanent positions with on-going 100 per cent funding provided by MOHLTC.

4.         City Council authorize the Medical Officer of Health to negotiate, award, amend and execute contracts with the following five agencies to construct and equip dental clinics in their facilities and that the contracts will be in a form that is satisfactory to the City Solicitor and the City Treasurer:

a.          Parkdale Community Health Centre;

b.          Anishnawbe Community Health Centre; 

c.         St. Michael’s Hospital; 

d.          Stonegate Community Health Centre; and 

e.          Carefirst Family Health Team.

5.         City Council authorize the Medical Officer of Health to negotiate, award, amend and execute purchase of service contracts for the ongoing implementation and delivery of the new dental program for children and youth in low-income families with the five agencies engaged to construct dental clinics and that the contracts will be in a form that is satisfactory to the City Solicitor.

6.         City Council request the Medical Officer of Health to report to the Board of Health and the Executive Committee in 2011 on the contracts awarded to the five agencies to construct and equip dental clinics, and annually on the purchase of service contracts awarded for the ongoing implementation and delivery of the new low income dental program.

The Budget Committee on August 9, 2010, considered a report (July 29, 2010) from the Medical Officer of Health, entitled "Toronto Public Health 2010 Budget Adjustments for Low Income Dental Program".

The Executive Committee recommends that:

1.         City Council grant authority to the Toronto Environment Office to administer the toxics reduction grants under the Live Green Community Investment Program, on an annual basis beginning in 2010, and to make any necessary adjustments to the Live Green Community Investment Program in order to accommodate the addition of the toxics reduction grants.

2.         City Council delegate authority to the Director, Toronto Environment Office and the Medical Officer of Health, to award funds, totalling $50,000 in 2010, for the toxics reduction grants under the Live Green Community Investment Program.

3.         City Council direct the Medical Officer of Health in collaboration with the Director, Toronto Environment Office to report annually to the Board of Health on the grants program and any proposed changes deemed necessary.

The Budget Committee on August 9, 2010, considered a report (July 29, 2010) from the Medical Officer of Health and the Director, Toronto Environment Office, entitled "Creation of ChemTRAC Toxics Reduction Grants Program through Live Green Toronto".

The Executive Committee recommends that:

1.         City Council authorize the reallocation of funds in SWMS’s 2010 Approved Capital Budget and 2011-2019 Capital Plan in the amount of $7.161 million as detailed in Table 1 of the Financial Impact section in the report (July 22, 2010) from the General Manager, Solid Waste Management Services and the Director, Purchasing and Materials Management, with zero gross and net impact.

2.         City Council authorize the General Manager, Solid Waste Management Services, to finalize negotiations and execute a sole-source agreement with CCI-TBN Toronto Inc. for the design, construction and commission of a new odour treatment system and a new anaerobic digestion system, for the construction of a new secondary containment structure and to replace the roof scrim and repair other deficiencies of the existing anaerobic digester, substantially on terms and conditions set out in Attachment 1 of the report (July 22, 2010) from the General Manager, Solid Waste Management Services and the Director, Purchasing and Materials Management Division, and such other terms as may be satisfactory to the General Manager Solid Waste Management Services, and in a form satisfactory to the City Solicitor.

3.         City Council, subject to the adoption of Recommendation (1), authorize the General Manager, Solid Waste Management Services, to execute an agreement with CCI-TBN Toronto Inc. be contingent upon the total cost of the new SSO facility not exceeding $10,932,000.00 net of HST recoveries, as follows:

a.         For the base scope of work including design, construction and commissioning of a new odour treatment system and a new anaerobic digestion system, design and construction of a new secondary containment structure and cleanout, repair and re-commissioning of the existing anaerobic digester, an amount not to exceed $9,197,603.00 net of HST recoveries.

b.         For provisional items, an amount not to exceed $ 508,800.00 net of HST recoveries.

c.         For contingencies an amount not to exceed $ 1,225,597.00 net of HST recoveries.

The Budget Committee on August 9, 2010, considered a report (July 22, 2010) from the General Manager, Solid Waste Management Services and the Director, Purchasing and Materials Management, entitled "Authority to Negotiate and Enter into a Sole Source Agreement for Repairs and New Construction at the Dufferin Organics Processing Facility".

The Executive Committee recommends that:

1.         City Council approve the cash flow adjustments and budget reallocations to Toronto Transit Commission's (TTC’s) approved 2010 Capital Budget and 2011-2019 Capital Plan, with a zero net impact, as detailed in Appendix 1 of the report (August 4, 2010) from the Chief General Manager, Toronto Transit Commission.

2.         City Council approve an increase in the budgeted contribution from the Provincial Gas Tax Revenues for Public Transit reserve fund (XR3018) in the amount of $1,270,790.

3.         City Council approve a contribution from the Public Transit Capital Trust reserve fund (XR3021) in the amount of $6,186,140.

4.         City Council request the Toronto Transit Commission to provide additional detail in the 2011 Capital Budget submission on how these adjustments will affect future year cash flow and project financing including debt funding.

The Budget Committee on August 9, 2010, considered a report (August 4, 2010) from the Chief General Manager, Toronto Transit Commission, entitled "Toronto Transit Commission 2010 Approved Capital Budget and 2011-2019 Capital Plan Adjustments".