The Executive Committee recommends that:

1.         City Council amend Part 5 of Appendix 1 in the report (January 18, 2010) from the Integrity Commissioner, to read as follows:

              "5.      If the outside Member wishes to involve City staff at a meeting in another Member's Ward, their request must be made only through the Deputy City Mangers or General Manager of the Division or Divisions."

2.         City Council adopt the Protocol for Member Involvement in Other Wards, attached as Appendix 1 to the report (January 18, 2010) from the Integrity Commissioner, as amended by Recommendation 1. above.

On September 28, 2005, Council adopted a report from the former Integrity Commissioner recommending that Council reaffirm the principle that a Member of Council may intervene on a ward matter in another Member’s ward, that the City Manager in consultation with the Integrity Commissioner prepare a Protocol for Council on Members of Council intervening on a ward matter in another Member’s ward, and amendments to the Code of Conduct for Members of Council reflecting the Protocol’s standards for intervention on a ward matter in another Member’s ward.

This report completes Council’s direction by proposing a Protocol that is aligned with the work done by the former Integrity Commissioner. The Code of Conduct for Members of Council does not require amendment at this time, because it includes a requirement that Members of Council follow protocols and policies put in place by Council.

The City Manager’s office has been consulted and is content that the proposed Protocol be brought to Council by the Integrity Commissioner.

The Executive Committee recommends that:

1.         City Council amend the Code of Conduct Complaint Protocol for Members of Council, Part B: FORMAL COMPLAINT PROCEDURE, section 1(6) as follows:

             In a municipal election year, a code of conduct complaint respecting a member who is seeking re-election may not be filed with the City Clerk during the period starting on Civic Monday (August 1 in 2010) and ending when a new City Council is deemed organized under section 185 of the City of Toronto Act 2006.

The current Code of Conduct Complaint Protocol for Members of Council, (“the Complaint Protocol”) does not permit formal complaints to be made to the Integrity Commissioner between Labour Day of an election year and the date that the new City Council is organized.

On December 15, 2009, the Province passed Bill 212, Good Government Act, which   amended the Municipal Elections Act 2006 and moved Election Day up to October 25, 2010. In anticipation of the passage of this Bill, City Council changed the Committee and Council meeting schedule for Fall 2010. The last regular City Council meeting before Election Day will now be held in August, instead of at the end of September as formerly planned.

In keeping with the new dates, this report recommends amending the Complaint Protocol and changing the date in an election year after which no formal complaints can be made from Labour Day to Civic Monday (August 1 in 2010).

The Executive Committee:

1.         Referred the report (January 18, 2010) from the City Solicitor and the City Clerk to the City Manager with a request that he report further to the Executive Committee for its meeting to be held on March 1, 2010, if possible, on the previous direction of Council, including using such outside expertise as he deems necessary.

2.         Referred the following motion by Councillor Moscoe to the City Manager for consideration:

"That:

1.         The City Clerk, on or before June 30, 2011, be instructed to establish a legal expenses reserve fund for any candidate who so requests in writing.

2.         Candidates shall be permitted to deposit into their legal expenses reserve fund surplus election campaign funds or any moneys raised subsequently to cover expenses related to a compliance audit to be held in trust to cover any legal expenses related to a compliance audit.

3.         Candidates may access these funds to cover compliance audit related expenditures that may arise either before or subsequent to June 30, 2011 at the discretion of Council.

4.         These reserve accounts will be held until the next municipal election at which time they will be discharged and all funds contained therein shall be transferred to the City Clerk to be applied to the cost of the next election.

5.         City Council adopt the principle that making a polling station accessible to the disabled shall be accomplished without seriously compromising the accessibility of the general electorate.

6.         If necessary, transporting electors may be used by the City Clerk as a means of respecting this principle.

7.         The City Clerk, on the basis of the quantum of the deficiencies in the voters lists for the last municipal election, put in place a contingency capacity for direct enumeration of electors to correct obvious deficiencies in voters lists as they arise.

8.         MPAC be advised that the City of Toronto intends to hold them accountable for the accuracy of the voters list.

9.         The Student Connect Program be expanded to include the hiring of students as election officials and as enumerators as required.

10.       Complaints be filed with the Ontario Human Rights Commission and the Ontario Ombudsman against MPAC, which despite repeated requests, has not adequately fulfilled its responsibility to enumerate tenants of multi-residential rental buildings for municipal elections, thereby denying them their right to full participation in the democratic process."

11.       Apart from any election related matters, Council establish the position of Independent Counsel to:

a.         provide independent advice and legal support to Members of Council on matters related to their role as elected officials.

b.         represent council and councillors with respect to their rights and positions as elected representatives in dealing with the beauraucracy and other orders of government.

c.         Advocate for and defend the rights of Council and its members in matters related to the interpretation of legislation and regulations that pertain to their rights and responsibilities as elected officials.

12.       The City Manager in consultation with the Treasurer, prepare an interim plan for establishing the Office of  Independent Counsel for consideration of Council at its February meeting, such plan to include:

a.         staffing;

b.         budget;

c.         accommodation

with a view to having this office up and running by May, 2010.

13.       Funds for the establishment of this office be taken from various legal and other related reserve funds until such time as a budget is prepared to cover subsequent years operation of this office."

This report provides an overview of the Multi-residential Apartment Building (“MRAB”) Audit Program that was launched on December 1, 2008, including an account of its key achievements, its challenges and issues, and enhancements conducted along the way.  It also addresses the direction from the Licensing and Standards Committee with respect to the Ward 17 pilot project at Symington Place and Pelham Park Gardens.

Municipal Licensing and Standards will expand the program in 2010 by auditing at least 200 buildings.  This increase will come on top of the ongoing follow-up on outstanding work and monitoring of long term rehabilitation at many of the 187 buildings audited in 2009.  Despite this increase in audit activity, the team will only be increased through the redeployment of two officers.  Much of the additional work will therefore be absorbed by achieving greater efficiencies through operational enhancements implemented on the basis of learning gained in the first year of the program.

Municipal Licensing and Standards will also be introducing a number of program enhancements, on the one hand making it easier for tenants to have property standards and related issues addressed more effectively and efficiently, and on the other providing landlords with more specific and timely information to help them identify, address, and get resolution to issues more expeditiously.

This report was prepared in consultation with Shelter Support and Housing Administration, Toronto Public Health, Toronto Fire Services, and Legal Services.  Many of the program enhancements were developed after meeting with both landlord and tenant groups in a variety of forums.

The Executive Committee recommends that:

1.         City Council extend congratulations to the following recipients of City of Toronto Scholarships at the University of Toronto:

Sadia Mahmood: Graduate Scholarship in Women’s Studies

Shannon Black: Undergraduate Scholarship in Women’s Studies

Melissa James: Scholarship in Aboriginal Health

Mary Ann Shoefly-Devries: Scholarship in Aboriginal Health

Amreen Moledina: Graduate Scholarship for Women in Mathematics.

 Kathy-Anne Morales: Undergraduate Scholarship in Community Health Nursing

             Winnie Wai Ling Sun: Graduate Scholarship in Community Health Nursing.

This report advises Council that the University of Toronto has selected the 2009-2010 recipients of City of Toronto scholarships.

Toronto City Council established a series of scholarships at the University of Toronto starting in 1984 with the Queen Elizabeth II Sesquicentennial Scholarship in Community Health Nursing. In 1985 the undergraduate scholarship in Women’s Studies was established.  Two aboriginal health scholarships were established in 1989. In 1997, graduate scholarships for Women in Mathematics, Women’s Studies and Community Health Nursing were established

 The Executive Committee recommends that:

1.         City Council donate one ambulance per year between 2010-2013 from Emergency Medical Services (EMS) to the Caravan of Hope, which will transport the vehicle to El Salvador.

2.         City Council direct that EMS permit not-for-profit-organizations the first right to purchase decommissioned surplus ambulances based on fair market appraisal, as determined by the General Manager, Fleet Services.

At its meeting on January 4, 2010, the Executive Committee requested staff to report on a proposal by Councillors Mihevc, Moscoe, Fletcher and Vaughan to donate to El Salvador one ambulance per year for the next four years and to provide right of first refusal to the Caravan of Hope for up to 13 additional retired EMS vehicles per year for four years, to be purchased at a pre-determined price.

This report recommends that Council not proceed with the proposal, outlines the policy and operational impacts of the proposal and the current status of the Toronto-Soyapango partnership, part of the Federation of Canadian Municipalities (FCM) Technical Partnership Program which will formally end in 2010.

The Executive Committee recommends that:

1.         City Council adopt the revised terms of reference set out in Appendix III of the report (January 18, 2010) from the Director, Toronto Environment Office, to be applied as the selection criteria for the Eco-Roof Incentive Program.

2.         City Council authorize the Director of the Toronto Environment Office to make future minor refinements to the Eco-Roof Incentive Program and minor amendments to the terms of reference set out in Appendix III of the report (January 18, 2010) from the Director, Toronto Environment Office.

3.         City Council direct that an institutional and commercial construction of less than 2,000 square meters be eligible for funding.

4.         City Council direct that the minimum contract requirement for commercial/institutional and industrial buildings remain at 50 percent.

5.         City Council set aside $100,000 of allocated funding from the Eco-Roof Program to seed fund a research and demonstration project on a new or existing industrial building in order to:

a.         Demonstrate that air conditioning units can operate more efficiently by drawing in the cooler air generated by a green roof given that research has shown that a one degree Celsius reduction in air temperatures entering the unit yields a 1 percent increase in operating efficiency saving energy and money.

b.         Explore the ability of green roofs to be paired with solar Photo Voltaic (PV) panels for increased efficiency of energy production and the most optimum designs for maximum power.  Research in Germany has demonstrated a 5 to 25 percent increase in the efficiency of solar PVs that operate above a cooler green roof.  The two sustainable roof initiatives need to be integrated.

6.         City Council direct that any refinements to the Eco-Roof Incentive Program and amendments to the terms of reference set out in Appendix III of the report (January 18, 2010) from the Director, Toronto Environment Office, be reported, along with an update on the status of the program, in an annual report to the Executive Committee.

The purpose of the Eco-Roof Incentive Program, launched in March of 2009, is to provide incentives to commercial, industrial and institutional (ICI) property owners so that Toronto’s building stock becomes more sustainable and better adapted to climate change. The program implements directions from the City’s Climate Change Action Plan and complements the City’s Green Roof Bylaw and the Green Standard by encouraging owners of existing buildings to retrofit their roof space. The Eco-Roof Program provides financial incentives towards the construction of green roofs that support vegetation and cool roofs that reflect the sun’s thermal energy.

In 2009, 49 Eco-Roof applications were received, 42 of which were approved for funding.  A total of 66,069 square meters of green and cool roof area was approved with a combined funding allocation of $762,089.00.

The purpose of this report is to provide an update on the status of the Eco- Roof Incentive Program and to provide a review of proposed revisions to the program terms of reference prior to its next funding round March 1, 2010. Revisions proposed to the Eco-Roof Incentive Program will ensure the program is consistent with the standards set in the Green Roof Bylaw and the Green Toronto Standard and will address issues that arose in the first year in criteria for eligibility, specifications and protocols for verification.

The Executive Committee recommends that:

1.         City Council authorize Corporate Finance Division staff to manage, jointly with the appropriate staff from the Region of York, the investment portfolio of the Move Ontario Trust.

2.         City Council authorize the Deputy City Manager and Chief Financial Officer to negotiate and execute the agreements required with the Region of York and the Move Ontario Trust to implement Recommendation 1. in the report (January 18, 2010) from the Deputy City Manager and Chief Financial Officer, and address the issues as set out in this report on terms and conditions satisfactory to the Deputy City Manager and Chief Financial Officer and the City Solicitor.

3          City Council direct that investment management fees received by the City from the Move Ontario Trust (MOT) be allocated to the City’s non-program interest/investment earnings account.

The Executive Committee recommends that:

1.         City Council approve the sale of the Toronto Hydro Promissory Note to the City’s debt issuance syndicate managers, RBC Dominion, CIBC Capital Markets and Scotia Capital who will place the Note(s) with investors.

2.         City Council authorize the Deputy City Manager and Chief Financial Officer to negotiate the terms for the sale of the Toronto Hydro Promissory Note with the City’s debt issuance syndicate managers (the “Sales Agreement”), including the pricing of the Note and commission payable based upon current interest rates and capital market conditions prevailing at the time of the sale, and to enter into the Sales Agreement on behalf of the City.

3.         City Council authorize the Deputy City Manager and Chief Financial Officer to assign the Toronto Hydro Promissory Note and to sign any necessary documents to give effect to the assignment, on behalf of the Holder.

4.         City Council direct that the City obtain a fairness opinion from a qualified third-party financial expert stating that the City has received a fair and equitable market price for the Note with the fee being deducted from the gross proceeds of the monetization.

5.         City Council authorize the Deputy City Manager and Chief Financial Officer to transfer funds from the Strategic Infrastructure Partnership Reserve Fund (XR1714) during 2010 to the Interest Income – Hydro Note Account in the Non-Program budget from the proceeds of the sale of the Note, equal to the difference between the interest payments payable from the Note and $29,946,055.67 that has been included in the 2010 preliminary operating budget.

6.         City Council approve the withdrawal of $600 million from the Strategic Infrastructure Partnership Reserve Fund during 2010 and the deposit of the $600 million into the City Sinking Fund to be used to prepay the Sinking Fund debentures identified in Appendix A of the report (January 19, 2010) from the Deputy City Manager and Chief Financial Officer.

7.         City Council request the Sinking Fund Committee to retire or pay down the balances remaining in the outstanding debentures as listed in Appendix A of the report (January 19, 2010) from the Deputy City Manager and Chief Financial Officer, using the proceeds received from the Note monetization.

8.         City Council approve the repeal of the borrowing by-laws identified in Appendix A of the report (January 19, 2010) from the Deputy City Manager and Chief Financial Officer, at such time as the following conditions have been met:

a.           Recommendation 6 has been implemented; and

b.           the City’s external auditor has audited the sinking fund balance and has in writing confirmed to the DCM/CFO that the balance, including any estimated revenue, is or will be sufficient to entirely repay all or part of the sinking fund debt for which the Sinking Fund was established as identified in Appendix A of the report (January 19, 2010) from the Deputy City Manager and Chief Financial Officer, on the date or dates the principal on such debt becomes due.

9.         City Council authorize the City Solicitor to introduce bills to Council to give effect to Recommendation 8 in the report (January 19, 2010) from the Deputy City Manager and Chief Financial Officer, at such time as the conditions set out in Recommendation 6 of the report have been met.

The Executive Committee recommends that:

1.                  City Council approve a one-time allocation of $350,000 from the year-end 2009 Toronto Water Operating Budget surplus to fund Toronto Water's cost of the water and sewer service connection to the Thackeray Park cricket grounds.

2.                  City Council direct the Deputy City Manager and Chief Financial Officer, in consultation with the appropriate City Divisions, to report back to Executive Committee on a policy for development-related fee rebates/grants for non-profit organizations.

Toronto 175 was adopted by City Council on September 24 and 25, 2008.

http://www.toronto.ca/legdocs/mmis/2008/cc/decisions/2008-09-24-cc24-dd.pdf

City Council authorized the Toronto 175 Steering Committee, led by Deputy Mayor Joe Pantalone, in collaboration with Cultural Services, Protocol, Toronto Office of Partnerships, Toronto Arts Council, Tourism Toronto and others, to develop themes, plans, programming and events that recognized, as well as commemorated this important milestone.  March 6, 2009, marked the anniversary of the incorporation of the City of Toronto with festivities concluding on December 31, 2009.

-           Theme:  The Toronto 175 anniversary themes were, “Heritage, Unity and Diversity”

-           Plan:  The plan was to develop successful outreach strategies with large and small organizations promoting civic engagement and civic pride.

-           Program: The goals were to enhance programming and special events for current City of Toronto initiatives and venues under the umbrella of Toronto 175.

-           Events: The objectives of the Toronto 175 Steering Committee was to develop strategies with external organizations that highlighted Toronto 175, either through partnerships to produce events or to cross promote partnership events under the banner of the 175th anniversary year.

Toronto 175 anniversary celebrations promoted a positive profile for Toronto for both residents and tourists.  The celebrations and partnerships linked the past, the present and future of Toronto within one anniversary year.  Over 700,000 members of the public engaged in celebrations that honoured Toronto’s heritage, unity and diversity.  Media coverage during partnerships and events were extensive.  The Toronto 175 Brand ID appeared on most marketing materials produced by the City of Toronto, as well as promotional materials created by Toronto 175 partners.  In 2009 Design Services produced approximately 1,700 promotional materials for the City of Toronto. As Toronto 175 concludes many lessons have been learned.  Toronto has grown into a world class city that is recognized around the world for its quality of life, its environmental stewardship and its multiculturalism. Toronto residents of all ages are eager to share their experiences as well as celebrate their diversity and unite with their fellow Torontonians.

The Executive Committee recommends that:

1.         City Council direct that the Deputy City Manager and Chief Financial Officer in consultation with the Chief Corporate Officer, develop and implement eligibility criteria, consistent with the criteria currently in place with necessary modifications, to address the characteristics of the Multi-family Residential sector, for the use of Sustainable Energy Funds for privately owned buildings that are undertaking comprehensive retrofits leading to significant energy savings and green house gas emission reductions.

2.         City Council direct that the total repayable loans to privately owned multi-family apartment sector participants be limited to totals of $5 Million from the Toronto Energy Conservation Fund and $5 Million from the Toronto Green Energy Fund for an overall total of $10 Million, until December 31, 2012.

3.         City Council direct that the purpose of the Toronto Green Energy Reserve Fund be amended to include its use as a revolving fund to provide support for renewable energy installations and to accommodate expansion of eligibility criteria to include privately owned multi-family residential buildings (4 stories or greater and a minimum footprint of 600 square metres) that are undertaking comprehensive retrofit projects.

4.         City Council direct that the purpose of the Toronto Energy Conservation Reserve Fund be amended to include its use as a revolving loan fund to provide support for energy conservation initiatives and to accommodate expansion of eligibility criteria to include privately owned multi-family residential buildings (4 stories or greater and a minimum footprint of 600 square metres)  that are undertaking comprehensive retrofit projects.

5.         City Council amend Municipal Code 227 (Reserves and Reserve Funds) in accordance with Recommendations 3. and 4. above.

6.         City Council direct that prior to December 31, 2012, the Chief Corporate Officer report back on the findings and outcome of the pilot program and recommendations regarding further private sector participation in the Sustainable Energy Fund Program.

7.         City Council direct that the Chief Corporate Officer report on the implications for including carbon credit and conservation demand management funding sources as transfers to and/or conditions of participation in the Sustainable Energy Fund program.

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