City Council on February 22 and 23, 2010 received Item EX40.1 for information.

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.

City Council on February 22 and 23, 2010, adopted the following:

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 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).

City Council on February 22 and 23, 2010, adopted the following:

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.

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

City Council on February 22 and 23, 2010, adopted the following:

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.

 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.

City Council on February 22 and 23, 2010, adopted the following:

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 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.

City Council on February 22 and 23, 2010, adopted the following:

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 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.

City Council on February 22 and 23, 2010, adopted the following:

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 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.

City Council on February 22 and 23, 2010, adopted the following:

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. 

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.

City Council on February 22 and 23, 2010, adopted the following:

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 Parts 3 and 4 above.

6.         City Council direct the Chief Corporate Officer to ensure that verification of compliance with the criteria is built into the program.

7.         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.

8.         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.

9.         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.

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.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council approve the construction of a Biogas Facility at the Toronto Zoo, pending the decision by the Board of Management of the Toronto Zoo to award the project to a successful proponent, following completion of the Request for Proposals process and after consultation with the Deputy City Manager and Chief Financial Officer and the City Solicitor.

2.         City Council request the Acting Chief Executive Officer of the Toronto Zoo, in conjunction with City staff involved in evaluating the Biogas Facility Request for Proposals, to report to the Executive Committee prior to making a commitment to a successful proponent, if any unfavourable impacts to future Capital or Operating Budgets or material concerns arise from the Request for Proposal process.