City Council

Meeting No.:
52
Contact:
Marilyn Toft, Manager
Meeting Date:
Wednesday, August 25, 2010

Thursday, August 26, 2010

Friday, August 27, 2010

Phone:
416-392-7032
Start Time:
9:30 AM
E-mail:
clerk@toronto.ca
Location:
Council Chamber, City Hall

CALL TO ORDER - 9:44 a.m.
 
Speaker Bussin took the Chair and called the Members to order.
 
The meeting opened with O Canada.

City Council - Routine Matters - Meeting 52

RM52.1 - Moment of Silence

Decision Type:
Presentation
Status:
Received
Wards:
All

City Council Decision

August 25, 2010

 

Members of Council observed a moment of silence and remembered the following persons who passed away:

 

            Jerry Belan

            Greg Rich

            George Herczeg

            Brian Milne

            Emad Rozik

            Robert (Bob) Chabot

            Robert  (Bob) Woadden

            John Yaremko, Q.C.

 

August 26, 2010

 

Members of Council observed a moment of silence and remembered the following person who passed away:

 

            Fred Johnson

Background Information (City Council)

Condolence Motion for Jerry Belan
https://www.toronto.ca/legdocs/mmis/2010/rm/bgrd/backgroundfile-33294.pdf
Condolence Motion for Greg Rich
https://www.toronto.ca/legdocs/mmis/2010/rm/bgrd/backgroundfile-33295.pdf
Condolence Motion for George Herczeg
https://www.toronto.ca/legdocs/mmis/2010/rm/bgrd/backgroundfile-33296.pdf
Condolence Motion for Brian Milne
https://www.toronto.ca/legdocs/mmis/2010/rm/bgrd/backgroundfile-33297.pdf
Condolence Motion for Emad Rozik
https://www.toronto.ca/legdocs/mmis/2010/rm/bgrd/backgroundfile-33298.pdf
Condolence Motion for Robert (Bob) Woadden
https://www.toronto.ca/legdocs/mmis/2010/rm/bgrd/backgroundfile-33299.pdf
Condolence Motion for John Yaremko, Q.C.
https://www.toronto.ca/legdocs/mmis/2010/rm/bgrd/backgroundfile-33300.pdf
Condolence Motion for Fred Johnson
https://www.toronto.ca/legdocs/mmis/2010/rm/bgrd/backgroundfile-33412.pdf
Condolence Motion for Robert (Bob) Chabot
https://www.toronto.ca/legdocs/mmis/2010/rm/bgrd/backgroundfile-33450.pdf

RM52.2 - Confirmation of Minutes

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council confirmed the Minutes of Council from the meeting held on July 6, 7 and 8, 2010, in the form supplied to the Members.

Motions (City Council)

Motion to Adopt Minutes moved by Councillor Adam Vaughan (Carried)

That City Council confirm the Minutes of Council from the meeting held on July 6, 7 and 8, 2010 in the form supplied to the Members.

RM52.3 - Introduction of Committee Reports and New Business from City Officials

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

Committee Reports and New Business Items were presented to City Council for consideration.

Motions (City Council)

1 - Motion to Introduce Report moved by Mayor David Miller (Carried)

That the Report from Meeting 46 of the Executive Committee listed on the Agenda of Council be presented for consideration.


2a - Motion to Introduce Report moved by Councillor Doug Holyday (Carried)

That the Report from Meeting 18 of the Audit Committee listed on the Agenda of Council be presented for consideration.


2b - Motion to Introduce Report moved by Councillor Doug Holyday (Carried)

That the Report from Meeting 19 of the Audit Committee listed on the Agenda of Council be presented for consideration.


3 - Motion to Introduce Report moved by Councillor Janet Davis (Carried)

That the Report from Meeting 35 of the Community Development and Recreation Committee listed on the Agenda of Council be presented for consideration.


4 - Motion to Introduce Report moved by Councillor Kyle Rae (Carried)

That the Report from Meeting 32 of the Economic Development Committee listed on the Agenda of Council be presented for consideration.


5 - Motion to Introduce Report moved by Councillor Bill Saundercook (Carried)

That the Report from Meeting 33 of the Government Management Committee listed on the Agenda of Council be presented for consideration.


6 - Motion to Introduce Report moved by Councillor Howard Moscoe (Carried)

That the Report from Meeting 32 of the Licensing and Standards Committee listed on the Agenda of Council be presented for consideration.


7 - Motion to Introduce Report moved by Councillor Norman Kelly (Carried)

That the Report from Meeting 40 of the Planning and Growth Management Committee listed on the Agenda of Council be presented for consideration.


8 - Motion to Introduce Report moved by Councillor Glenn De Baeremaeker (Carried)

That the Report from Meeting 35 of the Public Works and Infrastructure Committee listed on the Agenda of Council be presented for consideration.


9 - Motion to Introduce Report moved by Councillor Frances Nunziata (Carried)

That the Report from Meeting 39 of the Etobicoke York Community Council listed on the Agenda of Council be presented for consideration.


10 - Motion to Introduce Report moved by Councillor Maria Augimeri (Carried)

That the Report from Meeting 36 of the North York Community Council listed on the Agenda of Council be presented for consideration.


11 - Motion to Introduce Report moved by Councillor Mike Del Grande (Carried)

That the Report from Meeting 37 of the Scarborough Community Council listed on the Agenda of Council be presented for consideration.


12 - Motion to Introduce Report moved by Councillor Pam McConnell (Carried)

That the Report from Meeting 36 of the Toronto and East York Community Council listed on the Agenda of Council be presented for consideration.


13 - Motion to Introduce Report moved by Councillor Karen Stintz (Carried)

That the New Business from City officials listed on the Agenda of Council be presented for consideration.

RM52.4 - Petitions

Decision Type:
Information
Status:
Received
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010:

 

1.          received the following petitions and submissions for information:

 

a.         (August 25, 2010) submitted by Councillor Brian Ashton, Ward 36 - Scarborough Southwest, containing the signatures of approximately 1,736 residents of the Birchcliff area, respecting development of the Quarry Lands.

 

b.         (August 19, 2010) submitted by Councillor Doug Holyday, Ward 3 - Etobicoke Centre, from John Provenzano, Member, Emery Village BIA, forwarding a petition containing the signatures of approximately 91 persons, respecting the flagpole proposed for Finch Avenue West and Arrow Road.

 

             c.         (July 18, 2010) submitted by Councillor Cesar Palacio, Ward 17 - Davenport, containing the signatures of approximately 119 persons, respecting the playground at Geary Avenue Parkette.

 

d.         (August 5, 2010) submitted by Councillor Pam McConnell, Ward 28 - Toronto Centre-Rosedale, containing the signatures of approximately 44 persons, respecting electrical and chemical emissions from overhead wires.

 

e.         (August 25, 2010) submitted by Councillor Michael Walker, Ward 22 - St. Paul's, containing the signatures of approximately 96 persons, respecting the development proposal for Orchard View Boulevard and Duplex Avenue.

 

f.          (August 25, 2010) submitted by Councillor Karen Stintz, Ward 16 - Eglinton-Lawrence, containing the signatures of approximately 14 persons and 37 form letters, respecting the development proposal for Orchard View Boulevard and Duplex Avenue.

 

2.         referred the following petition to the Board of Management, Toronto Zoo:

 

a.          (August 25, 2010) submitted by Councillor Shelley Carroll, Ward 33 - Don Valley East, containing submissions from approximately 1,518 persons, respecting elephants at the Toronto Zoo.

Motions (City Council)

Petition Filed by Councillor Shelley Carroll (Carried)

That:

 

1.         City Council receive petitions and submissions 1a-f, for information.

 

2.         City Council refer petition 2a to the Board of Management, Toronto Zoo.

RM52.5 - Presentations, Introductions and Announcements

Decision Type:
Presentation
Status:
Received
Wards:
All

City Council Decision

Various presentations, introductions and announcements were made to City Council on August 25, 26 and 27, 2010.  Refer to the Minutes of the Meeting for details.

City Council Decision Advice and Other Information

August 25, 2010

 

City Council acknowledged the following Members on the occasion of their last meeting of City Council, and thanked them for their hard work and tremendous contributions:

 

- Councillor Brian Ashton

- Councillor Mike Feldman

- Councillor Adam Giambrone

- Councillor Case Ootes

- Councillor Kyle Rae

- Councillor Michael Walker.

 

Councillor Lindsay Luby advised Council that the St. George's Golf and Country Club had hosted the 2010 Canadian Open.  She commended and thanked the City staff who were involved in this significant event.

 

Mayor Miller welcomed The Hon. Jack Layton, MP, Leader of the Canadian New Democratic Party and former City Councillor, present at the meeting.

 

Mayor Miller offered his congratulations to Councillor Maria Augimeri on the occasion of her birthday, and extended best wishes on behalf of Council.

 

Mayor Miller announced that Councillor Denzil Minnan-Wong had recently been married and extended sincere congratulations.

 

Councillor Thompson welcomed members of the hockey community visiting Toronto to attend the Molson Canadian Hockey Summit.  The Summit was held in efforts to increase participation in local hockey.

 

August 26, 2010

 

Mayor Miller recognized the recipients of the 2010 Access, Equity and Human Rights Awards and called upon each to be recognized by City Council for their contributions:

 

Aboriginal Affairs Award:

 

            Angela Connors, and

            Kenn Richard

 

Disability Issues Award:

 

            Catherine Leitch

            Asif Syed, and

            the START Smart Program at Centennial Colllege

 

Pride Award:

 

            André Goh

 

Constance Hamilton Award:

 

            Cindy Cowan

            Tam Goossen, and

            Tonika Morgan

 

William P. Hubbard Award for Race Relations:

 

            jointly to Dr. Alvin Curling and The Hon. Roy McMurtry

            Courtney Betty, and

            Arnold Minors

 

Councillor John Filion addressed Council to acknowledge Mayor David Miller's final meeting of City Council.  He thanked Mayor Miller for his contributions and his integrity and wished him continued success.

 

Speaker Bussin, during the afternoon session of the meeting, introduced ESL Students from Education First, present at the meeting.

 

Councillor Feldman addressed Council and thanked the Members of Council for the camaraderie they have shown him during his time on Council. 

 

Councillor Shiner extended congratulations and best wishes to AV Technician Mike McGuckin and his wife Denise on the occasion of their 10th Anniversary.

 

August 27, 2010

 

Mayor Miller addressed Council to thank his colleagues and City staff, led by City Manager Joe Pennachetti, for the tremendous work they have done during the past term of Council.  He thanked Speaker Sandra Bussin for the integrity and ethics she has shown while chairing meetings of City Council, as well as Deputy Speaker Lindsay Luby for her contributions.

 

Mayor Miller, at the end of the meeting, thanked his staff for their support during his time as Mayor, and acknowledged his wife Jill, present at the meeting.

RM52.6 - Review of August 25, 2010 Order Paper

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council adopted the August 25, 2010 Order Paper, and all other Items not held on consent.

Motions (City Council)

Review Order Paper

August 25, 2010 at 10:13 a.m. - Speaker Bussin advised Council of the following:

 

            We have three deferred Items on the agenda.   Items PW34.8 and PW34.10 were deferred to this meeting.  Last year, Item NY25.1 was deferred until such time as building permits had been issued for the subject site.

 

            The Mayor has identified the following Key Matter - Planning and Growth Management Committee Item PG40.10, headed "Final Report and Statutory Public Meeting on the Draft Zoning By-law".   This will be our first Item of business.  There will be a presentation on the Zoning By-law.

 

            It is proposed that Council consider the other Items in agenda order with one exception.  I am advised by the City Solicitor that on Item EX46.3, headed “Divisional Court Decision on Payment of Legal Expenses for Compliance Audits and Defamation Actions”, our external legal counsel, Mr. Alan Lenczner, is only available after 600 p.m. tonight.  Accordingly, I am recommending that we deal with this matter as the first item in the closed session if necessary, and then complete the matter immediately after the closed session.  The Deputy Speaker will be in the Chair for that item.  The Mayor has given his consent to varying the order in the event we have not completed his key item.


Council is scheduled to meet in closed session at 6:00 p.m. tonight, if required.  Notices of Motions will be dealt with at 2:00 p.m. tomorrow, if the Mayor's Key Matter is completed.


1 - Motion to Amend the Order Paper moved by Councillor Michael Walker (Lost)

That City Council deem Item NY36.79, headed "Final Report - Rezoning Application - 58, 60, 64 and 68 Orchard View Boulevard and 439, 441, 443 and 445 Duplex Avenue", an Urgent Item and consider it on August 26, 2010, immediately after Council considers the Notices of Motions.

Vote (Amend the Order Paper) Aug-25-2010 11:14 AM

Result: Lost Majority Required - NY36.79 - Make the Item urgent
Total members that voted Yes: 6 Members that voted Yes are Sandra Bussin (Chair), Mike Del Grande, Rob Ford, Pam McConnell, Peter Milczyn, Michael Walker
Total members that voted No: 35 Members that voted No are Paul Ainslie, Brian Ashton, Maria Augimeri, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Mike Feldman, John Filion, Adam Giambrone, Mark Grimes, A.A. Heaps, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Joe Mihevc, David Miller, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan
Total members that were Absent: 4 Members that were absent are Paula Fletcher, Suzan Hall, Denzil Minnan-Wong, Ron Moeser

2 - Motion to Amend the Order Paper moved by Councillor Giorgio Mammoliti (Carried)

That City Council consider Item EX46.29, headed "Emery Village Business Improvement Area (BIA) - Monumental Flagpole and Public Square Project", on August 26, 2010 at 9:30 a.m.

Vote (Amend the Order Paper) Aug-25-2010 11:18 AM

Result: Carried Majority Required - EX46.29 - Consider at 9:30 a.m. on August 26, 2010
Total members that voted Yes: 26 Members that voted Yes are Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Glenn De Baeremaeker, Frank Di Giorgio, Rob Ford, Mark Grimes, Doug Holyday, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Peter Milczyn, David Miller, Ron Moeser, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Anthony Perruzza, Kyle Rae, Bill Saundercook, Michael Walker
Total members that voted No: 15 Members that voted No are Paul Ainslie, Shelley Carroll, Raymond Cho, Janet Davis, Mike Del Grande, Mike Feldman, John Filion, Adam Giambrone, A.A. Heaps, Cliff Jenkins, Norman Kelly, Gord Perks, David Shiner, Karen Stintz, Michael Thompson
Total members that were Absent: 4 Members that were absent are Paula Fletcher, Suzan Hall, Denzil Minnan-Wong, Adam Vaughan

3 - Motion to Amend the Order Paper moved by Councillor Mike Del Grande (Carried)

That City Council consider Item SC37.31, headed "2900 Warden Avenue - Official Plan and Rezoning Applications - Final Report" and Member Motion MM52.15, headed "Bridlewood Library Capital Project and Lease", together.


Motion to Adopt Order Paper as Amended (Carried)

August 25, 2010 at 11:17 a.m. - That Council adopt the August 25, 2010 Order Paper, as amended, and all other Items not held on consent.

Vote (Adopt Order Paper as Amended) Aug-25-2010 11:23 AM

Result: Carried Majority Required - Adopt Order Paper, as amended, and Items not held
Total members that voted Yes: 41 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Mike Feldman, John Filion, Rob Ford, Adam Giambrone, Mark Grimes, Suzan Hall, A.A. Heaps, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Peter Milczyn, David Miller, Ron Moeser, Howard Moscoe, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan
Total members that voted No: 1 Members that voted No are Michael Walker
Total members that were Absent: 3 Members that were absent are Paula Fletcher, Denzil Minnan-Wong, Frances Nunziata

4 - Motion to Extend the Meeting moved by Councillor Michael Thompson (Carried)

August 25, 2010 at 5:56 p.m.- That City Council extend the meeting and remain in session to complete Item PG40.10, headed "Final Report and Statutory Public Meeting on the Draft Zoning By-law", once the closed session portion of the meeting has ended.

RM52.7 - Review of August 26, 2010 Order Paper

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council adopted the August 26, 2010 Order Paper.

Motions (City Council)

Review Order Paper

August 26, 2010 at 10:03 a.m. - Speaker Bussin advised Council of the following:

 

            There are 87 Items left on the agenda.  Yesterday Council decided its first item today would be Item EX46.29, headed " Emery Village Business Improvement Area (BIA) - Monumental Flagpole and Public Square Project". 

 

            Following that Item, we will consider the remaining items in agenda order.  Member Motions will be considered at 2:00 p.m. today. 


Motion to Adopt Order Paper (Carried)

August 26, 2010 at 10:23 a.m. - That Council adopt the August 26, 2010 Order Paper.


1 - Motion to Amend the Order Paper moved by Councillor Ron Moeser (Lost)

August 26, 2010 at 3:21 p.m. - That Council amend the Order Paper to now consider Item EX46.13, headed "Personal Vehicle Tax - Refund Policy: Feasibility of Additional Refinements".

Vote (Amend the Order Paper) Aug-26-2010 3:26 PM

Result: Lost Two-Thirds Required - Moeser - Amend Order Paper
Total members that voted Yes: 18 Members that voted Yes are Paul Ainslie, Sandra Bussin (Chair), Raymond Cho, Glenn De Baeremaeker, Adam Giambrone, Mark Grimes, Suzan Hall, Doug Holyday, Cliff Jenkins, Gloria Lindsay Luby, David Miller, Ron Moeser, Case Ootes, Cesar Palacio, John Parker, Anthony Perruzza, Bill Saundercook, Michael Walker
Total members that voted No: 19 Members that voted No are Brian Ashton, Maria Augimeri, Shelley Carroll, Janet Davis, Mike Del Grande, Mike Feldman, John Filion, Rob Ford, A.A. Heaps, Norman Kelly, Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Frances Nunziata, Gord Perks, Kyle Rae, David Shiner, Michael Thompson, Adam Vaughan
Total members that were Absent: 8 Members that were absent are Frank Di Giorgio, Paula Fletcher, Chin Lee, Peter Milczyn, Denzil Minnan-Wong, Howard Moscoe, Joe Pantalone, Karen Stintz

2 - Motion to Amend the Order Paper moved by Councillor Mike Feldman (Carried)

August 26, 2010 at 6:45 p.m. - That Council amend the Order Paper to now consider Member Motion MM52.34, headed "Request to amend Chapter 693, Article II Elections Signs, to change the first date for the display of election signs from 25 days to 21 days prior to the election date in recognition of Jewish Holidays and the Jewish Sabbath". 


3 - Motion to Amend the Order Paper moved by Councillor David Shiner (Lost)

August 26, 2010 at 7:15 p.m. - That Council amend the Order Paper to consider Member Motions MM52.17, headed "2489 Bayview Avenue – OMB Hearing and Other Development Approvals" and  MM52.41, headed "2489 Bayview Avenue, Canadian Film Centre, Windfields Park", at 7:45 p.m.

Vote (Amend the Order Paper) Aug-26-2010 7:20 PM

Result: Lost Two-Thirds Required - Shiner - Amend the Order Paper
Total members that voted Yes: 23 Members that voted Yes are Maria Augimeri, Shelley Carroll, Raymond Cho, Janet Davis, Mike Del Grande, Frank Di Giorgio, John Filion, Paula Fletcher, Suzan Hall, A.A. Heaps, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson
Total members that voted No: 14 Members that voted No are Paul Ainslie, Brian Ashton, Sandra Bussin (Chair), Glenn De Baeremaeker, Rob Ford, Doug Holyday, Cliff Jenkins, Pam McConnell, David Miller, Howard Moscoe, Frances Nunziata, Anthony Perruzza, Adam Vaughan, Michael Walker
Total members that were Absent: 8 Members that were absent are Mike Feldman, Adam Giambrone, Mark Grimes, Giorgio Mammoliti, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser

4 - Motion to Extend the Meeting moved by Councillor David Shiner (Lost)

August 26, 2010 at 7:32 p.m. - That Council remain in session until 10:00 p.m.

Vote (Extend the Meeting) Aug-26-2010 7:41 PM

Result: Lost Two-Thirds Required - Shiner - Extend the meeting to 10:00 p.m.
Total members that voted Yes: 22 Members that voted Yes are Paul Ainslie, Maria Augimeri, Shelley Carroll, Janet Davis, Glenn De Baeremaeker, John Filion, Paula Fletcher, A.A. Heaps, Doug Holyday, Norman Kelly, Howard Moscoe, Frances Nunziata, Cesar Palacio, Joe Pantalone, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Adam Vaughan, Michael Walker
Total members that voted No: 16 Members that voted No are Brian Ashton, Sandra Bussin (Chair), Raymond Cho, Mike Del Grande, Frank Di Giorgio, Rob Ford, Suzan Hall, Cliff Jenkins, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Peter Milczyn, David Miller, Case Ootes, John Parker, Michael Thompson
Total members that were Absent: 7 Members that were absent are Mike Feldman, Adam Giambrone, Mark Grimes, Giorgio Mammoliti, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser
Ruling by Speaker Sandra Bussin
August 26, 2010 at 7:30 p.m. - Speaker Bussin advised Council that the meeting could not be completed that evening as the necessary bills would not be available until the next day.


5 - Motion to Extend the Meeting moved by Councillor Bill Saundercook (Carried)

August 26, 2010 at 7:52 p.m. - That Council remain in session until 9:00 p.m.

Vote (Extend the Meeting) Aug-26-2010 7:57 PM

Result: Carried Two-Thirds Required - Saundercook - Extend the meeting to 9:00 p.m.
Total members that voted Yes: 26 Members that voted Yes are Paul Ainslie, Brian Ashton, Shelley Carroll, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, John Filion, Paula Fletcher, A.A. Heaps, Doug Holyday, Norman Kelly, Chin Lee, Pam McConnell, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Adam Vaughan, Michael Walker
Total members that voted No: 9 Members that voted No are Maria Augimeri, Sandra Bussin (Chair), Raymond Cho, Mike Del Grande, Suzan Hall, Cliff Jenkins, Gloria Lindsay Luby, David Miller, Michael Thompson
Total members that were Absent: 10 Members that were absent are Mike Feldman, Rob Ford, Adam Giambrone, Mark Grimes, Giorgio Mammoliti, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Karen Stintz

RM52.8 - Review of August 27, 2010 Order Paper

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council adopted the August 27, 2010 Order Paper.

Motions (City Council)

Review Order Paper

August 27, 2010 at 9:43 a.m. - Speaker Bussin advised Council of the following:

 

            There are 15 Items left on the agenda.  We will consider the remaining items in agenda order.

 

            Sundown is at 8:02 p.m. which suggests that we should recess or adjourn before 6:30 p.m. tonight.


Motion to Adopt Order Paper (Carried)

August 27, 2010 at 9:49 a.m. - That Council adopt the August 27, 2010 Order Paper.


1 - Motion to Amend the Order Paper moved by Councillor David Shiner (Carried)

August 27, 2010 at 12:29 p.m. - That Council:

 

1.         remain in session past the 12:30 p.m. lunch recess in order to complete consideration of Member Motion 52.52, headed "Directing the City Solictor to defend the decision of Committee of Adjustment – 1258 The Queensway"; and

 

2.         consider Item NY36.79, headed "Final Report - Rezoning Application - 58, 60, 64 and 68 Orchard View Boulevard and 439, 441, 443 and 445 Duplex Avenue" as the first Item of business at 2:00 p.m.

City Council - Deferred Items - Meeting 52

PW34.8 - Transportation of Inflammable Liquids Over Subways

Decision Type:
ACTION
Status:
Amended
Ward:
8 - York West

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council amend former Municipality of Metropolitan Toronto By-law No. 72  to provide an exemption to the general prohibition such that the transportation of inflammable liquids would be permitted:

 

            a.         along or upon Finch Avenue West from Tangiers Road to Romfield Lane over the proposed LRT station; and

 

            b.         along or upon Keele Street between St. Regis Crescent and The Pond Road over the proposed subway.

  

2.         City Council direct the General Manager, Transportation Services, to undertake a feasibility study on potential new routing for tanker trucks to access Highway 400 and Highway 407 to reduce tanker trucks through the Keele/Finch intersection, and report thereon to the Public Works and Infrastructure Committee in early 2011.  The study to be done in consultation with affected oil companies.  

 

3.         City Council request the Deputy City Manager (Cluster B) to convene a meeting consisting of representatives of the Technical Standards and Safety Authority (TSSA), the oil companies, appropriate City officials (Fire, Transportation, Public Health, Police) and local Councillors, to  ensure there is a more transparent, understanding of the requirements relating to the handling and transportation of Inflammable materials.

 

4.         City Council direct the Deputy City Manager (Cluster B) to report to the Public Works and Infrastructure Committee, on regulatory requirements that apply to tank farms, tanker trucks and tank truck drivers and any other public safety assurance activities, and recommend a forum through which information can be shared with the local Community and Council.

 

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

Background Information (Committee)

PW34.8-Transportation of Inflammable Liquids Over Subways - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/pw/bgrd/backgroundfile-30676.pdf

Background Information (City Council)

Public Works and Infrastructure Committee Deferred Item PW34.8
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33272.pdf
(June 28, 2010) supplementary report from the General Manager, Transportation Services (PW34.8a)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33161.pdf
(July 16, 2010) supplementary report from the General Secretary, Toronto Transit Commission (PW34.8b)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33268.pdf
Background Attachments to PW34.8b
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33269.pdf
Attachment to PW34.8b - Toronto Transit Commission Report 20
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33276.pdf
(August 19, 2010) supplementary report from the General Manager, Transportation Services (PW34.8c)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33281.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Anthony Perruzza (Carried)

That:

 

1.         City Council direct the General Manager, Transportation Services, to undertake a feasibility study on potential new routing for tanker trucks to access Highway 400 and Highway 407 to reduce tanker trucks through the Keele/Finch intersection, and report thereon to the Public Works and Infrastructure Committee in early 2011.  The study to be done in consultation with affected oil companies.  

 

2.         City Council request the Deputy City Manager (Cluster B) to convene a meeting consisting of representatives of the Technical Standards and Safety Authority (TSSA), the oil companies, appropriate City officials (Fire, Transportation, Public Health, Police) and local Councillors, to  ensure there is a more transparent, understanding of the requirements relating to the handling and transportation of Inflammable materials.

 

3.         City Council direct the Deputy City Manager (Cluster B) to report to the Public Works and Infrastructure Committee, on regulatory requirements that apply to tank farms, tanker trucks and tank truck drivers and any other public safety assurance activities, and recommend a forum through which information can be shared with the local Community and Council.

Vote (Amend Item (Additional)) Aug-26-2010 2:27 PM

Result: Carried Majority Required - PE34.8 - Perruzza - Motion 1
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Mike Feldman, John Filion, Paula Fletcher, Rob Ford, Suzan Hall, A.A. Heaps, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Joe Mihevc, Peter Milczyn, David Miller, Ron Moeser, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Frank Di Giorgio, Adam Giambrone, Mark Grimes, Giorgio Mammoliti, Denzil Minnan-Wong

2 - Motion to Amend Item (Additional) moved by Councillor Joe Mihevc (Carried)

That City Council adopt the following recommendations contained in the report (June 28, 2010) from the General Manager, Transportation Services [PW34.8a]:

 

1.         City Council amend former Municipality of Metropolitan Toronto By-law No. 72 to provide an exemption to the general prohibition such that the transportation of inflammable liquids, along or upon Keele Street between St. Regis Crescent and The Pond Road over the proposed subway, would be permitted.

 

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


Motion to Adopt Item as Amended (Carried)

PW34.10 - Clarification of Council Direction - Steeles Avenue East at Tapscott Road and at Staines Road

Decision Type:
ACTION
Status:
Adopted
Ward:
42 - Scarborough-Rouge River

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council approve the installation of weekday AM Peak westbound to southbound left-turning prohibitions and PM Peak northbound to eastbound right-turning prohibitions at the intersection of Steeles Avenue East at Tapscott Road and direct that these installations be implemented once the Markham By-Pass extension from Highway 407 to Steeles Avenue East is approved and opened to public traffic.

 

2.         City Council approve the installation of weekday AM Peak (6:00 a.m. to 10:00 a.m.) westbound to southbound left-turn prohibitions and PM Peak (3:00 p.m. to 7:00 pm.) northbound to eastbound right-turning prohibitions at the intersection of Steeles Avenue East and Staines Road.

Background Information (Committee)

PW34.10-Clarification of Council Direction - Steeles Avenue East at Tapscott Road and at Staines Road - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/pw/bgrd/backgroundfile-30898.pdf
PW34.10-Clarification of Council Direction - Steeles Avenue East at Tapscott Road and at Staines Road - Attachment - Location Map
https://www.toronto.ca/legdocs/mmis/2010/pw/bgrd/backgroundfile-30899.pdf

Background Information (City Council)

Public Works and Infrastructure Committee Deferred Item PW34.10
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33273.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

NY25.1 - Draft By-law - To authorize the naming of the proposed private lane at 2, 4, 6 Basswood Road and 61, 65, 69 and 71 Churchill Avenue as "OMB Folly"

Decision Type:
ACTION
Status:
Referred
Ward:
23 - Willowdale

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council strike out the name “OMB Folly”.

 

2.         City Council refer this Item back to the North York Community Council to select a name following consultation with the purchasers of the new townhouses.

Statutory - City of Toronto Act, 2006

Background Information (Community Council)

Draft By-law - Naming of the proposed private lane at 2, 4, 6 Basswood Road and 61, 65, 69 and 71 Churchill Avenue as "OMB Folly"
https://www.toronto.ca/legdocs/mmis/2009/ny/bgrd/backgroundfile-20103.pdf
Draft By-law - Attachment 1 - Naming of the proposed private lane at 2, 4, 6 Basswood Road and 61, 65, 69 and 71 Churchill Avenue as "OMB Folly"
https://www.toronto.ca/legdocs/mmis/2009/ny/bgrd/backgroundfile-20104.pdf
Public Notice - Naming of the proposed private lane at 2, 4, 6 Basswood Road and 61, 65, 69 and 71 Churchill Avenue as "OMB Folly"
https://www.toronto.ca/legdocs/mmis/2009/ny/bgrd/backgroundfile-20105.pdf

Background Information (City Council)

North York Community Council Deferred Item NY25.1
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33270.pdf
(August 18, 2010) supplementary report from the Chief Building Official (NY25.1a)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33271.pdf

Communications (Community Council)

(March 9, 2009) Letter from Stephen Maizels, Hallstone Developments, submitting a letter from Charlene Shafer & Alan Fazeli and a petition with 14 signatures. (NY.Main.NY25.1.1)
(April 7, 2009) E-mail from Charlene Schafer and Alan Fazeli. (NY.Supp.NY25.1.2)
(April 13, 2009) E-mail from Carolyn Kim, Planner, Hallstone Developments, submitting two petitions, one containing 28 names and the other 11 names. (NY.Supp.NY25.1.3)
(April 17, 2009) E-mail from Carolyn Kim, Planner, Hallstone Developments, submitting a petition containing 10 names. (NY.New.NY25.1.4)
(April 17, 2009) Petition from Steve Mullins containing 3 names. (NY.New.NY25.1.5)
(April 20, 2009) E-mail from Carolyn Kim, Planner, Hallstone Developments, submitting a letter from Michal Matyjewicz and a petition containing 5 names. (NY.New.NY25.1.6)

Communications (City Council)

(August 24, 2010) E-mail from Carl Lemp (CC.Supp.NY25.1.7)
(August 24, 2010) Letter from Barry Waltman, President, Genesis Homes (CC.New.NY25.1.8)

Motions (City Council)

1 - Motion to Refer Item moved by Councillor Gloria Lindsay Luby (Carried)

That:

 

1.         City Council strike out the name “OMB Folly”.

 

2.         City Council refer this Item back to the North York Community Council to select a name following consultation with the purchasers of the new townhouses.

Executive Committee - Meeting 46

EX46.1 - Appointment of Members to the Compliance Audit Committee

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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 (July 22, 2010) 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 City Council for approval.

 

City Council appointed to the Compliance Audit Committee the following 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:

 

- Douglas Colbourne;

- John Hollins; and

- Virginia MacLean.

 

The balance of Confidential Attachment 1 to the report (July 22, 2010) from the City Manager, together with Confidential Attachments 1 and 2 to the report (May 31, 2010) from the City Clerk, remain confidential in their entirety, in accordance with the City of Toronto Act, 2006, as they contain information about identifiable individuals. 

Confidential Attachment - Personal matters about an identifiable individual, including municipal or local board employees

Background Information (Committee)

Appointment of Members to the Compliance Audit Committee
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32851.pdf
Appointment of Members to the Compliance Audit Committee - May 31, 2010 Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32852.pdf

EX46.2 - Proposal to Establish an Office of Independent Counsel and the Use of Grant Making Powers for Members' Legal Expenses

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council receive the report (June 1, 2010) from the City Manager, for information.

Background Information (Committee)

Proposal to Establish an Office of Independent Counsel and the Use of Grant Making Powers for Members' Legal Expenses
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-31996.pdf
Appendix A: Directions Related to the Proposal to Establish an Office of Independent Counsel
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-31995.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Howard Moscoe (Lost)

1.         City Council designate one of the 125 lawyers currently employed by the City of Toronto as Independent Counsel.

 

2.         City Council direct that the Terms of Reference for this position be:

 

a.         To represent the interests of Members of Council both collectively and individually in matters related to their function as elected representatives and members of Toronto Council.

 

b.         To advocate for the interests of Council and Members of Council in matters related to their rights as elected representatives.

 

c.         To report directly to City Council.

 

d.         To receive support as required from the City Manager in consultation with the Mayor and the City Clerk.

 

3.         City Council direct that staff support for the Independent Counsel be filled by the two positions presently allocated to Legal Services in the current budget as yet unfilled.

 

4.         City Council direct that the Independent Counsel position be up and running by January 1, 2011.

Vote (Amend Item (Additional)) Aug-26-2010 3:35 PM

Result: Lost Majority Required - EX46.2 - Moscoe - Motion 1
Total members that voted Yes: 12 Members that voted Yes are Maria Augimeri, Sandra Bussin (Chair), Glenn De Baeremaeker, Mike Del Grande, John Filion, Paula Fletcher, Mark Grimes, Cliff Jenkins, Chin Lee, Giorgio Mammoliti, Howard Moscoe, Anthony Perruzza
Total members that voted No: 20 Members that voted No are Paul Ainslie, Brian Ashton, Shelley Carroll, Raymond Cho, Janet Davis, Mike Feldman, Rob Ford, Suzan Hall, A.A. Heaps, Doug Holyday, Norman Kelly, Gloria Lindsay Luby, Frances Nunziata, Cesar Palacio, John Parker, Gord Perks, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that were Absent: 13 Members that were absent are Frank Di Giorgio, Adam Giambrone, Pam McConnell, Joe Mihevc, Peter Milczyn, David Miller, Denzil Minnan-Wong, Ron Moeser, Case Ootes, Joe Pantalone, Kyle Rae, Bill Saundercook, David Shiner

Motion to Adopt Item (Carried)

EX46.3 - Divisional Court Decision on Payment of Legal Expenses for Compliance Audits and Defamation Actions

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.          City Council instruct the City Solicitor and Counsel to continue the Motion for leave to appeal.

 

2.          City Council enact a by-law in the form of the bill attached to the motion by Mayor David Miller.

 

3.         City Council request the Province of Ontario to enact amendments to provincial legislation as set out in Appendix 1 to the report (August 23, 2010) from the City Solicitor.

 

4.         City Council receive the following reports for information:

 

              a.       (August 11, 2010) from the City Solicitor; and

 

              b.       (August 23, 2010) from the City Solicitor.

 

5.         City Council direct that the Confidential Attachments to the reports (August 11, 2010 and August 23, 2010) from the City Solicitor remain confidential in their entirety as they contain information related to litigation and solicitor-client privilege.

 

City Council also issued confidential instructions to staff, such instructions to remain confidential as they relate to litigation and are subject to solicitor-client privilege.

 

Confidential Attachment 2 to the report (August 11, 2010) from the City Solicitor, Confidential Attachment 1 to the report (August 23, 2010) from the City Solicitor, the confidential instructions issued to staff and the communication (August 25, 2010) from Michael Binetti, Affleck Greene McMurtry LLP, remain confidential in their entirety, in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice or communications that are subject to solicitor-client privilege and concern litigation affecting the City.

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on August 25, 2010, and considered confidential information on this Item as it contains advice or communications that are subject to solicitor-client privilege and it concerns litigation affecting the City.

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege

Background Information (Committee)

(August 11, 2010) Divisional Court Decision on Payment of Legal Expenses for Compliance Audits and Defamation Actions
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33028.pdf
(August 11, 2010) Attachment 1: Divisional Court Decision
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33029.pdf
Divisional Court Decision on Payment of Legal Expenses for Compliance Audits and Defamation - Placeholder Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32854.pdf

Background Information (City Council)

(August 23, 2010) supplementary report from the City Solicitor (EX46.3a)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33334.pdf
Public Appendix 1 headed "Proposed Amendments to the Municipal Elections Act, 1996 (MEA) and to the City of Toronto Act, 2006 (COTA), attached to the report (August 23, 2010) from the City Solicitor
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33335.pdf
Bill, attached to motion by Mayor David Miller
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33396.pdf

Communications (City Council)

(August 25, 2010) E-mail from Michael Binetti, Affleck Greene McMurtry LLP, to remain confidential in its entirety as it contains information related to litigation (CC.New.EX46.3.1)

Motions (City Council)

Report of Committee of the Whole

August 25, 2010 at 8:24 p.m. - Deputy Speaker Lindsay Luby advised that City Council had adopted confidential instructions to legal counsel on item EX46.3 - Divisional Court Decision on Payment of Legal Expenses for Compliance Audits and Defamation Actions.  Council would now proceed to the public debate on Item EX46.3.


1 - Motion to Amend Item moved by Mayor David Miller (Carried)

That:

 

1.         City Council receive the following reports for information:

 

              a.       (August 11, 2010) from the City Solicitor; and

 

              b.       (August 23, 2010) from the City Solicitor.

 

2.         City Council enact a by-law in the form of the bill attached to the motion by Mayor David Miller.

 

3.         City Council direct that the Confidential Attachments to the reports (August 11, 2010 and August 23, 2010) from the City Solicitor remain confidential in their entirety as they contain information related to litigation and solicitor-client privilege.

Vote (Amend Item) Aug-25-2010 8:39 PM

Result: Carried Majority Required - EX46.3 - Miller - Motion 1
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Brian Ashton, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Mike Feldman, John Filion, Paula Fletcher, Adam Giambrone, Mark Grimes, Pam McConnell, Joe Mihevc, David Miller, Howard Moscoe, Case Ootes, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, Adam Vaughan
Total members that voted No: 14 Members that voted No are Mike Del Grande, Rob Ford, Suzan Hall, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby (Chair), Peter Milczyn, Ron Moeser, Frances Nunziata, Cesar Palacio, Karen Stintz, Michael Thompson, Michael Walker
Total members that were Absent: 7 Members that were absent are Maria Augimeri, Sandra Bussin, A.A. Heaps, Doug Holyday, Giorgio Mammoliti, Denzil Minnan-Wong, David Shiner

2 - Motion to Amend Item (Additional) moved by Councillor Howard Moscoe (Carried)

That

 

1.         City Council request the Province of Ontario to enact amendments to provincial legislation as set out in Appendix 1 to the report (August 23, 2010) from the City Solicitor.

Vote (Amend Item (Additional)) Aug-25-2010 8:40 PM

Result: Carried Majority Required - EX46.3 - Moscoe - Motion 2
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Brian Ashton, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Mike Feldman, John Filion, Paula Fletcher, Adam Giambrone, Mark Grimes, Suzan Hall, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby (Chair), Pam McConnell, Joe Mihevc, Peter Milczyn, David Miller, Ron Moeser, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 1 Members that voted No are Rob Ford
Total members that were Absent: 7 Members that were absent are Maria Augimeri, Sandra Bussin, A.A. Heaps, Doug Holyday, Giorgio Mammoliti, Denzil Minnan-Wong, David Shiner

Motion to Adopt Item as Amended (Carried)

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Sandra Bussin - as she is named in the Item.
Councillor A.A. Heaps - as he is one of the Members of Council who went through a compliance audit.
Councillor Doug Holyday - as he is a party to the Action.
Councillor Giorgio Mammoliti - as he is one of the Members of Council who went through a compliance audit.

EX46.5 - Build Toronto - Annual General Meeting and Audited Annual Financial Statements

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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 30, 2010 entitled "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.

Background Information (Committee)

Build Toronto - Annual General Meeting and Audited Annual Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32858.pdf
Attachment 1: Build Toronto 2009 Annual Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32859.pdf
Attachment 2: Report of the Deputy City Manager and Chief Financial Officer dated July 30, 2010
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32860.pdf
Appendix A: 2009 Audited Annual Financial Statements of Build Toronto
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32861.pdf

EX46.6 - Start-Up Financing for Build Toronto

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

Start-Up Financing for Build Toronto
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32863.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

EX46.7 - Invest Toronto - Annual General Meeting and Audited Annual Financial Statements

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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 30, 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, entitled "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.

Background Information (Committee)

Invest Toronto - Annual General Meeting and Audited Annual Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32864.pdf
Attachment 1: Invest Toronto 2009 Annual Report dated July 30, 2010
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32865.pdf
Attachment 2: Report of Deputy City Manager and Chief Financial Officer dated July 30, 2010
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32866.pdf
Appendix A: 2009 Audited Annual Financial Statements of Invest Toronto
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32867.pdf

EX46.8 - Toronto Port Lands Company - Annual General Meeting and Audited Annual Financial Statements

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

Toronto Port Lands Company - Annual General Meeting and Audited Annual Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32868.pdf
Attachment 1: Toronto Port Lands Company Annual Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32869.pdf
Attachment 2: Report of the Deputy City Manager and Chief Financial Officer dated July 30, 2010
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32870.pdf
(August 10, 2010) Attachment 2 - Appendix A - Consolidated Financial Statements - City of Toronto Economic Development Corporation - December 31, 2008
Attachment 3: Report of the Deputy City Manager and Chief Financial Officer dated July 30, 2010
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32871.pdf
(August 10, 2010) Attachment 3 - Appendix A - Consolidated Financial Statements - City of Toronto Economic Development Corporation c.o.b. Toronto Port Lands Company - December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33017.pdf

EX46.9 - Enwave Energy Corporation - Contractual Issues

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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 Part 2 above.

 

4.         City 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.

 

Confidential Attachment 1 to the report (August 10, 2010) from the City Manager remains confidential, in its entirety, in accordance with the City of Toronto Act, 2006, as it contains information related to the security of property belonging to the City or one of its agencies, boards, and commissions.

Confidential Attachment - The security of the property of the municipality or local board

Background Information (Committee)

(August 10, 2010) Enwave Energy Corporation - Contractual Issues
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33042.pdf
Enwave Energy Corporation - Contractual Issues - Placeholder Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32872.pdf

EX46.10 - Composition of Board of Directors of Toronto Community Housing Corporation

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

Composition of Board of Directors of Toronto Community Housing Corporation
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32873.pdf

EX46.11 - Appointment of Chair, Toronto Hydro Corporation

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council  waive Section 3.3 of the Public Appointments Policy and nominate the person identified in Confidential Attachment 1 to the report (July 22, 2010) from the City Manager, 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 to the report (July 22, 2010) from the City Manager 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.

 

Confidential Attachment 1 to the report (July 22, 2010) from the City Manager is now public in its entirety and contains the name of the following person nominated 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:

 

-  Clare Copeland.

Confidential Attachment - Personal matters about an identifiable individual, including municipal or local board employees

Background Information (Committee)

Appointment of Chair, Toronto Hydro Corporation
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32874.pdf

Background Information (City Council)

Confidential information made public on September 3, 2010
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33443.pdf

EX46.13 - Personal Vehicle Tax - Refund Policy: Feasibility of Additional Refinements

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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

 

2.         City Council request the City Manager to report to the Executive Committee on a graduated refund system for the Personal Vehicle Tax in 2011.

Background Information (Committee)

Personal Vehicle Tax - Refund Policy: Feasibility of Additional Refinements
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32876.pdf

Motions (City Council)

1a - Motion to Amend Item (Additional) moved by Councillor Ron Moeser (Out of Order)

That City Council direct that all Seniors be exempt from the Personal Vehicle Tax regardless of income.

Ruling by Speaker Sandra Bussin (Upheld)
Speaker Bussin ruled motion 1a by Councillor Moeser out or order as it is beyond the scope of the Item being considered.
Challenged by Councillor Ron Moeser


1b - Motion to Amend Item (Additional) moved by Councillor Ron Moeser (Carried)

That City Council request the City Manager to report to the Executive Committee on a graduated refund system for the Personal Vehicle Tax in 2011.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Aug-26-2010 4:33 PM

Result: Carried Majority Required - EX46.13 - Adopt the Item, as amended
Total members that voted Yes: 30 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Mike Feldman, Paula Fletcher, Suzan Hall, A.A. Heaps, Doug Holyday, Cliff Jenkins, Norman Kelly, Gloria Lindsay Luby, Pam McConnell, Joe Mihevc, Peter Milczyn, Howard Moscoe, Frances Nunziata, John Parker, Gord Perks, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 15 Members that were absent are Shelley Carroll, John Filion, Rob Ford, Adam Giambrone, Mark Grimes, Chin Lee, Giorgio Mammoliti, David Miller, Denzil Minnan-Wong, Ron Moeser, Case Ootes, Cesar Palacio, Joe Pantalone, Anthony Perruzza, Kyle Rae

EX46.15 - Establishing Positions of Construction "Project Lead" for Capital Projects

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

Establishing Positions of Construction "Project Lead" for Capital Projects
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32879.pdf

EX46.17 - 450 Pape Avenue: Potential for Acquisition for Housing

Decision Type:
ACTION
Status:
Amended
Ward:
30 - Toronto-Danforth

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council authorize the Director of Real Estate Services to make an offer to purchase 450 Pape Avenue for conversion to affordable housing at no more than the appraised value of the property and subject to the satisfactory results of a building and site condition survey.

 

2.         City Council approve up to $1,900,000.00 in the form of a loan from the Land Acquisition Reserve Fund for the acquisition of 450 Pape Avenue from the Salvation Army.

 

3.         City Council approve up to $275,000.00 (with $213,560 to be refunded as a Municipal HST Rebate) in the form of a loan from the Land Acquisition Reserve Fund for the closing costs associated with the acquisition of 450 Pape Avenue from the Salvation Army, with the repayment of eligible rebates to the Land Acquisition Reserve Fund.

 

4.         City Council approve the repayment of the loans from the Land Acquisition Reserve Fund  with funds from future affordable housing funding sources and that the Director of the Affordable Housing Office report back within 12 months on the specific source of the funds.

 

5.         City Council authorize the City Solicitor to complete the purchase transaction on behalf of the City, including amending the closing or other dates to earlier or later date(s) and on such terms and conditions as she may from time to time consider reasonable.

 

6.         City Council direct that upon the acquisition of the site, the Deputy City Manager, through the Affordable Housing Office, request Toronto Community Housing Corporation to partner with the Toronto Arts Council or another arts organization, and the Co-operative Housing Federation of Toronto, to renovate and operate the site as non-profit co-operative housing for artists.

 

7.         City Council request the Deputy City Manager to prioritize new affordable housing funds to support the conversion and operation of 450 Pape Avenue as affordable housing.

 

8.         City Council request the Deputy City Manager to support the creation of affordable housing at 450 Pape Avenue through prioritizing the use of future funds contributed to the Capital Revolving Fund for Affordable Housing as a result of cash-in-lieu of rental replacement units that are approved for demolition in Ward 30.

 

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

  

10.       City Council receive the report (June 26, 2010) from Deputy City Manager Sue Corke, for information.

Background Information (Committee)

450 Pape Avenue: Potential for Acquisition for Housing
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32881.pdf

Background Information (City Council)

(August 24, 2010) supplementary report from Deputy City Manager, Sue Corke (EX46.17a)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33301.pdf

Motions (City Council)

1a - Motion to Amend Item (Additional) moved by Councillor Paula Fletcher (Carried)

That City Council adopt the following recommendations contained in the report (August 24, 2010) from Deputy City Manager Sue Corke [EX46.17a]:

 

1.         City Council approve up to $1,900,000.00 in the form of a loan from the Land Acquisition Reserve Fund for the acquisition of 450 Pape Avenue from the Salvation Army.

 

2.         City Council approve up to $275,000.00 (with $213,560 to be refunded as a Municipal HST Rebate) in the form of a loan from the Land Acquisition Reserve Fund for the closing costs associated with the acquisition of 450 Pape Avenue from the Salvation Army, with the repayment of eligible rebates to the Land Acquisition Reserve Fund.

 

3.         City Council approve the repayment of the loans from the Land Acquisition Reserve Fund  with funds from future affordable housing funding sources and that the Director of the Affordable Housing Office report back within 12 months on the specific source of the funds.

 

4.         City Council authorize the City Solicitor complete the purchase transaction on behalf of the City, including amending the closing or other dates to earlier or later date(s) and on such terms and conditions as she may from time to time consider reasonable.

 

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

Vote (Amend Item (Additional)) Aug-26-2010 4:32 PM

Result: Carried Majority Required - EX46.17 - Fletcher - Motion 1a
Total members that voted Yes: 27 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Mike Feldman, Paula Fletcher, Suzan Hall, A.A. Heaps, Pam McConnell, Joe Mihevc, Peter Milczyn, Howard Moscoe, Frances Nunziata, John Parker, Gord Perks, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 4 Members that voted No are Mike Del Grande, Doug Holyday, Cliff Jenkins, Gloria Lindsay Luby
Total members that were Absent: 14 Members that were absent are John Filion, Rob Ford, Adam Giambrone, Mark Grimes, Norman Kelly, Chin Lee, Giorgio Mammoliti, David Miller, Denzil Minnan-Wong, Ron Moeser, Case Ootes, Cesar Palacio, Joe Pantalone, Anthony Perruzza

1b - Motion to Amend Item (Additional) moved by Councillor Paula Fletcher (Carried)

That City Council request the Deputy City Manager to support the creation of affordable housing at 450 Pape Avenue through prioritizing the use of future funds contributed to the Capital Revolving Fund for Affordable Housing as a result of cash-in-lieu of rental replacement units that are approved for demolition in Ward 30.

Vote (Amend Item (Additional)) Aug-26-2010 4:31 PM

Result: Carried Majority Required - EX46-17 - Fletcher - Motion 1b
Total members that voted Yes: 26 Members that voted Yes are Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Mike Feldman, Paula Fletcher, Suzan Hall, A.A. Heaps, Pam McConnell, Joe Mihevc, Peter Milczyn, Howard Moscoe, Frances Nunziata, John Parker, Gord Perks, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 4 Members that voted No are Mike Del Grande, Doug Holyday, Cliff Jenkins, Gloria Lindsay Luby
Total members that were Absent: 15 Members that were absent are Paul Ainslie, John Filion, Rob Ford, Adam Giambrone, Mark Grimes, Norman Kelly, Chin Lee, Giorgio Mammoliti, David Miller, Denzil Minnan-Wong, Ron Moeser, Case Ootes, Cesar Palacio, Joe Pantalone, Anthony Perruzza

2 - Motion to Amend Item moved by Councillor Doug Holyday (Lost)

That the Recommendations of the Executive Committee be deleted and that Council adopt instead the following recommendation in the report (June 26, 2010) from Sue Corke, Deputy City Manager:

 

City Council encourage the Salvation Army to sell its property at 450 Pape Avenue to an organization or individual who would continue the use of the building and property for a charitable or non-profit purpose.

Vote (Amend Item) Aug-26-2010 4:29 PM

Result: Lost Majority Required - EX46.17 - Holyday - Motion 2
Total members that voted Yes: 9 Members that voted Yes are Mike Del Grande, Mike Feldman, Doug Holyday, Cliff Jenkins, Norman Kelly, Gloria Lindsay Luby, John Parker, David Shiner, Karen Stintz
Total members that voted No: 22 Members that voted No are Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Paula Fletcher, Suzan Hall, A.A. Heaps, Pam McConnell, Joe Mihevc, Peter Milczyn, Howard Moscoe, Frances Nunziata, Gord Perks, Kyle Rae, Bill Saundercook, Michael Thompson, Adam Vaughan, Michael Walker
Total members that were Absent: 14 Members that were absent are Paul Ainslie, John Filion, Rob Ford, Adam Giambrone, Mark Grimes, Chin Lee, Giorgio Mammoliti, David Miller, Denzil Minnan-Wong, Ron Moeser, Case Ootes, Cesar Palacio, Joe Pantalone, Anthony Perruzza

Motion to Adopt Item as Amended (Carried)

EX46.18 - Home Ownership Assistance Program Recommendations for 395 New Homes from Request for Expressions of Interest No. 9155-10-7150

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
15 - Eglinton-Lawrence, 29 - Toronto-Danforth, 35 - Scarborough Southwest, 36 - Scarborough Southwest, 44 - Scarborough East

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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:

 

a.          Habitat for Humanity Toronto Inc.

4572 Kingston Road

$290,000

b.         Habitat for Humanity Toronto Inc.

21 Macey Avenue and 32 & 36 St. Dunstan Drive

$100,000

c.          Habitat for Humanity Toronto Inc.

357 Birchmount Road

$80,000

d.         Home Ownership Alternatives Non-Profit Corporation (Greater Toronto Area)

280 Donlands Avenue at Cosburn Avenue

$920,000

e.         Home Ownership Alternatives Non-Profit Corporation (Greater Toronto Area)

3180 Bathurst Street at Sarnac Boulevard

$2,560,000

 

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 the 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 developments through the Federal-Provincial Affordable Housing Program –Homeownership Component.

Background Information (Committee)

Home Ownership Assistance Program Recommendations for 395 New Homes from Request for Expressions of Interest No. 9155-10-7150
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32882.pdf

EX46.19 - Amendment to the User Fee Schedule for Golf Fees

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Public Notice Given

Background Information (Committee)

Amendment to the User Fee Schedule for Golf Fees
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32883.pdf
Attachment 1: Golf Fees - Amendment Request
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32884.pdf

EX46.20 - Operation of Centennial Park Ski/Snowboard Centre and North York Ski/Snowboard Centre

Decision Type:
ACTION
Status:
Adopted
Wards:
3 - Etobicoke Centre, 10 - York Centre

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.                City Council amend 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 EX46.40), 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. 

Background Information (Committee)

Operation of Centennial Park Ski/Snowboard Centre and North York Ski/Snowboard Centre
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32885.pdf

Communications (Committee)

(August 16, 2010) E-mail from Willie Moskowitz (EX.New.EX46.20.1)
(August 15, 2010) E-mail from Paulette Blais (EX.Main.EX46.20.2)
(August 16, 2010) E-mail from Dorothy Cirka (EX.Main.EX46.20.3)
(August 16, 2010) Submission from Ann Dembinski, President, CUPE Local 79 (EX.Main.EX46.20.4)

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Doug Holyday (Lost)

That City Council adopt the following Recommendation 1 contained in the report (July 21, 2010) from the General Manager, Parks, Recreation and Forestry, amended by adding the words "and the General Manager, Parks, Recreation and Forestry be requested to report back to the Executive Committee in the beginning of 2011", so that it reads as follows:

 

1.         Parks, Forestry and Recreation undertake to engage the ski and snowboard industry through market soundings and consultation in order to determine the best approach for a new RFP call and the General Manager, Parks, Recreation and Forestry be requested to report back to the Executive Committee in the beginning of 2011.

Vote (Amend Item) Aug-26-2010 7:54 PM

Result: Lost Majority Required - EX46.20 - Holyday - Motion 1
Total members that voted Yes: 9 Members that voted Yes are Mike Del Grande, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Case Ootes, John Parker, Michael Walker
Total members that voted No: 26 Members that voted No are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Raymond Cho, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, John Filion, Paula Fletcher, Rob Ford, Suzan Hall, A.A. Heaps, Pam McConnell, Peter Milczyn, David Miller, Howard Moscoe, Frances Nunziata, Cesar Palacio, Joe Pantalone, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, Michael Thompson, Adam Vaughan
Total members that were Absent: 10 Members that were absent are Shelley Carroll, Mike Feldman, Adam Giambrone, Mark Grimes, Giorgio Mammoliti, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, David Shiner, Karen Stintz

Motion to Adopt Item (Carried)

EX46.21 - Status Report - 2009 Access, Equity and Human Rights (AEHR) Achievements

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

Status Report - 2009 Access, Equity and Human Rights (AEHR) Achievements
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32886.pdf

EX46.22 - 2010 - 2011 Recipient of City of Toronto Undergraduate Scholarship in Women's Studies at the University of Toronto

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council extend congratulations to Leah Burke as the 2010-2011 recipient of City of Toronto undergraduate scholarship in Women’s Studies at the University of Toronto.

Background Information (Committee)

2010-2011 Recipient of City of Toronto Undergraduate Scholarship in Women's Studies at the University of Toronto
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32887.pdf

EX46.23 - Request from the St. Lawrence Centre for the Performing Arts to Extend its Loan Agreement with the City

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
28 - Toronto Centre-Rosedale

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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. 

Background Information (Committee)

Request from the St. Lawrence Centre for the Performing Arts to Extend its Loan Agreement with the City
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32888.pdf

EX46.24 - Budgetary and Financial Management Approval Process and Protocols for the TTC

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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 Part 1 above, 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.

Background Information (Committee)

(August 5, 2010) Budgetary and Financial Management Approval Process and Protocols for the TTC
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33018.pdf
Budgetary and Financial Management Approval Process and Protocols for the TTC - Placeholder Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32889.pdf

EX46.25 - In Year Budget Adjustment for Economic Stimulus Renewable Energy Investments in Social Housing: Shelter, Support and Housing Administration

Decision Type:
ACTION
Status:
Amended
Wards:
1 - Etobicoke North, 2 - Etobicoke North, 3 - Etobicoke Centre, 4 - Etobicoke Centre, 5 - Etobicoke-Lakeshore, 6 - Etobicoke-Lakeshore, 7 - York West, 8 - York West, 9 - York Centre, 10 - York Centre, 11 - York South-Weston, 12 - York South-Weston, 14 - Parkdale-High Park, 16 - Eglinton-Lawrence, 17 - Davenport, 18 - Davenport, 21 - St. Paul's, 22 - St. Paul's, 23 - Willowdale, 24 - Willowdale, 25 - Don Valley West, 26 - Don Valley West, 27 - Toronto Centre-Rosedale, 28 - Toronto Centre-Rosedale, 29 - Toronto-Danforth, 30 - Toronto-Danforth, 31 - Beaches-East York, 32 - Beaches-East York, 33 - Don Valley East, 34 - Don Valley East, 35 - Scarborough Southwest, 36 - Scarborough Southwest, 37 - Scarborough Centre, 38 - Scarborough Centre, 40 - Scarborough Agincourt, 41 - Scarborough-Rouge River

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council increase the Shelter, Support and Housing Administration 2010 Approved Operating Budget by $30,672,243 gross and $0 net to reflect 100 percent Provincial and Federal funding under the Renewable Energy Initiative component of the Social Housing Renovation and Retrofit Program.

 

2.         City Council request the General Manager of Shelter, Support and Housing Administration, in co-operation with the City's funding partners and Toronto Employment and Social Services, to explore the opportunities for pre-employment  training and employment for young people in our priority neighbourhoods through these projects.

Background Information (Committee)

(August 11, 2010) In-Year Budget Adjustment for Economic Stimulus Renewable Energy Investments in Social Housing: Shelter, Support and Housing Administration
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33034.pdf
In Year Budget Adjustment for Economic Stimulus Renewable Energy Investments in Social Housing: Shelter, Support and Housing Administration - Placeholder Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32892.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Janet Davis (Carried)

That City Council request the General Manager of Shelter, Support and Housing Administration, in co-operation with the City's funding partners and Toronto Employment and Social Services, to explore the opportunities for pre-employment  training and employment for young people in our priority neighbourhoods through these projects.


Motion to Adopt Item as Amended (Carried)

EX46.26 - Customer Service Strategy for Special Events-related Services and Permitting Processes

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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 the 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, including insurance 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.

Background Information (Committee)

Customer Service Strategy for Special Events-Related Services and Permitting Processes
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32893.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Michael Thompson (Carried)

The Recommendation 2a of the Executive Committee be amended by adding the words "including insurance requirements", so that it now reads as follows:

 

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, including insurance requirements, to identify appropriate service standards.


Motion to Adopt Item as Amended (Carried)

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Case Ootes - as his son is employed by the City of Toronto in Special Events.

EX46.27 - 186 Bartley Drive - Update on Confidential Agreement

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
34 - Don Valley East

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

 

Confidential Attachment 1 to the report (July 28, 2010) from the Treasurer and the City Solicitor remains confidential in its entirety, at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it involves litigation or potential litigation that affects the City and contains advice or communications that are subject to solicitor-client privilege.  The confidential instructions adopted by City Council will be released at the discretion of the City Solicitor.

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege

Background Information (Committee)

186 Bartley Drive - Update on Confidential Agreement
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32894.pdf

EX46.28 - Property Taxes: 2011 Interim Levy By-Law

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

 

c.         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.

Background Information (Committee)

Property Taxes: 2011 Interim Levy By-law
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32895.pdf

EX46.29 - Emery Village Business Improvement Area (BIA) - Monumental Flagpole and Public Square Project

Decision Type:
ACTION
Status:
Amended
Ward:
7 - York West

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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 in the report (August 5, 2010) from the General Manager, Economic Development and Culture.

 

2.         City Council approve the project on the condition that the necessary funding is secured prior to construction.

 

3.         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.

 

4.         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.

 

5.         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 in the report (August 5, 2010) from the General Manager, Economic Development and Culture 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.

 

6.         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.

 

7.         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.

 

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

 

9.         City Council encourage the Emery Village Business Improvement Area to seek corporate sponsorship from companies like Pfitzer Inc. and Eli Lilly Canada Inc.

Background Information (Committee)

(August 5, 2010) Emery Village BIA - Monumental Flagpole and Public Square Project
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32986.pdf
Emery Village Business Improvement Area (BIA) Monumental Flagpole and Public Square Project - Placeholder Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32896.pdf

Communications (Committee)

(August 16, 2010) E-mail from Miguel Avila and Larry Perlman (EX.Supp.EX46.29.1)
(August 10, 2010) E-mail from LM (Luc) Laverriere, CED, Major, Commanding Officer (EX.Supp.EX46.29.2)
(August 16, 2010) Submission from Lorraine Chabot-Vecera (EX.Supp.EX46.29.3)

Communications (City Council)

(August 19, 2010) Petition from John Provenzano, Member, Emery Village Business Improvement Area, containing the signatures of approximately 83 persons (CC.Supp.EX46.29.4)

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Howard Moscoe (Carried)

That City Council encourage the Emery Village Business Improvement Area to seek corporate sponsorship from companies like Pfitzer Inc. and Eli Lilly Canada Inc.


2 - Motion to Amend Item moved by Councillor Mike Feldman (Amended)

That City Council approve the project on the condition that the necessary funding is raised prior to construction.

 

(Amended by motion 5 by Councillor Mammoliti)

Vote (Amend Item) Aug-26-2010 12:31 PM

Result: Carried Majority Required - EX46.29 - Feldman - Motion 2, as amended
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Mike Feldman, John Filion, Paula Fletcher, Rob Ford, Mark Grimes, Suzan Hall, A.A. Heaps, Doug Holyday, Cliff Jenkins, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Joe Mihevc, Peter Milczyn, Howard Moscoe, Frances Nunziata, Cesar Palacio, John Parker, Anthony Perruzza, Bill Saundercook, David Shiner, Karen Stintz, Adam Vaughan, Michael Walker
Total members that voted No: 4 Members that voted No are Norman Kelly, Ron Moeser, Gord Perks, Michael Thompson
Total members that were Absent: 9 Members that were absent are Brian Ashton, Frank Di Giorgio, Adam Giambrone, Pam McConnell, David Miller, Denzil Minnan-Wong, Case Ootes, Joe Pantalone, Kyle Rae

3 - Motion to Refer Item moved by Councillor Doug Holyday (Lost)
That this Item be referred back to the General Manager, Economic Development and Culture, with a request that he work with the Emery Village BIA to hold a meeting with the members of the BIA to determine their support for this project.

Vote (Refer Item) Aug-26-2010 11:51 AM

Result: Lost Majority Required - EX46.29 - Holyday - Motion 3
Total members that voted Yes: 3 Members that voted Yes are Rob Ford, Doug Holyday, Ron Moeser
Total members that voted No: 36 Members that voted No are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Mike Feldman, Paula Fletcher, Adam Giambrone, Mark Grimes, Suzan Hall, A.A. Heaps, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby (Chair), Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Peter Milczyn, David Miller, Howard Moscoe, Frances Nunziata, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Bill Saundercook, Michael Thompson, Adam Vaughan, Michael Walker
Total members that were Absent: 6 Members that were absent are John Filion, Denzil Minnan-Wong, Case Ootes, Kyle Rae, David Shiner, Karen Stintz

4 - Motion to Amend Motion moved by Councillor Suzan Hall (Withdrawn)

That motion 2 by Councillor Feldman be amended by adding the words "50 percent of", so that it now reads as follows:

 

That City Council approve the project on the condition that 50 percent of the necessary funding is raised, prior to construction.


Motion to Withdraw a Motion moved by Councillor Suzan Hall (Carried)

With the permission of Council, Councillor Hall withdrew her motion 4.


5 - Motion to Amend Motion moved by Councillor Giorgio Mammoliti (Carried)

That motion 2 by Councillor Feldman be amended to read as follows:

 

That City Council approve the project on the condition that the necessary funding is secured prior to construction.

Vote (Amend Motion) Aug-26-2010 12:29 PM

Result: Carried Majority Required - EX46.29 - Mammoliti - Motion 5
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Mike Feldman, John Filion, Paula Fletcher, Rob Ford, Mark Grimes, Suzan Hall, A.A. Heaps, Doug Holyday, Cliff Jenkins, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Joe Mihevc, Peter Milczyn, Howard Moscoe, Frances Nunziata, Cesar Palacio, John Parker, Anthony Perruzza, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 3 Members that voted No are Norman Kelly, Ron Moeser, Gord Perks
Total members that were Absent: 9 Members that were absent are Brian Ashton, Frank Di Giorgio, Adam Giambrone, Pam McConnell, David Miller, Denzil Minnan-Wong, Case Ootes, Joe Pantalone, Kyle Rae

6 - Motion to Receive Item moved by Councillor Norman Kelly (Lost)
That City Council receive this Item for information.

Vote (Receive Item) Aug-26-2010 12:28 PM

Result: Lost Majority Required - EX46.29 - Kelly - Motion 6
Total members that voted Yes: 7 Members that voted Yes are John Filion, Rob Ford, Doug Holyday, Norman Kelly, Ron Moeser, Gord Perks, Michael Thompson
Total members that voted No: 29 Members that voted No are Paul Ainslie, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Mike Feldman, Paula Fletcher, Mark Grimes, Suzan Hall, A.A. Heaps, Cliff Jenkins, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Joe Mihevc, Peter Milczyn, Howard Moscoe, Frances Nunziata, Cesar Palacio, John Parker, Anthony Perruzza, Bill Saundercook, David Shiner, Karen Stintz, Adam Vaughan, Michael Walker
Total members that were Absent: 9 Members that were absent are Brian Ashton, Frank Di Giorgio, Adam Giambrone, Pam McConnell, David Miller, Denzil Minnan-Wong, Case Ootes, Joe Pantalone, Kyle Rae

Motion to End Debate moved by Councillor Ron Moeser (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, Council end the debate on this Item and take the vote immediately.  (This procedural motion requires a two-thirds vote to carry.)

Vote (End Debate) Aug-26-2010 12:27 PM

Result: Carried Two-Thirds Required - EX46.29 - Moeser - End debate
Total members that voted Yes: 31 Members that voted Yes are Paul Ainslie, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Mike Feldman, John Filion, Paula Fletcher, Mark Grimes, Suzan Hall, A.A. Heaps, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Joe Mihevc, Peter Milczyn, Ron Moeser, Howard Moscoe, Frances Nunziata, Cesar Palacio, John Parker, Gord Perks, Bill Saundercook, David Shiner, Karen Stintz, Adam Vaughan, Michael Walker
Total members that voted No: 3 Members that voted No are Glenn De Baeremaeker, Rob Ford, Anthony Perruzza
Total members that were Absent: 11 Members that were absent are Brian Ashton, Mike Del Grande, Frank Di Giorgio, Adam Giambrone, Pam McConnell, David Miller, Denzil Minnan-Wong, Case Ootes, Joe Pantalone, Kyle Rae, Michael Thompson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Aug-26-2010 12:33 PM

Result: Carried Majority Required - EX46.29 - Adopt the Item, as amended
Total members that voted Yes: 30 Members that voted Yes are Paul Ainslie, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Mike Feldman, Paula Fletcher, Rob Ford, Mark Grimes, Suzan Hall, A.A. Heaps, Cliff Jenkins, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Joe Mihevc, Peter Milczyn, Howard Moscoe, Frances Nunziata, Cesar Palacio, John Parker, Anthony Perruzza, Bill Saundercook, David Shiner, Karen Stintz, Adam Vaughan, Michael Walker
Total members that voted No: 6 Members that voted No are John Filion, Doug Holyday, Norman Kelly, Ron Moeser, Gord Perks, Michael Thompson
Total members that were Absent: 9 Members that were absent are Brian Ashton, Frank Di Giorgio, Adam Giambrone, Pam McConnell, David Miller, Denzil Minnan-Wong, Case Ootes, Joe Pantalone, Kyle Rae

EX46.30 - Proposed Amendment to the City of Toronto Municipal Code, Chapter 591, Noise, Regarding the TTC's Transit City and Toronto York Spadina Subway Extension (TYSSE) Construction Initiatives

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

Proposed Amendment to the City of Toronto Municipal Code, Chapter 591, Noise, Regarding the TTC's Transit City and Toronto York Spadina Subway Extension (TYSSE) Construction Initiatives
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32897.pdf

Communications (City Council)

(August 24, 2010) Fax from Mark R. Bozian, Board Chair, Sheppard East Village BIA (CC.Supp.EX46.30.1)

EX46.31 - Renewal of Artscape Capital Loan Guarantees for the Distillery District Studios and the Wychwood/Green Arts Barn

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

Renewal of Artscape Capital Loan Guarantees for the Distillery District Studios and the Wychwood/Green Arts Barn
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32898.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Aug-26-2010 10:49 AM

Result: Carried Majority Required - EX46.31- Adopt the Item
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Mike Feldman, John Filion, Paula Fletcher, Mark Grimes, A.A. Heaps, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Joe Mihevc, Peter Milczyn, Ron Moeser, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 1 Members that voted No are Rob Ford
Total members that were Absent: 6 Members that were absent are Frank Di Giorgio, Adam Giambrone, Suzan Hall, Pam McConnell, David Miller, Denzil Minnan-Wong

EX46.32 - Port Lands Sports Centre Project

Decision Type:
ACTION
Status:
Adopted
Ward:
30 - Toronto-Danforth

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

(August 9, 2010) Port Lands Sports Centre Project
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32980.pdf
Port Lands Sports Centre Project - Placeholder Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32899.pdf

Background Information (City Council)

(August 19, 2010) supplementary report from Deputy City Manager Richard Butts (EX46.32a)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33274.pdf

Communications (Committee)

(August 12, 2010) E-mail from Cynthia Wilkey, Chair, West Don Lands Committee (EX.Supp.EX46.32.1)
(August 16, 2010) E-mail from Doug Bennet, Chair, Wabash Building Society (EX.Supp.EX46.32.2)
(August 13, 2010) E-mail from Deborah Ashby (EX.Supp.EX46.32.3)
(August 12, 2010) Submission from Lynn Cullaton (EX.Supp.EX46.32.4)
(August 16, 2010) Submission from Julie Beddoes, V.P. External, Gooderham & Worts Neighbourhood Association (EX.Supp.EX46.32.5)
(August 16, 2010) Submission from Karen Pitre, Chair, Toronto Sports Council (EX.Supp.EX46.32.6)
(August 16, 2010) Submission from Dirk Kassenaar, Toronto Speed Skating Club (EX.Supp.EX46.32.7)
(August 16, 2010) Submission from Edith Myers, Pinewood Toronto Studies (EX.Supp.EX46.32.8)
(August 13, 2010) E-mail from John P. Wilson, Chair, Bring Back the Don (EX.Supp.EX46.32.9)

Motions (City Council)

1 - Motion to Amend Motion moved by Councillor John Parker (Lost)

That City Council delete Recommendation 1 of the Executive Committee and adopt instead the following:

 

1.         City Council endorse, in principle, the construction of a four-pad arena complex at 85 and 95 Commissioners Street.

 

2.         City Council direct that further study be conducted into the design and configurations, with particular attention to construction and operating costs.

Vote (Amend Motion) Aug-26-2010 6:50 PM

Result: Lost Majority Required - EX46.32 - Parker - Motion 1
Total members that voted Yes: 8 Members that voted Yes are Raymond Cho, Doug Holyday, Cliff Jenkins, Chin Lee, Gloria Lindsay Luby, John Parker, Karen Stintz, Michael Walker
Total members that voted No: 31 Members that voted No are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Mike Feldman, John Filion, Paula Fletcher, Rob Ford, Adam Giambrone, Suzan Hall, A.A. Heaps, Norman Kelly, Pam McConnell, Peter Milczyn, David Miller, Howard Moscoe, Frances Nunziata, Case Ootes, Joe Pantalone, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Michael Thompson, Adam Vaughan
Total members that were Absent: 6 Members that were absent are Mark Grimes, Giorgio Mammoliti, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio

2 - Motion to Amend Item (Additional) moved by Councillor Mike Del Grande (Lost)

That City Council direct that a budget of $34 million be set for the Port Lands Sport Centre Project and that staff be directed to work within those cost constraints.

Vote (Amend Item (Additional)) Aug-26-2010 6:51 PM

Result: Lost Majority Required - EX46.32 - Del Grande - Motion 2
Total members that voted Yes: 16 Members that voted Yes are Paul Ainslie, Brian Ashton, Raymond Cho, Mike Del Grande, Mike Feldman, Rob Ford, Doug Holyday, Cliff Jenkins, Chin Lee, Gloria Lindsay Luby, Peter Milczyn, Frances Nunziata, Case Ootes, David Shiner, Karen Stintz, Michael Walker
Total members that voted No: 23 Members that voted No are Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, John Filion, Paula Fletcher, Adam Giambrone, Suzan Hall, A.A. Heaps, Norman Kelly, Pam McConnell, David Miller, Howard Moscoe, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, Michael Thompson, Adam Vaughan
Total members that were Absent: 6 Members that were absent are Mark Grimes, Giorgio Mammoliti, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio

3 - Motion to Receive Item moved by Councillor Doug Holyday (Lost)
That City Council receive this Item for information.

Vote (Receive Item) Aug-26-2010 6:49 PM

Result: Lost Majority Required - EX46.32 - Holyday - Motion 3
Total members that voted Yes: 12 Members that voted Yes are Paul Ainslie, Shelley Carroll, Mike Feldman, Rob Ford, Doug Holyday, Cliff Jenkins, Gloria Lindsay Luby, Frances Nunziata, Case Ootes, David Shiner, Karen Stintz, Michael Walker
Total members that voted No: 27 Members that voted No are Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, John Filion, Paula Fletcher, Adam Giambrone, Suzan Hall, A.A. Heaps, Norman Kelly, Chin Lee, Pam McConnell, Peter Milczyn, David Miller, Howard Moscoe, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, Michael Thompson, Adam Vaughan
Total members that were Absent: 6 Members that were absent are Mark Grimes, Giorgio Mammoliti, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio

Motion to Adopt Item (Carried)

Vote (Adopt Item) Aug-26-2010 6:51 PM

Result: Carried Majority Required - EX46.32 - Adopt the Item
Total members that voted Yes: 22 Members that voted Yes are Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, John Filion, Paula Fletcher, Adam Giambrone, Suzan Hall, A.A. Heaps, Norman Kelly, Pam McConnell, David Miller, Howard Moscoe, Joe Pantalone, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, Michael Thompson, Adam Vaughan
Total members that voted No: 17 Members that voted No are Paul Ainslie, Brian Ashton, Raymond Cho, Mike Del Grande, Mike Feldman, Rob Ford, Doug Holyday, Cliff Jenkins, Chin Lee, Gloria Lindsay Luby, Peter Milczyn, Frances Nunziata, Case Ootes, John Parker, David Shiner, Karen Stintz, Michael Walker
Total members that were Absent: 6 Members that were absent are Mark Grimes, Giorgio Mammoliti, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio

EX46.33 - Staff Review of Waterfront Toronto's Proposed Sale and Lease of City Lands for Waterfront Revitalization - Bayside

Decision Type:
ACTION
Status:
Amended
Ward:
28 - Toronto Centre-Rosedale

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council endorse the concept plan attached as Figure 1 to the report (August 10, 2010) from Deputy City Manager Richard Butts which generally illustrates Hines’ proposal for the development and subdivision of the Bayside Lands, which concept plan will be the subject of a subsequent plan of subdivision process.  For greater certainty, City Council endorsement of the concept plan is in no way intended to and does not fetter the City’s planning and municipal rights and responsibilities.

 

2.         City Council grant authority for the City, as owner of the Bayside Lands, to enter into a Land Development Agreement with Hines (LDA) that includes the disposition of the Bayside Lands  through agreements of purchase and sale (APSs), ground leases (GLs), rights of first offer (ROFOs), rights of first refusal (ROFRs) and may include ancillary agreements such as license, encroachment, easement, closing or other agreements contemplated under the LDA (collectively Ancillary Agreements), substantially on the terms and conditions set out in Attachment 1 in the report (August 10, 2010) from Deputy City Manager Richard Butts, together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization, in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor, subject to Part 4 of this report (August 10, 2010) from Deputy City Manager Richard Butts.

 

3.         City Council require that prior to the City entering into the LDA:

 

a.         City Council declare surplus the Bayside Lands with the intended manner of disposal by way of a LDA, and that all steps necessary to comply with the City's real estate disposal process, as set out in Chapter 213 of the City of Toronto Municipal Code be taken prior to the City entering into the LDA.

 

b.         WT and Hines having entered into the Project Agreement (PA) and WT shall have provided an undertaking to the City  that WT will circulate all amendments to the PA and associated agreements and all amendments to any Development Agreements (DA) made between WT and Hines or any development partner of Hines (Site Developer), to the City for input on all matters which materially affect the City’s interest as owner of the Bayside Lands.

 

c.         Receipt by the City of a written undertaking from WT to monitor the performance of Hines and any Site Developer under the LDA, any APS or GL or other transaction contemplated by the LDA, to take action to enforce such performance, and to perform on behalf of the City any City obligations under such agreements, that the Chief Corporate Officer may require WT to monitor, enforce or perform from time to time, all such WT actions to be taken at no cost to the City, and provided such obligations shall not extend past the winding down of WT at which time such obligations shall revert to the City.

 

d.         Receipt by the City of a legal opinion in respect of the corporate status, powers and authority of Hines to enter into and perform the obligations under the LDA and PA in form and content satisfactory to the City Solicitor.

 

e.         WT shall have provided confirmation that it has completed a satisfactory due diligence review of the financial capacity of Hines and its ability to complete its obligations under the LDA and PA to the satisfaction of the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer.

 

f.          Receipt by the City of a written undertaking from WT to pay for any realty taxes arising from the LDA or Ancillary Agreements in form and content satisfactory to the City Solicitor.

 

4.         City Council grant authority for the City, as vendor of the City-owned Sites, currently anticipated to be the sites shown as  R1;  R2;  R3, R4 & W1;  R5;  and R6, R7 & W2 on Figure 1 (collectively the Sale Sites), to enter into APSs with Hines or a Site Developer, together with any Ancillary Agreement, substantially on the terms and conditions set out in Attachment 2 in the report (August 10, 2010) from Deputy City Manager Richard Butts, together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization, in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor, subject to Part 7. of this Report.

 

5.         City Council grant authority for the City, as lessor of the City-owned Sites currently anticipated to be the sites shown as C1 and C2 on Figure 1 (collectively the Lease Sites), to enter into GLs with Hines or a Site Developer, together with any Ancillary Agreement, substantially on the terms and conditions set out in Attachment 3 in the report (August 10, 2010) from Deputy City Manager Richard Butts together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor, subject to Part 7. of this Report.

 

6.         City Council grant authority for the City to give Hines a ROFO and ROFR to develop one or both of the two City-owned Sites shown as A1 and A2 (with W3 as part of either A1 or A2) on Figure 1 (collectively the Affordable Housing Sites) on condition that any proposal which Hines and WT wish to propose shall be subject to Council approval, together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

 

7.         City Council direct that prior to the City entering into any APS, GL, the following matters be completed and provided for to the satisfaction of the Deputy City Manager whose responsibilities include Waterfront Revitalization, in consultation with the City Solicitor and other City officials as appropriate:

 

a.         Draft plan approval of a plan of subdivision of the Bayside Lands.

 

b.         WT and Hines or the Site Developer having entered into a DA in respect of the applicable Site substantially in the form attached to the PA.

 

c.         WT shall have provided an undertaking to the City that funds received from Hines or the Site Developer under the APS or all base rent for the first 33 years of the term of the GL, as the case may be, shall be used for re-investment in the revitalization of the waterfront in accordance with Policy and Finance Committee Report 9, Clause 1, headed “Governance Structure for Toronto Waterfront Revitalization” adopted  by Council at its meeting on November 30, December 1 and 2, 2004.

 

d.         WT shall have provided an undertaking to the City to pay, on behalf of the City, all costs and expenses payable or incurred by the City under the APS or GL including purchase price adjustments, closing adjustments, rent adjustments, interest charges, costs of surveys and reference plans, registration and closing costs and out of pocket expenses.

 

e.         Receipt by the City of a legal opinion in respect of the corporate status, powers and authority of the Site Developer to enter into and perform the obligations under the APS or GL and the DA in form and content satisfactory to the City Solicitor.

 

f.          WT shall have provided confirmation that it has completed a satisfactory due diligence review of the financial capacity, corporate status, powers and authority of the Site Developer and its ability to complete its obligations under the APS or GL and DA, to the satisfaction of the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

 

8.         City Council waive applicable City disposal and leasing policies and practices for City-owned lands including, but not limited to, the City's Housing First Policy, property transactions with single purpose companies, collection of receivables, typical City use clause for leased lands, typical assignment and subletting restrictions, signage and naming rights, and the use of non-disturbance agreements, to the extent that they are inconsistent with, or not included in the terms and conditions of the LDA or any APS or GL, in recognition of WT's role as master developer and lead negotiator of revitalization initiatives in the City's waterfront, including the Bayside Lands.

 

9.        City Council grant authority for the City to direct Hines and the Site Developers to pay the purchase prices under all APSs and the base rents for the first 33 years of the term of all GLs, the revenues from all Ancillary Agreements, if applicable and all other amounts payable to the City under such transactions to  WT, or as WT may otherwise direct, in form and content satisfactory to the City Solicitor.

 

10.       City Council direct the Waterfront Project Director that the following amounts shall be recognized as part of the City’s overall contribution to waterfront renewal, and be reported by WT in its quarterly funding reports submitted to the three orders of government as part of the Waterfront Renewal Accounting Protocol:

 

a.         The purchase price under each APS.

 

b.         The base rents for the first 33 years of the term under each GL.

 

c.         The value of the infrastructure contribution as would apply to the Sites.

 

d.         Any other amounts payable by Hines or a Site Developer to the City for any Ancillary Agreements under the LDA, APS, GL, ROFO, ROFR transactions.

 

e.         The value of the parkland contribution as would apply to the Sites.

 

11.       City Council authorize WT to capitalize the base rent for the first 33 years of each GL subject to the proceeds being reinvested in Waterfront Revitalization.

 

12.       City Council acknowledge the Section 37 infrastructure contribution required under the zoning by-law is included in the purchase price for the land and thus is not required to be paid for the Sale Sites.

 

13.       City Council deem the parkland dedication substantially as shown in Figure 1 in the report (August 10, 2010) from Deputy City Manager Richard Butts, which is consistent with the EBF Precinct Plan and zoning by-law, satisfies all parkland dedication requirements for this development.

 

14.       City Council authorize the Deputy City Manager whose responsibilities include Waterfront Revitalization, in consultation with the Chief Corporate Officer and City Solicitor, to negotiate the LDA, the APSs, GLs and any Ancillary Agreements contemplated under such transactions, including any amending agreements in relation to such agreements, not materially inconsistent with the major terms and conditions described in Attachments 1, 2 and 3 to the report (August 10, 2010) from Deputy City Manager Richard Butts, as approved by Council.

 

15.       City Council authorize the Chief Corporate Officer and Deputy City Manager whose responsibilities include Waterfront Revitalization, severally to execute and deliver the LDA, all APSs, GLs and all Ancillary Agreements and documents contemplated under such documentation, on behalf of the City.

 

16.       City Council grant authority to the Chief Corporate Officer or his successor/designate, in consultation with the Waterfront Project Director, to administer and manage the LDA, APSs, GLs, and all Ancillary Agreements, except to the extent such administration and management has been otherwise directed by the Chief Corporate Officer to WT to undertake, including the provision of any consents (including but not limited to consents to any subleases, assignments, financial charges of any interests in any GL or Leased Site), approvals, waivers, notices (including notices of termination) provided that the Chief Corporate Officer may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

 

17.       City Council direct that, subject to Part 19. of this report (August 10, 2010) from Deputy City Manager Richard Butts, and with the written consent of WT, the City consent, solely in its capacity as land owner of the Bayside Lands, to any planning and development application by Hines or a Site Developer, except for any plan of subdivision application and except for any environmental applications, in furtherance of the development of the Bayside Lands provided Hines or the Site Developer agrees to assume all obligations including costs and liabilities under such application, provided the applicable LDA, APS or GL and DA have been executed and all requirements and obligations of Hines and the Site Developer therein are in good standing, and subject to such other terms satisfactory to the Deputy City Manager whose responsibilities include Waterfront Revitalization and in form satisfactory to the City Solicitor, or alternatively, that the City itself execute such documentation solely in its capacity as land owner.

 

18.       City Council direct that subject to Part 19. of this report (August 10, 2010) from Deputy City Manager Richard Butts, the City consent to WT acting as the City’s agent as owner of the Bayside Lands to sign any planning and development, infrastructure, servicing or any other applications and agreements including agreements with Toronto Hydro, Enbridge Gas or any third party utility provider, required for the development of the Bayside Lands, except for any environmental applications or agreements, provided WT agrees to assume all obligations including costs and liabilities under such documentation and subject to such other terms satisfactory to the Deputy City Manager whose responsibilities include Waterfront Revitalization and in form satisfactory to the City Solicitor, or alternatively, that the City itself execute such documentation solely in its capacity as land owner.

 

19.       City Council direct that all actions described in this report (August 10, 2010) from Deputy City Manager Richard Butts, shall be taken by or on behalf of the City in its capacity as land owner and not in its capacity as a planning authority under the Planning Act, the City of Toronto Act, 2006, or otherwise and such actions are not intended to and do not fetter the City’s planning and municipal rights and responsibilities.

 

20.       City Council request the Waterfront Project Director report to Executive Committee on any proposal accepted by Waterfront Toronto for the development of Affordable Housing Sites for affordable rental housing or an affordable rental housing pilot project.

 

21.       City Council request Waterfront Toronto, in consultation with TTC and City staff, be authorized to prepare an addendum to the East Bayfront Transit EA in order to allow a second access point to Bayside from Queens Quay East.

 

22.       City Council authorize the City Solicitor to complete any of the transactions contemplated under the LDA on behalf of the City, except to the extent that such obligations have been directed by the Chief Corporate Officer to WT to undertake, including amending closing dates and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

 

23.       City Council direct that prior to execution of any of the agreements contemplated herein, WT to provide confirmation to the satisfaction of the Deputy City Manager whose responsibilities include Waterfront Revitalization that:

 

a.         The other orders of government have approved the governance changes required to allow WT to borrow the funds required to meet its infrastructure obligations under the PA.

 

b.         The required Infrastructure Ontario loan has been secured.

 

c.         Funding necessary to complete the infrastructure obligations under the PA has been approved by the three orders of government through an update to the Waterfront Toronto Long-Term Funding Plan. 

 

24.       City Council direct that prior to the City entering into the Land Development Agreement, the following matters shall be completed or provided for to the satisfaction of the Deputy City Manager whose responsibilities include Waterfront Revitalization, in consultation with the City Solicitor and other City officials as appropriate:

 

a.         Receipt of a legal opinion from WT's lawyers with respect to the potential environmental liabilities of the City in entering into the Bayside transactions being  remote.

 

b.         Receipt from the insurer under the Pollution and Remediation Legal Liability Policy of an amendment to the Policy to clarify the discretion to be exercised with respect to the provision of on-site coverage.

 

c.         Analysis and estimation of potential remediation and risk assessment costs for the Bayside Lands, satisfactory protection regarding the completion of such work and confirmation of appropriate liability protection.

 

25.       Notwithstanding the endorsement of the Concept Plan in Figure 1 attached to the report (August 10, 2010) from the Deputy City Manager Richard Butts, City Council request the Chief Planner and Executive Director, City Planning and the Waterfront Project Director, in consultation with Waterfront Toronto,  to report to the Executive Committee on the location and timing of the achievement of the affordable housing in Bayside, with the objective of providing options for the distribution of affordable housing throughout the phases of Bayside as well as the East Bayfront Precinct, and its delivery, commensurate with the progress of delivery of market housing.

 

26.       City Council request the Director of the Affordable Housing Office, in consultation with Chief Planner and Executive Director, City Planning and the Waterfront Project Director to report to the Executive Committee within twelve months on the status of an Affordable Housing Delivery Agreement, including a plan for the delivery of affordable housing, availability of funding, timing on the development of affordable housing and location.

 

27.       City Council authorize the public release of the confidential information in Attachment 5 in the report (August 10, 2010) from Deputy City Manager Richard Butts, upon completion of the development of the publicly-owned lands in EBF as determined by the Deputy City Manager whose responsibilities include Waterfront Revitalization.

 

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

 

Confidential Attachment 5 to the report (August 10, 2010) from Deputy City Manager Richard Butts remains confidential at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the security of property belonging to the City or one of its agencies, boards or commissions.  The confidential information will be released upon completion of the development of the publicly-owned lands in East Bayfront as determined by the Deputy City Manager whose responsibilities include Waterfront Revitalization.

Confidential Attachment - The security of the property of the municipality or local board

Background Information (Committee)

(August 10, 2010) Staff Review of Waterfront Toronto's Proposed Sale and Lease of City Lands for Waterfront Revitalization-Bayside
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33052.pdf
(August 11, 2010) Attachment 1: Major Terms of Lands Development Agreement
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33053.pdf
(August 11, 2010) Attachment 2: Major Terms of Agreement of Purchase of Sale
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33054.pdf
(August 11, 2010) Attachment 3: Major Terms of Ground Lease
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33055.pdf
(August 11, 2010) Attachment 4: Major Terms of Project Agreement
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33056.pdf
Staff Review of Waterfront Toronto's Proposed Sale and Lease of City Lands for Waterfront Revitalization - Bayside - Placeholder Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32900.pdf

Background Information (City Council)

(August 23, 2010) letter from the Chief General Manager, Toronto Transit Commission (EX46.33a)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33288.pdf
(August 23, 2010) supplementary report from Deputy City Manager Richard Butts (EX46.33b)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33333.pdf

Communications (Committee)

(August 12, 2010) Letter from Gary Webster, Chief General Manager, Toronto Transit Commission (EX.Supp.EX46.33.1)
https://www.toronto.ca/legdocs/mmis/2010/ex/comm/communicationfile-17086.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Pam McConnell (Carried)

That:

 

1.         Notwithstanding the endorsement of the Concept Plan in Figure 1 attached to the report (August 10, 2010) from the Deputy City Manager Richard Butts, City Council request the Chief Planner and Executive Director, City Planning and the Waterfront Project Director, in consultation with Waterfront Toronto,  to report to the Executive Committee on the location and timing of the achievement of the affordable housing in Bayside, with the objective of providing options for the distribution of affordable housing throughout the phases of Bayside as well as the East Bayfront Precinct, and its delivery, commensurate with the progress of delivery of market housing.

 

2.         City Council request the Director of the Affordable Housing Office, in consultation with Chief Planner and Executive Director, City Planning and the Waterfront Project Director to report to the Executive Committee within twelve months on the status of an Affordable Housing Delivery Agreement, including a plan for the delivery of affordable housing, availability of funding, timing on the development of affordable housing and location.

Vote (Amend Item (Additional)) Aug-26-2010 8:22 PM

Result: Carried Majority Required - EX46.33 - McConnell - Motion 1
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Frank Di Giorgio, John Filion, Paula Fletcher, Mark Grimes, Suzan Hall, A.A. Heaps, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Peter Milczyn, David Miller, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, Gord Perks, Anthony Perruzza, Kyle Rae, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 5 Members that voted No are Rob Ford, Doug Holyday, John Parker, Bill Saundercook, David Shiner
Total members that were Absent: 8 Members that were absent are Glenn De Baeremaeker, Mike Del Grande, Mike Feldman, Adam Giambrone, Giorgio Mammoliti, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Aug-26-2010 8:23 PM

Result: Carried Majority Required - EX46.33 - Adopt the Item, as amended
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Frank Di Giorgio, John Filion, Paula Fletcher, Mark Grimes, A.A. Heaps, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Peter Milczyn, David Miller, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 2 Members that voted No are Rob Ford, Doug Holyday
Total members that were Absent: 9 Members that were absent are Glenn De Baeremaeker, Mike Del Grande, Mike Feldman, Adam Giambrone, Suzan Hall, Giorgio Mammoliti, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser

EX46.34 - Administrative Amendments to Reserve Fund Accounts - 2010

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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:

 

ZERO BALANCES

Account Name

Beneficial Program

Schedule

All Borough Mortgage Loan

DCM/CFO

#1

TCHC State of Good Repair

TCHC

#8

Community Heritage

City Planning

#9

Development Charges (2004)

Library

#11

Client ID &  Benefits

Employment & Social Services

#13

Sony Centre Improvement

Sony

#14

 

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:

 

Account to be closed

Funds Transferred to

Account Name

Beneficial Program

Schedule

Account

Name

Beneficial Program

Schedule

Vehicle (XQ1506)

Legal

#1

Vehicle & Equipment (XQ0003)

Fleet

#1

 

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.

Background Information (Committee)

Administrative Amendments to Reserve Fund Accounts - 2010
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32901.pdf

EX46.35 - Climate Change Risk Assessment Process and Tool

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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 in the report (August 3, 2010) from the Director, Toronto Environment Office, 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.

Background Information (Committee)

Climate Change Risk Assessment Process and Tool
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32902.pdf
Attachment: Letter from the Ministry of the Environment
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32903.pdf

EX46.36 - School Lands Property Acquisition Framework and Funding Strategy Follow-up Report

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

 

Background Information (Committee)

School Lands Property Acquisition Framework and Funding Strategy Follow-up Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32904.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

EX46.37 - Strategies for Arts and Culture Funding

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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 1 and 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.

Background Information (Committee)

Strategies for Arts and Culture Funding
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32905.pdf
Attachment 1: Martin Prosperity Institute Analysis of City Funding to Cultural Organizations: Percent Growth in Grants vs. Inflation vs. Revenues/Expenditures
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32906.pdf

Background Information (City Council)

(August 23, 2010) supplementary report from the City Manager (EX46.37a)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33302.pdf

Communications (Committee)

(August 5, 2010) E-mail from Terry West (EX.Supp.EX46.37.1)
(August 6, 2010) E-mail from Sarah Wood (EX.Supp.EX46.37.2)
(August 7, 2010) E-mail from David Moore (EX.Supp.EX46.37.3)
(August 16, 2010) Submission from Karen Kain, National Ballet of Canada (EX.Main.EX46.37.4)
(August 16, 2010) Submission from Eric Peterson (EX.Main.EX46.37.5)
(August 16, 2010) Submission from Karen Tisch, Toronto Arts Council (EX.Main.EX46.37.6)
(August 16, 2010) Submission from Jini Stolk (EX.Main.EX46.37.7)
(August 16, 2010) E-mail from Che Kothari, Executive Director, Manifesto (EX.New.EX46.37.8)

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Aug-26-2010 10:45 AM

Result: Carried Majority Required - EX46.37 - Adopt the Item
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Mike Feldman, John Filion, Paula Fletcher, Rob Ford, Mark Grimes, Suzan Hall, A.A. Heaps, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Joe Mihevc, Peter Milczyn, David Miller, Ron Moeser, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 1 Members that voted No are Doug Holyday
Total members that were Absent: 4 Members that were absent are Frank Di Giorgio, Adam Giambrone, Pam McConnell, Denzil Minnan-Wong

EX46.38 - Delegation of Authority During Extended Council Recess

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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 (TAF) 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:

 

a.     The proposed transaction is of a type, and for an amount, as set out in a line item in the TAF budget approved by Council; or

 

b.     The proposed transaction constitutes an investment permitted to be made by TAF, as set out in TAF's Statement of Investment Objectives and Principles approved by City Council.

 

c.     The proposed transaction is specifically permitted by a provision of the Relationship Framework for TAF, 2006, as amended.

 

d.    This delegation is limited to the period commencing on the day following the last City Council meeting on August 25, 2010, up to the first regular meeting of City Council on December 16, 2010.

 

e.     TAF certify that any approval given by the TAF Board pursuant to this delegated authority will be disclosed in the audited financial statements which TAF is required to provide annually to City Council and that the TAF Board ensure that any transactions carried out under this delegated authority are separately reported to City Council no later than the second regular meeting of City Council in the new term.

 

4.         City Council approve the transactions set out in Schedule A to the report (July 21, 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.

Background Information (Committee)

Delegation of Authority During Extended Council Recess
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32907.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Aug-25-2010 2:19 PM

Result: Carried Majority Required - Ex46.38 - Adopt the Item
Total members that voted Yes: 27 Members that voted Yes are Paul Ainslie, Brian Ashton, Sandra Bussin (Chair), Raymond Cho, Glenn De Baeremaeker, John Filion, A.A. Heaps, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Joe Mihevc, Peter Milczyn, David Miller, Ron Moeser, Howard Moscoe, Frances Nunziata, Case Ootes, Joe Pantalone, Gord Perks, Kyle Rae, David Shiner, Karen Stintz, Adam Vaughan, Michael Walker
Total members that voted No: 3 Members that voted No are Frank Di Giorgio, Rob Ford, Bill Saundercook
Total members that were Absent: 15 Members that were absent are Maria Augimeri, Shelley Carroll, Janet Davis, Mike Del Grande, Mike Feldman, Paula Fletcher, Adam Giambrone, Mark Grimes, Suzan Hall, Pam McConnell, Denzil Minnan-Wong, Cesar Palacio, John Parker, Anthony Perruzza, Michael Thompson

EX46.39 - 2009 Final Year-End Capital Variance Report and Capital Variance Report for the Four Months Ended April 30, 2010

Decision Type:
ACTION
Status:
Adopted on Consent

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

2009 Final Year-End Capital Variance Report and Capital Variance Report for the Four Months Ended April 30, 2010
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32908.pdf
Appendix 1: 2009 Final Capital Variance Report for the Year Ended December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32909.pdf
Appendix 1.1: 2010 Consolidated Capital Variance Report for the Four Months Ended April 30, 2010
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32910.pdf
Appendix 1:a: Consolidated Capital Variance Report for ISF projects for the Four Months Ended April 30, 2010
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32911.pdf
Appendix 1.a-1: Capital Variance Report for ISF projects for the Four Months Ended April 30, 2010 by Project
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32912.pdf
Appendix 1.b: Consolidated Capital Variance Report for RInC projects for the Four Months Ended April 30, 2010
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32913.pdf
Appendix 1.b-1: Capital Variance Report for RInC projects for the Four Months Ended April 30, 2010 by Project
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32914.pdf
Appendix 2: Technical and In-Year Adjustments for the Four Months Ended April 30, 2010
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32915.pdf
Appendix 3.1: 2009 Carry Forwards Funding Adjustments
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32916.pdf
Appendix 3.2: 2008 Carry Forwards Funding Adjustments
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32917.pdf
Appendix 4: Capital Projects Recommended for Closure
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32918.pdf

EX46.40 - 2009 Final Year-End Operating Variance Report and Operating Variance Report for the Five Months Ended May 31, 2010

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council approve allocation of the additional 2009 year-end operating surplus of $4.780 million to the following: $0.446 million to the Exhibition Place Conference Centre Reserve Fund; $1.4 million to the Capital Financing Reserve to fund a shortfall in the Horse Palace Roof Replacement ISF capital project; and $2.934 million to the Property Tax Stabilization Reserve as a revenue source for the 2011 Operating Budget.

 

2.         City Council approve an increase to Facilities Management and Real Estate's 2010 Approved Staff Complement of three temporary positions with no financial impact on the 2010 Facilities Management and Real Estate Approved Operating Budget.

Background Information (Committee)

2009 Final Year-End Operating Variance Report and Operating Variance Report for the Five Months ended May 31, 2010 - Budget letter
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32919.pdf
2009 Final Year-End Operating Variance Report and Operating Variance Report for the Five Months Ended May 31, 2010 - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32920.pdf

EX46.41 - 2011 Interim Water and Wastewater Service Rates

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council extend and continue the Water and Wastewater Service Rates, and the water rebate for eligible low-income disabled persons and low-income seniors, set for 2010, approved by Council and enacted by By-law No. 1206-2009, until such time that Council adopts Toronto Water’s 2011 Operating and Capital Budgets and any corresponding changes, which may be necessary, to the Water and Wastewater Service Rates and water rebate.

Background Information (Committee)

2011 Interim Water and Wastewater Service Rates
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32921.pdf

EX46.42 - Proposed 2011 Interim Solid Waste Rates

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council adopt and continue the 2010 Solid Waste Rates for Residential Curbside Collection, Residential Units Above Commercial Properties Customers, Curbside Residential Subscription Properties, Agencies, Boards, Commissions and Schools, as set-out in Appendix A of the report (June 11, 2010) from the General Manager, Solid Waste Management Services and the Deputy City Manager and Chief Financial Officer until City Council adopts the 2011 Solid Waste Management Services Operating Budget and Capital Plan and the corresponding solid waste rates are approved.

Background Information (Committee)

Proposed 2011 Interim Solid Waste Rates
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32922.pdf
Appendix A: Proposed Interim 2011 Solid Waste Rates
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32923.pdf

EX46.43 - AOCC Settlement of Operating Results for Year 2008

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council direct that the accumulated surpluses of $14,235 be paid to the City of Toronto for two AOCCs and be used to partially fund the payment of operating deficits of $107,740 for the other eight AOCC Community Centres core administration operations resulting in a net payment of $93,505 as detailed in Appendix 1 of the report (June 3, 2010) from the Deputy City Manager and Chief Financial Officer.

 

2.         City Council direct that effective immediately, all AOCCs adhere to the following existing City policies and guidelines in accordance with the AOCCs, City of Toronto Relationship Framework:

 

a.         AOCCs seek approval from the Director of the Financial Planning Division prior to incurring expenditures that are not included in the Approved Operating Budget.

 

b.         AOCCs submit quarterly operating variance reports in sufficient detail to the Financial Planning Division, including projected year-end variances and explanations.

 

c.         AOCCs submit detailed Administration and Program budgets for the annual Operating Budget process, to the Financial Planning Division, consistent with operating budget guidelines and policies, and informal requirements.

 

3.         City Council circulate the report (June 3, 2010) from the Deputy City Manager and Chief Financial Officer to all AOCCs Boards of Management for information.

Background Information (Committee)

AOCC Settlement of Operating Results for Year 2008 - Budget letter
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32924.pdf
AOCC Settlement of Operating Results for Year 2008 - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32925.pdf

EX46.44 - Facilities Management 2010 Capital Budget and Plan Adjustments

Decision Type:
ACTION
Status:
Adopted on Consent

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council authorize the addition of five new sub-projects to the approved 2010 Capital Budget and 2011-2019 capital plan for Facilities Management and Real Estate, with funding provided through reallocations from within the Approved 2010 Capital Budget and 2011-2019 Capital Plan, as illustrated in Appendix 1 of the report (June 1, 2010) from the Chief Corporate Officer, with zero gross and net impact.

 

2.         City Council authorize the reallocation of funds in Facilities Management and Real Estate’s 2010 Approved Capital Budget and 2011-2019 Capital Plan in the amount of $0.56 million, as illustrated in Appendix 1 of the report (June 1, 2010) from the Chief Corporate Officer, with zero gross and net impact.

Background Information (Committee)

Facilities Management 2010 Capital Budget and Plan Adjustments - Budget Letter
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32926.pdf
Facilities Management 2010 Capital Budget and Plan Adjustments - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32927.pdf

EX46.45 - Toronto Fire Services (TFS) 2010 Capital Project to Replace Firefighter Bunker Suits

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1          City Council approve the creation of an in-year Capital project with Fire Services for the acquisition of Bunker Suits in the estimated amount of $5.0 million with offsetting funding from the Capital Financing Reserve, which will be repaid by contributions from Fire’s Operating budget over a five-year period.

 

2.         City Council direct that future required acquisitions of Bunker Suits be included as part of Fire Services’ submission for the 2011 to 2020 Capital Plan.

 

3.         City Council direct that a funding strategy be developed and reviewed as part of the 2011 Budget Process that would include the viability of annual operating budget contributions from Fire Services to the Vehicle Reserve - Fire Equipment to ensure sufficient funds are available for the ongoing replacement of Bunker Suits.

 

4.         City Council grant authority to the Fire Chief and General Manager, Toronto Fire Services and the Deputy City Manager and Chief Financial Officer, to donate sixty (60) bunker suits and helmets, forty (40) pairs of fire fighting boots and six (6) medical equipment storage bags that do not meet the current required standards in North America, have no resale value and would normally be discarded, to the Municipality of Plovdiv, Bulgaria.

 

5.         City Council grant authority to City officials to execute indemnity and waiver agreements with the appropriate officials receiving the donated items, such agreements to be in a form satisfactory to the City Solicitor.

Background Information (Committee)

Toronto Fire Services (TFS) 2010 Capital Project to Replace Firefighter Bunker Suits
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32928.pdf

Background Information (City Council)

(August 19, 2010) supplementary report from the Fire Chief and General Manager and the Deputy City Manager and Chief Financial Officer (EX46.45a)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33275.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Howard Moscoe (Carried)

That City Council adopt the following recommendations contained in the report (August 19, 2010) from the Fire Chief and General Manager, Toronto Fire Services, and the Deputy City Manager and Chief Financial Officer [EX46.45a]:

 

1.         City Council grant authority to the Fire Chief and General Manager, Toronto Fire Services and the Deputy City Manager and Chief Financial Officer, to donate sixty (60) bunker suits and helmets, forty (40) pairs of fire fighting boots and six (6) medical equipment storage bags that do not meet the current required standards in North America, have no resale value and would normally be discarded, to the Municipality of Plovdiv, Bulgaria.

 

2.         City Council grant authority to City officials to execute indemnity and waiver agreements with the appropriate officials receiving the donated items, such agreements to be in a form satisfactory to the City Solicitor.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Aug-25-2010 10:30 AM

Result: Carried Majority Required - EX46.45 - Adopt the Item, as amended
Total members that voted Yes: 44 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Mike Feldman, John Filion, Paula Fletcher, Rob Ford, Adam Giambrone, Mark Grimes, Suzan Hall, A.A. Heaps, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Peter Milczyn, David Miller, Ron Moeser, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

EX46.46 - Transfer Capital Funding within Emergency Medical Services 2010 Approved Capital Program to Allow Federal Infrastructure Project for Station 19 to Proceed

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council transfer an amount of $800,000 in capital funding from the Station 40 ISF Project (CAM850-04) and transfer a further $635,000 from the Station Security Project (CAM050-01) in Emergency Medical Services’ (EMS) approved 2010 Capital Program to the Station 19 ISF Project (CAM850-02), resulting in a net zero change in the EMS’ 2010-2011 capital program.

Background Information (Committee)

Transfer Capital Funding within Emergency Medical Services 2010 Approved Capital Program to Allow Federal Infrastructure Project for Station 19 to Proceed - Budget Letter
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32929.pdf
Transfer Capital Funding within Emergency Medical Services 2010 Approved Capital Program to Allow Federal Infrastructure Project for Station 19 to Proceed - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32930.pdf

EX46.47 - Donation Fund - 2010 In-Year Budget Adjustments, Animal Services

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council amend the 2010 Operating Budget for the Municipal Licensing and Standards, Animal Services program by an increase of $316,000 gross, $0 net, to be funded from the Animal Services deferred revenue account to provide support for non-staff costs for pet sterilization, environmental enrichment and special medical care for animals.

Background Information (Committee)

Donation Fund - 2010 In-Year Budget Adjustments, Animal Services
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32931.pdf

EX46.48 - Toronto Police Service: 2010 Capital Budget Variance Report Period Ending March 31, 2010

Decision Type:
ACTION
Status:
Adopted on Consent

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council approve a cash flow increase of $2.45 Million (M) to the 2010 vehicle replacement project within the Toronto Police Service’s Vehicle and Equipment Reserve (Reserve) and a corresponding cash flow decrease in 2011 for a zero net impact on the Reserve, for the acquisition of 75 additional marked vehicles in 2010.

Background Information (Committee)

Toronto Police Service: 2010 Capital Budget Variance Report Ending March 31, 2010 - Budget Letter
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32932.pdf
Toronto Police Service: 2010 Capital Budget Variance Report Period Ending March 31, 2010 - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32933.pdf

EX46.49 - Acquisition of Toronto District School Board's 80 Lothian Avenue Site

Decision Type:
ACTION
Status:
Adopted
Ward:
5 - Etobicoke-Lakeshore

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

Acquisition of Toronto District School Board's 80 Lothian Avenue Site - Budget Letter
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32934.pdf
Acquisition of Toronto District School Board's 80 Lothian Avenue Site - Government Management Letter
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32935.pdf
Acquisition of Toronto District School Board's 80 Lothian Avenue Site - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32936.pdf
(June 15, 2010) Councillor Milczyn - Acquisition of Toronto District School Board's 80 Lothian Avenue Site
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33220.pdf
(June 16, 2010) Councillor Milczyn's letter re Acquisition of Toronto District School Board's 80 Lothian Avenue Site, Ward 5
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33221.pdf

Motions (City Council)

1 - Motion to Adopt Item (Carried)

Vote (Adopt Item) Aug-25-2010 10:27 AM

Result: Carried Majority Required - EX46.49 - Adopt the Item
Total members that voted Yes: 43 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Mike Feldman, John Filion, Paula Fletcher, Adam Giambrone, Mark Grimes, Suzan Hall, A.A. Heaps, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Peter Milczyn, David Miller, Ron Moeser, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 1 Members that voted No are Rob Ford
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

EX46.50 - Expansion of the Children in Need of Treatment (CINOT) Dental Program - 2010 Funding

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council approve funding for the expanded CINOT (Children in Need of Treatment) dental program totalling $356,460 gross, of which $268,845 is funded by the Ministry of Health Promotion and $89,615 is funded for 2010 only through reallocation from the approved 100 per cent City funded dental services budget.

 

2.         City Council increase the Toronto Public Health 2010 Operating Budget by $268,845 gross with $268,845 revenue from the Ministry of Health Promotion.

 

3.         City Council direct that the 2011 additional funding requirement of $358,460 gross/ $89,615 net for the expanded CINOT (Children in Need of Treatment) dental program be considered by the Budget Committee during the 2011 Operating Budget process.

Background Information (Committee)

Expansion of the Children in Need of Treatment (CINOT) Dental Program - 2010 Funding
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32937.pdf
Expansion of the Children in Need of Treatment (CINOT) Dental Program - 2010 Funding - Board of Health Letter
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32938.pdf
Expansion of the Children in Need of Treatment (CINOT) Dental Program - 2010 Funding - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32939.pdf

EX46.51 - The Vienna Declaration

Decision Type:
ACTION
Status:
Amended

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following: 

 

1.         City Council endorse the "Vienna Declaration", in seeking to improve community health and to illustrate that drug policy reform is a matter of urgent significance.

 

2.         City Council forward a copy of this Item to the Federation of Canadian Municipalities.

Background Information (Committee)

Vienna Declaration - Councillor Rae's letter
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32940.pdf
Vienna Declaration
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32941.pdf

Communications (City Council)

(August 23, 2010) Submission from Councillor Kyle Rae, Ward 27 Toronto Centre-Rosedale (CC.Supp.EX46.51.1)
https://www.toronto.ca/legdocs/mmis/2010/cc/comm/communicationfile-17889.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Kyle Rae (Carried)

That City Council forward a copy of this Item to the Federation of Canadian Municipalities.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Aug-26-2010 10:44 AM

Result: Carried Majority Required - EX46.51 - Adopt the Item, as amended
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Feldman, John Filion, Paula Fletcher, Mark Grimes, Suzan Hall, A.A. Heaps, Cliff Jenkins, Chin Lee, Giorgio Mammoliti, Joe Mihevc, Peter Milczyn, David Miller, Ron Moeser, Howard Moscoe, Frances Nunziata, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 7 Members that voted No are Mike Del Grande, Rob Ford, Doug Holyday, Norman Kelly, Gloria Lindsay Luby, Case Ootes, Cesar Palacio
Total members that were Absent: 4 Members that were absent are Frank Di Giorgio, Adam Giambrone, Pam McConnell, Denzil Minnan-Wong

Vote (Adopt Item as Amended) Aug-26-2010 10:54 AM

Result: Carried Majority Required - EX46.51 - REVOTE - Adopt the Item, as amended
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Feldman, Paula Fletcher, Mark Grimes, Suzan Hall, A.A. Heaps, Cliff Jenkins, Chin Lee, Giorgio Mammoliti, Joe Mihevc, Peter Milczyn, David Miller, Ron Moeser, Howard Moscoe, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 7 Members that voted No are Mike Del Grande, Rob Ford, Doug Holyday, Norman Kelly, Gloria Lindsay Luby, Frances Nunziata, Case Ootes
Total members that were Absent: 5 Members that were absent are Frank Di Giorgio, John Filion, Adam Giambrone, Pam McConnell, Denzil Minnan-Wong

Motion to Reconsider Vote moved by Councillor Bill Saundercook (Carried)

That, in accordance with the provisions of Chapter 27, Council Procedures, Council reconsider the vote to adopt Item EX46.51, as amended.  (This procedural motion requires a two-thirds vote to carry.)

 

Council revoted to adopt Item EX46.51, as amended, as noted above.

EX46.52 - Agreement with Clarity Outdoor Media Inc. for Existing Strachan Outdoor Billboard Sign

Decision Type:
ACTION
Status:
Adopted

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

 

Confidential Attachment 1 to the report (July 27, 2010) from the Chief Executive Officer, Exhibition Place, remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the security of property belonging to the City or one of its agencies, boards, and commissions.

Confidential Attachment - The security of the property of the municipality or local board

Background Information (Committee)

Agreement with Clarity Outdoor Media Inc. for Existing Strachan Outdoor Billboard Sign
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32942.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Aug-25-2010 6:08 PM

Result: Carried Majority Required - EX46.52 - Adopt the Item
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Mike Del Grande, Frank Di Giorgio, Mike Feldman, John Filion, Rob Ford, Mark Grimes, A.A. Heaps, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Peter Milczyn, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, Karen Stintz, Michael Thompson, Michael Walker
Total members that voted No: 5 Members that voted No are Paula Fletcher, Suzan Hall, Pam McConnell, Ron Moeser, Adam Vaughan
Total members that were Absent: 7 Members that were absent are Glenn De Baeremaeker, Adam Giambrone, Giorgio Mammoliti, Joe Mihevc, David Miller, Denzil Minnan-Wong, David Shiner

EX46.53 - Lease for the Queen Elizabeth Fountain Dining Room

Decision Type:
ACTION
Status:
Amended

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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 no renewal or extension beyond that contemplated in the report (July 27, 2010) from the Chief Executive Officer, Exhibition Place, be negotiated or approved without a further request for proposal and the approval of City Council.

 

3.         City Council direct that the confidential information contained in Attachment 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.

 

Confidential Attachment 1 to the report (July 27, 2010) from the Chief Executive Officer, Exhibition Place, remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the security of property of the City or one of its agencies, boards or commissions.

Confidential Attachment - The security of the property of the municipality or local board

Background Information (Committee)

Lease for the Queen Elizabeth Fountain Dining Room
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32943.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Mike Del Grande (Carried)

That City Council direct that no renewal or extension beyond that contemplated in the report (July 27, 2010) from the Chief Executive Officer, Exhibition Place, be negotiated or approved without a further request for proposal and the approval of City Council.


Motion to Adopt Item as Amended (Carried)

EX46.54 - TTC Special Constable Services

Decision Type:
ACTION
Status:
Adopted

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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 Confidential Attachments to the letter (July 16, 2010) from the General Manager, Toronto Transit Commission, and the report (July 28, 2010) from the City Manager, remain confidential in their entirety, in accordance with the provisions of the City of Toronto Act, 2006, as they contain personal information about identifiable individuals.   

Confidential Attachment - Personal matters about identifiable individuals, including municipal or local board employees

Background Information (Committee)

TTC Special Constable Services - Letter
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32944.pdf
TTC Special Constable Services - Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32945.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

54a - Transit Security and Special Constable Services

Confidential Attachment - Personal matters about an identifiable individual, including municipal or local board employees
Background Information (Committee)
Transit Security and Special Constable Services
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32946.pdf

EX46.57 - Facilities Management 2010 Capital Budget Adjustments - 375 University Ave. Leasehold Improvements - Parking Application

Decision Type:
ACTION
Status:
Adopted on Consent

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

Facilities Management 2010 Capital Budget Adjustments - 375 University Ave. Leasehold Improvements - Parking Application
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32981.pdf
Appendix A: 2010 Capital Budget Adjustments - 375 University Ave Leasehold Improvements & Parking Application
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32982.pdf

EX46.58 - Amendment to Purchase Order 6029461 - For the Pre Construction and Construction Services for the Nathan Phillips Square Revitalization Project

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
27 - Toronto Centre-Rosedale

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

Amendment to Purchase Order 6029461 - for the Pre Construction and Construction Services for the Nathan Phillips Square Revitalization Project
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32983.pdf

EX46.59 - Transportation Services 2010 Operating Budget Net Zero Adjustment for Utility Cut Contracts

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
35 - Scarborough Southwest, 36 - Scarborough Southwest, 37 - Scarborough Centre, 38 - Scarborough Centre, 39 - Scarborough-Agincourt, 40 - Scarborough Agincourt, 41 - Scarborough-Rouge River, 42 - Scarborough-Rouge River, 43 - Scarborough East, 44 - Scarborough East

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

(August 9, 2010) Transportation Services 2010 Operating Budget Net Zero Adjustment for Utility Cut Contracts - Budget Letter
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32987.pdf
(July 26, 2010) Transportation Services 2010 Operating Budget Net Zero Adjustment for Utility Cut Contracts - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32988.pdf

EX46.60 - Toronto Water 2010 Capital Budget Cashflow Reallocations

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

Toronto Water 2010 Capital Budget Cashflow Reallocations - Budget Letter
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32989.pdf
Toronto Water 2010 Capital Budget Cashflow Reallocations - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32990.pdf

EX46.61 - Economic Development and Culture: Capital Plan Adjustment - Fort York Visitor Centre

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

Economic Development and Culture: Capital Plan Adjustment - Fort York Visitor Centre - Budget Letter
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32991.pdf
Economic Development and Culture: Capital Plan Adjustment - Fort York Visitor Centre - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32992.pdf

EX46.62 - Toronto Public Health 2010 Operating Budget Adjustment for Youth Engagement

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

Toronto Public Health 2010 Operating Budget Adjustment for Youth Engagement - Budget Letter
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32993.pdf
Toronto Public Health 2010 Operating Budget Adjustment for Youth Engagement - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32994.pdf

Background Information (City Council)

(August 20, 2010) letter from the Board of Health (EX46.62a)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33289.pdf

EX46.63 - Toronto Public Health 2010 Budget Adjustment for Low Income Dental Program

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

Toronto Public Health 2010 Budget Adjustment for Low Income Dental Program - Budget Letter
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32995.pdf
Toronto Public Health 2010 Budget Adjustments for Low Income Dental Program - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32996.pdf

Background Information (City Council)

(August 20, 2010) letter from the Board of Health (EX46.63a)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33290.pdf

EX46.64 - Creation of ChemTRAC Toxics Reduction Grants Program Through Live Green Toronto

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

Creation of ChemTRAC Toxics Reduction Grants Program through Live Green Toronto
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32997.pdf

Background Information (City Council)

(August 20, 2010) letter from the Board of Health (EX46.64a)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33291.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Aug-26-2010 10:36 AM

Result: Carried Majority Required - EX46.64 - Adopt the Item
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, John Filion, Paula Fletcher, Rob Ford, Mark Grimes, Suzan Hall, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Joe Mihevc, Peter Milczyn, David Miller, Ron Moeser, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 1 Members that voted No are Karen Stintz
Total members that were Absent: 7 Members that were absent are Raymond Cho, Frank Di Giorgio, Mike Feldman, Adam Giambrone, A.A. Heaps, Pam McConnell, Denzil Minnan-Wong

EX46.65 - Authority to Negotiate and Enter into a Sole Source Agreement for Repairs and New Construction at the Dufferin Organics Processing Facility

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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 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.

Background Information (Committee)

Authority to Negotiate and Enter into a Sole Source Agreement for Repairs and New Construction at the Dufferin Organics Processing Facility
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32998.pdf
Attachment 1: Terms and Conditions
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32999.pdf
Attachment 2: Dufferin Organics Processing Facility Site Plan
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33000.pdf

EX46.66 - Toronto Transit Commission 2010 Approved Capital Budget and 2011-2019 Capital Plan Adjustments

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

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.

Background Information (Committee)

Toronto Transit Commission 2010 Approved Capital Budget and 2011-2019 Capital Plan Adjustments - Budget Letter
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33001.pdf
Toronto Transit Commission 2010 Approved Capital Budget and 2011-2019 Capital Plan Adjustments - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33002.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

EX46.67 - Toronto Community Housing's Follow Up Response

Decision Type:
ACTION
Status:
Amended

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council receive for information, the letter (August 6, 2010) from the Chair, Board of Directors, Toronto Community Housing Corporation, and the Chief Executive Officer, Toronto Community Housing Corporation.

 

2.         City Council forward a copy of this Item to the Board of Directors of the Toronto Community Housing Corporation with a request that the Board consider the need for tenant engagement plans tailored to the needs of specific neighbourhoods/buildings in the development of the next Community Management Plan.

Background Information (Committee)

Toronto Community Housing's Follow Up Response
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33003.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Paul Ainslie (Carried)

That City Council forward a copy of this Item to the Board of Directors of the Toronto Community Housing Corporation with a request that the Board consider the need for tenant engagement plans tailored to the needs of specific neighbourhoods/buildings in the development of the next Community Management Plan.


Motion to Adopt Item as Amended (Carried)

EX46.68 - Enrolment of Union Station Stand-by Generators in the Ontario Power Authority Demand Response 3 Program

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
28 - Toronto Centre-Rosedale

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council approve the enrolment of the new, stand-by generators to be installed at Union Station in the Ontario Power Authority (OPA) Demand Response 3 Program.

 

2.                  City Council authorize the Director, Energy and Strategic Initiatives, in conjunction with the Director, Purchasing and Materials Management, to initiate a Request for Proposal (RFP) process to select the Demand Aggregator to co-ordinate the participation of the City in the OPA Demand Response 3 Program.

 

3.         City Council authorize the Chief Corporate Officer severally to execute an agreement for a period not to exceed five (5) years with the selected Demand Aggregator, on behalf of the City.

Background Information (Committee)

Enrolment of Union Station Stand-by Generators in the Ontario Power Authority Demand Response 3 Program
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33041.pdf

EX46.69 - Kilometrage Reimbursement for the Use of Personal Vehicles for City Business

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council approve the Policy contained in Attachment 1 of the report (July 5, 2010) from the City Manager, titled 'Kilometrage Reimbursement for use of Personal Vehicles for City Business' to be implemented on December 31, 2011 for all non-union employees.

 

2.         City Council request staff to consider ways to encourage employees to use public transit, walking, cycling and car sharing for business travel in the City of Toronto and that this be incorporated into the policies and education program for staff.

 

3.         City Council direct the Human Resources Division to negotiate similar provisions with each union/association, when appropriate.

Background Information (Committee)

Kilometrage Reimbursement for Use of Personal Vehicles for City Business
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33073.pdf
Attachment 1: Kilometrage Reimbursement for Use of Personal Vehicle Policy
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33074.pdf
Attachment 2: Existing City of Toronto Agreements
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33075.pdf
Attachment 3: Current Human Resources Policy on Mileage Reimbursement
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33076.pdf
Attachment 4: Kilometrage Reimbursement - Public Sector Organizations
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33077.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

EX46.70 - Occupational Health and Safety Report - First Quarter, 2010

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following: 

  1. City Council receive, for information, the report (July 19, 2010) from the City Manager titled “Occupational Health and Safety Report – First Quarter, 2010.”

Background Information (Committee)

Occupational Health and Safety Report - First Quarter, 2010
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33083.pdf
Appendix A: First Quarter WSIB Incidents Data, by Division
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33084.pdf
Appendix B: Toronto Public Service LTI Frequency Report (1st Quarters, 2007-2010)
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33085.pdf
Appendix C: Summary of WSIB Costs for all Firm Numbers (First Quarters 2006-2010)
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33086.pdf
Appendix D(1): WSIB Invoiced Costs <$100,000 (2006-2010)
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33087.pdf
Appendix D(ii): 1st Quarter WSIB Invoiced Costs >$100,000 (2006-2010)
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33088.pdf

EX46.71 - Police Reference Checks for Prospective Employees for Shelter, Support and Housing Administration Division

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council direct the General Manager, Shelter, Support and Housing Administration, and/or his designate, to implement a process of pre-employment Police Reference Checks for all qualified, external applicants selected for employment with the Division; and all selected applicants for volunteer or student placements whose work involves unsupervised contact with, or proximity to, vulnerable clients.

 

2.         City Council direct the General Manager, Shelter, Support and Housing Administration, and/or his designate, to develop and implement the Police Reference Checks process, including policies and procedures, no later than March 2011, in conjunction with Human Resources Division and Legal Services Division.

 

3.         City Council direct the Executive Director, Human Resources to notify the Toronto Police Service that Shelter, Support and Housing Administration has City Council approval to be included in the existing memorandum of understanding to conduct Police Reference Checks for qualified, external employee and volunteer candidates at no cost.

 

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

Background Information (Committee)

Police Reference Checks for Prospective Employees for Shelter, Support and Housing Administration Division - ELR Letter
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33094.pdf
Police Reference Checks for Prospective Employees for Shelter, Support and Housing Administration Division - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33095.pdf

EX46.72 - Authority to Reallocate Capital Funding within Yonge-Dundas Square 2010 Approved Capital Budget to Allow Federal Infrastructure Project for Yonge-Dundas Square to Proceed

Decision Type:
ACTION
Status:
Adopted on Consent

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.                 City Council reallocate an amount of $105,667 in capital funding from Yonge-Dundas Square’s State of Good Repair Project (CYD005-01) to the Square’s ISF Project (CYD850-01) Construction of Storage Facility, resulting in a zero net change in the Yonge-Dundas Square Board of Management’s 2010-2011 Capital Program.

Background Information (Committee)

Authority to Reallocate Capital Funding within Yonge-Dundas Square 2010 Approved Capital Budget to Allow Federal Infrastructure Project for Yonge-Dundas Square to Proceed
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33125.pdf

EX46.73 - Various Agreements regarding the new Regent Park Community Centre, Aquatic Centre and Children and Youth Hub

Decision Type:
ACTION
Status:
Adopted
Ward:
28 - Toronto Centre-Rosedale

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council authorize, the City, as Purchaser, enter into an Amending Agreement with Toronto Community Housing Corporation (TCHC), as Vendor, to amend the Agreement of Purchase and Sale (APS) dated May 28, 2008, for the purchase of the property as described in the APS, currently known as 38/40 Regent Street (the "Property"), substantially on the terms set out in Appendix "B" in the report (August 4, 2010) from the General Manager, Parks, Forestry and Recreation; the General Manager, Children's Services; and the Chief Corporate Officer, and that each of the Chief Corporate Officer and the Director of Real Estate Services be authorized to severally execute the Amending Agreement on behalf of the City.

 

2.         City Council authorize staff to negotiate and enter into three (3) separate Agreements with Regent Park Energy Inc. for a term of twenty-five (25) years each, commencing approximately fall 2010, fall 2011, and fall 2012 for the children and youth hub, aquatic centre, and community centre respectively, for the supply of district thermal energy to the Regent Park Children and Youth Hub located at 30 Regent Street (now known as 38/40 Regent Street), the new Regent Park Aquatic Centre and Community Centre located within Phase 2 of the Regent Park Revitalization area, in a form satisfactory to the General Manager of Children’s Services, the General Manager of Parks, Forestry and Recreation and the City Solicitor, subject to the City becoming the owner of the respective sites.

 

3.         City Council authorize the increase in the 2010 Capital Budget for Children’s Services by $478,400 to fund the capital costs of implementing the piping required to receive thermal energy from Regent Park Energy Inc. with $244,000 funded by TCHC and $234,400 funded through a loan from Toronto’s Sustainable Energy Plan, Green Energy Fund to be re-paid over a twenty year term at 0% interest.

 

4.         City Council grant an exemption to the Below-Market Rent (BMR) Policy to allow Regent Park Community Health Centre and Regent Park Focus Youth Media Arts Centre to become tenants at 40 Regent Street without the need to solicit a request for proposals as required by the Below-Market Rent Policy.

 

5.         City Council authorize a new BMR lease agreement with Regent Park Community Health Centre and a new BMR lease agreement with Regent Park Focus Youth Media Arts Centre, both for a five (5) year term, with a reduction in their additional rent for 2010 by the total amount of $14,503.73 apportioned between the BMR tenants in proportion to the size of their respective leased premises, subject to Council approving such subsidy amount, and based on the terms and conditions set out in Appendix “C” in the report (August 4, 2010) from the General Manager, Parks, Forestry and Recreation; the General Manager, Children's Services; and the Chief Corporate Officer, and other terms and conditions deemed appropriate by the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

 

6.         City Council authorize amending BMR lease agreements with Regent Park Community Health Centre and Regent Park Focus Youth Media Arts Centre to be entered into any time during the balance of the five year BMR lease terms to reflect any additional subsidies that City Council may decide to give the tenants towards their respective additional rent costs under their leases.

 

7.         City Council authorize Children's Services to contribute on a one-time only basis $14,503.73 in 2010 from within the 2010 Approved Operating Budget towards increased occupancy costs for Regent Park Community Health Centre and Regent Park Focus Youth Media Arts Centre which resulted from relocation of these organizations to 40 Regent Street.

 

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

 

9.         City Council authorize the City Solicitor to complete the leases, deliver any notices, pay expenses and amend the commencement and other dates to such earlier or later date(s), on such terms and conditions, as she may, from time to time, determine.

Background Information (Committee)

Various Agreements regarding the new Regent Park Community Centre, Aquatic Centre and Children and Youth Hub
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33126.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Audit Committee - Meeting 18

AU18.1 - 2009 Audited Consolidated Financial Statements - City of Toronto

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council approve the 2009 Consolidated Financial Statements as attached in Appendix A to the report (June 21, 2010) from the Deputy City Manager and Chief Financial Officer and the Treasurer.

Background Information (Committee)

Report (June 21, 2010) from the Deputy City Manager and Chief Financial Officer and the Treasurer
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31534.pdf
Appendix A - 2009 Consolidated Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31674.pdf
Appendix B - Key Issues/Risks Facing the City of Toronto
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31675.pdf
Appendix C - Glossary
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31676.pdf
Presentation material (June 30, 2010) submitted by the Deputy City Manager and Chief Financial Officer (AU18.1a)
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31843.pdf

AU18.2 - City of Toronto Audit Results - Year Ended December 31, 2009

Decision Type:
ACTION
Status:
Adopted on Consent

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council receive for information, the City of Toronto Audit Results for the year ended December 31, 2009, submitted by Ernst & Young LLP, Chartered Accountants.

Background Information (Committee)

City of Toronto Audit results - Year Ended December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31613.pdf

Audit Committee - Meeting 19

AU19.1 - Agencies, Boards, Commissions and Corporations - Financial Statements for the Year Ended December 31, 2009

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010 adopted the following:

 

1.         City Council receive for information, the 2009 Financial Statements and related documents of the following agencies, boards, commissions and corporations:

 

         Exhibition Place

-           The North York Performing Arts Centre Corporation (operating as The Toronto Centre for the Arts)

-           The Sony Centre for the Performing Arts

-           The St. Lawrence Centre for the Arts

         Toronto Atmospheric Fund

-           Toronto Public Library

-           Toronto Transit Commission

-           Yonge-Dundas Square

-           Toronto Parking Authority

-           Heritage Toronto.

 

2.         City Council request that when any agency, board or commission is considering a new accounting system, they be required to get approval from the City Manager.

Background Information (City Council)

(August 24, 2010) letter from the Toronto Zoo Board of Management (AU19.1k)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33303.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

1a - Exhibition Place - 2009 Financial Statements

Background Information (Committee)
Consolidated Financial Statements - Exhibition Place, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31535.pdf
Audit Results - Exhibition Place, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31536.pdf
Report (May 31, 2010) from the Chief Executive Officer, Exhibition Place, headed "2009 Consolidated Financial Statements for Exhibition Place"
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31537.pdf
Report (May 31, 2010) from the Chief Executive Officer, Exhibition Place, headed "Audit Results for Exhibition Place - December 31, 2009"
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31538.pdf

1b - The North York Performing Arts Centre Corporation - 2009 Financial Statements

Background Information (Committee)
Financial Statements - The North York Performing Arts Centre Corporation, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31478.pdf
Audit Results - The North York Performing Arts Centre Corporation, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31479.pdf

1c - The Sony Centre for the Performing Arts - 2009 Financial Statements

Background Information (Committee)
Financial Statements - The Sony Centre for the Performing Arts, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31499.pdf
Audit Results - The Sony Centre for the Performing Arts, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31500.pdf

1d - St. Lawrence Centre for the Arts - 2009 Financial Statements

Background Information (Committee)
Financial Statements - St. Lawrence Centre for the Arts, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31497.pdf
Audit Results - St. Lawrence Centre for the Arts, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31498.pdf

1e - Toronto Atmospheric Fund - 2009 Financial Statements

Background Information (Committee)
Consolidated Financial Statements - Toronto Atmospheric Fund, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31539.pdf
Letter (April 22, 2010) from Kirk VanBlarcom, Grant Thornton - Audit Results
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31524.pdf
Letter (March 30, 2010) Kirk VanBlarcom, Grant Thornton - Internal Control Findings
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31525.pdf

1f - Toronto Public Library Board - 2009 Financial Statements

Background Information (Committee)
Letter (June 22, 2010) from the City Librarian, Toronto Public Library
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31496.pdf
Financial Statements - Toronto Public Library, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31704.pdf
Audit Results - Toronto Public Library, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31705.pdf

1g - Toronto Transit Commission - 2009 Financial Statements

Background Information (Committee)
Consolidated Financial Statements - Toronto Transit Commission, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31488.pdf
Audit Results - Toronto Transit Commission, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31489.pdf
Cover Report (May 6, 2010) to the Toronto Transit Commission submitting Audit Results
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31490.pdf
Letter (May 14, 2010) from the General Secretary, TTC, forwarding Financial Statements to the Audit Committee
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31491.pdf
Letter (May 14, 2010) from the General Secretary, TTC, Forwarding Audit Results to the Audit Committee
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31492.pdf

1h - Yonge-Dundas Square - 2009 Financial Statements

Background Information (Committee)
Financial Statements - Yonge-Dundas Square, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31495.pdf

1i - Toronto Parking Authority - 2009 Financial Statements

Background Information (Committee)
Financial Statements - Toronto Parking Authority, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31776.pdf
Audit Results - Toronto Parking Authority, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31777.pdf

1j - Heritage Toronto - 2009 Financial Statements

Background Information (Committee)
Part 1 - Financial Statements - Heritage Toronto, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31867.pdf
Part 2 - Financial Statements - Heritage Toronto, December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31868.pdf
Letter (June 7, 2010) from Kirk VanBlarcom, Grant Thornton, Audit Results
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31869.pdf

AU19.3 - Trust Funds - 2009 Audited Consolidated Financial Statements

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council approve the 2009 Audited Trust Funds Consolidated Financial Statements as attached in Appendix A to the report (June 28, 2010) from the Treasurer.

Background Information (Committee)

Report (June 28, 2010) from the Treasurer - 2009 Audited Trust Funds Consolidated Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31785.pdf
Appendix A - 2009 Trust Funds Consolidated Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31786.pdf
Appendix B - 2009 Audit Results - Consolidated Trust Funds
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31787.pdf
Place Holder Report (June 16, 2010) from the Treasurer - 2009 Audited Trust Funds Consolidated Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31531.pdf

AU19.4 - Arenas - 2009 Audited Financial Statements

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council receive the 2009 audited financial statements and summary management letter of Arenas attached as Appendices to the report (June 15, 2010) from the Auditor General.

Background Information (Committee)

Report (June 15, 2010) from the Auditor General - Arenas - 2009 Audited Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31507.pdf
Appendix 1 - Forest Hill Memorial Arena
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31508.pdf
Appendix 2 - George Bell Arena
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31509.pdf
Appendix 3 - McCormick Playground Arena
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31510.pdf
Appendix 4 - Moss Park Arena
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31511.pdf
Appendix 5 - North Toronto Memorial Arena
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31512.pdf
Appendix 6 - Ted Reeve Community Arena
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31513.pdf
Appendix 7 - William H. Bolton Arena
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31514.pdf
Appendix 8 - Letter (June 7, 2010) from Kirk Vanblarcom, Partner, Grant Thornton, LLP - Summary Management Letter of the Audits of the City's Arenas
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31515.pdf

AU19.5 - Community Centres - 2009 Audited Financial Statements

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council receive the 2009 audited financial statements of Community Centres and summary management letter attached as Appendices to the report (June 15, 2010) from the Auditor General.

 

2.         City Council receive the 2009 audited financial statements of the Harbourfront Community Centre.

Background Information (Committee)

Report (June 15, 2010) from the Auditor General - Community Centres - 2009 Audited Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31626.pdf
Appendix 1 - Applegrove Community Complex
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31627.pdf
Appendix 2 - Cecil Street Community Centre
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31628.pdf
Appendix 3 - Central Eglinton Community Centre
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31629.pdf
Appendix 4 - Community Centre 55
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31630.pdf
Appendix 5 - 519 Church Street Community Centre
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31631.pdf
Appendix 6 - Eastview Neighbourhood Community Centre
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31632.pdf
Appendix 7 - Ralph Thornton Community Centre
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31633.pdf
Appendix 8 - Scadding Court Community Centre
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31634.pdf
Appendix 9 - Swansea Town Hall Community Centre
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31635.pdf
Appendix 10 - Letter (June 7, 2010) from Kirk Vanblarcom, Partner, Grant Thornton, LLP - Summary Management Letter of the Audits of the City's Community Centres
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31636.pdf
Harbourfront Community Centre - 2009 Financial Statements (AU19.5a)
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31859.pdf

AU19.6 - Business Improvement Areas (BIAs) - 2009 Audited Financial Statements

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council approve the 2009 audited financial statements and management letters of the thirty-four (34) Business Improvements Areas (BIAs) attached as Appendices A-1 to AI-1 of the report (June 17, 2010) from the Treasurer and the Director, Business Services, Economic Development and Culture.

Background Information (Committee)

Report (June 17, 2010) from the Treasurer and the Director, Business Services, Economic Development and Culture
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31533.pdf
Appendix A-1 - Albion Islington BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31569.pdf
Appendix B-1 - Bloor Street BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31571.pdf
Appendix C-1 - Bloor West Village BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31572.pdf
Appendix D-1 - Bloor Yorkville BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31573.pdf
Appendix D-2 - Bloor Yorkville Management Letter (April 23, 2010) from Rafiq Dosani
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31574.pdf
Appendix E-1 - Bloorcourt Village BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31575.pdf
Appendix F-1 - Chinatown BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31576.pdf
Appendix G-1 - Church-Wellesley BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31577.pdf
Appendix H-1 - Crossroads of the Danforth BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31579.pdf
Appendix I-1 - Danforth Mosaic BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31580.pdf
Appendix J-1 - Greektown on the Danforth BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31581.pdf
Appendix K-1 - Harbord Street BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31582.pdf
Appendix L-1 - Junction Gardens BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31583.pdf
Appendix M-1 - Kingsway BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31584.pdf
Appendix N-1 - Korea Town BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31585.pdf
Appendix O-1 - Lakeshore Village BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31586.pdf
Appendix P-1 - Liberty Village BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31587.pdf
Appendix Q-1 - Mimico Village BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31588.pdf
Appendix R-1 - Mirvish Village BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31589.pdf
Appendix S-1 - Mount Dennis BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31590.pdf
Appendix T-1 - Mount Pleasant BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31591.pdf
Appendix U-1 - Pape Village BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31592.pdf
Appendix V-1 - Parkdale Village BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31593.pdf
Appendix W-1 - Regal Heights Village BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31594.pdf
Appendix X-1 - Riverside BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31595.pdf
Appendix Y-1 - Sheppard East Village BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31596.pdf
Appendix Z-1 - St. Clair Gardens BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31597.pdf
Appendix AA-1 - The Eglinton Way BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31601.pdf
Appendix AB-1 - Upper Village BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31602.pdf
Appendix AC-1 - Uptown Yonge BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31603.pdf
Appendix AD-1 - Waterfront BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31604.pdf
Appendix AE-1 - Wexford Heights BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31605.pdf
Appendix AF-1 - Wychwood Heights BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31606.pdf
Appendix AG-1 - Yonge-Lawrence Village BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31607.pdf
Appendix AH-1 - York Eglinton BIA - 2009 Financial Statements
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31608.pdf
Appendix AI-1 - Management Letter (June 14, 2010) from Rafiq Dosani, for various BIAs - year ending December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31609.pdf

AU19.7 - Status of the Financial Audits of the City’s Agencies, Boards and Commissions for the Year Ended December 31, 2009

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council receive for information, the status report (June 15, 2010) from the Auditor General, respecting the financial audits of the City’s agencies, boards and commissions for the year ended December 31, 2009.

Background Information (Committee)

Report (June 15, 2010) from the Auditor General - Status of the Financial Audits of the City's Agencies, Boards and Commissions for the Year Ended December 31, 2009
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31516.pdf

AU19.8 - Management of Capital Project 129 Peter Street - Shelter, Support and Housing Administration, Facilities Management and Real Estate Divisions

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council request the City Manager to direct all staff to prepare reports which contain accurate and complete financial impact statements.  Such reports to address all financial implications both capital and operating.  Reports relating to capital acquisitions contain information on required future state of good repair budgetary requirements.

 

2.         City Council request the City Manager to direct all staff that under no circumstances should capital lease agreements be negotiated prior to consultation with the Deputy City Manager and Chief Financial Officer.  The City Manager further advise all staff that potential lease agreements only be consummated after compliance with City policy.

 

3.         City Council request the Deputy City Manager and Chief Financial Officer to propose amendments to the Financial Control By-law requiring that final total capital project costs for all major capital projects are reported to the appropriate Standing Committee.  Such reporting include a comparison of costs to budget as well as a comparison of actual completion date to projected completion date.

 

4.         City Council request the City Manager to direct staff, when requesting Council approvals for additional financing, to include complete project costs, including management fees and direct salary costs, and budget information as well as estimated project completion dates in all reports.

 

5.         City Council request the City Manager to direct that the Design, Construction and Asset Preservation section of the Facilities Management Division be designated as the lead project manager for all renovation projects.  The role of client divisions be clearly defined.

 

6.         City Council request the City Manager, in consultation with the Executive Director, Facilities Management, to require that project charters be prepared for all capital projects.  Project charters should define the scope of work, objectives, key deliverables, and project timelines and be approved in writing by both the Design, Construction and Asset Preservation section and the client division.

 

7.         City Council request the City Manager, in consultation with the City Clerk, to give consideration to the development of a process or a protocol which would enable Councillors, when considering Motions, to be advised of the financial implications of such Motions.  If this is not possible prior to decisions being made then consideration be given to providing this information at a subsequent meeting.

 

8.         City Council request the Executive Director, Facilities Management, in consultation with the Director, Purchasing and Materials Management, project managers and external consultants, to ensure that project design documents are complete and as accurate as possible prior to tender issue.

 

9.         City Council request that the Executive Director, Facilities Management, be given sole authority to make decisions on the method by which accessibility requirements be incorporated in all relevant tender documents.  The design of construction and renovation projects be required to comply with the City’s Accessibility Design Guidelines and any new requirements under the Accessibility for Ontarians with Disabilities Act, 2005.

 

10.       City Council request the Director, Design, Construction and Asset Preservation, to comply with the City’s asbestos management policy that requires tender documents include a building asbestos assessment report and building asbestos record.  In addition, if necessary and practical, an intrusive asbestos survey should be completed prior to commencing renovations or construction work to confirm the presence of asbestos in the building.

 

11.       City Council request the City Manager to direct all staff involved in the design of major construction and renovation projects to ensure that all tender and design documents are complete and signed off by the Facilities Management Division and incorporate the scope of work as agreed with the client division.

 

12.       City Council request the Executive Director, Facilities Management, on a case by case basis, to evaluate the need to conduct detailed building condition assessments prior to tendering major construction and renovation projects.  The results of assessments be adequately documented and conveyed to project management staff.

 

13.       City Council request the City Manager to direct that Design, Construction and Asset Preservation staff consult with Divisions at the design stage of all projects.  Appropriate sign off of all drawings be standard practice by Design, Construction and Asset Preservation staff in consultation with Division staff.  Such a process be incorporated into the Project Charter.

 

14.       City Council request the Executive Director, Facilities Management, to ensure that contractor invoices and change orders are calculated in accordance with the terms of the relevant contract.  Further, the Executive Director, Facilities Management, take action as warranted after consultation with the City Solicitor to recover any excess change order amounts paid to the 129 Peter Street contractor.

 

15.       City Council request the City Manager to conduct a personnel review of accountability performance of the staff involved in the capital project at 129 Peter Street, and report to the Employee and Labour Relations Committee.

Background Information (Committee)

Report (May 31, 2010) from the Auditor General - Management of Capital Project 129 Peter Street - Shelter, Support and Housing Administration, Facilities Management and Real Estate Divisions
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31701.pdf
Appendix 1
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31702.pdf
Appendix 2 - Management's Response
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31703.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

AU19.9 - Administration of Development Funds, Parkland Levies and Education Development Charges

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council request the Chief Building Official, in consultation with the General Manager of Parks, Forestry and Recreation, to implement controls to prevent the issuance of a building permit until parkland dedication fees have been paid.

 

2.         City Council request the Deputy City Manager and Chief Financial Officer to review the infrastructure construction price index currently used by the City of Ottawa in order to determine whether or not a similar index should be used to adjust annual development charge rates at the City of Toronto.

 

3.         City Council request the Chief Building Official, in consultation with the City Solicitor, to review the feasibility of including in conditional permit agreements, additional fees payable when terms are not met.

 

4.         City Council request the Director of the Affordable Housing Office, in consultation with the Chief Building Official, to review procedures to ensure that information provided in regard to exemptions from development charges for non-profit housing projects is accurate and complete.

 

5.         City Council request the Chief Building Official and the Deputy City Manager and Chief Financial Officer to review those areas of the by-law which are the subject of staff misinterpretation and ensure that such areas are addressed either through amendments to the by-law, policies and procedures manual or through additional staff training.

 

6.         City Council request the Chief Building Official to evaluate the current audit process to ensure development charge calculations are verified to supporting documentation.  Consideration be given to an audit process prior to the issuance of a building permit.

 

7.         City Council request the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor, to develop a corporate policy which formalizes the parameters that should be applied when determining the parkland dedication requirement for developments covered by the Etobicoke Motel Strip Secondary Plan.

 

8.         City Council request the General Manager, Parks, Forestry and Recreation, to ensure that in the future, where parkland dedication fees are set out in negotiated agreements that amounts calculated and collected are in accordance with such agreements and appropriate documentation is maintained for all agreements.

 

9.         City Council request the General Manager, Parks, Forestry and Recreation, to review negotiated parkland dedication fees for projects where the developer still owns the building.  This review should ensure the correct amounts were collected and assess the feasibility of recovering any uncollected funds.

 

10.       City Council request the General Manager, Parks, Forestry and Recreation, in establishing cash payments in lieu of parkland, to set up a process to ensure that land appraisals are current and in compliance with the requirements of the applicable by-law.

 

11.       City Council request the Deputy City Manager and Chief Financial Officer, in consultation with the Chief Building Official, to enter into discussions with the Toronto Catholic District School Board with a view to implement, where feasible, consistent definitions and policies affecting development charge calculations.

 

12.       City Council request the City Treasurer and the Chief Building Official to ensure there is a regular reconciliation of development charges financial information in IBMS and SAP.  An interface between the two systems should be considered.

 

13.       City Council request the Deputy City Manager and Chief Financial Officer to review those development charge reserve funds which have been in existence since prior to amalgamation to determine how these funds can best be used.

Background Information (Committee)

Report (June 16, 2010) from the Auditor General - Administration of Developments Funds, Parkland Levies and Education Development Charges
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31698.pdf
Appendix 1
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31699.pdf
Appendix 2 - Management's Response
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31700.pdf

AU19.10 - Administration of Municipal Land Transfer Tax, Revenue Services Division

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.          City Council request the Deputy City Manager and Chief Financial Officer to review:

 

a.         with the Province, the potential of coordinating audit resources in order to conduct a joint audit of Teranet Enterprises Inc.’s systems; and

 

b.         the Canadian Institute of Chartered Accountants Handbook Section 5970 report.  

 

2.         City Council request the Deputy City Manager and Chief Financial Officer to formalize policies and procedures designed to mitigate the risk of errors in the services rendered by Teranet Enterprises Inc.

 

3.         City Council request the Deputy City Manager and Chief Financial Officer to request from Teranet Enterprises Inc. its Compliance Monitoring Report.  The Compliance Monitoring Report be reviewed to ensure it is independent, can be relied upon and any areas of concern are adequately addressed.

 

4.         City Council request the Deputy City Manager and Chief Financial Officer to request Teranet Enterprises Inc. to ensure that only those fees approved by City Council are charged on municipal land transfer tax transactions.  Further, Revenue Services Division establish a process to ensure Teranet complies with the provisions contained in the Municipal Land Transfer Tax By-law No. 1423-2007.

 

5.         City Council request the Deputy City Manager and Chief Financial Officer to complete a sample review of municipal land transfer tax rebates granted by Teranet Enterprises Inc. during the seven-month period ending August 31, 2008 to ensure that the City’s rebate eligibility criteria were met.

 

6.         City Council request the Deputy City Manager and Chief Financial Officer to review the level of ongoing resources required in order to effectively audit the various documentation provided by third parties to support the payment and rebate of municipal land transfer tax.  Such a process be conducted in collaboration with the Province in order to leverage the current provincial audit program.

 

7.         City Council request the Deputy City Manager and Chief Financial Officer to consider the possibility of recovering staff costs relating to the processing of manual rebate and refund applications on electronically registered conveyances.

 

8.          City Council request the Deputy City Manager and Chief Financial Officer to encourage prompt payment by developing policies to implement interest, financial penalties and other enforcement measures permitted by the Municipal Land Transfer Tax By-law No. 1423-2007.

 

9.          City Council request the Deputy City Manager and Chief Financial Officer:

 

a.         in consultation with the City Solicitor, to review the Municipal Land Transfer Tax By-law No. 1423-2007 to identify any provisions requiring clarification or amendment, and report to City Council, if necessary, on any revisions identified

 

b.         to develop clear written guidelines to ensure consistent application of provisions in the Toronto Municipal Land Transfer Tax By-law No. 1423-2007 by staff of the Revenue Services Division.

Background Information (Committee)

Report (June 16, 2010) from the Auditor General - Administration of Municipal Land Transfer Tax, Revenue Services Division
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31695.pdf
Appendix 1
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31696.pdf
Appendix 2 - Management's Response
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31697.pdf

AU19.11 - Review of the City SAP Competency Centre

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council request the City Manager, in consultation with the Chief Information Officer, to review the current reporting structure and relationships between divisional SAP representatives and the Competency Centre with a view to:

 

a        minimizing delays in the completion of SAP projects;

 

b.         ensuring that the ownership of certain SAP modules is clarified and workable; and

 

c.         ensuring that there is an appropriate segregation of duties between SAP divisional staff and the SAP Competency Centre.

 

2.         City Council request the City Manager, in consultation with the Chief Information Officer, to formalize a policy to require adherence to SAP best practices for all City-wide SAP projects, and implement quality assurance measures to ensure such practices are followed.

 

3.         City Council request the Chief Information Officer to establish a formal process for the SAP Competency Centre to develop and maintain the Integrated SAP Work Plan as part of the existing SAP governance model.

 

4.         City Council request the City Manager, in consultation with the Chief Information Officer, to establish a formal process for ensuring those assigned accountability for overseeing SAP projects understand the City SAP environment and have sufficient knowledge and expertise in SAP best practice and methodology.

 

5.         City Council request the Chief Information Officer to include SAP Competency Centre service level expectations in formal service level agreements currently being prepared between operating divisions and the Information and Technology Division.

 

6.         City Council request the City Manager to establish a process for maintaining a single repository for SAP related issues and risks, and the Chief Information Officer establish a formal process for collecting, addressing and reporting on such risks.

 

7.         City Council request the Chief Information Officer to develop SAP Competency Centre performance measures and standards.  Such measures and standards should monitor ongoing performance.

Background Information (Committee)

Report (June 15, 2010) from the Auditor General - Review of the City SAP Competency Centre
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31661.pdf
Appendix 1
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31662.pdf
Appendix 2 - Management's Response
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31663.pdf

AU19.13 - Auditor General's Status Report on Outstanding Audit Recommendations for City Divisions

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council receive for information, the report (June 15, 2010) from the Auditor General.

Background Information (Committee)

Report (June 15, 2010) from the Auditor General - Status Report on Outstanding Audit Recommendations for City Divisions
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31541.pdf
Appendix 1
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31542.pdf

AU19.14 - Auditor General's Status Report on Outstanding Audit Recommendations for City Agencies, Boards and Commissions

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council receive for information, the report (June 1, 2010) from the Auditor General.

Background Information (Committee)

Report (June 1, 2010) from the Auditor General - Status Report on Outstanding Audit Recommendations for City Agencies, Boards and Commissions
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31555.pdf
Appendix 1 - Toronto Parking Authority
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31556.pdf
Appendix 2 - Toronto Police Services Board
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31557.pdf
Appendix 3 - Board of Health
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31558.pdf
Appendix 4 - Toronto Public Library Board
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31559.pdf

AU19.15 - Auditor General's Office - Forensic Unit Status Report on Outstanding Recommendations

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council receive for information, the report (June 11, 2010) from the Auditor General.

Background Information (Committee)

Report (June 11, 2010) from the Auditor General - Forensic Unit Status Report on Outstanding Recommendations
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31560.pdf
Appendix 1
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31561.pdf

AU19.17 - The Review of the Investigation of Sexual Assaults - A Decade Later, Toronto Police Service

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council receive for information, the report (August 5, 2010) from the Chair, Toronto Police Services Board.

Background Information (Committee)

Report (June 11, 2010) from the Auditor General - The Review of the Investigation of Sexual Assaults - A Decade Later, Toronto Police Service
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31517.pdf

Background Information (City Council)

(August 5, 2010) supplementary report from the Chair, Toronto Police Services Board (AU19.17a)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33266.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Howard Moscoe (Carried)

That City Council receive for information, the report (August 5, 2010) from the Chair, Toronto Police Services Board.

Vote (Amend Item (Additional)) Aug-25-2010 10:37 AM

Result: Carried Majority Required - AU19.17 - Moscoe - Motion 1
Total members that voted Yes: 42 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Mike Feldman, Paula Fletcher, Rob Ford, Adam Giambrone, Mark Grimes, Suzan Hall, A.A. Heaps, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Peter Milczyn, David Miller, Ron Moeser, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 2 Members that voted No are John Filion, Anthony Perruzza
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

AU19.18 - The Auditor General's Second Follow-up Review on the Police Investigation of Sexual Assaults

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council receive for information, the report (August 5, 2010) from the Chair, Toronto Police Services Board.

Background Information (Committee)

Report (June 11, 2010) from the Auditor General - The Auditor General's Second Follow-up Review on the Police Investigation of Sexual Assaults
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31521.pdf

Background Information (City Council)

(August 5, 2010) supplementary report from the Chair, Toronto Police Services Board (AU19.18a)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33267.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Howard Moscoe (Carried)

That City Council receive for information, the report (August 5, 2010) from the Chair, Toronto Police Services Board.

AU19.22 - Request for Review by Auditor General of the Process Followed in Response to the Unsolicited Proposal from Tuggs Incorporated

Decision Type:
ACTION
Status:
Received
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, received Item AU19.22, for information.

Background Information (Committee)

Letter (June 14, 2010) from City Council - Request for Review by Auditor General of the Process Followed in Response to the Unsolicited Proposal from Tuggs Incorporated
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31480.pdf

Background Information (City Council)

(August 3, 2010) Briefing Note from Deputy City Manager Sue Corke, entitled "Tuggs Comparative Chart" (AU19.22a)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33395.pdf

Motions (City Council)

1 - Motion to Receive Item moved by Councillor Howard Moscoe (Carried)
That City Council receive this Item for information.

Community Development and Recreation Committee - Meeting 35

CD35.3 - Overview of a Report on an Ontario Income Security Review

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         Consistent with positions City Council has already taken with respect to income security, employment services and social supports, City Council endorse, in principle, the broad directions and process proposed by the Social Assistance Review Advisory Council (SARAC) for a comprehensive and timely review of Ontario's income security system.

 

2.         City Council request the Province of Ontario to engage and consult the City of Toronto as an order of government through the process established to review Ontario’s income security system.

 

3.         City Council request the Mayor and the Chair of the Community Development and Recreation Committee to write to the Minister of Community and Social Services conveying Council's position with respect to the directions and process proposed by SARAC, and urging the Province to commence the review as soon as possible and support, in principle, the short term recommendations consistent with the City’s positions and urge their implementation.

 

4.         City Council request the General Manager, Employment and Social Services, to report back to the Community Development and Recreation Committee on a strategy for the City of Toronto’s input, such strategy to include a strong and broad public participation.

Background Information (Committee)

CD35.3 - Overview of a Report on an Ontario Income Security Review - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/cd/bgrd/backgroundfile-32217.pdf
CD35.3 - Overview of a Report on an Ontario Income Security Review - Attachment 1
https://www.toronto.ca/legdocs/mmis/2010/cd/bgrd/backgroundfile-32238.pdf
CD35.3 - Overview of a Report on an Ontario Income Security Review - Attachment 2
https://www.toronto.ca/legdocs/mmis/2010/cd/bgrd/backgroundfile-32239.pdf

CD35.7 - Sale of Five Toronto Community Housing Corporation Single-Family Houses

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
32 - Beaches-East York, 36 - Scarborough Southwest

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council approve the sale by Toronto Community Housing Corporation (TCHC) of each of the five houses, as listed in Appendix A to the report (August 6, 2010) from the General Manager, Shelter, Support and Housing Administration, on the open market through the multiple listing service, in its capacity as Shareholder, pursuant to section 6.3.1(b) of the Shareholder Direction, on condition that:

 

a.         TCHC invests the proceeds of the sale net of reasonable transaction costs, in the renovation of existing social housing units or the creation of new units, consistent with its Housing Works Strategy as outlined in the Community Management Plan 2010-2012;

 

and subject to:

 

b.         approval from the Ministry of Municipal Affairs and Housing and Canada Mortgage and Housing Corporation.

 

2.         City Council authorize the General Manager, Shelter, Support and Housing Administration, to amend the TCHC Operating Agreement to adjust funding and service level obligations as a result of the sale and enter into any agreements and ancillary documentation deemed appropriate in connection with the sale of the houses on terms and conditions satisfactory to the General Manager and in a form satisfactory to the City Solicitor.

Background Information (Committee)

CD35.7 - Sale of Five Toronto Community Housing Corporation Single-Family Houses - Staff Report and Appendix A
https://www.toronto.ca/legdocs/mmis/2010/cd/bgrd/backgroundfile-32984.pdf

CD35.8 - 2011 to 2014 Federal Homelessness Funding: Authority to Negotiate and Administer a New Federal Agreement

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council authorize the General Manager, Shelter, Support and Housing Administration, in consultation with the City Solicitor, to enter into a contribution agreement with Service Canada or related entity for funding under a renewal of the Homelessness Partnering Strategy, or any new federal homelessness funding program.

 

2.         City Council authorize the General Manager, Shelter, Support and Housing Administration, to undertake appropriate measures to develop funding priorities for any renewal of the Homelessness Partnering Strategy, or other similar federal funding program, including seeking input from community consultation, dependent on new program terms and conditions once announced and based on the proposed draft Community Plan substantially as outlined in Appendix A to the report (August 6, 2010) from the General Manager, Shelter, Support and Housing Administration.

 

3.         Once the contribution agreement with Service Canada or related entity is in place, City Council authorize the General Manager, Shelter, Support and Housing Administration, to enter into agreements with other City divisions, project sponsor agencies, and/or private expertise to deliver projects in line with the terms and conditions of the federal agreement, other than new housing development projects, which will be approved through the Affordable Housing Committee and Council.

 

4.         Based upon a finalized contribution agreement with Service Canada or related entity, City Council authorize the General Manager, Shelter, Support and Housing Administration, to undertake appropriate measures to establish sound budgetary priorities, adjust funding among programs as required to ensure effective use of available federal funds, and seek and draw upon input from community consultation, new Council directions/priorities, or other circumstances as might occur in the future, requiring expenditure adjustments.

 

5.         City Council direct that any project currently funded under the Homelessness Partnership Strategy that is not completed by March 31, 2011 be approved as a priority for funding under any new contribution agreement entered into under Part 1 above.

 

6.         City Council direct the General Manager, Shelter, Support and Housing Administration, to report to Committee and Council on any further implications relating to the renewal of the Homelessness Partnering Strategy or the establishment of any new federal homelessness funding program, as required.

Background Information (Committee)

CD35.8 - 2011 to 2014 Federal Homelessness Funding: Authority to Negotiate and Administer a New Federal Agreement - Staff Report and Appendices A and B
https://www.toronto.ca/legdocs/mmis/2010/cd/bgrd/backgroundfile-32985.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

CD35.9 - Update on Newcomer and Settlement Issues and Initiatives

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council direct that upon funding approval by the Ministry of Citizenship and Immigration (MCI), Social Development, Finance and Administration's 2010 Operating Budget be increased on a one-time basis by an amount of $87,500 gross and 0 net in 2010 and $87,500 gross and 0 net in 2011 including one temporary position for a total of $175,000 for 2010 and 2011.

 

2.         City Council reaffirm Toronto's motto "Diversity Our Strength" and the City’s commitment to supporting immigrants of all classes, including refugees, through the delivery and coordination of services and by working with the Ontario and federal governments to renew the trilateral agreements to provide Toronto with a strong role in serving immigrants to this City.

Background Information (Committee)

CD35.9 - Update on Newcomer and Settlement Issues and Initiatives - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/cd/bgrd/backgroundfile-32953.pdf

CD35.10 - Proposed Short Term Provincial Program to Help Address Housing Affordability Issues

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on August 25 and 26, 2010, adopted the following:

 

1.         City Council authorize the General Manager, Shelter, Support and Housing Administration, in consultation with the City Solicitor, to enter into a transfer payment agreement or related agreement(s) with the Ministry of Municipal Affairs and Housing or related entity for funding available under a new short term rental assistance program.

 

 2.        City Council authorize the General Manager, Shelter, Support and Housing Administration, to negotiate with the provincial government to develop the terms of the new program and to undertake appropriate measures to develop program guidelines, as required.

 

3.         City Council authorize the General Manager, Shelter, Support and Housing Administration, to enter into agreements with the provincial government, other City divisions, community agencies and/or private entities to deliver the program, as required.

 

4.         City Council direct the General Manager, Shelter, Support and Housing Administration, to report to Community Development and Recreation Committee and Council in early 2011 on the details and any further implications of the new short term provincial rental assistance program.

Background Information (Committee)

CD35.10 - Proposed Short Term Provincial Program to Help Address Housing Affordability Issues - Letter from Councillor Janet Davis
https://www.toronto.ca/legdocs/mmis/2010/cd/bgrd/backgroundfile-33214.pdf

Background Information (City Council)

(August 23, 2010) supplementary report from the General Manager, Shelter, Support and Housing Administration (CD35.10a)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33304.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Janet Davis (Carried)

That City Council adopt the following recommendations contained in the report (August 23, 2010) from the General Manager, Shelter, Support and Housing Administration [CD35.10a]:

 

1.         City Council authorize the General Manager, Shelter, Support and Housing Administration, in consultation with the City Solicitor, to enter into a transfer payment agreement or related agreement(s) with the Ministry of Municipal Affairs and Housing or related entity for funding available under a new short term rental assistance program.

 

2.         City Council authorize the General Manager, Shelter, Support and Housing Administration, to negotiate with the provincial government to develop the terms of the new program and to undertake appropriate measures to develop program guidelines, as required.

 

3.         City Council authorize the General Manager, Shelter, Support and Housing Administration, to enter into agreements with the provincial government, other City divisions, community agencies and/or private entities to deliver the program, as required.

 

4.         City Council direct the General Manager, Shelter, Support and Housing Administration, to report to Community Development and Recreation Committee and Council in early 2011 on the details and any further implications of the new short term provincial rental assistance program. 

Vote (Amend Item (Additional)) Aug-25-2010 10:36 AM

Result: Carried Majority Required - CD35.10 - Davis - Motion 1
Total members that voted Yes: 43 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Mike Feldman, John Filion, Paula Fletcher, Rob Ford, Adam Giambrone, Mark Grimes, Suzan Hall, A.A. Heaps, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Peter Milczyn, David Miller, Ron Moeser, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 1 Members that voted No are Frank Di Giorgio
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

Economic Development Committee - Meeting 32

ED32.1 - The "Ward" Gallery of Immigration

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council dedicate the currently vacant third floor mezzanine of City Hall for use as The "Ward" Gallery of Immigration.

 

2.         City Council direct staff, led by the General Manager of Economic Development and Culture or his designate, to initiate community engagement processes to:

 

a.         finalize the scope, content and design of The "Ward" Gallery of Immigration; and

 

b.         raise funds to implement the Gallery.

 

3.         City Council establish a Ward Gallery Advisory Committee that reflects the various ethnic groups resident in the ward, along with members of the historical community with an interest in this historical period, and at least one Member of Council.  The Advisory Committee will:

 

a.         provide advice and guidance to staff with regard to the gallery;

 

b.         engage the various communities in Toronto;

 

c.         help seek out private archives that might enrich the gallery; and

 

d.         assist with fund-raising for the gallery.

 

4.         City Council direct staff to report back to the appropriate committee, once the exhibition program and gallery design has been finalized, with additional information on building retrofit implications and costs.

Background Information (Committee)

The "Ward" Gallery of Immigration - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/ed/bgrd/backgroundfile-32145.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Howard Moscoe (Carried)

That:

 

1.         City Council establish a Ward Gallery Advisory Committee that reflects the various ethnic groups resident in the ward, along with members of the historical community with an interest in this historical period, and at least one Member of Council.  The Advisory Committee will:

 

a.         provide advice and guidance to staff with regard to the gallery;

 

b.         engage the various communities in Toronto;

 

c.         help seek out private archives that might enrich the gallery; and

 

d.         assist with fund-raising for the gallery.


Motion to Adopt Item as Amended (Carried)

ED32.2 - Intention to Expand the St. Lawrence Market Neighbourhood Business Improvement Area (BIA)

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
28 - Toronto Centre-Rosedale

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council state its intention to designate the area described by Attachment 1 (Maps 1 to 2) of the report (July 14, 2010) from the General Manager, Economic Development and Culture, as an expanded Business Improvement Area (BIA), under Chapter 19 of the City of Toronto Municipal Code.

 

2.         City Council authorize and direct the City Clerk to send out a notice of Council’s intention to expand the boundary of the St. Lawrence Market Neighbourhood Business Improvement Area (BIA) to include the area shown in Attachment 1 (Maps 1 to 2) of the report (July 14, 2010) from the General Manager, Economic Development and Culture, in accordance with Chapter 19 of the City of Toronto Municipal Code.

 

3.         City Council request the Executive Director of Technical Services to prepare designation by-law maps of the area as described by Attachment 1 (Maps 1 to 2) of the report (July 14, 2010) from the General Manager, Economic Development and Culture, and submit them to the City Solicitor. 

Background Information (Committee)

Intention to Expand the St. Lawrence Market Neighbourhood Business Improvement Area (BIA) - Staff Report
https://www.toronto.ca/legdocs/mmis/2010/ed/bgrd/backgroundfile-32162.pdf
Intention to Expand the St. Lawrence Market Neighbourhood Business Improvement Area (BIA) - Attachment 1 (Maps 1 to 2)
https://www.toronto.ca/legdocs/mmis/2010/ed/bgrd/backgroundfile-32163.pdf

ED32.3 - Mimico Village Business Improvement Area (BIA) Boundary Expansion Poll Results

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
6 - Etobicoke-Lakeshore

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         Based on the poll results respecting the intention to expand the Mimico Village BIA, City Council designate the area described by Attachment 1 of the report (July 28, 2010) from the General Manager, Economic Development and Culture, as the expanded Mimico Village Business Improvement Area (BIA), under Chapter 19 of the City of Toronto Municipal Code.

 

2.         City Council direct the City Solicitor to submit a by‑law to designate the area described in Attachment 1 of the report (July 28, 2010) from the General Manager, Economic Development and Culture, as a Business Improvement Area.

Background Information (Committee)

Mimico Village Business Improvement Area (BIA) Boundary Expansion Poll Results - Staff Report and Attachment 1
https://www.toronto.ca/legdocs/mmis/2010/ed/bgrd/backgroundfile-32219.pdf

Government Management Committee - Meeting 33

GM33.1 - Sale of Stratified Portion of 30 Roehampton Avenue - Municipal Carpark No. 49

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
22 - St. Paul's

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council approve a transaction between the Toronto Parking Authority (TPA) and MUC Properties Inc. (MUC) involving a conveyance to MUC of a stratified interest in the City-owned lands declared surplus and located at 30 Roehampton Avenue.  Conveyance consideration is for a minimum Base Purchase Price of $18.4 million.  The Base Purchase Price will be reduced by a sum equal to $95.00 for each square foot of GFA for which the Project is less than 250,000 square feet however the agreement of purchase and sale provides for a guaranteed Base Purchase Price of no less than $17.0 million.  The Base Purchase Price will be increased as part of a density related Purchase Price Bonus of up to $1.2 million.  The purpose of the conveyance is to construct a condominium complete with a public parking garage to be built to TPA specifications and containing approximately 150 spaces, on the terms and conditions as outlined in the body of the report (July 26, 2010) from the President, Toronto Parking Authority, and detailed in Appendix A of the report.

 

2.         City Council authorize and direct the appropriate City Officials to execute all necessary documents including but not limited to an Interim Parking Lease Agreement, Construction Procedures Agreement and Reciprocal Cost Sharing Agreement along with all necessary transfers and undertakings.

 

3.         City Council authorize and direct the appropriate City Officials to take the necessary actions to give effect thereto.

Background Information (Committee)

Report - Sale of Stratified Portion of 30 Roehampton Avenue Municipal Carpark No. 49
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32713.pdf
Site Location Map
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32714.pdf

GM33.2 - Sale of Portions of Public Highways and 1 Foot Reserves to the City of Mississauga for the Inter-Regional Bus Rapid Transit Line

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
3 - Etobicoke Centre

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council, subject to authorizing the permanent closure of that part of the public highway Indian Line, between Eglinton Avenue West and Renforth Drive, being part of the road allowance between Townships of Etobicoke and Toronto Gore, designated as Part 1 on Plan 66R-24324 and shown as Part 1 on Sketch No. PS-2010-037 (“Highway One”), authorize the City to enter into an Agreement of Purchase and Sale with the City of Mississauga for the sale of Highway One, in the amount of $385,000.00, substantially on the terms and conditions outlined in Appendix “A” to the report (July 28, 2010) from the Chief Corporate Officer, and on such other terms and conditions as may be approved by the Chief Corporate Officer.

 

2.         City Council, subject to authorizing the permanent closure of portions of the public highway Eglinton Avenue West, in the City of Mississauga, between Orbitor Drive to west of Spectrum Way, being Part 1 on Plan 43R-13337,   Blocks 11, 12 and 13 on Plan 43M-793 and Part 3 on Plan 43R-14617 and shown as Part 2 on Sketch No. PS-2009-080, Part 2 on Sketch No. PS-2009-081 and Part 2 and Part 4 on Sketch No. PS-2009-082a (collectively “Highway Two”), authorize the City to enter into an Agreement of Purchase and Sale with the City of Mississauga for the sale of Highway Two, and also for the one foot reserves abutting Highway Two to the north, said reserves shown as Part 1 on Sketch Nos. PS-2009-080 and PS-2009-081 and Parts 1 and 3 on Sketch No. PS-2009-082a (the “Reserves”), all for nominal consideration, substantially on the terms and conditions outlined in Appendix “B” to the report (July 28, 2010) from the Chief Corporate Officer, and on such other terms and conditions as may be approved by the Chief Corporate Officer.

 

3.         City Council authorize each of the Chief Corporate Officer and the Director of Real Estate Services severally to execute on behalf of the City.

 

4.         City Council grant authority to direct a portion of the proceeds of closing of Highway One to fund the outstanding expenses related to the sale of Highway One, Highway Two, the Reserves and the completion of the sale transactions.

 

5.         City Council authorize the City Solicitor to complete the transactions on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending or waiving terms and conditions, on such terms as she considers reasonable.

Background Information (Committee)

Report - Sale of Portions of Public Highways and 1 Foot Reserves to the City of Mississauga for the Inter-Regional Bus Rapid Transit Line
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32720.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32721.pdf
Appendix B
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32722.pdf
Appendix C
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32723.pdf

GM33.3 - Sale of Portion of the Westwood Lands

Decision Type:
ACTION
Status:
Amended
Ward:
5 - Etobicoke-Lakeshore

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council exempt the agreement of purchase and sale for the Property and required ancillary agreements (APS) with the Ontario Realty Corporation (ORC) from the City’s policy on unsolicited proposals and authorize the APS generally on the terms set out in Confidential Attachment 1 to the report (August 19, 2010) from the Chief Corporate Officer, and on such other terms as are acceptable to the Chief Corporate Officer, in form satisfactory to the City Solicitor.

 

2.         City Council authorize the public release of the confidential information and recommendations in Confidential Attachment 1 to the report (August 19, 2010) from the Chief Corporate Officer, if the sale of the Property to ORC is completed. 

 

3.         City Council authorize the arrangements, to be set out in the APS, to engage ORC, on a sole-source basis, to provide the services (at no cost to the City) necessary to manage, in compliance with the City’s procurement policies and requirements, the procurement processes necessary for the hiring of consultants and contractors to perform remediation and servicing work on the Property and surrounding City-owned lands.

 

4.         City Council rescind Recommendation 3 of EX2.10 as approved on February 5, 6, 7, and 8, 2007, regarding the allocation of sale proceeds from the Westwood lands, so that the terms of the APS may be implemented.

 

5.         City Council grant authority severally to each of the Chief Corporate Officer and the Director of Real Estate Services to execute the APS on behalf of the City.

 

6.         City Council grant authority to fund the City’s outstanding expenses related to closing of the sale of the Property to ORC from the Approved Operating Budget of Facilities and Real Estate in 2012, as necessary and, once these expenses are known, to transfer the funding for these expenses from the Land Acquisition Reserve Fund (LARF), with appropriate adjustments to F&RE’s Approved Operating Budgets, as necessary, through subsequent Quarterly Variance Reports.

 

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

 

8.         City Council approve, as the approving authority under the provisions of the Expropriations Act, the transfer to ORC of any portion of the Property that was acquired by expropriation without giving the original owner from whom the property was expropriated the first chance to repurchase the property

 

Confidential Attachment 1 to the report (August 19, 2010) from the Chief Corporate Officer remains confidential in its entirety, at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information related to a proposed or pending land transaction by the City.    The confidential information and recommendations will be released if the sale of the property to the Ontario Realty Corporation is completed.

Confidential Attachment - A proposed or pending acquisition or sale of land for municipal or local board purposes

Background Information (Committee)

Report - Sale of Portion of the Westwood Lands - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32724.pdf

Background Information (City Council)

(August 19, 2010) supplementary report from the Chief Corporate Officer (GM33.3a)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33282.pdf
Attachment 2 - Draft Reference Plan
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33283.pdf
Attachment 3 - Six Points Interchange Reconfiguration Recommended Design
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33284.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Peter Milczyn (Carried)

That City Council adopt the recommendations contained in the report (August 19, 2010) from the Chief Corporate Officer [GM33.3a], amended by adding a new Recommendation 8, so that the recommendations now read as follows:

 

1.         City Council exempt the agreement of purchase and sale for the Property and required ancillary agreements (APS) with the Ontario Realty Corporation (ORC) from the City’s policy on unsolicited proposals and authorize the APS generally on the terms set out in Confidential Attachment 1 and on such other terms as are acceptable to the Chief Corporate Officer, in form satisfactory to the City Solicitor.

 

2.         City Council authorize the public release of the confidential information and recommendations in Confidential Attachment 1, if the sale of the Property to ORC is completed. 

 

3.         City Council authorize the arrangements, to be set out in the APS, to engage ORC, on a sole-source basis, to provide the services (at no cost to the City) necessary to manage, in compliance with the City’s procurement policies and requirements, the procurement processes necessary for the hiring of consultants and contractors to perform remediation and servicing work on the Property and surrounding City-owned lands.

 

4.         City Council rescind Recommendation 3 of EX2.10 as approved on February 5, 6, 7, and 8, 2007, regarding the allocation of sale proceeds from the Westwood lands, so that the terms of the APS may be implemented.

 

5.         City Council grant authority severally to each of the Chief Corporate Officer and the Director of Real Estate Services to execute the APS on behalf of the City.

 

6.         City Council grant authority to fund the City’s outstanding expenses related to closing of the sale of the Property to ORC from the Approved Operating Budget of Facilities and Real Estate in 2012, as necessary and, once these expenses are known, to transfer the funding for these expenses from the Land Acquisition Reserve Fund (LARF), with appropriate adjustments to F&RE’s Approved Operating Budgets, as necessary, through subsequent Quarterly Variance Reports.

 

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

 

8.         City Council approve, as the approving authority under the provisions of the Expropriations Act, the transfer to ORC of any portion of the Property that was acquired by expropriation without giving the original owner from whom the property was expropriated the first chance to repurchase the property.

Vote (Amend Item (Additional)) Aug-26-2010 2:23 PM

Result: Carried Majority Required - GM33.3 - Milczyn - Motion 1
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Mike Feldman, John Filion, Paula Fletcher, Rob Ford, Suzan Hall, A.A. Heaps, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Joe Mihevc, Peter Milczyn, David Miller, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 1 Members that voted No are Ron Moeser
Total members that were Absent: 6 Members that were absent are Frank Di Giorgio, Adam Giambrone, Mark Grimes, Giorgio Mammoliti, Denzil Minnan-Wong, Anthony Perruzza

GM33.5 - Real Estate Acquisitions - TTC Woodbine Station - Easier Access and Second Exit Program

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
31 - Beaches-East York

City Council Decision

 

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council authorize the Director of Real Estate to negotiate to acquire the Properties as set out in Appendix “A” of the report (July 28, 2010) from the Chief Corporate Officer, and if unsuccessful, to initiate expropriation proceedings, for the purpose of upgrading the Woodbine Station facility in accordance with the Project.

 

2.         City Council grant authority to the Director of Real Estate to serve and publish Notices of Application for Approval to Expropriate the Properties interests identified in Appendix “A” of the report (July 28, 2010) from the Chief Corporate Officer, to forward any requests for hearing that are received to the Chief Inquiry Officer, to attend the hearings in order to present the City’s position, and to report the Inquiry Officer’s recommendations to City Council for its consideration. 

Background Information (Committee)

Report - Real Estate Acquisitions - TTC Woodbine Station - Easier Access and Second Exit Program
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32726.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32727.pdf
Appendix B
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32728.pdf
Appendix C
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32729.pdf

Communications (City Council)

(August 24, 2010) E-mail from Rob Deline, CEO of Innovation Initiative Ontario North (CC.New.GM33.5.1)

GM33.6 - Master Licence Agreement with the Province for Parks, Forestry and Recreation Use of Hydro Corridors

Decision Type:
ACTION
Status:
Adopted
Wards:
1 - Etobicoke North, 2 - Etobicoke North, 3 - Etobicoke Centre, 5 - Etobicoke-Lakeshore, 8 - York West, 10 - York Centre, 11 - York South-Weston, 17 - Davenport, 24 - Willowdale, 26 - Don Valley West, 31 - Beaches-East York, 34 - Don Valley East, 37 - Scarborough Centre, 38 - Scarborough Centre, 41 - Scarborough-Rouge River

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council authorize a licence agreement (the “License”) with the Licensor for non-exclusive use of approximately 315.064 acres of lands as outlined in Appendix "A" of the report (July 27, 2010) from the Chief Corporate Officer, and substantially on the terms and conditions as set out in Appendix “B” attached to the report (July 27, 2010) from the Chief Corporate Officer, and on such other terms and conditions as approved by the Chief Corporate Officer, or his or her designate, and in a form acceptable to the City Solicitor.

 

2.         City Council authorize relevant City authorities to administer and manage the Licence including the provision of any consents, approvals, amendments, notices and notices of termination provided that the they may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

Background Information (Committee)

Report - Master Licence Agreement with the Province for Parks, Forestry and Recreation Use of Hydro Corridors
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32731.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32732.pdf
Appendix B
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32733.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

GM33.7 - Below-Market Rent Lease Agreements at 157 King Street East, 26 Berkeley Street and 165 Front Street East

Decision Type:
ACTION
Status:
Adopted
Ward:
28 - Toronto Centre-Rosedale

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council authorize a new Below-Market Rent (BMR) lease agreement with the Atelier Theatre Society (o/a Opera Atelier) for a five (5) year term with a five (5) year extension option, based on the terms and conditions set out in the attached Appendix “A”, of the report (July 27, 2010) from the Chief Corporate Officer, and on such other terms and conditions deemed appropriate by the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

 

2.         City Council authorize a new Below-Market Rent (BMR) lease agreement with The Canadian Stage Corporation (o/a The Canadian Stage Company) for a ten (10) year term with a ten (10) year extension option, based on the terms and conditions set out in the attached Appendix “B” of the report (July 27, 2010) from the Chief Corporate Officer, and on such other terms and conditions deemed appropriate by the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

 

3.         City Council authorize a new Below-Market Rent (BMR) lease agreement with Young People’s Theatre (o/a Lorraine Kimsa Theatre for Young People) for a ten (10) year term with a ten (10) year extension option, based on the terms and conditions set out in the attached Appendix “C” of the report (July 27, 2010) from the Chief Corporate Officer, and on such other terms and conditions deemed appropriate by the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

 

4.         City Council authorize the City Solicitor to complete the lease, deliver any notices, and amend the commencement and other dates to such earlier or later date(s), on such terms and conditions, as she may, from time to time, determine.

 

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

Background Information (Committee)

Report - Below-Market Rent Lease Agreements at 157 King Street East, 26 Berkeley Street and 165 Front Street East
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32735.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32736.pdf
Appendix B
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32737.pdf
Appendix C
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32738.pdf
Appendix D
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32739.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

GM33.8 - Below-Market Rent Lease Agreement at 35 Strachan Avenue

Decision Type:
ACTION
Status:
Amended
Ward:
19 - Trinity-Spadina

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council authorize a new Below-Market Rent (BMR) lease agreement (the “Agreement”) with Clay & Paper Theatre for a five (5) year term with a five (5) year renewal option, based on the terms and conditions set out in the attached Appendix “A” to the report (July 27, 2010) from the Chief Corporate Officer, and on such other terms and conditions deemed appropriate by the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

 

2.         City Council authorize the City Solicitor to document the Agreement, deliver any notices, and amend the commencement and other dates to such earlier or later date(s), on such terms and conditions as she may, from time to time, determine.

 

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

 

4.         City Council grant an exemption to the Below Market Rent Policy to allow Clay & Paper Theatre to become a tenant at 35 Strachan Avenue without the need to solicit a request for proposals as required by the Below Market Rent Policy.

Background Information (Committee)

Report - Below-Market Rent Lease Agreement at 35 Strachan Avenue
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32740.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32741.pdf
Appendix B
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32742.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Howard Moscoe (Carried)

That City Council adopt the following recommendations contained in the report (July 27, 2010) from the Chief Corporate Officer:

 

1.         City Council authorize a new Below-Market Rent (BMR) lease agreement (the “Agreement”) with Clay & Paper Theatre for a five (5) year term with a five (5) year renewal option, based on the terms and conditions set out in the attached Appendix “A”, and on such other terms and conditions deemed appropriate by the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

 

2.         City Council authorize the City Solicitor to document the Agreement, deliver any notices, and amend the commencement and other dates to such earlier or later date(s), on such terms and conditions as she may, from time to time, determine.

 

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

 

4.         City Council grant an exemption to the Below Market Rent Policy to allow Clay & Paper Theatre to become a tenant at 35 Strachan Avenue without the need to solicit a request for proposals as required by the Below Market Rent Policy.

Vote (Amend Item (Additional)) Aug-26-2010 8:27 PM

Result: Carried Majority Required - GM33.8 - Moscoe - Motion 1
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Frank Di Giorgio, John Filion, Paula Fletcher, Mark Grimes, Suzan Hall, A.A. Heaps, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Peter Milczyn, David Miller, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 2 Members that voted No are Rob Ford, Doug Holyday
Total members that were Absent: 8 Members that were absent are Glenn De Baeremaeker, Mike Del Grande, Mike Feldman, Adam Giambrone, Giorgio Mammoliti, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser

GM33.9 - Amendment to Below-Market Rent Eligibility Criteria and New Below-Market Rent Lease Agreements at 4040 Lawrence Avenue East and Parkway-Forest

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council amend the eligibility criteria in the City's policies, procedures and agreements for making space available in City-owned or leased properties for community use at Below-Market Rents (BMR), as follows:

 

a.         by removing the requirement that at least 50 per cent of the resources and activities of the qualified tenant or sub-tenants are directed to providing services to City of Toronto residents; and

 

b.         by substituting therefore the requirement that qualified tenants or sub-tenants who have been approved to use such space throughout the lease/sublease term, including regional, national or international organizations, provide services, programs and initiatives that, in the opinion of the Executive Director of Social Development, Finance and Administration or the General Manager of the relevant programming division of the City, in consultation with the Chief Corporate Officer, primarily serve and benefit City of Toronto residents.

 

 2.        City Council grant an exemption to the City's BMR policies and procedures to allow Tides Canada Initiatives Society (Tides) to become the tenant at 4040 Lawrence Avenue East on the terms described in Part 3 below without the need to solicit a request for proposals (RFP) as otherwise required.

 

 3.        City Council authorize a new BMR lease agreement with Tides at 4040 Lawrence Avenue East, for a five (5) year term, with the option to renew for one five-year term, substantially based on the terms and conditions set out in Appendix “A” to the report (July 29, 2010) from the Chief Corporate Officer and the Executive Director, Social Development, Finance and Administration, and with such revisions thereto and any other terms and conditions as are acceptable to the Chief Corporate Officer, or his or her designate, and in a form acceptable to the City Solicitor.

 

 4.        In order to implement the community benefits of an earlier agreement under Section 37 of the Planning Act, City Council authorize the City, as tenant, to enter into a new Community Agency Space Lease with 2229845 Ontario Inc., as landlord/owner of 1751 and 1761 Sheppard Avenue East in the Parkway Forest community for a twenty-five (25) year term, with up to three further options to renew, substantially based on the terms and conditions set out in Appendix “C” to the report (July 29, 2010) from the Chief Corporate Officer and the Executive Director, Social Development, Finance and Administration, and with such revisions thereto and any other terms and conditions as are acceptable to the Chief Corporate Officer, or his or her designate, and in a form acceptable to the City Solicitor.

 

 5.        City Council authorize new BMR sub-lease agreements with the following community agencies at 1751 and 1761 Sheppard Avenue East for separate five (5) year terms, substantially based on the terms and conditions set out in Appendix “D” to the report (July 29, 2010) from the Chief Corporate Officer and the Executive Director, Social Development, Finance and Administration, and with such revisions thereto, including variations in names, and any other terms and conditions as are acceptable to the Chief Corporate Officer, or his or her designate, and in a form acceptable to the City Solicitor:

 

a.         Harriet Tubman Community Organization Inc.

b.         Working Women Community Centre

c.         AWIC Community and Social Services

d.         Hong Fook Mental Health Association.

 

 6.        City Council authorize the City Solicitor to complete the Community Agency Space Lease and BMR Lease and sublease agreements referred to in Parts 3, 4, and 5 above, and related documentation, as required, deliver any notices, and amend the respective commencement and other dates to such earlier or later date(s), on such terms and conditions as the City Solicitor, or his or her designate, may from time to time, determine.

 

 7.        City Council authorize the Chief Corporate Officer, or his or her designate, to administer and manage the Community Agency Space Lease and the BMR Lease and sublease agreements, referred to in Parts 3, 4, and 5 above, including the provision of any consents, approvals, notices and notices of termination, provided that the Chief Corporate Officer may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

Background Information (Committee)

Amendment to Below-Market Rent Eligibility Criteria and New Below-Report - Market Rent Lease Agreements at 4040 Lawrence Avenue East and Parkway-Forest
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32744.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32745.pdf
Appendix B
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32746.pdf
Appendix C
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32747.pdf
Appendix D
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32748.pdf
Appendix E
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32750.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Howard Moscoe (Carried)

That City Council adopt the following recommendations contained in the report (July 29, 2010) from the Chief Corporate Officer and the Executive Director, Social Development, Finance and Administration:

 

1.         City Council amend the eligibility criteria in the City's policies, procedures and agreements for making space available in City-owned or leased properties for community use at Below-Market Rents (BMR), as follows:

 

            a.         by removing the requirement that at least 50 per cent of the resources and activities of the qualified tenant or sub-tenants are directed to providing services to City of Toronto residents; and

 

            b.         by substituting therefore the requirement that qualified tenants or sub-tenants who have been approved to use such space throughout the lease/sublease term, including regional, national or international organizations, provide services, programs and initiatives that, in the opinion of the Executive Director of Social Development, Finance and Administration or the General Manager of the relevant programming division of the City, in consultation with the Chief Corporate Officer, primarily serve and benefit City of Toronto residents.

 

2.         City Council grant an exemption to the City's BMR policies and procedures to allow Tides Canada Initiatives Society ("Tides") to become the tenant at 4040 Lawrence Avenue East on the terms described in Recommendation No. 3 without the need to solicit a request for proposals (RFP) as otherwise required.

 

3.         City Council authorize a new BMR lease agreement with Tides at 4040 Lawrence Avenue East, for a five (5) year term, with the option to renew for one five-year term, substantially based on the terms and conditions set out in attached Appendix “A”, and with such revisions thereto and any other terms and conditions as are acceptable to the Chief Corporate Officer, or his or her designate, and in a form acceptable to the City Solicitor.

 

4.         In order to implement the community benefits of an earlier agreement under Section 37 of the Planning Act, City Council authorize the City, as tenant, to enter into a new Community Agency Space Lease with 2229845 Ontario Inc., as landlord/owner of 1751 and 1761 Sheppard Avenue East in the Parkway Forest community for a twenty-five (25) year term, with up to three further options to renew, substantially based on the terms and conditions set out in attached Appendix “C”, and with such revisions thereto and any other terms and conditions as are acceptable to the Chief Corporate Officer, or his or her designate, and in a form acceptable to the City Solicitor.

 

5.         City Council authorize new BMR sub-lease agreements with the following community agencies at 1751 and 1761 Sheppard Avenue East for separate five (5) year terms, substantially based on the terms and conditions set out in attached Appendix “D”, and with such revisions thereto, including variations in names, and any other terms and conditions as are acceptable to the Chief Corporate Officer, or his or her designate, and in a form acceptable to the City Solicitor:

 

a.         Harriet Tubman Community Organization Inc.

 

b.         Working Women Community Centre

 

c.         AWIC Community and Social Services

 

d.         Hong Fook Mental Health Association.

 

6.         City Council authorize the City Solicitor to complete the Community Agency Space Lease and BMR Lease and sublease agreements referred to in Recommendations 3, 4, and 5, and related documentation, as required, deliver any notices, and amend the respective commencement and other dates to such earlier or later date(s), on such terms and conditions as the City Solicitor, or his or her designate, may from time to time, determine.

 

7.         City Council authorize the Chief Corporate Officer, or his or her designate, to administer and manage the Community Agency Space Lease and the BMR Lease and sublease agreements, referred to in Recommendations 3, 4, and 5, including the provision of any consents, approvals, notices and notices of termination, provided that the Chief Corporate Officer may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

GM33.10 - Below-Market Rent Lease Agreement at 730 Military Trail

Decision Type:
ACTION
Status:
Adopted
Ward:
43 - Scarborough East

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council authorize a new Below Market Rent (BMR) lease agreement (the “Agreement) with the Tam Heather Curling and Tennis Club, for a five (5) year term, with the option to renew for one further five (5) year term, substantially based on the terms and conditions set out in the attached Appendix “A” of the joint report (August 4, 2010) from the Chief Corporate Officer and General Manager, Parks, Forestry and Recreation, and any other terms and conditions acceptable to the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

 

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

 

3.         City Council authorize the City Solicitor to document the lease, deliver any notices, and amend the commencement and other dates to such earlier or later date(s), on such terms and conditions, as she may, from time to time, determine.

 

4.         City Council grant an exemption to the BMR Policy to allow the Club to become the tenant at 730 Military Trail without the need to solicit a Request for Proposal as required by the BMR Policy.

 

5.         City Council resolve that the facility located at 730 Military Trail is for the purpose of the City and for public use.

 

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

 

a.        Enter into a municipal capital facility agreement with the Club, as tenant, to in respect of the Leased Premises at 730 Military Trail; and

 

b.        Exempt the Leased Premises at 730 Military Trail from taxation for municipal and school purposes, which tax exemption is to be effective from the latest of (i) the date the municipal capital facility agreement is signed, and (ii) the date the tax exemption by-law is enacted.

 

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

 

8.         City Council amend Municipal Code, Chapter 227 [Reserves and Reserve Funds] by changing the purpose and criteria of the existing Tam Heather Reserve Fund - Schedule 14 – State of Good Repair Obligatory Reserve Funds as per Appendix B of the joint report (August 4, 2010) from the Chief Corporate Officer and General Manager, Parks, Forestry and Recreation.

 

9.         City Council authorize the introduction of the necessary bills to give effect thereto.

Background Information (Committee)

Report - Below-Market Rent Lease Agreement at 730 Military Trail
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32753.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32754.pdf
Appendix B
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32755.pdf
Appendix C
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32756.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

GM33.11 - Real Estate Acquisitions - TTC Sheppard East LRT and Scarborough RT - West of Birchmount Road to East of Progress Avenue

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
40 - Scarborough Agincourt

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council grant authority to the Director of Real Estate Services to negotiate to acquire and, if unsuccessful, to initiate expropriation proceedings, for the Required Property for the purposes of widening Sheppard Avenue East and constructing the Line from west of McCowan Road to the west side of Washburn Way.

 

2.         City Council grant authority to the Director of Real Estate Services to serve and publish Notices of Application for Approval to Expropriate the Required Property, to forward to the Chief Inquiry Officer any requests for hearing that are received, to attend the hearing to present the City’s position and to report the Inquiry Officer’s recommendations to City Council for its consideration.

 

3.         City Council authorize the amendment to the property requirements, as set out in Appendix “B1” of the report (July 29, 2010) from the Chief Corporate Officer, for which authority to initiate expropriation proceedings were previously approved by Council.

Background Information (Committee)

Report - Real Estate Acquisitions - TTC Sheppard East LRT and Scarborough RT - West of Birchmount Road to East of Progress Avenue
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32759.pdf
Appendix A1
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32760.pdf
Appendix A2 Pg 1-19
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32761.pdf
Appendix A2 Pg 20-29
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32762.pdf
Appendix A2 Pg 30-37
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32763.pdf
Appendix A2 Pg 38-47
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32764.pdf
Appendix A2 Pg 48-57
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32765.pdf
Appendix B1
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32766.pdf
Appendix B2
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32767.pdf
Appendix C
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32768.pdf

GM33.12 - Real Estate Acquisitions - Toronto-York Spadina Subway Extension Project (South of Steeles) - Finch West Subway Station Properties.

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
8 - York West

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council authorize the Director of Real Estate Services to negotiate to acquire parts of the properties municipally known as 1 Four Winds Drive and 3940 Keele Street, as set out in Appendix "A" of the report (July 27, 2010) from the Chief Corporate Officer, in connection with the construction of a portion of the Toronto-York Spadina Subway Extension, and to initiate expropriation proceedings, if necessary.

 

2.         City Council authorize the Director of Real Estate Services to serve and publish Notices of Application for Approval to Expropriate parts of 1 Four Winds Drive and 3940 Keele Street, to forward any requests for hearing that are received to the Chief Inquiry Officer, to attend the hearing in order to present the City’s position, and to report the Chief Inquiry Officer’s recommendations back to City Council for its consideration.

Background Information (Committee)

Report - Real Estate Acquisitions - Toronto-York Spadina Subway Extension Project (South of Steeles) - Finch West Subway Station Properties.
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32773.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32774.pdf
Appendix B
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32775.pdf
Appendix C
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32776.pdf

GM33.13 - Real Estate Acquisitions - TTC Sheppard East LRT Don Mills Station to Consumers Road

Decision Type:
ACTION
Status:
Adopted
Ward:
33 - Don Valley East

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council grant authority to the Director of Real Estate Services to negotiate to acquire and, if unsuccessful, to initiate expropriation proceedings, for the Required Property for the purposes of widening Sheppard Avenue East and constructing the Line between the Don Mills Station and Consumers Road.

 

2.         City Council grant authority to the Director of Real Estate Services to serve and publish Notices of Application for Approval to Expropriate the Required Property, to forward to the Chief Inquiry Officer any requests for hearing that are received, to attend the hearing to present the City’s position and to report the Inquiry Officer’s recommendations to City Council for its consideration.

Background Information (Committee)

Report - Real Estate Acquisitions - TTC Sheppard East LRT Don Mills Station to Consumers Road
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32963.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32964.pdf
Appendix B
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32965.pdf
Appendix C
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32966.pdf
Report - Real Estate Acquisitions - TTC Sheppard East LRT Don Mills Station to Consumers Road - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32777.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

GM33.14 - Real Estate Expropriations - Toronto-York Spadina Subway Extension Project (South of Steeles) - Finch West Station and Tunnel Alignment Properties

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
8 - York West

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council, as Approving Authority under the Expropriations Act, approve the expropriation of the property interests set out in Appendix A of the report (July 27, 2010) from the Chief Corporate Officer and illustrated in Appendix C of the report, from 11-15 Kodiak Crescent, 23 Kodiak Crescent, 25-27 Kodiak Crescent,  40 Kodiak Crescent, 42-44 Kodiak Crescent, 1140 Sheppard Avenue West, 1150 Sheppard Avenue West, 1280-1300 Finch Avenue West, 1 Four Winds Drive, 3926-3932 Keele Street, 3940 Keele Street, 44-46 Romfield Drive and 50 Romfield Drive for the purposes identified in Appendix A in connection with the construction of the Toronto-York Spadina Subway Extension.

 

2.         City Council grant leave for introduction of the necessary Bill in Council to give effect thereto.

 

3.         City Council authorize City staff to take all necessary steps to comply with the Expropriations Act, including but not limited to the preparation and registration of an Expropriation Plan and the service of Notices of Expropriation, Notices of Election as to a Date for Compensation and Notices of Possession.

 

4.         City Council authorize the public release of the confidential information contained in Attachment 1 of the report (July 27, 2010) from the Chief Corporate Officer, once there has been a final determination of the compensation payable to the owners by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

 

Confidential Attachment 1 to the report (July 27, 2010) from the Chief Corporate Officer remains confidential in its entirety, at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to a proposed or pending land acquisition by the City or one of its agencies, boards, and commissions and deals with litigation or potential litigation that affects the City or one of its agencies, boards, and commissions.  The confidential information will be released once there has been a final determination of the compensation payable to the owners by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

Confidential Attachment - 1 - A proposed or pending land acquisition by the City or one of its agencies, boards, and commissions and deals with litigation or potential litigation that affects the City or one of its agencies, boards, and commissions.

Background Information (Committee)

Report - Real Estate Expropriations - Toronto-York Spadina Subway Extension Project (South of Steeles) - Finch West Station and Tunnel Alignment Properties
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32778.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32779.pdf
Appendix B1
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32780.pdf
Appendix B2
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32781.pdf
Appendix C1
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32782.pdf
Appendix C2
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32783.pdf
Appendix C3
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32784.pdf
Appendix C4
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32785.pdf
Appendix C5
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32786.pdf
Appendix C6
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32787.pdf
Appendix C7
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32788.pdf
Appendix C8
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32789.pdf
Appendix C9
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32790.pdf
Appendix C10
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32791.pdf
Appendix C11
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32792.pdf
Appendix C12
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32793.pdf
Appendix C13
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32794.pdf

GM33.15 - Real Estate Expropriations - Toronto-York Spadina Subway Extension Project (South of Steeles) - 1170 Sheppard Avenue West

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
8 - York West

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council, as approving authority under the Expropriations Act, consider the report of the Inquiry Officer as detailed in the report (July 27, 2010) from the Chief Corporate Officer and approve the expropriation of a portion of the property known municipally as  1170 Sheppard Avenue West, for the purpose of constructing the subway tunnels, including an easement for support for and safe operation of the subsurface system, an emergency exit building, a temporary easement for construction and all works ancillary thereto, in connection with the construction of a portion of the Toronto-York Spadina Subway Extension for the reasons outlined herein and based on the recommendations of Gillian M. Burton Inquiry Officer.

 

2.         City Council authorize payment of $200.00 in costs for the Inquiry to Metropolitan Toronto Condominium Corporation No. 673, which requested and participated in an Inquiry on behalf of the unit owners at 1170 Sheppard Avenue West pursuant to the Condominium Act, in accordance with the provisions of the Expropriations Act.

 

3.         City Council grant leave for introduction of the necessary Bill in Council to give effect thereto.

 

4.         City Council authorize City staff to take all necessary steps to comply with the Expropriations Act, including but not limited to the preparation and registration of an Expropriation Plan and the service of Notices of Expropriation, Notices of Election as to a Date for Compensation and Notices of Possession.

 

5.         City Council authorize the public release of the confidential information contained in Attachment 1 of the report (July 27, 2010) from the Chief Corporate Officer, once there has been a final determination of the compensation payable to the owners by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

 

Confidential Attachment 1 to the report (July 27, 2010) from the Chief Corporate Officer remains confidential in its entirety, at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to a proposed or pending land acquisition by the City or one of its agencies, boards, and commissions and deals with litigation or potential litigation that affects the City or one of its agencies, boards, and commissions.  The confidential information will be released once there has been a final determination of the compensation payable to the owners by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

Confidential Attachment - 1 - A proposed or pending land acquisition by the City or one of its agencies, boards, and commissions and deals with litigation or potential litigation that affects the City or one of its agencies, boards, and commissions.

Background Information (Committee)

Report - Real Estate Expropriations - Toronto-York Spadina Subway Extension Project (South of Steeles) - 1170 Sheppard Avenue West
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32795.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32796.pdf
Appendix B
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32797.pdf
Appendix C
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32798.pdf
Appendix D
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32799.pdf

GM33.16 - Expropriation - TTC Dufferin Station Modernization Project

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
18 - Davenport

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council, as approving authority under the Expropriations Act, approve the expropriation of the Properties as set out in Appendix “A” of the report (July 29, 2010) from the Chief Corporate Officer for the purpose of the Project.

 

2.         City Council, as expropriating authority under the Expropriations Act, authorize all necessary steps to comply with the Expropriations Act, including but not limited to the preparation and registration of an Expropriation Plan, service of Notices of Expropriation, Notices of Election as to a  Date for Compensation and Notices of Possession.

 

3.         City Council grant leave to introduce the necessary Bill in Council to give effect thereto.

 

4.         City Council authorize the public release of the confidential information contained in Attachment 1 of the report (July 29, 2010) from the Chief Corporate Officer, once there has been a final determination of the compensation payable for the Properties by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

 

Confidential Attachment 1 to the report (July 29, 2010) from the Chief Corporate Officer remains confidential in its entirety, at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to a proposed or pending land acquisition by the City or one of its agencies, boards, and commissions.  The confidential information will be released once there has been a final determination of the compensation payable for the properties by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

Confidential Attachment - 1- A proposed or pending land acquisition by the City or one of its agencies, boards, and commissions.

Background Information (Committee)

Report - Expropriation - TTC Dufferin Station Modernization Project
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32800.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32801.pdf
Appendix B
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32802.pdf
Appendix C
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32803.pdf

GM33.17 - Expropriation - Portions of 4066 Sheppard Avenue East, TTC Sheppard East LRT - Grade Separation at Agincourt GO Station

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
39 - Scarborough-Agincourt

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council, as approving authority under the Expropriations Act, approve the expropriation of the Property as set out in Appendix “A” of the report (July 29, 2010) from the Chief Corporate Officer, for the purpose of widening Sheppard Avenue East and constructing a grade separation on Sheppard Avenue East at the Agincourt GO Station.

 

2.         City Council, as expropriating authority under the Expropriations Act, authorize all necessary steps to comply with the Expropriations Act, including but not limited to the preparation and registration of an Expropriation Plan, service of Notices of Expropriation, Notices of Election as to a  Date for Compensation and Notices of Possession.

 

3.         Leave be granted to introduce the necessary Bill in Council to give effect thereto.

 

4.         City Council authorize the public release of the confidential information contained in Attachment 1 of the report (July 29, 2010) from the Chief Corporate Officer, once there has been a final determination of the compensation payable for the subject property by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

 

Confidential Attachment 1 to the report (July 29, 2010) from the Chief Corporate Officer remains confidential in its entirety, at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to a proposed or pending land acquisition by the City or one of its agencies, boards, and commissions and deals with litigation or potential litigation that affects the City or one of its agencies, boards, and commissions.  The confidential information will be released once there has been a final determination of the compensation payable for the subject property by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

Confidential Attachment - 1 - A proposed or pending land acquisition by the City or one of its agencies, boards, and commissions and deals with litigation or potential litigation that affects the City or one of its agencies, boards and commissions

Background Information (Committee)

Report - Expropriation - Portions of 4066 Sheppard Avenue East, TTC Sheppard East LRT - Grade Separation at Agincourt GO Station
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32804.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32805.pdf
Appendix B
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32806.pdf
Appendix C
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32807.pdf

GM33.18 - Expropriation - TTC Sheppard East LRT Project, Kennedy Road to West Highland Creek

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
40 - Scarborough Agincourt

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council, as approving authority under the Expropriations Act, approve the expropriation of the Properties set out in Appendix “A” of the report (July 29, 2010) from the Chief Corporate Officer for construction of the Line and for the widening of Sheppard Avenue East.

 

2.         City Council, as expropriating authority under the Expropriations Act, authorize all necessary steps to comply with the Expropriations Act, including but not limited to, the preparation and registration of an Expropriation Plan and the service of Notices of Expropriation, Notices of Election as to a Date for Compensation and Notices of Possession.

 

3.         Leave be granted for introduction of the necessary Bill in Council to give effect thereto.

 

4.         City Council authorize the public release of the confidential information contained in Attachment 1 of the report (July 29, 2010) from the Chief Corporate Officer, once there has been a final determination of the compensation payable for the Properties by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

 

Confidential Attachment 1 to the report (July 29, 2010) from the Chief Corporate Officer remains confidential in its entirety, at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to a proposed or pending land acquisition by the City or one of its agencies, boards, and commissions.  The confidential information will be released once there has been a final determination of the compensation payable for the properties by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

Confidential Attachment - 1 - A proposed or pending land acquisition by the City or one of its agencies, boards, and commissions.

Background Information (Committee)

Report - Expropriation - TTC Sheppard East LRT Project, Kennedy Road to West Highland Creek
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32808.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32809.pdf
Appendix B
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32810.pdf
Appendix C
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32811.pdf

GM33.19 - Amendment to Ground Lease between City and Toronto District School Board - 300 Birmingham Street

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
6 - Etobicoke-Lakeshore

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council authorize amendments to a Ground Lease Agreement dated October 29, 2007 (the “Birmingham Lease”) between the City and Toronto District School Board ("TDSB") to enable TDSB to enter into a sublease agreement with Nustadia Recreational Inc. (“NRI”), or a related corporation of NRI to manage and install a football field, an artificial turf (the "Soccer Field") and a removable air supported structure (the "Dome") on land located west of Kipling Ave. and north of Birmingham St., as illustrated in Appendix “A” of the joint report (July 28, 2010) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation (the "City Land"), such amendments to be on terms and conditions deemed appropriate by the Chief Corporate Officer, in a form acceptable to the City Solicitor, and conditional upon the General Manager of Toronto Water first approving the location and installation of the Soccer Field and Dome on the City Land and appropriate terms and conditions to ensure timely access by the City to the storm sewers within the site where required for emergency and repair/replacement purposes without liability or cost to the City.

 

2.         City Council authorize the Chief Corporate Officer to provide consent on behalf of the City as Landlord under the Birmingham Lease to any submission of applications required to be submitted by TDSB or NRI for land use approvals, or such consents as may be required in relation to any existing easement agreements affecting the City Land.

 

3.         City Council authorize amendments to the Recreational Facilities Agreement between the City of Toronto and TDSB governing the City Land and the adjoining Lakeshore Collegiate, if necessary to accommodate the proposed use, on terms deemed appropriate by the General Manager of Parks, Forestry and Recreation and in a form acceptable to the City Solicitor.

 

4.         City Council severally authorize the Chief Corporate Officer and the Director of Real Estate Services to execute the Birmingham Lease amending agreement on behalf of the City, and the General Manager of Parks, Forestry and Recreation be authorized to execute the Recreational Facilities amending agreement on behalf of the City.

 

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

 

6.         City Council authorize the City Solicitor to complete the transaction on behalf of the City, including paying any necessary expenses, amending dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

Background Information (Committee)

Report - Amendment to Ground Lease between City and Toronto District School Board - 300 Birmingham Street
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32812.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32813.pdf

Communications (Committee)

(August 11, 2010) E-mail from David Anthony Domet (GM.New.GM33.19.1)
(August 12, 2010) E-mail from Anne Brown (GM.New.GM33.19.2)

GM33.20 - Transfer of Properties to Build Toronto and Declaration of Surplus - Third Quarter 2010

Decision Type:
ACTION
Status:
Adopted
Wards:
5 - Etobicoke-Lakeshore, 16 - Eglinton-Lawrence, 26 - Don Valley West, 36 - Scarborough Southwest

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council grant authority to enter into an agreement to transfer part of the property at the southwest corner of Eglinton Avenue East and Don Mills Road, more particularly described in Appendix 2 of the report (August 6, 2010) from the Chief Corporate Officer, including agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 2 of the report (August 6, 2010) from the Chief Corporate Officer, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

 

2.         City Council grant authority to enter into an agreement to transfer the property municipally known as 3326 Bloor Street West and part of 1226 Islington Avenue, more particularly described in Appendix 3 of the report (August 6, 2010) from the Chief Corporate Officer, including agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 3 of the report (August 6, 2010) from the Chief Corporate Officer, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

 

3.         City Council grant authority to enter into an agreement to transfer the property municipally known 4050 Yonge Street, more particularly described in Appendix 4 of the report (August 6, 2010) from the Chief Corporate Officer, including agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 4 of the report (August 6, 2010) from the Chief Corporate Officer, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

 

4.         City Council grant authority to the Chief Corporate Officer to permit Build Toronto to engage in licensing and leasing activities in respect of properties that are or become the subject matter of executed Transfer Agreements, during the period prior to the closing of the transfer transactions, on terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

 

5.         City Council grant authority to fund the City’s outstanding expenses related to these properties from the Approved Operating Budgets for Facilities and Real Estate (F&RE), in the year(s) that the expenses are incurred, as necessary and, once these expenses are known, to transfer the funding for these expenses from the Land Acquisition Reserve Fund (LARF), with appropriate adjustments to F&RE’s Approved Operating Budgets, as necessary, through subsequent Quarterly Variance Reports. 

 

6.         City Council grant authority to make appropriate budget adjustments to F&RE’s Operating Budgets to address the net revenue loss arising from the transfer of 3326 Bloor Street West and the southwest corner of Eglinton Avenue East and Don Mills Road to Build Toronto, beginning in the budget year following the registration of the transfer(s) of these properties to Build Toronto.

 

7.         City Council grant authority to make appropriate budget adjustments to the Toronto Transit Commission’s Operating Budget to address the net revenue loss from the termination of TTC parking operations arising from the transfer to Build Toronto of part of 1226 Islington Avenue and 4050 Yonge Street, effective on a date to be agreed upon by the Deputy City Manager and Chief Financial Officer and the TTC.

 

8.         City Council authorize the termination and removal from the title of the properties to which it applies, including part of 1226 Islington Avenue, of a lease agreement between Metropolitan Toronto and the TTC entered into December 30, 1969, and registered as EB367652, as it now redundant and inconsistent with the intended redevelopment of properties that are to be transferred to Build Toronto.

 

9.         City Council rescind Recommendation 3 of EX2.10 as approved on February 5, 6, 7, and 8, 2007, regarding sale proceeds from the Bloor/Islington lands and the Westwood lands, so that Build Toronto will be able to derive revenue from its redevelopment of the Bloor/Islington lands and integrate alternatives for the relocation of the Islington bus terminal within its master plan.

 

10.       City Council approve, as the approving authority under the provisions of the Expropriations Act, the transfer to Build Toronto of any property that was acquired by expropriation without giving the original owner from whom the property was expropriated the first chance to repurchase the property.

 

11.       City Council rescind, at such time as a property that is to be made available to Build Toronto is no longer being utilized by the Toronto Parking Authority for parking purposes, any prior designation of such property for parking by the Toronto Parking Authority.

 

12.       City Council authorize the City Solicitor to complete the transactions to be provided for in the transfer agreements on behalf of the City, including making payment of any necessary expenses, amending the closing and other dates to such earlier or later date(s), and amending or waiving the terms and conditions, as she may from time to time consider reasonable.

 

13.       City Council defer the declaration as surplus of 253 Markham Road/12 Dunelm Street, as set out in Appendix 5 of the report (August 6, 2010) from the Chief Corporate Officer, pending a report from the Director of Community Planning, Scarborough District, regarding the future land-use designation for this property in the context of the review of the city-owned lands between Markham Road and Scarborough Golf Club Road.

 

14.       City Council request the Director of Facilities and Real Estate to confirm an interest by the Y.M.C.A. in acquiring the property 253 Markham Road/12 Dunelm Street for a future facility.

 

15.       City Council authorize and direct the appropriate City officials to introduce in Council any Bills necessary to give effect to the foregoing.

 

16.       City Council grant authority severally to each of the Chief Corporate Officer and the Director of Real Estate Services to execute the transfer agreements on behalf of the City.

Background Information (Committee)

Report - Transfer of Properties to Build Toronto and Declaration of Surplus - Third Quarter 2010
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32972.pdf
Appendices 1-4
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32973.pdf
Appendix 5
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32974.pdf
Report - Transfer of Properties to Build Toronto and Declaration of Surplus - Third Quarter 2010 - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32814.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Howard Moscoe (Withdrawn)

That

 

  1.          Recommendation 10 be amended by adding at the end the words, "save and except those properties that were acquired by expropriation within two years from the date of the adoption of this Item", so that Recommendation 10 now reads as follows:

 

10.      City Council approve, as the approving authority under the provisions of the Expropriations Act, the transfer to Build Toronto of any property that was acquired by expropriation without giving the original owner from whom the property was expropriated the first chance to repurchase the property, save and except those properties that were acquired by expropriation within two years from the date of the adoption of this Item.

 

2.         Recommendation 12 be amended by adding at the end the words "save and except where public parking is to be incorporated into the redevelopment of that property", so that Recommendation 12 now reads as follows:

 

12.      City Council authorize the City Solicitor to complete the transactions to be provided for in the transfer agreements on behalf of the City, including making payment of any necessary expenses, amending the closing and other dates to such earlier or later date(s), and amending or waiving the terms and conditions, as she may from time to time consider reasonable, save and except where public parking is to be incorporated into the redevelopment of that property.


Motion to Withdraw a Motion moved by Councillor Howard Moscoe (Carried)

With the permission of Council, Councillor Moscoe withdrew his motion 1.


Motion to Adopt Item (Carried)

20a - Transfer of Properties to Build Toronto and Declaration of Surplus -Third Quarter 2010

Background Information (Committee)
Letter from Councillor Brian Ashton, Ward 36 - Scarborough Southwest
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-33040.pdf

GM33.21 - Woodgreen Community Services Facility - Proposed Real Estate Transactions

Decision Type:
ACTION
Status:
Amended
Ward:
30 - Toronto-Danforth

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         To facilitate the assembly of lands required for the replacement head office and service facilities of WCS to be located at the south-west corner of Danforth Avenue and Coxwell Avenue, described as Parts 3, 4 and 5 on Sketch No. PS-2009-090a (the “Sketch”):

 

a.         City Council authorize entering into the Phase 1 Development  Agreement with WCS, as provided for and substantially in accordance with the terms and conditions in the Preliminary MOU as set out in Appendix “A” of the report (August 9, 2010) from the Chief Corporate Officer, and on such additional terms as may be required by the Director of Real Estate Services, in a form satisfactory to the City Solicitor, pursuant to which, if WCS cannot negotiate the purchase of 1573 Danforth Avenue required for its proposed new location, on or before November 30, 2010, the City shall, at the expense of WCS, acquire the property.

 

b.         If 1573 Danforth Avenue is not acquired by negotiation by WCS or by the City, that City Council authorize the Director of Real Estate Services:

 

i.          to initiate the expropriation process to acquire all right, title and interest in 1573 Danforth Avenue, for municipal purposes, including community improvement purposes and re-development; and

 

ii.         to sign an application for approval to expropriate and to serve and publish Notices of the Application for Approval to Expropriate; to forward to the Chief Inquiry Officer any request(s) for an inquiry hearing that is/are received; to attend any such hearing to present the City’s position; and to report the Inquiry Officer’s recommendations to City Council for its consideration.

 

c.         City Council authorize entering into a Memorandum of Understanding with WCS as provided for and substantially in accordance with the terms and conditions in the Preliminary MOU as set out in Appendix “A” of the report (August 9, 2010) from the Chief Corporate Officer, and on such additional terms as may be required by the Director of Real Estate Services, in a form satisfactory to the City Solicitor, which shall provide for, if 1573 Danforth Avenue is acquired by WCS or by the City, the subsequent plans, subject to further City Council approvals, to re-align the City properties in the Identified Block and to lease a portion of them to WCS as the site required for its replacement head office and services facility; such further steps shall include the following:

 

i.          WCS transferring to the City for nominal consideration its lands at 690-692 Coxwell Avenue, and 1573 Danforth Avenue, if acquired by WCS;

ii.         WCS constructing, at its expense, a new Carpark for the TPA to replace the existing Carpark 173;

iii.        WCS, at its expense, to design, construction manage and construct the new park finished to the same level as the current landscaped area to the new location, shown as Part 1 on the Sketch, to the satisfaction of the General Manager of Parks, Forestry and Recreation (“PF&R”);

iv.        WCS paying the costs for the relocation of the current landscaped area, with the exception of environmental remediation costs which would be shared 50/50 with the City;

v.         the improvement and widening of the existing adjacent public lane by and at the expense of WCS to an upset amount of $250,000, in accordance with the requirements of Technical Services;

vi.         the City providing a net net ground lease of the lands shown as Parts 3, 4 & 5 on  the Sketch to WCS for a term of 49 years with an option to renew for further two terms of 25 years each.

 

2.         For the purposes of financial adjustments between the City and the TPA, City Council exempt the 465 Huron Street property from the Policy Governing Land Transactions Among City ABCDs and Proceeds from Sale of Surplus City-Owned Real Property (the “Proceeds Policy”), so that a portion of the Fair Market Value (“FMV”) contribution in the amount of $375,000 by TPA for 465 Huron Street be credited to TPA as compensation for the following projects rather than being deposited in the Land Acquisition Reserve Fund (“LARF”), and the remaining $65,000 of the FMV contribution amount by TPA be deposited into LARF:

 

a.         $125,000 be credited to TPA to compensate for the loss of land value associated with the relocation of Carpark 173 at 1549 Danforth Avenue in connection with the WCS land assembly outlined above; and

 

b.         $250,000 be credited to TPA to compensate for its costs to construct replacement parking that will be lost at 111 Broadview Avenue (Carpark 45) in connection with the City’s acquisition of the First Parliament Site.

 

3.         City Council authorize the Director of Real Estate Services to sign and consent on behalf of the City to applications for planning approvals by WCS, as required, for the development of a portion of the City owned land within the Identified Block, including rezoning, site plan approval and/or building permits.

 

4.         City Council authorize the Chief Corporate Officer and the Director of Real Estate Services severally to execute Agreements of Purchase and Sale and all implementing documentation, on behalf of the City.

 

5.         City Council authorize the City Solicitor to complete the transactions on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

 

6.         City Council direct that upon completion of the replacement carpark, the new carpark location, shown as Part 2 on the Sketch, be designated for municipal parking purposes by by-law, to be managed by the TPA.

 

7.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect to the foregoing, including the introduction in City Council of any bills necessary to give effect thereto.

Background Information (Committee)

Report - Woodgreen Community Services Facility - Proposed Real Estate Transactions - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32976.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32977.pdf
Appendix B
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32978.pdf
Appendix C
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32979.pdf
Report - Woodgreen Community Services Facility - Proposed Real Estate Transactions - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32815.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Kyle Rae (Carried)

That City Council delete the following Recommendation 1.c.iii of the Government Management Committee:

 

Delete:

 

1.c.iii       WCS to make payment to the TPA in the amount of $360,000 representing a repayment of the original acquisition price for 1549 Danforth Avenue.

Vote (Amend Item) Aug-26-2010 7:36 PM

Result: Carried Majority Required - GM33.21 - Rae - Motion 1
Total members that voted Yes: 31 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Raymond Cho, Janet Davis, Frank Di Giorgio, John Filion, Paula Fletcher, Suzan Hall, A.A. Heaps, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Peter Milczyn, David Miller, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, Karen Stintz, Michael Thompson, Adam Vaughan
Total members that voted No: 3 Members that voted No are Mike Del Grande, Rob Ford, David Shiner
Total members that were Absent: 11 Members that were absent are Shelley Carroll, Glenn De Baeremaeker, Mike Feldman, Adam Giambrone, Mark Grimes, Cliff Jenkins, Giorgio Mammoliti, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Michael Walker

Motion to Adopt Item as Amended (Carried)

GM33.22 - Leased Space for Toronto Employment and Social Services Requirements

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
41 - Scarborough-Rouge River

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council authorize the Chief Corporate Officer, in consultation with the General Manager of Toronto Employment and Social Services (TESS), to pursue the real estate strategy as outlined in the recommendations contained in Confidential Attachment 1 of the report (August 12, 2010) from the Chief Corporate Officer.

 

2.         City Council authorize the public release of the confidential information contained in Attachment 1 of the report (August 9, 2010) from the Chief Corporate Officer, upon the execution of the lease agreements.

 

Confidential Attachment 1 to the report (August 9, 2010) from the Chief Corporate Officer remains confidential in its entirety, at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the security of the property of the municipality or local board.  The confidential information will be released upon the execution of the lease agreements.

Confidential Attachment - The security of the property of the municipality or local board

Background Information (Committee)

Report - Leased Space for Toronto Employment and Social Services Requirements
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-33069.pdf
Report - Leased Space for Toronto Employment and Social Services Requirements - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32816.pdf

GM33.24 - Acquisition of Park Land at 50 St. Joseph Street

Decision Type:
ACTION
Status:
Adopted
Ward:
27 - Toronto Centre-Rosedale

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council adopt the confidential instructions to staff in Attachment 1 of the report (July 30, 2010) from the Chief Corporate Officer.

 

2.         City Council authorize the public release of the Confidential Information contained in Attachment 1 upon the adoption of the recommendation contained in the report (July 30, 2010) from the General Manager, Parks, Forestry and Recreation.

 

Confidential Attachment 1 to the report (July 30, 2010) from the General Manager, Parks, Forestry and Recreation, is now public in its entirety, and contains the following instructions which were adopted by City Council:

 

1.         City Council authorize the acquisition of the lands referred to as Park Land Part 1, in the Section 37 Agreement dated August 29, 2008, made between the University of Toronto’s St. Michael's College, Rattling Chain Investments Inc. and the City of Toronto, also identified in Schedule “A” to this report as “UOS”, in its current environmental condition, waiving compliance with the provisions of subsection 8.4(b) of the Section 37 Agreement.

Confidential Attachment - 1 - A proposed land acquisition

Background Information (Committee)

Report - Acquisition of Park Land at 50 St. Joseph Street
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32818.pdf
Schedule A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32819.pdf

Background Information (City Council)

Confidential Information made public on September 3, 2010
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33444.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Aug-26-2010 10:37 AM

Result: Carried Majority Required - GM33.24 - Adopt the Item
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Mike Feldman, John Filion, Paula Fletcher, Mark Grimes, Suzan Hall, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Joe Mihevc, Peter Milczyn, David Miller, Ron Moeser, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 1 Members that voted No are Rob Ford
Total members that were Absent: 6 Members that were absent are Raymond Cho, Frank Di Giorgio, Adam Giambrone, A.A. Heaps, Pam McConnell, Denzil Minnan-Wong

GM33.25 - Licence Agreement with the TRCA for the Operation of the Glen Rouge Campground

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
44 - Scarborough East

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council authorize a License Agreement with the Toronto and Region Conservation Authority, for a ten (10) year term, substantially based on the terms and conditions set out in the attached Appendix ‘A’ of the report (July 23, 2010) from the Chief Corporate Officer, and such other terms and conditions as are acceptable to the General Manager of Parks, Forestry and Recreation, and in a form acceptable to the City Solicitor.

 

2.         City Council authorize the General Manager of Parks, Forestry and Recreation to administer and manage the Licence Agreement including the provision of any consents, approvals, notices and notices of termination provided that the General Manager may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

Background Information (Committee)

Report - Licence Agreement with the TRCA for the Operation of the Glen Rouge Campground
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32820.pdf

GM33.26 - Options for the Development of the Joy Oil Station

Decision Type:
ACTION
Status:
Adopted
Ward:
13 - Parkdale-High Park

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council declare surplus the restaurant and concessions in High Park, and the restaurant, concessions, former Joy Oil Station Station and adjacent property in the Western Beaches, with the intended manner of disposal to be by way of long-term lease to the Grenadier Group, and all steps necessary to comply with the City's Disposal Policy and Official Plan, be taken.

 

2.         City Council direct the Chief Corporate Officer and General Manager of  Parks, Forestry and Recreation to negotiate with the Grenadier Group, taking Schedule A of the report (August 5, 2010) from the General Manager, Parks, Forestry and Recreation into account, and in consultation with a business consultant satisfactory to the General Manager, Parks Forestry and Recreation, and, if negotiations are successful, submit the proposed terms and conditions of the proposed transaction to the Government Management Committee and Council for consideration.

Background Information (Committee)

Report - Options for the Development of the Joy Oil Station
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32962.pdf
Report - Options for the Development of the Joy Oil Station - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32821.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Mayor David Miller (Lost)

That:

 

1.         City Council amend Recommendation 1 of the Government Management Committee by deleting the words "the restaurant and concessions in High Park and", so that Recommendation 1 now reads as follows:

 

1.         City Council declare surplus the restaurant, concessions, former Joy Oil Station Station and adjacent property in the Western Beaches, with the intended manner of disposal to be by way of long-term lease to the Grenadier Group, and all steps necessary to comply with the City's Disposal Policy and Official Plan, be taken.

 

2.         City Council amend Recommendation 2 of the Government Management Committee by adding after the words "Grenadier Group", the words "for the extension of the Western Beaches concessions", so that Recommendation 2 now reads as follows:

 

2.         City Council direct the Chief Corporate Officer and General Manager of  Parks, Forestry and Recreation to negotiate with the Grenadier Group for the extension of the Western Beaches concessions, taking Schedule A of the report (August 5, 2010) from the General Manager, Parks, Forestry and Recreation into account, and in consultation with a business consultant satisfactory to the General Manager, Parks Forestry and Recreation, and, if negotiations are successful, submit the proposed terms and conditions of the proposed transaction to the Government Management Committee and Council for consideration.

Vote (Amend Item) Aug-26-2010 8:52 PM

Result: Lost Majority Required - GM33.26 - Miller - Motion 1
Total members that voted Yes: 18 Members that voted Yes are Brian Ashton, Sandra Bussin (Chair), Shelley Carroll, Janet Davis, Mike Del Grande, John Filion, Suzan Hall, A.A. Heaps, Doug Holyday, Norman Kelly, Chin Lee, Pam McConnell, Peter Milczyn, David Miller, Howard Moscoe, Gord Perks, Michael Thompson, Adam Vaughan
Total members that voted No: 20 Members that voted No are Paul Ainslie, Maria Augimeri, Raymond Cho, Glenn De Baeremaeker, Frank Di Giorgio, Paula Fletcher, Rob Ford, Mark Grimes, Cliff Jenkins, Gloria Lindsay Luby, Giorgio Mammoliti, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz, Michael Walker
Total members that were Absent: 7 Members that were absent are Mike Feldman, Adam Giambrone, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata, Anthony Perruzza

Motion to Adopt Item (Carried)

Vote (Adopt Item) Aug-26-2010 8:54 PM

Result: Carried Majority Required - GM33.26 - Adopt the Item
Total members that voted Yes: 20 Members that voted Yes are Paul Ainslie, Maria Augimeri, Raymond Cho, Glenn De Baeremaeker, Frank Di Giorgio, Paula Fletcher, Rob Ford, Mark Grimes, Cliff Jenkins, Gloria Lindsay Luby, Giorgio Mammoliti, Pam McConnell, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Kyle Rae, Bill Saundercook, David Shiner, Karen Stintz
Total members that voted No: 18 Members that voted No are Brian Ashton, Sandra Bussin (Chair), Shelley Carroll, Janet Davis, Mike Del Grande, John Filion, Suzan Hall, A.A. Heaps, Doug Holyday, Norman Kelly, Chin Lee, Peter Milczyn, David Miller, Howard Moscoe, Gord Perks, Michael Thompson, Adam Vaughan, Michael Walker
Total members that were Absent: 7 Members that were absent are Mike Feldman, Adam Giambrone, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata, Anthony Perruzza

GM33.28 - To Extend the Group Property and Automobile Insurance Program for an Eight-Month Period to Expire on March 31, 2011

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council grant authority to staff to extend the agreement with the Personal Insurance Company to provide interested City employees of City Divisions, Agencies, Boards, Commissions and Elected Officials with a Group Property and Automobile Insurance Program for an 8 month period, to expire on March 31, 2011.

 

2.         City Council grant authority to staff to amend the agreement with The Personal Insurance Company to extend the same terms and conditions for a further 8 month period, from July 31, 2010 to expire on March 31, 2011.

Background Information (Committee)

Report -To Extend the Group Property and Automobile Insurance Program for an Eight-Month Period to Expire on March 31, 2011
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32823.pdf

GM33.29 - Purchase Order Amendment - Statutory Advertising for Contract 47012431

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following: 

 

1.         City Council grant authority to amend Contract 47012431 with the Toronto Star for print and electronic advertising to publish all of the City's statutory advertising by an additional amount of $763,000.00 inclusive of HST Recoveries ($750,000.00 net of all applicable taxes), revising the current contract value from $2,000,000.00 to $2,750,000.00 net of all applicable taxes.

Background Information (Committee)

Report - Purchase Order Amendment - Statutory Advertising for Contract 47012431
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32824.pdf

GM33.30 - Cancellation, Reduction or Refund of Property Taxes -August 12, 2010 Hearing

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council approve the individual appeal pursuant to Section 323 of the City of Toronto Act, 2006 as provided in the Detailed Hearing Report marked as Appendix A attached to the report dated July 22, 2010 from the Treasurer, excluding the following application:

 

Section 323 -Appendix A

  

Ward

Number

Appeal

Number

Tax Year

Assessment Roll

Number

Property Location

Reason for

Adjournment

Tax Adjustment

 9

 20090093

2008

1908 03 1 280 00200

39 Murray Rd

Application under  review

173.83

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL

173.83

 

 

 

 

 

 

 

 

2.         City Council approve the individual tax appeal applications made pursuant to section 325 of the City of Toronto Act, 2006, resulting in tax reductions (excluding phase-in/capping adjustments) totalling $220,721.85,  including reductions in Business Improvement Area charges, as identified in Appendix B to the report (July 22, 2010) from the Treasurer.

 

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

Statutory - City of Toronto Act, 2006

Background Information (Committee)

Report - Cancellation, Reduction or Refund of Property Taxes - August 12, 2010 Hearing
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32825.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32826.pdf
Appendix B
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32827.pdf

30a - Cancellation, Reduction or Refund of Property Taxes - April 28, 2010 Hearing (GM30.1)

Background Information (Committee)
Report - Cancellation, Reduction or Refund of Property Taxes - April 28, 2010 Hearing (GM30.1)
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32828.pdf
Appendix A
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32829.pdf
Appendix B
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32830.pdf

30b - Briefing Note - 3640 to 3650 Kingston Road, Tax Appeal Applications - Re: GM33.30 - Cancellation Reduction or Refund of Property Taxes - August 12, 2010, Hearing

Background Information (Committee)
Briefing Note
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-33039.pdf

GM33.31 - Property Tax Exemption for Luso Canadian Charitable Society (formerly Society of Portuguese Disabled Persons Building Fund) - 2295 St. Clair Avenue West

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
11 - York South-Weston

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council exempt from taxation for municipal purposes the property owned and occupied by Luso Canadian Charitable Society, formerly Society of Portuguese Disabled Persons Building Fund, at 2295 St. Clair Avenue West (the "Premises"), beginning January 1, 2010 provided the following conditions are met:

 

a.         the Premises are occupied and used solely for the purposes of a centre for people living with physical or developmental disabilities operated by the Society;

b.         the Society is the registered owner of the Premises; and

c.         the Society is a registered charity within the meaning of the Income Tax Act (Canada).

 

2.         City Council cancel taxes for municipal purposes, including interest and penalties, for the period from June 7, 2007 to December 31, 2009 inclusive for the Premises.

 

3.         City Council direct the City Clerk to notify the Minister of Finance of Council's actions with respect to the recommended exemption and cancellation of taxes for the Premises, for the purposes of ensuring that the exemptions and cancellations in respect of school taxes permitted by the Luso Canadian Charitable Society Act (Tax Relief), 2010 are implemented.

 

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

 

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

Background Information (Committee)

Property Tax Exemption for Luso Canadian Charitable Society (formerly Report - Society of Portuguese Disabled Persons Building Fund) - 2295 St. Clair Avenue West
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32831.pdf

GM33.34 - Sole Source Contract with Bloomberg for Leasing Proprietary Software, Data Services and Computer Terminals

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council grant authority to award sole source contract to Bloomberg at a cost not to exceed $264,448 (in U.S. dollars) plus applicable taxes over the four year period (two consecutive 2 years renewable leasing agreements) from January 4, 2011 to January 4, 2015, subject to Operating Budget approval.

Background Information (Committee)

Report - Sole Source Contract with Bloomberg for Leasing Proprietary Software, Data Services and Computer Terminals
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32835.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Aug-25-2010 11:10 AM

Result: Carried Majority Required - GM33.34 - Adopt the Item
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, John Filion, Adam Giambrone, Mark Grimes, Suzan Hall, A.A. Heaps, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Peter Milczyn, David Miller, Ron Moeser, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, Gord Perks, Anthony Perruzza, Kyle Rae, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 3 Members that voted No are Mike Feldman, Rob Ford, John Parker
Total members that were Absent: 3 Members that were absent are Paula Fletcher, Denzil Minnan-Wong, Bill Saundercook

GM33.35 - Sole Source Contract with Moody's Investor Service for Credit Rating Services

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council grant authority to award a sole source contract to Moody's at a cost not to exceed $353,783 plus applicable taxes if all three option years are exercised for a period from January 1, 2011 to December 31, 2014. The option to extend three (3) additional one (1) year term periods at the sole discretion of the City and subject to budget approval.

 

2.         City Council request the Deputy City Manager and Chief Financial Officer to instruct the Director, Purchasing and Materials Management to process the necessary contract renewals under the same terms and conditions, should the option(s) be exercised.

Background Information (Committee)

Report - Sole Source Contract with Moody's Investor Service for Credit Rating Services
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32836.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Aug-26-2010 10:38 AM

Result: Carried Majority Required - GM33.35 - Adopt the Item
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Brian Ashton, Maria Augimeri, Sandra Bussin (Chair), Shelley Carroll, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, John Filion, Paula Fletcher, Mark Grimes, Suzan Hall, Doug Holyday, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Joe Mihevc, Peter Milczyn, David Miller, Howard Moscoe, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker
Total members that voted No: 6 Members that voted No are Mike Feldman, Rob Ford, Ron Moeser, Frances Nunziata, Case Ootes, David Shiner
Total members that were Absent: 6 Members that were absent are Raymond Cho, Frank Di Giorgio, Adam Giambrone, A.A. Heaps, Pam McConnell, Denzil Minnan-Wong

GM33.36 - To Extend Agreements for the External Legal Firms Retained For Insurance Claim Defence

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council grant authority to staff to extend the agreements with eight external legal firms to provide insurance claim defence for a further 3 month period, from December 31, 2010 to expire on March 31, 2011.

 

2.         City Council grant authority to staff to amend each of the existing eight agreements with external legal firms to extend the same terms, conditions and fee structures for a further 3 month period, from December 31, 2010 to expire on March 31, 2011.

Background Information (Committee)

Report - To Extend Agreements for the External Legal Firms Retained For Insurance Claim Defence
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32837.pdf

GM33.41 - King-Liberty Area - Central Park - Lease-Back of Prison Chapel Building

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
19 - Trinity-Spadina

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council confirm and approve the previously authorized lease arrangements for the Prison Chapel building situated in the King Liberty Central Park to the owner/subdivider of the Inglis Lands providing for the entering into lease or easement agreements, as appropriate, in respect of the lands shown as Parts 1, 2, 3, 4, 5, 6, 7, and 10 on the plan attached as Attachment 1 of the report (July 28, 2010) from the City Solicitor, and are to be substantially on the terms set out in Attachment 2 of the report (July 28, 2010) from the City Solicitor, and such other terms as may be satisfactory to the General Manager of Parks, Forestry and Recreation, in a form satisfactory to the City Solicitor.

Background Information (Committee)

Report - King-Liberty Area - Central Park - Lease-Back of Prison Chapel Building
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32839.pdf

GM33.42 - Property Tax Deferral Agreement and 9 Private Golf Courses

Decision Type:
ACTION
Status:
Amended
Ward:
35 - Scarborough Southwest

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council direct the City Manager, in consultation with the City Solicitor, to engage in open discussions with the golf clubs in these agreements, including requests that:

 

a.         community outreach programs similar to Oakdale be implemented; and

 

b.         designated hours be assigned to persons with disabilities and other priority programs for prospective golfers.

 

2.         In order to facilitate discussion to increase community and public access to the Golf Clubs:

 

a.          City Council file appeals against the assessment of these golf courses that are undervalued with a view to having their assessment increased to highest and best use;

 

b.          City Council indicate its willingness to terminate the deferred assessment agreements with the clubs; and

 

c.         City Council direct the City Manager to develop a strategy for convincing the clubs to terminate these agreements.

 

3.         City Council direct the City Solicitor to report to the Government Management Committee in 2011, on any opportunities to challenge the terms of these agreements.

Background Information (Committee)

Letter - Property Tax Deferral Agreement and 9 Private Golf Courses
https://www.toronto.ca/legdocs/mmis/2010/gm/bgrd/backgroundfile-32967.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Howard Moscoe (Carried)

In order to facilitate discussion to increase community and public access to the Golf Clubs:

 

1.         City Council file appeals against the assessment of these golf courses that are undervalued with a view to having their assessment increased to highest and best use;

 

2.         City Council indicate its willingness to terminate the deferred assessment agreements with the clubs; and

 

3.         City