Minutes

Confirmed on
March 19, 2012



Executive Committee


Meeting No. 16   Contact Frances Pritchard, Manager
Meeting Date Monday, February 13, 2012
  Phone 416-392-6627
Start Time 9:30 AM
  E-mail exc@toronto.ca
Location Committee Room 1, City Hall
  Chair   Mayor Rob Ford  

EX16.1

ACTION 

Adopted 

 

Ward: 32 

Development Charges Complaint - 1675 and 1681 Lake Shore Boulevard East
Public Notice Given
Statutory - Development Charges Act, SO 1997

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council determine that the Development Charges and the Education Development Charges By-laws have been properly applied to the land development project located at 1675 and 1681 Lake Shore Boulevard East.

 

2.         City Council dismiss the complaint filed pursuant to Section 20 of the Development Charges Act and Section 257.85 of the Education Act.

Decision Advice and Other Information

The Executive Committee  held a statutory public meeting on February 13, 2012, and notice was given in accordance with the Development Charges Act and the Education Act.

Origin
(January 30, 2012) Report from the Deputy City Manager and Chief Financial Officer
Summary

This report responds to a complaint filed under Section 20 of the Development Charges Act, 1997 ("DC Act") and Section 257.85 of the Education Act, 1990 ("Education Act") relating to a proposed renovation and building addition to an existing restaurant located at 1675 and 1681 Lake Shore Boulevard East.

 

The lands are owned by the Toronto and Region Conservation Authority ("TRCA") and maintained by the City through a long term agreement with the TRCA.  The City has also entered into a lease agreement with Tuggs Incorporated ("Tuggs"), whereby Tuggs operates a restaurant on the premises known as the Boardwalk Restaurant.  Tuggs was required to pay development charges and education development charges, in the amounts of $52,312.61 and $3,548.49 respectively, for a proposed addition to the existing restaurant building.  The complainant argues that the building is owned by and used for the purpose of the municipality and should be exempted from the charges.

 

After reviewing the complaint, staff conclude that the restaurant addition is not used for the purposes of the City and is therefore not exempted from the charges under the provisions of both the Development Charges and Education Development Charges By-laws.  This report recommends that the complaint be dismissed.

 

Background Information
(January 30, 2012) Report from the Deputy City Manager and Chief Financial Officer
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44976.pdf)

(October 13, 2011) Attachment 1: Complaint letter from WeirFoulds, LLP dated October 13, 2011
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44985.pdf)

Speakers

Barnet H. Kussner, Weir Foulds LLP, on behalf of the complainant
Councillor Mary-Margaret McMahon
Councillor Frances Nunziata

Motions
Motion to Adopt Item moved by Councillor Peter Milczyn (Carried)

Vote (Adopt Item)

Feb-13-2012

Result: Carried Majority Required - Adopt Item
Yes: 11 Paul Ainslie, Michelle Berardinetti, Doug Holyday, Norman Kelly, Giorgio Mammoliti, Peter Milczyn, Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson 
No: 0  
Absent: 2 Mike Del Grande, Rob Ford (Chair) 
Declared Interests

The following member(s) declared an interest:

Mayor Rob Ford - Involved in ongoing litigation with the complainant.


EX16.2

ACTION 

Amended 

 

 

Request to protect City of Toronto interests and existing powers in any trade agreement signed between the Government of Canada and the European Union - Motion MM14.14 referred by City Council on November 29, 2011

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council endorse the Federation of Canadian Municipalities' (FCM) seven principles for the Federal Government to apply to the Canada-European Union EU) Comprehensive Economic and Trade Agreement (CETA) and future trade deals

 

2.         CityCouncil encourage the Federal Government of Canada and the Minister of International Trade and Minister for the Asia-Pacific Gateway to continue consultation with FCM in order to address municipal concerns in relation to trade deals

 

3.         City Council request the Province of Ontario to accelerate direct dialogue with City of Toronto officials to ensure that the City of Toronto's municipal rights are protected, with particular attention to

 

a.         The low procurement thresholds of $340,600 for goods and services and $8.5 million for construction

b.         Local procurement needs

c.         Dispute resolution mechanism

 

4.         City Council communicate its position to the Federal Government of Canada, the Province of Ontario and the Federation of Canadian Municipalities.

Origin
(December 6, 2011) Member Motion from Councillor Glenn De Baeremaeker, seconded by Councillor Kristyn Wong-Tam
Summary

The Government of Canada and the European Union are negotiating a Comprehensive Economic and Trade Agreement (CETA) with participation from the Province of Ontario, other provinces and territories.

 

This agreement has far reaching implications for City procurement policies and could negatively affect City initiatives such as: supporting Woodbine Live, promoting local jobs, creating financial incentives for the film industry or development industry to invest in Toronto, or to use public spending as a tool for economic development, environmental protection or to support small businesses.

 

Trade negotiators are proposing, under the CETA, a dispute resolution mechanism that could utilize a private tribunal, which could have the authority to impose fines with no right of appeal as opposed to the open and transparent provincial court system currently in use.

 

In the CETA, Canada has exchanged an initial procurement offer with the EU (listing sub-federal entities that will be bound by the rules of the procurement chapter) that may include the City of Toronto and that would explicitly tie the City, for the first time, to the terms and conditions of an international trade agreement.

 

The EU is insisting on full access to procurement by municipalities, school boards, universities, hospitals, utilities and other provincial agencies, which may include the City of Toronto.

 

The Union of British Columbia Municipalities (representing 150 municipalities) along with over 20 other municipalities across the country have asked their provincial and federal governments to ensure their existing rights are protected under any new trade agreement and that they be excluded from the CETA.

 

(Submitted to City Council on November 29. 30 and December 1, 2011 as MM14.14)

Background Information
(December 6, 2011) Member Motion from City Council on Request to protect City of Toronto interests and existing powers in any trade agreement signed between the Government of Canada and the European Union (EX16.2)
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44732.pdf)

Communications
(January 9, 2012) Letter from John Bolognone, City Clerk, The Corporation of the City of Kingston (EX.Main.EX16.2.1)
(http://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28306.pdf)

(December 19, 2011) E-mail from Brian McHattie, Councillor Ward 1, Chedoke-Cootes, City of Hamilton forwarding approved City of Hamilton Council Motion regarding "Canada - European Community Free Trade Agreement - Impact on City of Hamilton  (EX.Main.EX16.2.2)
(http://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28307.pdf)

(January 23, 2012) E-mail from James Nugent (EX.Main.EX16.2.3)
(January 24, 2012) E-mail from Krya Bell-Pasht, Canadian Environmental Law Association (EX.Main.EX16.2.4)
(January 24, 2012) Submission from Councillor Pam McConnell forwarding Federation of Canadian Municipalities' (FCM) Backgrounder titled, "Protecting Municipal Interest in International Trade Agreements", and attaching a communication dated August 23, 2011, from The Honourable Ed Fast, P.C., M.P., Minister of International Trade and Minister for the Asia-Pacific Gateway addressed to the President of the Federation of Canadian Municipalities (EX.Main.EX16.2.5)
(http://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28309.pdf)

(May 26, 2010) Letter from Steven Shrybman, Sack Goldblatt, Mitchell LLP addressed to the Executive Director, Columbia Institute Centre for Civic Governance (CETA) (EX.Main.EX16.2.6)
(http://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28311.pdf)

(January 27, 2012) E-mail from Jason Langrish, Executive Director, Canada Europe Roundtable for Business (EX.Main.EX16.2.7)
(February 6, 2012) E-mail from Rosemary Williamson (EX.New.EX16.2.8)
(February 13, 2012) Letter from Sasha McNicoll (EX.New.EX16.2.9)
(http://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28674.pdf)

(February 13, 2012) Letter from Harriet Friedmann, Professor of Geography and Planning, University of Toronto (EX.New.EX16.2.10)
(February 13, 2012) E-mail from Fiona Nelson, Executive Member, Greater Toronto Area, Agricultural Action Committee (EX.New.EX16.2.11)
(February 13, 2012) Letter from Fred Stevens (EX.New.EX16.2.12)
(February 13, 2012) Letter from Stuart Trew (EX.New.EX16.2.13)
(http://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28951.pdf)

Speakers

Stuart Trew, Council of Canada
Kyra  Bell-Pasht, Canadian Environmental Law Association
Erin Weir, United Steelworkers
Angelo  Di Caro
Sasha  McNicoll, Master's Candidate, Environmental Studies, York University
Michael  Brothers
James  Nugent, Good Jobs for All Coalition
Fiona  Nelson
Fred  Stevens
Alice  Evonic, Concerned Citizen of Toronto
Councillor Shelley Carroll
Councillor Pam McConnell
Councillor Kristyn Wong-Tam

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

That City Council:

 

1.         endorse the Federation of Canadian Municipalities' (FCM) seven principles for the Federal Government to apply to the Canada-European Union EU) Comprehensive Economic and Trade Agreement (CETA) and future trade deals

 

2.         encourage the Federal Government of Canada and the Minister of International Trade and Minister for the Asia-Pacific Gateway to continue consultation with FCM in order to address municipal concerns in relation to trade deals

 

3.         request the Province of Ontario to accelerate direct dialogue with City of Toronto officials to ensure that the City of Toronto's municipal rights are protected, with particular attention to

 

a.         The low procurement thresholds of $340,600 for goods and services and $8.5 million for construction

b.         Local procurement needs

c.         Dispute resolution mechanism

 

4.         communicate its position to the Federal Government of Canada, the Province of Ontario and the Federation of Canadian Municipalities.


Vote (Amend Item)

Feb-13-2012

Result: Carried Majority Required
Yes: 8 Paul Ainslie, Rob Ford (Chair), Norman Kelly, Peter Milczyn, Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson, Michael Thompson 
No: 1 Doug Holyday 
Absent: 4 Michelle Berardinetti, Mike Del Grande, Giorgio Mammoliti, David Shiner 

2 - Motion to Adopt Item as Amended moved by Councillor Michael Thompson (Carried)

2a Canada/European Union Comprehensive Economic and Trade Agreement - Status of Negotiations and Implications for Toronto
Origin
(February 2, 2012) Report from the City Manager
Summary

The Government of Canada and the European Union are negotiating a Comprehensive Economic and Trade Agreement (CETA) with the participation of all provinces and territories. After multiple rounds of negotiation, both sides have indicated that a deal will be signed soon. While details are confidential, framework documents indicate that the EU is determined to access public sector procurement at all orders of government including municipalities and associated ABCCDs. The purpose of this report is to update the Executive Committee on the status of negotiations and, based on available information, assess some of the possible implications for Toronto.

 

The European Union is the largest trading block in the world and expanded access would provide very significant new markets for Canadian businesses. However, the ultimate implications of CETA are difficult to predict. This is particularly true given that offers have not been made public and there has been very little analysis shared by federal negotiators about the specific Canadian industries or labour force members that would benefit. In the absence of detailed consultation and communication, opposition to the agreement has been mounting.

Background Information
(February 2, 2012) Report from the City Manager on Canada/European Union Comprehensive Economic and Trade Agreement - Status of Negotiations and Implications for Toronto
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45054.pdf)

(February 2, 2012) Attachment No. 1 - Federation of Canadian Municipalities Backgrounder - FCM principles to be applied to any future trade deal
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45084.pdf)

(August 23, 2011) Attachment No. 2 - Letter from Federal Minister of International Trade, Ed Fast, to President of FCM, Barry Vrbanovic, dated August 23, 2011
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45085.pdf)


EX16.3

ACTION 

Deferred 

 

Ward: 1, 5, 6, 7, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 25, 28, 29, 30, 31, 32, 34, 35, 36, 37, 38, 42, 43 

Securing Funding to Repair Toronto Community Housing's Multi-Residential Portfolio: Sale of Toronto Community Housing Stand-Alone Units

Committee Decision

The Executive Committee deferred consideration of the item until a special meeting of the Committee at a future date to be determined.

Origin
(January 10, 2012) Report from the City Manager and the General Manager, Shelter, Support and Housing Administration
Summary

Over the past several years, Council has been made aware of the significant and growing repair needs in the City's social housing portfolio and, in particular, the backlog of needed repairs in the Toronto Community Housing (TCH) stock of social housing.  In response, Council has requested on numerous occasions that the provincial government upload the full costs of social housing and that the federal and provincial governments provide ongoing, sustainable funding for social housing repairs.  The costs of social housing have not been uploaded and at the present time, there is no ongoing, sustainable program for repairs.  As a result, the funding challenge in Toronto’s social housing continues to deepen. This report, therefore, recommends the sale of stand-alone dwellings to generate revenue to help fund repairs of the multi-unit buildings in TCH's portfolio.

 

TCH's proposal to sell stand-alone properties is part of its strategy to address state of good repair needs in its entire portfolio. The TCH Board has resolved that, as a condition of approval of sale, proceeds from the sales will be dedicated to a "State of Good Repair" fund for capital repairs to TCH's multi-residential stock.

 

In reviewing TCH's proposal and the impact on tenants, communities and TCH's financial situation, consideration has been given to the City's roles and responsibilities as sole shareholder of TCH and consolidated service manager under the Housing Services Act, 2011 (HSA), as well as Council positions on affordable housing including the Housing Opportunities Toronto ten year plan, Official Plan housing policy and rental housing protection and heritage preservation requirements.

 

To date Council has approved TCH's requests for consent to the sale of 47 stand alone properties – 20 at below market value to another social housing provider and 27 on the open market. TCH is now seeking approval to sell another 872 stand-alone properties. These properties contain 1,534 housing units.

 

Included in the 872 stand-alone properties TCH is requesting approval to sell are 168 properties that have yet to be approved by the TCH Board.  Staff are recommending that Council not consider their sale and refer consideration of the possible sale of these properties back to TCH for further analysis.

 

The 704 properties approved for sale by TCH's Board of Directors include 11 properties which have previously been approved for sale by both TCH and Council. These properties do not need to be considered by Council again.

 

Also included in the 704 properties approved for sale by TCH's Board of Directors are 18 supportive housing properties.  Through referral and head lease agreement with TCH, supportive housing agencies are able to provide special needs clients support and affordable housing in a communal setting.  Staff recommend that these properties (with 81 units in total) not be approved for sale at this time and that TCH proceed with further analysis and consultation with these supportive housing agencies and their clients.

 

Therefore, this report recommends that Council approve the sale of 675 TCH houses containing 740 units, as listed in Appendix A, subject to a set of conditions aimed at supporting tenants and satisfying statutory and regulatory requirements.  The following chart summarizes the disposition of the properties: 

 

Total Stand-Alone Properties TCH Requested Council Approval to Sell

872

Properties Not Approved for Sale by TCH Board at this Time:

Part of larger developments (82)

Purpose-Built (65)

Rooming Houses (21)

168

Remaining Properties for Consideration (Approved for sale by TCH Board)

704

Properties already approved for sale by Council in previous reports

11

Remaining Properties for Consideration

693

Properties under legal agreements with supportive housing agencies not recommended by staff for sale

18

Total Properties Recommended for Sale in This Report

675

 

Based on TCH estimates, these 675 properties have a combined market value of at least $222 million that can be put towards the approximately $650 million needed for capital repairs. It is understood that TCH intends to take a phased approach over a number of years to the sale of these 675 properties and develop a business case for the sale of each property.  TCH will not evict tenants or withdraw rent-geared-to-income (RGI) subsidy to qualified residents as a result of Council's approval of the sales and will make reasonable efforts to relocate households to suitable alternative accommodation.

 

Should Council approve the sale of the 675 TCH properties, 644 of them will still need the consent of the Minister of Municipal Affairs and Housing and/or Canada Mortgage and Housing Corporation (CMHC).

 

Consideration by Council of the sale of any other TCH stand-alone properties may be given at a later date after TCH has concluded its analysis of the feasibility and benefits of such sales.

Background Information
(January 10, 2012) Report from the City Manager and the General Manager, Shelter, Support and Housing Administration on Securing Funding to Repair Toronto Community Housing's Multi-Residential Portfolio: Sale of Toronto Community Housing Stand-Alone Units
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44708.pdf)

(January 10, 2012) Appendix A - Property Profile: 675 Toronto Community Housing Properties Proposed for Sale
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44709.pdf)

(January 10, 2012) Appendix B - Unit Profile: 740 Toronto Community Housing Units Proposed for Sale
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44710.pdf)

(January 10, 2012) Appendix C - List of 18 TCH Properties Under Agency Agreements
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44711.pdf)

(January 10, 2012) Appendix D - List of 168 Toronto Community Housing Properties Requiring Further Analysis by Toronto Community Housing
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44712.pdf)

(January 10, 2012) Appendix E - Stand Alone Units by Ward: Single Houses, Property Houses and SHOP Houses
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44713.pdf)

(January 10, 2012) Appendix F - List of TCH Properties Subject to Rental Housing and Heritage Policies
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44714.pdf)

Communications
(January 11, 2012) E-mail from Sheila Malloch (EX.Main.EX16.3.1)
(January 12, 2012) Letter from Betty Hubbard, Toronto Christian Resource Centre Advocacy Committee (EX.Main.EX16.3.2)
(http://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28258.pdf)

(January 16, 2012) Letter from Fran Perkins, Chair, Homes First Society Board of Directors (EX.Main.EX16.3.3)
(http://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28259.pdf)

(January 16, 2012) E-mail from Elizabeth Eames (EX.Main.Ex16.3.4)
(January 12, 2012) Letter from Betty Hubbard, Toronto Christian Resource Centre Advocacy Committee (EX.Main.Ex16.3.5)
(http://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28262.pdf)

(January 18, 2012) Letter from Mariana Touray (EX.Main.Ex16.3.6)
(January 16, 2012) Letter from Sharon Caride (EX.Main.Ex16.3.7)
(January 18, 2012) Letter from Thuy Nguyen (EX.Main.Ex16.3.8)
(January 15, 2012) Letter from Kathy Kunsmann (EX.Main.Ex16.3.9)
(January 17, 2012) E-mail from Joan Christensen (EX.Main.Ex16.3.10)
(January 17, 2012) E-mail from A. J. Diamond, Principal, Diamond Schmitt Architects (EX.Main.Ex16.3.11)
(January 13, 2012) Letter from Waseem Syed and Sumia Syed (EX.Main.Ex16.3.12)
(January 13, 2012) Letter from Ann Ray (EX.Main.Ex16.3.13)
(January 19, 2012) E-mail from Brenda Thompson (EX.Main.Ex16.3.14)
(January 19, 2012) Letter from Janet Davidson (EX.Main.Ex16.3.15)
(January 19, 2012) E-mail from Karen Buck (EX.Main.Ex16.3.16)
(January 19, 2012) E-mail from Karen Buck (EX.Main.Ex16.3.17)
(January 19, 2012) E-mail from Alan Demb (EX.Main.Ex16.3.18)
(January 19, 2012) E-mail from Ceta Ramkhalawansingh, Honorary Chair, Grange Residents Association (EX.Main.Ex16.3.19)
(January 20, 2012) E-mail from Anne Woolger, Founder and Executive Director, Matthew House Refugee Reception Services (EX.Main.Ex16.3.20)
(http://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28277.pdf)

(January 20, 2012) E-mail from Sandra Ryan-Cuyugan (EX.Main.Ex16.3.21)
(http://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28278.pdf)

(January 20, 2012) E-mail from Stacey Reilly (EX.Main.EX16.3.22)
(January 22, 2012) E-mail from Estelle Amaron (EX.Main.EX16.3.23)
(January 22, 2012) E-mail from David Hulchanski (EX.Main.EX16.3.24)
(January 22, 2012) E-mail from Lynn Spink (EX.Main.EX16.3.25)
(January 22, 2012) E-mail from Kevin Barrett (EX.Main.EX16.3.26)
(January 22, 2012) E-mail from Colin Ellis (EX.Main.EX16.3.27)
(January 22, 2012) E-mail from Amy Buitenhuis (EX.Main.EX16.3.28)
(January 23, 2012) E-mail from Caitlin Henry (EX.Main.EX16.3.29)
(January 23, 2012) E-mail from Joy Connelly (EX.Main.EX16.3.30)
(January 23, 2012) Letter from Liloutie Somra (EX.Main.EX16.3.31)
(January 23, 2012) E-mail from William Stringer (EX.Main.EX16.3.32)
(January 23, 2012) E-mail from Susan Crean (EX.Main.EX16.3.33)
(January 23, 2012) E-mail from Amy Steele (EX.Main.EX16.3.34)
(January 23, 2012) E-mail from Peter Rose (EX.Main.EX16.3.35)
(January 23, 2012) E-mail from John Deacon (EX.Main.EX16.3.36)
(January 23, 2012) E-mail from John Cartwright, President, Toronto and Region Labour Council (EX.Main.EX16.3.37)
(http://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28293.pdf)

(January 23, 2012) E-mail from Daryl Chong, President and CEO, Greater Toronto Apartment Association (EX.Main.EX16.3.38)
(http://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28294.pdf)

(January 23, 2012) E-mail from Maria Rocha (EX.Main.EX16.3.39)
(January 23, 2012) E-mail from Kim Li (EX.Main.EX16.3.40)
(January 23, 2012) E-mail from Peter Rose (EX.Main.EX16.3.41)
(January 23, 2012) E-mail from Lillian Carrigan (EX.Main.EX16.3.42)
(January 23, 2012) E-mail from Brian Dwyer, Coordinator, Social Justice Committee, St. Brigid's Parish (EX.Main.EX16.3.43)
(January 23, 2012) E-mail from Smadar Carmon (EX.Main.EX16.3.44)
(January 24, 2012) E-mail from Jessica Bell (EX.Main.EX16.3.45)
(January 27, 2012) E-mail from Jeremy Kerr (EX.Main.EX16.3.46)
(January 19, 2012) E-mail from Sandy Spencer (EX.Main.EX16.3.47)
(January 23, 2012) E-mail from Martine August (EX.Main.EX16.3.48)
(January 23, 2012) E-mail from Frances Sanderson, Executive Director, Nishnawbe Homes Inc. (EX.Main.EX16.3.49)
(http://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28404.pdf)

(January 23, 2012) E-mail from Alejandra Bravo (EX.Main.EX16.3.50)
(January 23, 2012) E-mail from Karl and Carol Eichler (EX.Main.EX16.3.51)
(January 23, 2012) E-mail from Maqsood Said (EX.Main.EX16.3.52)
(January 23, 2012) E-mail from Renn Scott (EX.Main.EX16.3.53)
(January 23, 2012) E-mail from Tenants for Social Housing (EX.Main.EX16.3.54)
(January 23, 2012) E-mail from Farshid Kaboli (EX.Main.EX16.3.55)
(January 24, 2012) E-mail from Trish O'Reilly (EX.Main.EX16.3.56)
(January 23, 2012) E-mail from David Walsh, Seeds of Hope Foundation (EX.Main.EX16.3.57)
(http://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28318.pdf)

(January 26, 2012) E-mail from Kim Riddle (EX.Main.EX16.3.58)
(January 23, 2012) E-mail from Kenneth Hale, Director of Advocacy and Legal Services (ACTO)  (EX.Main.EX16.3.59)
(http://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28412.pdf)

(February 4, 2012) E-mail from Pastor Kesavan Balasingham (EX.Supp.EX16.3.60)
(February 8, 2012) E-mail from Majoba Feroze (EX.Supp.EX16.3.61)
(February 8, 2012) E-mail from Estelle Amaron (EX.Supp.EX16.3.62)
(February 1, 2012) Fax from Richard Drayton (EX.Supp.EX16.3.63)
(February 9, 2012) E-mail from Margaret Watson, Co-chair and Sylvia Hall, Co-chair, Canadian Pensioners Concerned, Inc. (EX.Supp.EX16.3.64)
(February 9, 2012) E-mail from Nian Ghareeb (EX.New.EX16.3.65)
(February 10, 2012) E-mail from Cathy Crowe, Voluntary Executive Director, Toronto Disaster Relief Committee (EX.New.EX16.3.66)
(February 10, 2012) E-mail from Jon Alexander (EX.New.EX16.3.67)
Motions
Motion to Defer Item moved by Councillor David Shiner (Carried)

That consideration of the item be deferred until a special meeting of Executive Committee at a future date to be determined.


3a Sale of Toronto Community Housing Stand-Alone Units
Origin
(December 5, 2011) Letter from the Interim Chief Executive Officer, Toronto Community Housing Corporation
Summary

Letter (December 5, 2011) from the Interim Chief Executive Officer, Toronto Community Housing Corporation, forwarding the decision of the Board of Directors for the sale of Toronto Community Housing's stand-alone units which was approved at the Board meeting on October 21, 2011.

Background Information
(December 5, 2011) Letter from the Interim Chief Executive Officer, Toronto Community Housing Corporation on Sale of Toronto Community Housing Stand-Alone Units
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44982.pdf)


3b Report to the City Manager on Toronto Community Housing's State of Good Repair Plan
Origin
(February 9, 2012) Report from the City Manager
Summary

At its meeting of January 24, 2012, Executive Committee deferred report EX15.1 from the City Manager and the General Manager, Shelter, Support and Housing Administration entitled Securing Funding to Repair Toronto Community Housing's Multi-Residential Portfolio: Sale of Toronto Community Housing Stand-Alone Units to the February 13th meeting.  In response to questions raised by Councillors on the proposed sale of its stand-alone properties, the Chief Executive Officer of Toronto Community Housing (TCH) has prepared the attached report.

 

The report describes the background to TCH's state of good repair funding shortfall, how TCH manages capital repairs and how the proposed sale of stand-alone units would assist TCH. The report further explains how TCH will support affected tenants, maintain the same level of rent geared to income units and how the sale of units will be phased in order to best accommodate tenants.

 

Capital Repair Deficit $1.7 billion by 2020

 

Over the next several years, $45 million annually has been allocated by TCH for capital repairs. The property tax exemption will save an additional $9 million per year leaving an unfunded gap of just over $90 million per year. Without the additional investment the capital deficit of $751 million in 2012 will grow to approximately $1.7 billion by 2020 and the average state of repair for these buildings will move to "Poor" in 2015 and "Critical" by 2018.

 

With the investment of $222 million over five years from the sale of the stand-alone units, the primary focus would be repairs to the building envelope, the building structure and the main services in the building such as electrical, mechanical, elevators and life safety systems. Under the plan approximately 86% of TCH's portfolio would have some work done assisting approximately 55,246 or 94% of the households in Toronto Community Housing.  The relocation of 2,200 tenants will repair buildings that house over 55,000 tenant households. This key investment of $222 million will maintain the condition in a "Fair" state of repair to 2015 rather than the projected "Poor" condition.

 

In order to bring the TCH portfolio to a "Good" state of repair by 2017 and to maintain the "Good" state of repair beyond that, additional annual funding from the federal and provincial governments of $150 million from 2013 to 2017 and $90 million a year from 2018 thereafter is required. This, combined with the investment by TCH, will reduce the annual capital deficit to $362 million by 2017.

 

I am forwarding the report from the Chief Executive Officer of TCH to the Executive Committee for consideration with the City staff report deferred from January 24, 2012.

Background Information
(February 9, 2012) Report from the City Manager forwarding Toronto Community Housing's State of Good Repair Plan
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45156.pdf)

(February 9, 2012) Letter from the Chief Executive Officer (Interim) forwarding Toronto Community Housing's State of Good Repair Plan
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45157.pdf)

(February 9, 2012) Toronto Community Housing's State of Good Repair Plan
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45158.pdf)


EX16.4

ACTION 

Adopted 

 

Ward: 11 

Establishment of a Community Development Reserve Fund to Support Community Development Joint Ventures

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council authorize the Deputy City Manager and Chief Financial Officer to establish an obligatory reserve fund called the “Community Development Reserve Fund” for receiving cash contributions for community development projects supporting local capacity building, resident engagement, revitalization and redevelopment as per the criteria noted in the comments section of this report.

 

2.         City Council direct that Municipal Code, Chapter 227 [Reserves and Reserve Funds] be amended by adding the “Community Development Reserve Fund” to Schedule No. 15 - Third Party Agreements Obligatory Reserve Funds.

 

3.         City Council authorize the Executive Director, Social Development, Finance and Administration to execute agreements, in a form satisfactory to the City Solicitor, to accept contributions into the Community Development Reserve Fund.

 

4.         City Council direct that all contributions received by the City for the Community Development Reserve Fund be held and accounted for within a separate account in the Community Development Reserve Fund designated for the particular purpose of the contribution.

 

5.         The City accept the contribution from Metrolinks of $1.1 million to support the redevelopment of the Toronto Parking Authority's (TPA) surface parking lot at 16 John Street as a Cultural/Creative Hub, including the Weston Village Farmer's Market, replacement TAP parking and a residential component.

 

6.         The City accept contributions of up to $500,000 from Toronto Community Foundation to support the Recipe for Community Change project in the Weston-Mount Dennis neighbourhood area.  The project will support resident-identified initiatives in the areas of neighbourhood greening and beautification, community gathering, food and nutrition, and youth engagement.

 

7.         City Council authorize the Executive Director, Social Development, Finance and Administration to execute, administer and negotiate agreements, in a form satisfactory to the City Solicitor, with community agencies for the provision of funding from the Community Development Reserve Fund for community development projects, on the following conditions:

 

             a.        Any community agency receiving funding hereunder shall:

                         i.         be an incorporated not-for-profit community-based organization;

                         ii.        be located in the city of Toronto;

                        iii.        serve Toronto residents;

                        iv.        be responsive to community need;

 v.        not have any unmet contract or agreement deliverables with the City of Toronto; and

 

b.         All community development projects authorized hereunder shall deliver programs and services that are aligned with a City mandate, as determined by the Executive Director.

 

8.        City Council grant leave for the introduction of any necessary bills in Council to give effect thereto.

Origin
(January 31, 2012) Report from the Executive Director, Social Development, Finance and Administration and the Deputy City Manager and Chief Financial Officer
Summary

 

The purpose of this report is to obtain authority to establish a reserve fund to receive contributions for Community Development joint ventures and to receive the first two contributions, $1.1 million from Metrolinx and up to $500,000 from Toronto Community Foundation for community development work in the Weston-Mount Dennis neighbourhood area.

 

The new Community Development Reserve Fund will be established for the purpose of receiving and holding external funding to be utilized for community development project expenses for joint initiatives in future years.  Funds will be withdrawn as part of the normal capital and operating budget process.

 

This report also seeks authority to enable City divisions that are managing community development joint ventures to contact with, and disperse funds from the reserve to, non-profit community organizations in the delivery of community development projects.

Background Information
(January 31, 2012) Report from the Executive Director, Social Development, Finance and Administration and the Deputy City Manager and Chief Financial Officer on Establishment of a Community Development Reserve Fund to Support Community Development Joint Ventures
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44978.pdf)

Motions
Motion to Adopt Item moved by Councillor Paul Ainslie (Carried)

EX16.5

ACTION 

Adopted 

 

Ward: All 

Indemnification of City Council Members Serving on External Boards without City Approval

Committee Recommendations

The Execuive Committee recommends that:

 

1.         City Council members, in considering whether to accept a membership on the board of an external body for which the City does not approve the appointment, or in continuing to participate as a board member with such bodies, follow the protocol in Attachment A of the report (January 30, 2012) from the City Manager.

 

2.         City Council request the City Clerk to canvass City Council members to declare which external boards they sit on as  representative of their constituents where they were not appointed by City Council and report the results of the declaration to the Executive Committee, and update the declaration annually.

 

3.         Based on the declaration, City Council request the Chief Financial Officer and Deputy City Manager to inform the City's insurer of the appointments to the external not-for-profit boards listed in the declaration so that the City’s liability insurance in the amount of a maximum of $5 million dollars per occurrence may be extended to the affected City Council members.

 

4.         Should a City Council member desire compensation for legal expenses or damages incurred as a result of their membership on the board of an external body where the City has not appointed them, and the external body’s or the City's insurance has denied their claim in full or in part, the Council member may seek reimbursement pursuant to Section (2) of the City's Indemnification Policy for City Council members.

Origin
(January 30, 2012) Report from the City Manager
Summary

This report recommends a protocol regarding indemnification of City Council members who sit on the boards of external bodies where there has been no appointment approved by the City.  The protocol requires Council members to conduct due diligence before serving on an external board as part of their role as a Council member, including determining whether the external body has its own Director's Liability Insurance in place.  In addition, any claims arising through Council members serving in a board member capacity must first be pursued through the insurance coverage of the external body.

 

This report has been prepared in consultation with the City Solicitor, the Chief Financial Officer and Deputy City Manager, and the City Clerk.

Background Information
(January 30, 2012) Report from the City Manager on Indemnification of City Council Members Serving on External Boards without City Approval
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44979.pdf)

Motions
Motion to Adopt Item moved by Councillor Paul Ainslie (Carried)

EX16.6

ACTION 

Amended 

 

Ward: All 

Executive Compensation Disclosure for 2010 by Build Toronto, Invest Toronto and the Toronto Port Lands Company
Confidential Attachment - Personal matters about an identifiable individual, including municipal or local board employees

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council receive the report (January 30, 2012) from the City Manager for information.

 

2.         City Council direct that the contents of Confidential Attachment 2 to the report (January 30, 2012) from the City Manager be kept in their entirety confidential after the consideration of the report by Council.

 

3.         City Council request the City Manager to conduct a review and report to the Executive Committee on May 14, 2012 on all executive compensation and benefits at the City's Agencies, Boards, Commissions and Corporations

Decision Advice and Other Information

 

The Executive Committee requested the City Manager, in consultation with the City Solicitor, to report back to the Committee on possible amendments to the Shareholder Directions for all of the City's wholly-owned corporations that would direct the disclosure of executive compensation as part of annual reporting where permitted at law, for example where disclosure is mandated as a condition of executive employment.

Origin
(January 30, 2012) Report from the City Manager
Summary

 

This report transmits documents from Build Toronto Inc., Invest Toronto Inc. and the Toronto Port Lands Company to City Council disclosing the compensation of executive officers employed by the corporation in 2010.

Background Information
(January 30, 2012) Report from the City Manager on Executive Compensation Disclosure for 2010 by Build Toronto, Invest Toronto and the Toronto Port Lands Company
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44995.pdf)

(December 22, 2011) Attachment 1: Build Toronto - 2010 Salary Disclosure
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44996.pdf)

(January 5, 2012) Attachment 3 - Invest Toronto - 2010 Salary Disclosure
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44999.pdf)

(January 5, 2012) Attachment 4: Toronto Port Lands Company - 2010 Salary Disclosure
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45001.pdf)

Confidential Attachment
Speakers

Blake  Hutcheson, Build Toronto Inc.
Councillor Doug  Ford, Build Toronto Inc.
Ucal  Powell, Build Toronto Inc.
David  Fiume, Build Toronto Inc.

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

That the City Manager, in consultation with the City Solicitor, be requested to report to the Executive Committee on possible amendments to the Shareholder Directions for all of the City's wholly-owned corporations that would direct the disclosure of executive compensation as part of annual reporting where permitted at law, for example where disclosure is mandated as a condition of executive employment.


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

That the City Manager conduct a review and report to the Executive Committee on May 14, 2012 on all executive compensation and benefits at City Agencies, Boards, Commissions and Corporations


3 - Motion to Adopt Item as Amended moved by Councillor Michael Thompson (Carried)

EX16.7

ACTION 

Amended 

 

 

Separation of the Canadian National Exhibition Association (CNEA) from the Exhibition Place Board of Governors
Confidential Attachment - Labour relations or employee negotiations; the security of the property of the municipality or local board; and personal matters about an identifiable individual, including municipal or local board employees

Committee Recommendations

The Executive Committee recommends that:

 

1.         Clause 23c of the Term Sheet attached to Attachment 1 of the report (January 31, 2012) from the City Manager be deleted and replaced as follows:

 

"23c.

(i       The terms and conditions for future tenants of Exhibition Place shall include the requirement that they shall work cooperatively with the CNEA to ensure that tenant operations during this period do not impose a financial hardship on the CNEA or interfere with the CNEA's ability to operate the CNE Event successfully; and

 

(ii)        The Board will work cooperatively with the CNEA in providing notification of any future tenant requirements affecting the CNEA Event and in reasonably resolving any issues affecdting the CNE Event, in accordance with the tenant obligations."

 

2.         City Council approve the following recommendations of the Board of Governors of Exhibition Place (Board of Governors) submitted in its report dated January 31, 2012 from the Exhibition Place CEO, which forms Attachment 1 to the report (January 31, 2012) from the City Manager:

 

a.         City Council approve a Master Agreement between the Board of Governors of Exhibition Place and the Canadian National Exhibition Association, which will have a Transition Term (pre-independence) commencing April 1, 2012; and an Initial Term (post-independence) commencing April 1, 2013 and expiring March 31, 2017, substantially on terms and conditions set out in the Term Sheet attached to the Board of Governors report in Attachment 1, as amended by Recommendation 1 above, of the report (January 31, 2012) from the City Manager, including two (2) three-year Renewal Terms and such other terms and conditions as may be satisfactory to the City Manager, the City Solicitor and the CEO of Exhibition Place;

 

b.         City Council authorize the Exhibition Place Board of Governors to negotiate as schedules to the Master Agreement, terms and conditions of the following specific agreements which terms and conditions must be satisfactory to the City Manager, City Solicitor and the CEO of Exhibition Place:

 

i.          Licence Agreement for use of the Exhibition Place grounds for the annual CNE Event including an addendum for use of the Food Building;

 

ii.         Lease Agreement for the use of the Press Building as the year-round administrative offices for the CNEA for nominal rent;

 

iii.        Storage Agreement for year-round use of certain storage areas on the grounds for a nominal fee;

 

iv.        Administration Services Agreement for the provision of particular administrative services by Exhibition Place staff as requested by the CNEA, and on terms and conditions negotiated by the parties;

 

v.         Event Services Agreement for the provision of direct event services by the Board of Governors and the Exhibition Place staff during the CNE Event on a cost recovery basis.

 

3.         City Council authorize the placement of any surplus in excess of the Council approved budget for the CNEA Program, which is contained within the Exhibition Place Operating Budget, for 2011 and 2012 into the “Exhibition Place Stabilization Reserve” (an existing Reserve presently held by the City) for the sole purposes of assisting the CNEA to become independent from the Board and the City in 2013, and authorize, for this purpose, a temporary exemption to the City's Surplus Management Policy for the Exhibition Place budget.

 

4.         City Council authorize the Board of Governors of Exhibition Place to provide a deemed grant to the CNEA for the 4-year term of the Master Agreement in the form of a reduction to the published rental rates of the Board of Governors as set out in the Financial Implications and Impact Statement in the report (January 31, 2012) from the City Manager, which is consistent with current arrangements.

 

5.         City Council authorize the Board of Governors to take action as recommended in Confidential Attachment 1 to the Term Sheet in the Board of Governors report which forms Attachment 1 to the report (January 31, 2012) from the City Manager, and that this information not be released publicly and remain confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to personal matters about identifiable individuals, including employees of the Board of Governors.

 

6.                  City Council direct that the confidential information contained in the Confidential Attachment to the City Solicitor's report (Appendix "F" to the Board of Governor's report) dated January 19, 2012, with respect to  Legal Advice on the Proposed Separation and Independence of the CNEA from the Board of Governors of Exhibition Place: Employment-Related Implications not be released publicly and remain confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006 as it pertains to personal matters about identifiable individuals, including employees of the Board of Governors.

 

7.         City Council approve a change in the composition of the Exhibition Place Board of Governors to remove all four CNEA seats, so that the structure of the Exhibition Place Board of Governors is reduced from 13 members to 9 members appointed by Council as follows: the Mayor or a Council member whom the Mayor recommends as his designate and is appointed by Council, 4 members of Council, and 4 citizen members.

 

8.         City Council rescind the appointment of the 4 current CNEA incumbents on the Exhibition Place Board of Governors, effective upon the date Council approves this recommendation, in order to achieve independence in governance consistent with operational independence, and to avoid any perception of a conflict of interest during further negotiations and transition.

 

9.         City Council authorize the City Solicitor to introduce the necessary bills to amend Chapter 63, Exhibition Place Governance, of the Municipal Code, to reflect Council's decision regarding the composition of the Board of Governors of Exhibition Place.

 

10.       City Council authorize the City Manager to make the necessary amendments to any governance policies or instruments consistent with the decisions of Council in the report (January 31, 2012) from the City Manager, including the “Relationship Framework of the City with the Board of Governors of Exhibition Place”, approved by Council on March 31 and April 1, 2010 in Item EX41.1 of the Executive Committee of March 1, 2010.

Origin
(January 31, 2012) Report from the City Manager
Summary

The purpose of this report is to:

 

1.         Seek City Council's approval of  the terms and conditions upon which the City would implement the independence of the Canadian National Exhibition Association (CNEA), including confidential attachments regarding employee information associated with this agreement; and

 

2.         Make recommendations to City Council regarding the composition of the Exhibition Place Board of Governors to remove the four CNEA representatives on the Exhibition Place Board of Governors in order to transition the CNEA to independent governance.

 

Council approval of the Term Sheet and governance adjustments will enable the Board of Governors of Exhibition Place to execute a Master Agreement with the CNEA and implement a transition for CNEA independence in 2013. The Exhibition Place Report dated January 31, 2012 from the Chief Executive Officer in Attachment 1 to this report should be referred to for more detailed and technical information.

Background Information
(January 31, 2012) Report from the City Manager on Separation of the Canadian National Exhibition Association (CNEA) from the Exhibition Place Board of Governors
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44991.pdf)

(January 31, 2012) Report from the Chief Executive Officer, Exhibition Place on Independence of the Canadian National Exhibition Association
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45104.pdf)

Confidential Attachment 1
Confidential Attachment 2
Motions
1 - Motion to Amend Item moved by Councillor David Shiner (Carried)

That Clause 23c of the Term Sheet attached to Attachment 1 of the report (January 31, 2012) from the City Manager be deleted and replaced as follows:

 

"23c.

(i)  The terms and conditions for future tenants of Exhibition Place shall include the requirement that they shall work cooperatively with the CNEA to ensure that tenant operations during this period do not impose a financial hardship on the CNEA or interfere with the CNEA's ability to operate the CNE Event successfully; and

 

(ii) The Board will work cooperatively with the CNEA in providing notification of any future tenant requirements affecting the CNEA Event and in reasonably resolving any issues affecdting the CNE Event, in accordance with the tenant obligations."


2 - Motion to Adopt Item as Amended moved by Councillor David Shiner (Carried)

EX16.8

ACTION 

Amended 

 

Ward: All 

Toronto Transit Commission Governance

Committee Recommendations

The Executive Committee recommends that:

 

1.          Notwithstanding Recommendation 12 in report EX4.7 adopted by Council at its meeting on April 12 and 13, 2011, City Council approve a new governance structure for the Toronto Transit Commission as follows:

 

a.         9-member board comprised of 5 citizen members and 4 Council members;

 

b.         a Council member appointed by Council as Chair upon the recommendation of the Striking Committee, and a citizen member appointed by the Toronto Transit Commission as Vice-Chair;

 

c.         a 4-year term of office for Toronto Transit Commission citizen members, generally coinciding with the term of Council, or until successors are appointed; except in the initial term of office for citizen members, where the term will be for the balance of this term of Council, or until successors are appointed;

 

d.         maximum service for a citizen member on the Toronto Transit Commission of 2 consecutive 4-year terms to a limit of 8 years, or until successors are appointed; except for maximum service for initial citizen members of one and a half consecutive terms of Council to a limit of 6 years, or until successors are appointed;

 

e.         a 2-year term for Council members on the Toronto Transit Commission, or until successors are appointed, unless the Council members are re-appointed by Council upon recommendation of the Striking Committee; and

 

f.          all members of the Toronto Transit Commission serve at the pleasure of City Council.

 

2.         City Council approve a rate of remuneration for citizen members of the Toronto Transit Commission of $10,000 per year, and $15,000 per year for the citizen Vice-Chair of the Toronto Transit Commission.

 

3.         City Council approve the effective date of the governance changes and citizen member appointments to coincide with the Council member appointments to the Toronto Transit Commission taking effect at the mid-term of this term of Council.

 

4.         City Council authorize the City Manager to commence recruitment of the 5 citizen members through an advertised recruitment process (Type 1 recruitment process as set out in the Public Appointments Policy); and the Civic Appointments Committee shortlist and interview candidates and then recommend the appointment of citizen members for approval by City Council.

 

5.         In addition to the general eligibility requirements of the Public Appointments Policy, City Council approve qualifications for the citizen board members who shall have directorship and executive-level experience and collectively represent a range of skills, knowledge and experience with one or more large organizations in the following areas:

 

-           Strategic business management, including transformative change management;

-           Financial management, accounting, law, engineering;

-           Customer service or marketing management;

-           Management or planning with a rail or public transit organization;

-           Formulation and/or management of public-private partnerships;

-           Capital project/construction management or capital procurement/supply chain management;

-           Operations and information technology; and

-           Labour relations/industrial safety management.

 

6.         City Council request the Toronto Transit Commission to amend its Procedural By-law to be consistent with the governance changes recommended in the report (January 31, 2012) from the City Manager and forward it to the City Manager for onward transmittal to City Council for approval in accordance with recommendation 2(a) (ii) in report EX4.6 adopted by City Council at its meeting on April 12 and 13, 2011.

 

7.         City Council request the City Manager to amend the Public Appointments Policy and the Remuneration Policy to reflect the governance changes recommended in the report (January 31, 2012) from the City Manager.

 

8.         City Council request the City Manager to develop the role and responsibilities:

 

a        for the position of Chair; and

 

b.          for the position of Vice-Chair, to be considered by the Civic Appointments Committee in its consideration of candidates.

 

Origin
(January 31, 2012) Report from the City Manager
Summary

 This report recommends a new governance structure for the Toronto Transit Commission that will transition the Commission to a hybrid, skills-based board of citizens and City Council members collectively representing a broader range of qualifications required to meet the significant management challenges facing the TTC in the foreseeable future.  The primary change recommended is the inclusion of five citizen member positions on the board, recruited through an advertised process, and four City Council member positions, one of whom serves as Chair in recognition of the significant service delivery and financial impacts on the City related to the TTC. These recommended changes will take effect at the mid-term of this term of Council.

Background Information
(January 31, 2012) Report from the City Manager on Toronto Transit Commission Governance
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44980.pdf)

Speakers

Miroslav  Glavic
Alan  Yule

Motions
1 - Motion to Amend Item moved by Councillor Denzil Minnan-Wong (Carried)

That  Recommendation 2 of the report (January 31, 2012) from the City Manager be amended by

 

- deleting $15,000 and replacing it with $10,000

- deleting $30,000 and replacing it with $15,000

 

so that Recommendation 2 now reads:

 

"2.         City Council approve a rate of remuneration for citizen members of the Toronto Transit Commission of $10,000 per year, and $15,000 per year for the citizen Vice-Chair of the Toronto Transit Commission."


Vote (Amend Item)

Feb-13-2012

Result: Carried Majority Required - Motion 1 - Councillor Minnan-Wong - Amend Item
Yes: 7 Paul Ainslie, Michelle Berardinetti, Rob Ford (Chair), Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson, Michael Thompson 
No: 3 Doug Holyday, Norman Kelly, Peter Milczyn 
Absent: 3 Mike Del Grande, Giorgio Mammoliti, David Shiner 

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

That the City Manager develop the role and responsibilities:

 

a.  for the position of Chair; and

 

b. for the position of Vice-Chair, to be considered by the Civic Appointments Committee in its consideration of candidates.


Vote (Amend Item (Additional))

Feb-13-2012

Result: Carried Majority Required - Motion 2 - Councillor Thompson - Amend Item (Additional)
Yes: 10 Paul Ainslie, Michelle Berardinetti, Rob Ford (Chair), Doug Holyday, Norman Kelly, Peter Milczyn, Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson, Michael Thompson 
No: 0  
Absent: 3 Mike Del Grande, Giorgio Mammoliti, David Shiner 

3 - Motion to Adopt Item as Amended moved by Councillor Paul Ainslie (Carried)

Vote (Adopt Item as Amended)

Feb-13-2012

Result: Carried Majority Required - Motion 3 - Councillor Ainslie - Adopt item as amended
Yes: 10 Paul Ainslie, Michelle Berardinetti, Rob Ford (Chair), Doug Holyday, Norman Kelly, Peter Milczyn, Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson, Michael Thompson 
No: 0  
Absent: 3 Mike Del Grande, Giorgio Mammoliti, David Shiner 

EX16.9

ACTION 

Referred 

 

 

Toronto Transit Infrastructure Limited (TTIL) Interim Report - Toronto Transit: Back on Track - Sheppard Subway Development and Financing Study

Committee Decision

The Executive Committee requested the City Manager to report back to the Executive Committee with recommendations on a process to move forward with the development of a plan to complete the Sheppard Subway.

Decision Advice and Other Information

Dr. Gordon Chong and Dr. Jo Kennelly of Toronto Transit Infracture Ltd. (TTIL), and Brad Watson of KPMG made a presentation on this matter.

Origin
(January 30, 2012) Letter from Mayor Rob Ford
Summary

 

Toronto Transit Infrastructure Limited (TTIL) was requested to review the feasibility of extending the Sheppard Subway from Downsview Station to the Yonge Subway Line and from Don Mills Station to Scarborough City Centre.

 

TTIL has submitted its report entitled "Toronto Transit:  Back on Track - Sheppard Subway Development and Financing Study."  In summary, the report concludes:

 

1.         The Sheppard Subway remains approved public policy, that has remained so through numerous changes in governments (federal, provincial and municipal).  It has been a top transit priority in Toronto for more than 30 years;

 

2.         Subway compared with LRT delivers the greatest value for money for the Sheppard corridor over the long run;

 

3          There has been tremendous amount of investment in planning studies and technical specifications (design and construction plans) undertaken to support immediate action;

 

4.          Funding of the Sheppard Subway is feasible.  Numerous innovative funding approaches are available to support Sheppard Subway construction.  The magnitude of these tools is significantly greater than the cost of the Sheppard Subway and many such tools will not be available to support LRT;

 

5.         International and national best practices demonstrate that alternate funding and delivery of construction models have been the potential to reduce the burden of the cost of construction on taxpayers and accelerate project completion.  This is supported by KPMG analysis;

 

6.         Research into the cost of procurement for the Sheppard Subway suggests that TTC cost estimates are significantly higher than in other jurisdictions.

 

The report estimates the total cost of the Sheppard Subway project at approximately $3.7 Billion and identifies both a number of procurement approaches that would mitigate the financial impact on city finances, and a number of optional revenue tools that could fund the project.

 

Of particular interest is the possibility that some of these revenue tools could potentially be used to fund additional underground rapid transit projects in other high-growth, high-demand areas of the city, including Finch Avenue West and the Downtown Relief Line.

 

Background Information
(January 30, 2012) Letter from the Mayor on Toronto Transit Infrastructure Limited (TTIL) Interim Report - Toronto Transit: Back on Track - Sheppard Subway Development and Financing Study
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44972.pdf)

(January 27, 2012) Attachment 1 - Toronto Transit Infrastructure Limited (TTIL) Interim Report - Toronto Transit: Back on Track - Sheppard Subway Development and Financing Study
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44984.pdf)

(February 6, 2012) Cover Letter from the Deputy City Manager and Chief Financial Officer forwarding the report titled "Sheppard Subway Extensions; Analysis of Funding Options for Toronto Transit Infrastructure Limited (TTIL) and the City of Toronto"
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45061.pdf)

(February 6, 2012) KPMG report titled "Sheppard Subway Extensions; Analysis of Funding Options for Toronto Transit Infrastructure Limited (TTIL) and the City of Toronto" (KPMG, November 7, 2011)
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45062.pdf)

(August 18, 2011) Memorandum from N. Barry Lyon Consultants Limited on Eglinton Crosstown and Sheppard Subway Transit Corridor - Forecasts Deliverables 1 and 2, Methodology and Results
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45103.pdf)

(February 13, 2012) Presentation from Dr. Gordon Chong, titled "Toronto Transit: Back on Track - Sheppard Subway Development and Financing Study" Interim Report (February 13, 2012)
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45195.pdf)

(February 13, 2012) Presentation from KPMG titled "Sheppard Subway Extensions" Analysis of Funding Options for TTIL and the City of Toronto (February 13, 2012)
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45207.pdf)

Speakers

Jamie  Kirkpatrick, Toronto Environmental Alliance
Alan  Yule
Councillor Joe Mihevc
Councillor Mary Fragedakis
Councillor Raymond Cho
Councillor Janet Davis
Councillor Gord Perks
Councillor Josh Colle
Councillor Adam Vaughan
Councillor Anthony Perruzza
Councillor James Pasternak

Motions
Motion to Refer Item moved by Councillor Doug Holyday (Carried)

That the City Manager report back to the Executive Committee with recommendations on a process to move forward with the development of a plan to complete the Sheppard Subway.

 


 


EX16.10

ACTION 

Adopted 

 

 

Ontario Association of Police Services Boards - White Paper: Provincial Offences Act - Unpaid Fines a Billion Dollar Problem

Committee Recommendations

The Executive Committee recommends that City Council advise the Government of Ontario and ask it to consider the issues identified in the White Paper on Provincial Offences Act (POA) Unpaid Fines, attached to the letter (January 13, 2012) from the Chair, Toronto Police Services Board.

Origin
(January 13, 2012) Letter from the Chair, Toronto Police Services Board
Summary

 The purpose of this report is to provide the Executive Committee with the Ontario Association of Police Services Board’s (OAPSB) White Paper entitled “Provincial Offences Act – Unpaid Fines A Billion Dollar Problem.

Background Information
(January 13, 2012) Letter from the Chair, Toronto Police Services Board on Ontario Association of Police Services Boards - White Paper: Provincial Offences Act - Unpaid Fines a Billion Dollar Problem
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44981.pdf)

Motions
Motion to Adopt Item moved by Councillor Paul Ainslie (Carried)

EX16.11

ACTION 

Adopted 

 

 

Toronto Police Service: 2012 Service Priorities and Business Plan

Committee Recommendations

The Executive Committee recommends that City Council receive the item for information.

Origin
(January 17, 2012) Letter from the Chair, Toronto Police Services Board
Summary

The purpose of this report is to provide Toronto City Council, via the Executive Committee, with the Toronto Police Service’s 2012 Service Priorities and Business Plan.

Background Information
(January 17, 2012) Letter from the Chair, Toronto Police Services Board on Toronto Police Service: 2012 Service Priorities and Business Plan
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44987.pdf)

Communications
(February 13, 2012) E-mail from Miguel Avila  (EX.New.EX16.11.1)
Speakers

Miguel  Avila, Latin American Tenant Association
Alan  Yule

Motions
Motion to Adopt Item moved by Councillor Cesar Palacio (Carried)

EX16.12

ACTION 

Referred 

 

 

Redirecting Bag Fees Back into City Programs

Committee Decision

The Executive Committee:

 

1.         requested the City Manager to report to the Executive Committee on April 16, 2012 on incentives for businesses to donate their collection of the 5 cent plastic bag fee towards the protection of the City's tree canopy.

 

2.         directed that any incentive include a tax receipt to match the voluntary contribution and visible public recognition by the City of Toronto.

Origin
(January 17, 2012) Letter from Councillor Michelle Berardinetti
Summary

On December 2008, City Council enacted a bylaw requiring all retailers located in the City of Toronto to charge customers a 5 cent per bag fee in an effort to decrease the amount of discarded plastic bags in our landfills.     The bylaw went into effect on June 2009 with the hopeful intent that retailers reinvest the proceedings to environmental and community related initiatives.    

 

Despite initial opposition, the bag fee was readily accepted by the public as previous voluntary bag fees already existed among some major retailers.  Charging for bags is not relegated to Toronto but seen nationally and internationally. Consumers acknowledge that the plastic bags are harmful to our ecology and should be used less in favour of reusable bags.

 

Given the City's systemic budget challenges and the public outcry to protect popular municipal programs, the City determine if collected bag fees could be voluntary incorporated under the aegis of the City's Toronto's Office of Partnerships.    Many businesses that I have spoken to support the idea that the bag tax be specifically allocated into a meaningful municipal program, such as Forestry operations. 

 

They support restoring the urban tree canopy that has been recently decimated by the Emerald Ash Borer (there are 860,000 ash trees impacted in Toronto) and other invasive species harmful to our local tree inventory.     Businesses support the idea that their respective bag tax proceeds be directed to a tree canopy program recognized by the City in the form of a visible window display.

Background Information
(January 17, 2012) Letter from Councillor Michelle Berardinetti on Redirecting Bag Fees Back into City Programs
(http://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44993.pdf)

Communications
(February 10, 2012) E-mail from Kevin Watts (EX.New.EX16.12.1)
Speakers

Miroslav  Glavic
Keegan  Henry-Mathieu, Toronto Youth Cabinet
Councillor Shelley Carroll
Councillor Doug Ford

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

That the City Manager report to the Executive Committee on April 16, 2012 on options to remove the plastic bag fee by-law.

 

 


Vote (Amend Item (Additional))

Feb-13-2012

Result: Lost Majority Required - Motion 1 - Councillor Ainslie - Amend Item (additional)
Yes: 3 Paul Ainslie, Rob Ford (Chair), Doug Holyday 
No: 7 Michelle Berardinetti, Norman Kelly, Peter Milczyn, Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson, Michael Thompson 
Absent: 3 Mike Del Grande, Giorgio Mammoliti, David Shiner 

2 - Motion to Amend Item moved by Councillor Michelle Berardinetti (Carried)

That the Executive Committee:

 

1.         request the City Manager to report to the Executive Committee on April 16, 2012 on incentives for businesses to donate their collection of the 5 cent plastic bag fee towards the protection of the City's tree canopy.

 

2.         direct that any incentive include a tax receipt to match the voluntary contribution and visible public recognition by the City of Toronto.

 

 


Vote (Amend Item)

Feb-13-2012

Result: Carried Majority Required - Motion 1 - Councillor Berardinettii - Amend Item
Yes: 8 Paul Ainslie, Michelle Berardinetti, Norman Kelly, Peter Milczyn, Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson, Michael Thompson 
No: 2 Rob Ford (Chair), Doug Holyday 
Absent: 3 Mike Del Grande, Giorgio Mammoliti, David Shiner 

3 - Motion to Adopt Item as Amended moved by Councillor Michelle Berardinetti (Carried)

Procedural Motions
1 - Motion to Adopt Minutes moved by Councillor Paul Ainslie (Carried)

That the Minutes of the meeting of January 24, 2012 be confirmed.

 


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

That the Meeting be extended to complete the remaining items on the Agenda (Items EX16.2, EX16.6, EX16.8, EX16.11 and EX16.12) 

 

 

 

The Executive Committee acknowledged the presence of Mr. Ucal Powell, and congratulated him on his appointment to the Order of Ontario.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Monday, February 13, 2012
Rob Ford, Chair, Executive Committee
Meeting Sessions
Session Date Session Type Start Time End Time Public or Closed Session
2012-02-13 Morning 9:45 AM 12:25 PM Public
2012-02-13 Afternoon 1:45 PM 8:20 PM Public
Attendance
Members were present for some or all of the time period indicated.
Date and Time Quorum Members
2012-02-13
09:45 AM - 12:25 PM
(Public Session)
Present Present: Paul Ainslie, Michelle Berardinetti, Rob Ford (Chair), Doug Holyday, Norman Kelly, Giorgio Mammoliti, Peter Milczyn, Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson
Not Present: Mike Del Grande
Also present (non-members): Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Vincent Crisanti, Janet Davis, Paula Fletcher, Mary Fragedakis, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata, Adam Vaughan
2012-02-13
01:45 PM - 08:20 PM
(Public Session)
Present Present: Paul Ainslie, Michelle Berardinetti, Rob Ford (Chair), Doug Holyday, Norman Kelly, Peter Milczyn, Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson
Not Present: Mike Del Grande, Giorgio Mammoliti
Also present (non-members): Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Paula Fletcher, Doug Ford, Mary Fragedakis, Josh Matlow, Pam McConnell, Joe Mihevc, Frances Nunziata, James Pasternak, Gord Perks, Anthony Perruzza, Adam Vaughan