City of Toronto Logo Contents

Considered by City Council on
March 31, 2010
April 1, 2010



Executive Committee


Meeting No. 41   Contact Patsy Morris, Committee Administrator
Meeting Date Monday, March 1, 2010
  Phone 416-392-9151
Start Time 9:30 AM
  E-mail exc@toronto.ca
Location Committee Room 1, City Hall
  Chair   Mayor David Miller  

Item  

EX41.1 Relationship Framework for Exhibition Place Board of Governors with the City of Toronto (Ward: All)  

EX41.2 Update: Implementation of the Accessible Customer Service Standard under the Accessibility for Ontarians with Disabilities Act (AODA) (Ward: All)  

EX41.5 Woodgreen Community Services Facility - Proposed Relocation (Ward: 30)  

EX41.7 Transportation Services - 2010 Cash Flow Reallocations and Deferrals  

EX41.14 Authority to receive and spend/allocate Citizenship and Immigration Canada funding for services to Newcomers (Ward: All)  

EX41.15 Retention of Toronto Port Lands Company to provide Pre-Development Services for the Proposed Port Lands Sports Centre (Ward: 30)  

EX41.16 Establishing an Office of Independent Counsel for Council and Members of Council  



City of Toronto Logo Committee Report

Considered by City Council on
March 31, 2010
April 1, 2010



Executive Committee



EX41.1

 

Adopted on Consent 

 

Ward: All 

Relationship Framework for Exhibition Place Board of Governors with the City of Toronto
City Council Decision

 City Council on March 31 and April 1, 2010, adopted the following:

 

1.         City Council adopt the Relationship Framework for the Board of Governors for Exhibition Place, attached as Appendix 1 of the report (February 12, 2010) from the City Manager, to replace the Memorandum of Understanding between the Board of Governors and the Municipality of Metropolitan Toronto dated July 4, 1983.

 

2.         City Council authorize the City Solicitor to introduce the necessary bills to add a chapter to the Toronto Municipal Code in order to incorporate the proposed by-law substantially as set out in Appendix 2 of the report (February 12, 2010) from the City Manager.

 

3.         City Council authorize the City Manager on advice of the City Solicitor to make technical amendments and updates to the Relationship Framework as required from time to time pursuant to Council decisions and legislative changes.

————
Committee Recommendations

 The Executive Committee recommends that:

 

1.         City Council adopt the Relationship Framework for the Board of Governors for Exhibition Place, attached as Appendix 1 of the report (February 12, 2010) from the City Manager, to replace the Memorandum of Understanding between the Board of Governors and the Municipality of Metropolitan Toronto dated July 4, 1983.

 

2.         City Council authorize the City Solicitor to introduce the necessary bills to add a chapter to the Toronto Municipal Code in order to incorporate the proposed by-law substantially as set out in Appendix 2 of the report (February 12, 2010) from the City Manager.

 

3.         City Council authorize the City Manager on advice of the City Solicitor to make technical amendments and updates to the Relationship Framework as required from time to time pursuant to Council decisions and legislative changes.

Origin
(February 12, 2010) Report from the City Manager
Summary

This report recommends adoption of the Relationship Framework governing the relationship between the City and the Board of Governors of Exhibition Place. This report also recommends by-laws under the Municipal Code to operationalize the Framework.

 

 This Relationship Framework which was developed in collaboration with the administration and members of the Exhibition Place Board of Governors and the City Solicitor’s Office, and in consultation with Financial Planning Division, is attached as Appendix 1, with corresponding proposed by-laws attached as Appendix 2.  The Board of Governors of Exhibition Place concurs with the Relationship Framework and has requested the City Manager to proceed with City approvals.

 

Background Information (Committee)
Relationship Framework for Exhibition Place Board of Governors with the City of Toronto
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-27445.pdf)


EX41.2

 

Adopted on Consent 

 

Ward: All 

Update: Implementation of the Accessible Customer Service Standard under the Accessibility for Ontarians with Disabilities Act (AODA)
City Council Decision

City Council on March 31 and April 1, 2010, adopted the following:

 

1.         City Council direct the City Manager, in consultation with the City Clerk, to work with Councillors to form a Working Group to develop policies, practices and procedures for Councillors and provide training to ensure that Councillors Offices are operating in compliance with the customer service standards of the Accessibility for Ontarians with Disabilities Act (AODA).

 

2.         City Council request the Human Resources Division to work with the Diversity Management staff to develop and implement training plans to ensure compliance with AODA standards.

————
Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council direct the City Manager, in consultation with the City Clerk, to work with Councillors to form a Working Group to develop policies, practices and procedures for Councillors and provide training to ensure that Councillors Offices are operating in compliance with the customer service standards of the Accessibility for Ontarians with Disabilities Act (AODA).

 

2.         City Council request the Human Resources Division to work with the Diversity Management staff to develop and implement training plans to ensure compliance with AODA standards.

Origin
(February 8, 2010) Report from the City Manager
Summary

This report advises Council of the status of implementing the Accessible Customer Service Standard, established by the Accessibility for Ontarians with Disabilities Act, 2005 (AODA).

 

This is a preliminary report on implementation as data are currently being assembled to meet the compliance report due on March 31, 2010.

Background Information (Committee)
Update: Implementation of the Accessible Customer Service Standard under the Accessibility for Ontarians with Disabilities Act (AODA)
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-27446.pdf)


EX41.5

 

Adopted on Consent 

 

Ward: 30 

Woodgreen Community Services Facility - Proposed Relocation
City Council Decision

City Council on March 31 and April 1, 2010, adopted the following: 

 

1.         City Council request the Director of Real Estate Services to confirm the availability of the City-owned lands within the Identified Block for reconfiguration to facilitate a new head office and services facility location for Woodgreen Community Services.

 

2.         City Council authorize the Director of Real Estate Services to negotiate a Memorandum of Understanding with Woodgreen Community Services and the Toronto Parking Authority (“TPA”) for the reconfiguration of the Identified Block to include a new location for Woodgreen Community Services, generally in accordance with the proposed principles and reconfiguration illustrated in the confidential attachment to the report (February 16, 2010) from the Executive Director, Social Development, Finance and Administration.

 

3.         City Council direct the Director of Real Estate Services to report back through the Government Management Committee on the proposed real estate transaction(s) including terms for the acquisition, exchange and/or reconfiguration of the lands within the Identified Block and responsibility for associated costs.

 

4.         City Council authorize the public release of the confidential information in Attachment 1 of the report (February 16, 2010) from the Executive Director, Social Development, Finance and Administration, when the Memorandum of Understanding or other agreement is adopted by City Council.

 

Confidential Attachment 1 to the report (February 16, 2010) from the Executive Director, Social Development, Finance and Administration 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 acquisition or sale of land for municipal or local board purposes.  The confidential information will be made public when the Memorandum of Understanding or other agreement is adopted by City Council.

————
Confidential Attachment - A proposed or pending acquisition or sale of land for municipal or local board purposes
Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council request the Director of Real Estate Services to confirm the availability of the City-owned lands within the Identified Block for reconfiguration to facilitate a new head office and services facility location for Woodgreen Community Services.

 

2.         City Council authorize the Director of Real Estate Services to negotiate a Memorandum of Understanding with Woodgreen Community Services and the Toronto Parking Authority (“TPA”) for the reconfiguration of the Identified Block to include a new location for Woodgreen Community Services, generally in accordance with the proposed principles and reconfiguration illustrated in the confidential attachment to the report (February 16, 2010) from the Executive Director, Social Development, Finance and Administration.

 

 

3.         City Council direct the Director of Real Estate Services to report back through the Government Management Committee on the proposed real estate transaction(s) including terms for the acquisition, exchange and/or reconfiguration of the lands within the Identified Block and responsibility for associated costs.

 

4.         City Council authorize the public release of the confidential information in Attachment 1 of the report (February 16, 2010) from the Executive Director, Social Development, Finance and Administration, when the Memorandum of Understanding or other agreement is adopted by City Council.

 

Origin
(February 16, 2010) Report from the Executive Director, Social Development, Finance and Administration
Summary

Woodgreen Community Services (“WCS”) is a non-profit, multi-service organization offering a range of social services to approximately 37,000 individuals every year. WCS provides programs and services from 22 different locations within the east central portion of the City including an aging facility at 835 Queen Street East.  WCS has been searching, since 2001, for a location for a new facility where it could integrate its services, accommodate growth to meet changing needs in the community, and improve its accessibility by public transportation.  It approached the City to assist it in this search.

 

 

WCS has identified a preferred location fronting on Danforth Avenue, within a portion of the block bounded by Coxwell Avenue and Rhodes Avenue and the public lane to the south (the

“Identified Block”), and where the majority of such lands is within WCS and City ownership.

 

The purpose of this report is to authorize the Director of Real Estate Services to negotiate a Memorandum of Understanding (“MOU”) with WCS to reconfigure the Identified Block to facilitate the establishment of a site for the proposed new WCS facility.

 

Background Information (Committee)
Woodgreen Community Services Facility - Proposed Relocation
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-27449.pdf)

Appendix 1: Map --- Existing Configuration of Identified Block
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-27450.pdf)


EX41.7

 

Adopted 

 

 

Transportation Services - 2010 Cash Flow Reallocations and Deferrals
City Council Decision

City Council on March 31 and April 1, 2010, adopted the following:

 

1.         City Council approve the deferred and accelerated cash flows in the amount of $13,500,000 detailed in Table 1 of the report (February 2, 2010) from the General Manager, Transportation Services, which will have no net impact on the approved 2010 debt.

 

 2.        City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.

————
Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council approve the deferred and accelerated cash flows in the amount of $13,500,000 detailed in Table 1 of the report (February 2, 2010) from the General Manager, Transportation Services, which will have no net impact on the approved 2010 debt.

 

 2.        City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.

Origin
(February 17, 2010) Letter from the Budget Committee
Summary

The Budget Committee on February 17, 2010, considered a report (February 2, 2010) from the General Manager, Transportation Services, entitled "Transportation Services – 2010 Cash Flow Reallocations and Deferrals.

Background Information (Committee)
Transportation Services - 2010 Cash Flow Reallocations and Deferrals
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-27451.pdf)

Table 1: Transportation Services ý Capital Budget Adjustments and Reallocation - Debt Funded Programs
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-27457.pdf)

Background Information (City Council)
(March 31,2010) Briefing Note from the Director, Transportation Infrastructure Management (EX41.7a)
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-28835.pdf)


EX41.14

 

Amended 

 

Ward: All 

Authority to receive and spend/allocate Citizenship and Immigration Canada funding for services to Newcomers
City Council Decision

City Council on March 31 and April 1, 2010, adopted the following:

 

1.         City Council authorize the Mayor and/or City Manager to enter into agreement(s) with Citizenship and Immigration Canada (CIC) for a total value of up to $4,050,000.00 gross/ zero net.

 

2.         City Council request the Executive Director, Social Development, Finance and Administration to report to the Community Development and Recreation Committee on the value of the final agreement between the City and CIC and the allocation of funds to Parks Forestry and Recreation, Toronto Public Health, Children’s Services and Social Development, Finance and Administration, the report to also include a status report on Local Immigration Partnerships (LIPs) and the Canada Ontario Immigration Agreement (COIA).

 

3.         City Council request the Executive Director, Social Development, Finance and Administration to work with the Federation of Canadian Municipalities and Citizenship and Immigration Canada (CIC) to determine the funding provided for settlement services, by province, with specific historical and projected funding for the province of Quebec, and include this information in the report requested in Part 2 above.

 

4.         City Council direct that the CIC funds be used to support City settlement planning and community capacity building, contracting with community based service providers for settlement workers in identified child care centres, recreation centres and public health, newcomer programming in recreation centres, supporting family reunification and adaptation and understanding the needs and health status of recent immigrants living in Toronto.

 

5.         City Council direct that, should an agreement be signed prior to Council consideration of the 2010 operating budget, staff report directly to Council on the required 2010 operating budget adjustments (including positions) for Children's Services, Toronto Public Health, Parks Forestry and Recreation, and Social Development, Finance and Administration divisional budgets.

 

6.         City Council request the City Manager to provide a status report to the Executive Committee in six-month's time, on the evaluation of the program.

 

7.         City Council authorize the appropriate City officials to take the necessary actions to give effect thereto.

————
Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council authorize the Mayor and/or City Manager to enter into agreement(s) with Citizenship and Immigration Canada (CIC) for a total value of up to $4,050,000.00 gross/ zero net.

 

2.         City Council request the Executive Director, Social Development, Finance and Administration to report to the Community Development and Recreation Committee on the value of the final agreement between the City and CIC and the allocation of funds to Parks Forestry and Recreation, Toronto Public Health, Children’s Services and Social Development, Finance and Administration.

 

3.         City Council direct that the CIC funds be used to support City settlement planning and community capacity building, contracting with community based service providers for settlement workers in identified child care centres, recreation centres and public health, newcomer programming in recreation centres, supporting family reunification and adaptation and understanding the needs and health status of recent immigrants living in Toronto.

 

4.         City Council direct that, should an agreement be signed prior to Council consideration of the 2010 operating budget, staff report directly to Council on the required 2010 operating budget adjustments (including positions) for Children's Services, Toronto Public Health, Parks Forestry and Recreation, and Social Development, Finance and Administration divisional budgets.

 

5.         City Council authorize the appropriate City officials to take the necessary actions to give effect thereto.

Origin
(February 17, 2010) Report from the City Manager
Summary

This report seeks authority to enter into an agreement with Citizenship and Immigration Canada (CIC) to receive funding for innovative pilot programs for newcomers in Toronto.

 

City staff have identified pilot programming in Children’s Services, Parks Forestry and Recreation, Toronto Public Health and Social Development, Finance and Administration designed to provide additional supports to newcomers in accessing City and community based services.

Background Information (Committee)
Authority to receive and spend/allocate Citizenship and Immigration Canada funding for services to Newcomers
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-27467.pdf)


EX41.15

 

Amended 

 

Ward: 30 

Retention of Toronto Port Lands Company to provide Pre-Development Services for the Proposed Port Lands Sports Centre
City Council Decision

City Council on March 31 and April 1, 2010, adopted the following:

 

1.         City Council authorize the City to enter into an agreement retaining Toronto Port Lands Company to provide planning, design, environmental risk assessment and other pre-development services to the City for a proposed sports centre in the Port Lands, with the agreement to be on terms satisfactory to the Deputy City Manager and in a form satisfactory to the City Solicitor, and with compensation to Toronto Port Lands Company under that agreement not to exceed $3.511 million.

 

2.         City Council request the Deputy City Manager to provide a status report on the proposed Port Lands Sports Centre to the April 23, 2010 meeting of the Community Development and Recreation Committee.

 

3.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto

————
Committee Recommendations

The Executive Committee recommends that:

 

1.         the City enter into an agreement retaining Toronto Port Lands Company to provide planning, design, environmental risk assessment and other pre-development services to the City for a proposed sports centre in the Port Lands, with the agreement to be on terms satisfactory to the Deputy City Manager and in a form  satisfactory to the City Solicitor, and with compensation to Toronto Port Lands Company under that agreement not to exceed $3.511 million.

 

2.          City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto

Origin
(February 26, 2010) Report from the Deputy City Manager
Summary

The City is Waterfront Toronto's eligible recipient for carrying out planning, design, environmental risk assessment and other pre-development services for the sports complex proposed to be built in the Port Lands. This report authorizes the City to retain Toronto Portlands Company to provide those pre-development services

Background Information (Committee)
Retention of Toronto Portlands Company to provide Pre-Development Services for the Proposed Port Lands Sports Centre
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-27976.pdf)


EX41.16

 

Referred 

 

 

Establishing an Office of Independent Counsel for Council and Members of Council
City Council Decision

City Council on March 31 and April 1, 2010, referred this Item back to the Executive Committee for further consideration when the Committee considers candidate legal expenses and other related matters.

————
Committee Recommendations

The Executive Committee recommends that:

 

1          City Council establish the Office of Independent Counsel.

 

2.         City Council direct that the Terms of Reference for this office 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 in dealing with, but not limited to:  the public, the media, Agencies Boards and Commissions, external organizations, other orders of government and their agencies and the City of Toronto.

 

c.         To report directly to Council.

 

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

 

3.         City Council direct that the Initial budget for the establishment of this office be taken from the current budget of the City Solicitor and various legal reserves with a view to establishing a discrete budget for this function in the 2012 budget.

 

4.         City Council direct that this office be up and running no later than May of 2010 and if necessary, until such time as it is fully functional, the City Manager in consultation with the Mayor provide for outside legal representation and temporary office assistance.

Committee Decision Advice and Other Information

 The Executive Committee requested the Mayor, in consultation with the City Manager, City Solicitor and Treasurer to report directly to Council on the anticipated staffing and budget required to support the Office of Independent Counsel.

Origin
(March 1, 2010) Letter from Councillor Moscoe and Councillor FLetcher
Summary

In recognizing the necessity to protect the public interest Council has established a number of accountability positions.   The Auditor General holds Council and the administration accountable for stewardship of public funds and value for money in public operations.   We have an Integrity Commissioner to ensure adherence to Codes of Conduct and ethical behaviour.

 

The Ombudsman oversees administrative practices to ensure that the public are treated fairly by the civil service.  The Lobbyist Registrar watches over the integrity of the City’s decision-making through public disclosure of lobbying activities and lobbyists’ conduct.

We also employ a Fairness Commissioner to ensure that business dealings with the city are open and transparent.

 

The one missing component in all of this protection is that there is nobody to advocate for Council and members of Council.

 

Over the past term of council elected representatives are increasingly coming under attack.  Politicians are considered fair game and are frequently being used for target practice by both the media and disgruntled individuals.   Any individual, who has $300, can for whatever reason, launch a lawsuit and push a member of Council towards financial ruin.  The City Legal Department has made it quite clear that they represent the City of Toronto and not its elected representatives.

 

Because there are a number of emergent issues it is important that we act quickly on this matter. To do so will require access to existing funding.  For that reason we should use both legal reserves and existing funds within the current legal department’s budget.  The presence of Independent Legal Counsel will take pressure off the department in that much of the work that is presently being done for Council will be taken up by the New Office of Independent Counsel.  For example, this year the Solicitor spent some $250,000 to commission independent legal opinion on MFIPPA and substantial additional legal fees seeking a court determination of Council and councillor’s rights under MFIPPA.  This kind of work will now be undertaken by Independent Legal Counsel.

 

Background Information (Committee)
Establishing an Office of Independent Solicitor for Council and Members of Council
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-27982.pdf)

Background Information (City Council)
(March 24, 2010) supplementary report from Mayor David Miller on the proposed Office of Independent Counsel (EX41.16a)
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-28771.pdf)

Communications (City Council)
(March 29, 2010) E-mail from John Wright (CC.New.EX41.16.1)
Declared Interests (Committee)

The following member(s) declared an interest:

Councillor Giorgio Mammoliti - In that he was recently named in a lawsuit.

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor A.A. Heaps - as he has incurred legal expenses in the past.
Councillor Giorgio Mammoliti - as he has incurred legal expenses in the past.


 

Noted and Filed Item

 

EX41.10          2010 Salary Freeze for Mayors and Councillors

 

(February 1, 2010) Member Motion from City Council

 

 

 

 

 

Submitted Monday, March 1, 2010
Mayor David Miller, Chair, Executive Committee