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TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on November 25, 26 and 27, 1998

CORPORATE SERVICES COMMITTEE

REPORT No. 17

1Separation Program - Executive, Management and Excluded Staff

2Conditions of Employment - Council Staff Members

3Legal Counsel - Coroner's Inquest Into the Death of Edmond Yu

4Signboards Presently Located on Former Metropolitan Toronto Properties(Wards: 1-East York; 13-Scarborough Bluffs;15-Scarborough City Centre; and 25-Don River)

5Property Tax Bill Designs

6Provision of Food Services at City Hall

7Sale of Land - Land not Required for Waterfront Drive -Humber Bay Shores - Rear of 2063 Lake Shore Boulevard West (Ward 2 - Lakeshore Queensway)

8Sale of Land - Land not Required for Waterfront Drive -Humber Bay Shores - Rear of 2095 Lake Shore Boulevard West (Ward 2 - Lakeshore Queensway)

9Sale of Surplus Spadina Project Property at 547 Arlington Avenue(Ward 28 - York Eglinton)

10Sale of Surplus Spadina Project Propertyat 124 Everden Road(Ward 28 - York Eglinton)

11Sale of Surplus Spadina Project Property 48 Heathdale Road (Ward 28 - York Eglinton)

12Proposed Property Disposal,116 Combe Avenue,(Ward 8 - North York Spadina)

13Application for Approval to Expropriate Interests in Land, Sheppard Subway Project, Temporary Partial Interests from two Properties: 202 Sheppard Avenue West, 204 Sheppard Avenue West (Ward 10 - North York Centre) 14017

14City-Owned Vacant Lands, Part of the Closed Road Allowance Known as Summerhill Avenue, and Lands Acquired by the City as Part of the Yonge/Summerhill Development Review Process, Declaration as Surplus and Proposed Land Exchange (Ward 23 - Midtown)

151510 - 1538 Dupont StreetOne Year Extension to the Term ofthe First Mortgage (Ward 21 - Davenport)

16Yonge Dundas Square -Proposed Municipal Code Amendment(Ward 24 - Downtown)

175182 and 5200 Yonge StreetSam-Sor Enterprises Inc.

18OMERS Type 3 Supplementary Agreementand the York Fire Association

19Renewal of Lease - Welfare Office1860 Wilson Avenue(Ward 6 - North York/Humber)

20Request for Proposal for Microcomputer Hardware, Software and Services

21Request for Amendment to the City's Final Release and Indemnity Form - Voluntary Exit

22Employment Equity Data for New Hires and Layoffs -Comparison of December 1997 and September 1998

23Actuarial Valuation Results - Toronto Civic Employees Pension and Benefit Fund (The Civic Fund) and the Toronto Fire Department Superannuation and Benefit Fund (The Fire Fund)

24Actuarial Valuation Results -The City of York Employee Pension Plan

25Ontario Human Rights Commission - Minutes of Settlement Regarding Employment Equity Complaint

26Provision of Historic Food Service at Fort York

27Acquisition of 40 Wabash Avenue fora Municipal Recreation Facility -Request to Proceed with the Acquisition(W Committee 14061 ard 19 - High Park)

28Other Items Considered by theCommittee

City of Toronto

REPORT No. 17

OF THE CORPORATE SERVICES COMMITTEE

(from its meeting on November 9, 1998,

submitted by Councillor David, Miller, Acting Chair)

As Considered by

The Council of the City of Toronto

on November 25, 26 and 27, 1998

Separation Program - Executive,

Management and Excluded Staff

(City Council on November 25, 26 and 27, 1998, amended this Clause by striking out Recommendation No. (1) of the Corporate Services Committee and inserting in lieu thereof the following:

"(1)the adoption of the confidential report dated August 27, 1998, from the Executive Director of Human Resources;",

so that the recommendations of the Corporate Services Committee shall now read as follows:

"The Corporate Services Committee recommended to Council:

(1)the adoption of the confidential report dated August 27, 1998, from the Executive Director of Human Resources, embodying the following recommendations:

'It is recommended that:

(1)the Position Termination approach under the Separation Program for Executive, Management and Excluded staff be amended to provide for:

(a)the separation payment to be paid out over the period of separation or until the separating employee receives alternate comparable employment, whichever occurs first; if the separated employee secures comparable full-time employment during the period of separation payment, the employee shall be paid one-half of the remaining separation payment, including one-half of benefit contributions;

(b)payments to be made on either a salary continuation or a lump-sum monthly basis;

(c)the separating employee to sign a declaration that they will advise the City when they receive alternate comparable employment; and

(d)an option for out placement counselling, but not for a cash payment in lieu of out placement counselling;

(2)the amendments in the Program be effective March 1, 1999, and that notice be given to all employees about these amendments; and

(3)the Executive Director of Human Resources be authorized to modify the approach when, after having received legal advice, the individual circumstances require a different approach.'; and

(2)the adoption of the joint confidential report dated October 15, 1998, from the Chief Administrative Officer and the Executive Director of Human Resources, subject to amending Recommendation No. (3) by deleting therefrom the date 'February 28, 1999' and inserting in lieu thereof the date 'March 31, 1999', so that the recommendations embodied in such report shall now read as follows:

'It is recommended that:

(1)Council consider the recommendations contained in the report dated August27, 1998, to the Strategic Policies and Priorities Committee, and attached, on the Separation Program for Executive, Management and Excluded Staff;

(2)should Council adopt the recommendations in the August 27, 1998 report, the implementation date of the revised Separation Program be March 1, 1999; and

(3)should Council adopt Recommendations Nos. (1) and (2) in this report, the Separation Program elements available to eligible employees of the former City of Toronto under the COTAPSAI Memorandum of Understanding be extended for those eligible employees until March 31, 1999.' ")

The Corporate Services Committee recommends the adoption of the Recommendations of the Corporate Services Committee embodied in the confidential communication (November 16, 1998) from the City Clerk, respecting the Separation Program for Executive, Management and Excluded Staff, which was forwarded to Members of Council under confidential cover.

Mr. David Neil, President, City of Toronto Administrative Professional, Supervisory Association Incorporated (COTAPSAI), appeared before the Corporate Services Committee in connection with the foregoing matter.

(City Council on November 25, 26 and 27, 1998, had before it, during consideration of the foregoing Clause, a confidential communication (November 16, 1998) from the City Clerk forwarding the recommendations of the Corporate Services Committee pertaining to:

(i)the confidential report (August 27, 1998) from the Executive Director of Human Resources; and

(ii)the confidential joint report (October 15, 1998) from the Executive Director of Human Resources and the Chief Administrative Officer,

such communnication and reports to remain confidential in accordance with the Municipal Act, save and except the recommendations embodied therein.)

(Extract from a confidential communication

dated November 16, 1998 from the City Clerk.)

The Corporate Services Committee recommended to Council:

(1)the adoption of the confidential report (August 27, 1998) from the Executive Director of Human Resources, subject to deleting the following points listed under Recommendation No.(1) embodied therein:

" Cthe separation payment to be paid out over the period of separation or until the separating employee receives alternate comparable employment, whichever occurs first; if the separated employee secures comparable full-time employment during the period of separation payment, the employee shall be paid one-half of the remaining separation payment, including one-half of benefit contributions;

payments to be made on either a salary continuation or a lump-sum monthly basis;

the separating employee to sign a declaration that they will advise the City when they receive alternate comparable employment."; and

(2)the adoption of the joint confidential report (October 15, 1998) from the Chief Administrative Officer and the Executive Director of Human Resources, subject to amending Recommendation No. (3) by deleting therefrom the date "February 28, 1999" and inserting in lieu thereof the date "March 31, 1999".

(Extract from a confidential joint report dated October 15, 1998

from the Executive Director of Human Resources and

the Chief Administrative Officer)

Recommendations:

It is recommended that:

(1)Council consider the recommendations contained in the report dated August 27, 1998, to the Strategic Policies and Priorities Committee, and attached, on the Separation Program for Executive, Management and Excluded Staff;

(2)should Council adopt the recommendations in the August 27, 1998 report, the implementation date of the revised Separation Program be March 1, 1999; and

(3)should Council adopt Recommendations Nos. (1) and (2) in this report, the separation Program elements available to eligible employees of the former City of Toronto under the COTAPSAI Memorandum of Understanding be extended for those eligible employees until February 28, 1999.

(Extract from a confidential report dated August 27, 1998

from the Executive Director of Human Resources)

Recommendations:

It is recommended that:

(1)the Position Termination approach under the Separation Program for Executive, Management and Excluded Staff be amended to provide for:

(b)payments to be made on either a salary continuation or a lump-sum monthly basis;

(c)the separating employee to sign a declaration that they will advise the City when they receive alternate comparable employment; and

(d)an option for out placement counselling, but not for a cash payment in lieu of out placement counselling;

(2)the amendments in the Program be effective January 1, 1999 and that notice be given to all employees about these amendments; and

(3)the Executive Director of Human Resources be authorized to modify the approach when, after having received legal advice, the individual circumstances require a different approach.

Conditions of Employment - Council Staff Members

(City Council on November 25, 26 and 27, 1998, amended this Clause:

(1)by adding to Recommendation No. (1)(a) of the Personnel Sub-Committee, as amended by the Corporate Services Committee, the words "permanent Council staff members employed by a former municipality which had a severance practice greater than two weeks per year of service be grandparented at the level of severance payment through the former practice for their service prior to January 1, 1998", so that such recommendation shall now read as follows:

"(1)adoption of the report (October 15, 1998) from the Executive Director of Human Resources subject to:

(a)amending Recommendation No. (3) to provide that an employee would be eligible for three weeks' severance per year of service and be required to follow the City's policy of not being re-hired during the next two years by either the City or its Agencies, Boards or Commissions, and permanent Council staff members employed by a former municipality which had a severance practice greater than two weeks per year of service be grandparented at the level of severance payment through the former practice for their service prior to January1, 1998;";

(2)to provide that:

(a)Executive Assistants and Constituency Assistants who work in excess of their regularly scheduled work day or work week be compensated in the form of lieu time or overtime pay at straight time, provided that the total time shall not exceed 105hours in the calendar year, subject to the approval of their respective Councillor;

(b)Council Administrative Assistants and Clerical Assistants who work in excess of their regularly scheduled work day or work week be compensated in the form of lieu time or overtime pay at time-and-a-half, provided that the total time shall not exceed 70 hours in the calendar year, subject to the approval of their respective Councillor;

(c)any overtime payments to Executive Assistants and Constituency Assistants who work for Members of Council be paid from the Councillor's global office budget; and any overtime payments to Administrative Assistants and Clerical Assistants be made in accordance with current practice; and

(d)this policy be designated as the policy for non-union Council staff members only, and shall not be applicable to either the bargaining unit staff in the Councillors' offices or to the Corporate staff, the latter of which remains subject to the compensation study to be considered in 1999; and

(3)by adding thereto the following:

"It is further recommended that the Executive Director of Human Resources be requested to ensure that the review currently underway of the job descriptions and salary levels for Executive Assistants and Constituency Assistants to Members of Council is completed by the consultants no later than the end of February, 1999.")

The Corporate Services Committee recommends the adoption of the Recommendations of the Personnel Sub Committee, embodied in the communication (October 23, 1998) from the City Clerk, subject to amending Recommendation No. (1) (a) by deleting the words "in a downsizing situation", so that the Recommendations of the Personnel Sub-Committee now reads as follows:

"The Personnel Sub-Committee on October 22, 1998, recommended to the Corporate Services Committee:

(1)adoption of the report (October 15, 1998) from the Executive Director of Human Resources subject to:

(b)striking out Recommendation No. (2) and inserting in lieu thereof the following:

"(2)that Council Staff Members, like other employees, not be eligible to receive cash in lieu of benefits with the exception of those individuals currently in receipt of such benefits who will be grandparented"; and

(2)adoption of the joint report (July 20, 1998) from the Commissioner of Corporate Services and the Executive Director of Human Resources, as amended by Recommendations Nos. (1), (4) and (5), of the Corporate Services Committee, embodied in Clause No.3 of Report No. 11 of The Corporate Services Committee, which was before Council on July 29, 30 and 31, 1998.

The Corporate Services Committee submits the following communication (October 23, 1998) from the City Clerk:

Recommendations:

The Personnel Sub-Committee on October 22, 1998, recommended to the Corporate Services Committee:

(1)adoption of the report (October 15, 1998) from the Executive Director of Human Resources subject to:

(a)amending Recommendation No. (3) to provide that in a downsizing situation, an employee would be eligible for three weeks' severance per year of service and be required to follow the City's policy of not being re-hired during the next two years by either the City or its agencies, boards, or commissions; and

(b)striking out Recommendation No. (2) and inserting in lieu thereof the following:

"that Council Staff Members, like other employees, not be eligible to receive cash in lieu of benefits with the exception of those individuals currently in receipt of such benefits who will be grandparented."; and

(2)adoption of the joint report (July 20, 1998) from the Commissioner of Corporate Services and the Executive Director of Human Resources, as amended by Recommendations Nos.(1), (4) and (5), of the Corporate Services Committee, embodied in Clause No. 3 of Report No. 11 of The Corporate Services Committee, which was before Council at its meeting on July 29, 30, and 31, 1998.

Background:

The Personnel Sub-Committee had before it a communication (August 12, 1998) from the City Clerk advising that City Council, at its meeting held on July 29, 30, and 31, 1998, during consideration of Clause No. 3 of Report No. 11 of The Corporate Services Committee, headed "Conditions of Employment - Council Staff Members", directed that the aforementioned Clause be struck out and referred to the Personnel Sub-Committee together with the following motions:

Moved by Councillor Disero:

"That the Clause be amended to provide that Council staff be allowed to opt out of the benefits package in lieu of receiving the financial equivalent payment, until such time as the review of the full benefit plan is considered."

Moved by Councillor Moscoe:

"That Council staff members who were employed by a former municipality which had a severance practice greater than two weeks per year of service be grandparented at the level of severance payment through the former practice for their service prior to January 1, 1998."

Moved by Councillor King:

"That the foregoing Clause be amended by amending Recommendation Nos.(7) and (8) embodied in the joint report (July 20, 1998) from the Commissioner of Corporate Services and the Executive Director of Human Resources, by adding thereto the following words 'and that the payments be made from the Councillors' office budget.' "

The Sub-Committee also had before it a report (October 15, 1998) from the Executive Director of Human Resources respecting the terms and conditions of employment for Council Staff Members; and recommending that:

(1)Council consider the recommendations of the Executive Director of Human Resources, as outlined in the report dated July 20, 1998, to the Corporate Services, Committee with the amendments proposed by the Corporate Services Committee;

(2)Council consider if it wishes to allow all Council staff the option to opt out of the benefits package in lieu of receiving the financial equivalent payment, until such time as the review of the full benefit plan is considered;

(3)permanent Council staff members employed by a former municipality which had a severance practice greater than two weeks per year of service be grandparented at the level of severance payment through the former practice for their service prior to January 1, 1998. Thereafter, their severance provision will be two weeks pay for each year of continuous employment from January 1, 1998; and

(4)the financial cost of any provisions which may be implemented in the future for overtime pay for Council Administrative Assistants and Clerical Assistants, or any Council staff members, be paid through the Councillors' office budgets.

Mr. David Neil, President, City of Toronto Administrative, Professional Supervisory Association Incorporated (COTAPSAI) appeared before the Personnel Sub-Committee in connection with the foregoing matter.

(Clause No. 3 of Report No. 11 of

The Corporate Services Committee, which was before the Council

of the City of Toronto at its meeting held on July 29, 30 and 31, 1998.)

(City Council on July 29, 30and 31, 1998, struck out and referred this Clause to the Personnel Sub-Committee of the Corporate Services Committee together with the following motions:

Moved by Councillor Disero:

Moved by Councillor Moscoe:

Moved by Councillor King:

"That the foregoing Clause be amended by amending Recommendations Nos. (7) and(8) embodied in the joint report (July 20, 1998) from the Commissioner of Corporate Services and the Executive Director of Human Resources, by adding thereto the following words 'and that the payments be made from Councillors' office budgets.'")

The Corporate Services Committee recommends the adoption of the joint report (July 20, 1998) from the Commissioner of Corporate Services and the Executive Director of Human Resources, subject to:

(1)amending Recommendation No. (1) (a) by deleting therefrom the words "or temporary"; so that Recommendation No. (1) (a) now reads as follows:

"(1) (a)on or before December 31, 1997, as permanent employees remain as permanent employees with the City of Toronto;";

(2)amending Recommendation No. (3) to read as follows:

"(3)that severance provision for Council staff be two weeks pay for each year of continuous employment;";

(3)amending Recommendation No. (5) by adding thereto the following:

"and that the Corporate Services Committee give further consideration to this matter after Council has approved a general policy for the Corporation, so that Recommendation No. (5) now reads as follows:

'(5)Council staff not be eligible to receive cash in lieu of benefits; and that the Corporate Services Committee give further consideration to this matter after Council has approved a general policy for the Corporation'";

(4)amending Recommendation No. (6) by deleting therefrom the word "grandfathered" and inserting in lieu thereof the word "grandparented", so that Recommendation No.(6) now reads as follows:

"(6)that Council staff who are currently in receipt of cash in lieu of benefits be "grandparented" until the review of benefit plans is completed and changes are approved by Council; and that the contracts for such staff reflect this provision;"; and

(5)deferring consideration of Recommendations Nos. (7) and (8) respecting the issue of overtime for Councillors' Assistants, until such time as a corporate-wide policy for overtime is considered.

The Corporate Services Committee reports, for the information of Council, having:

(1)requested the Executive Director of Human Resources to submit a report to the Corporate Services Committee on a timeline for completion of the review of the updated job descriptions; and

(2)referred the following motion to the Executive Director of Human Resources for report thereon to the meeting of the Corporate Services Committee scheduled to be held on September 14, 1998:

Moved by Councillor Joe Mihevc on behalf of Councillor Moscoe:

"That the Executive Director be requested to complete any outstanding job evaluations and Pay Equity Plans within three months' time."

The Corporate Services Committee submits the following joint report (July20, 1998) from the Commissioner of Corporate Services and the Executive Director of Human Resources:

Purpose:

This report recommends the conditions of employment for Council staff members.

Financial Implications:

The funding for these positions is accommodated in each Councillor's 1998 salary budgets.

Recommendations:

It is recommended that:

(1)Council staff members (Executive Assistant, Constituency Assistant, Administrative Assistant, and Clerical Assistant) employed:

(a)on or before December 31, 1997, as permanent or temporary employees remain as permanent or temporary employees with the City of Toronto;

(b)on or before December 31, 1997, as contract employees be employed under the terms and conditions of the respective employment contract attached as Appendix "A" except for those employees of the former Municipality of Metropolitan Toronto who may choose to remain on their existing contract;

(c)on or after January 1, 1998, be employed under the terms and conditions of the respective employment contract attached as Appendix "A";

(2)any salary adjustment resulting from the review of the updated Executive Assistant job description be implemented retroactive to January 1, 1998, or the employee's start date; whichever is later;

(3)severance provisions for contract Council Support staff be as stated in Section 5 of their respective contract (Appendix "A");

(4)upon electing to participate in OMERS, provided that the minimum requirements under the Pension Benefits Act, R.S.O. 1990 have been met, employees be permitted the opportunity to buy back their service; and that this buy back cost be equally shared between the employee and the City of Toronto;

(5)Council staff not be eligible to receive cash in lieu of benefits;

(6)Council staff who are currently in receipt of cash in lieu of benefits be "grandfathered" until the review of benefit plans is completed and changes are approved by Council; and that the contracts for such staff reflect this provision;

(7)Council Executive Assistant and Constituency Assistant staff who work in excess of their regularly scheduled workday or workweek be compensated in the form of lieu time at a straight time rate provided that the total lieu time taken shall not exceed 105 hours in a calendar year;

(8)Council Administrative Assistants and Clerical Assistants who work in excess of their regularly scheduled workday or workweek be compensated in the form of lieu time at time and a half provided that the total lieu time taken shall not exceed 70 hours in a calendar year, or in the form of overtime pay, subject to the approval of their respective Councillor; and

(9)staff be authorized to take whatever steps necessary to implement the foregoing.

Background History:

City Council on January 2, 6, 8 and 9, 1998 adopted the following:

(1)each Councillor be given the latitude to hire the equivalent of three (3) full time staff from the following classifications: Executive Assistant, Constituency Assistant, Administrative Assistant and Clerical Assistant;

(2)on an interim basis, the salary range for the Executive Assistant and the Constituency Assistant be that of the Executive Assistant in the former Municipality of Metropolitan Toronto and the salary range for the Administrative Assistant and the Clerical Assistant be that of the Administrative Assistant and the Clerk Grade 3 position in the former Municipality of Metropolitan Toronto;

(3)all permanent former 'City' or 'Metro' employees retain their permanent employment status and those earning in excess of the City recommended salary ranges have their salaries red-circled;

The attached report was before the Corporate Services Committee on April 27, 1998. The Executive Director of Human Resources was asked by the Corporate Services Committee to meet with affected contract Council staff members to review the proposed employment contract.

Comments:

(1)Employment Status of Council Staff:

Council staff members in the former municipalities in comparable positions to the Executive Assistant, Constituency Assistant, Administrative Assistant and Clerical Assistant were classified as permanent, temporary or contract. The permanent and temporary staff are either excluded or bargaining unit based on their employment status and position classification with their former municipality.

Council staff who currently members of a bargaining unit will remain in the bargaining unit and will continue to receive their existing salary and benefits, pending collective agreement negotiations.

The term of employment for contract Council staff members at the former Municipality of Metropolitan Toronto was until 30 days following the day on which a Councillor ceased to be a Member of the Metropolitan Council for whatever reason. For those staff who have continued to be employed by the same Councillor, their contract is still in effect. However, it is recommended that they be given an opportunity to be employed under the terms and conditions of the contract approved by Council. This will assist in standardizing the employment relationship of Council staff members.

(2)Concerns of Council Staff Members:

The Executive Director of Human Resources was asked by the Corporate Services Committee to meet with affected contract Council staff members to review their specific concerns with the proposed employment contract.

On May 11, 1998, the Executive Director met with Council staff members where concerns were expressed with respect to paid lieu time at straight time to a maximum of 105 hours, the option to receive cash in lieu of benefits, pensions, severance and salary.

Staff have addressed the majority of the concerns discussed at the meeting. The only exception is the recommendation to compensate staff for overtime worked in the form of lieu time instead of pay. This is an area where human resources staff strongly recommend standardization of contract terms for all Council staff.

The former municipalities of Metropolitan Toronto, North York, Scarborough and Toronto had employment contracts for designated Council staff members. It was agreed that the significant employment conditions contained in the employment contracts of these former municipalities and the proposed contract for the City of Toronto would be illustrated for the Corporate Services Committee in this report (Appendix "B") for comparison purposes.

The appropriateness of the Executive Assistant salary was also discussed at the meeting. The salary level for the Executive Assistant is based on the job evaluation rating from the former Municipality of Metropolitan Toronto. Council staff expressed a desire to update the rating, since it had not been updated for several years and, in their opinion, the responsibilities and scope of the position have changed over time.

Though this position will be included as part of the overall corporate review of the City's Compensation Program, it was agreed that on an interim basis, an updated Executive Assistant job description would be developed and rated in accordance with the former Municipality of Metropolitan Toronto's job evaluation system. It was stressed that, in accordance with the policy for job evaluation, each Executive Assistant and each Councillor would have to agree to the contents of the job evaluation questionnaire prior to the rating process being implemented.

(3)Severance Provisions Recommended by the Former City of Toronto Council:

On November 18, 1997, Council of the former City of Toronto adopted a recommendation that:

(1)the contract staff of those members of Council who were not elected on November10, 1997, be offered the same severance package as is available to members of Council, i.e., one month of salary for every year of service, up to a maximum of six months;

(2)staff be authorized to take whatever steps are necessary to implement the foregoing; and

(3)the appropriate staff report to the new City of Toronto Council on including a severance package for all contracted political staff employed by Members of Council.

The Financial Advisory Board turned this recommendation down, on the basis that it should be considered by the new Council of the new City of Toronto.

The Committee will note that the severance provisions being recommended in this report differ from those proposed by the former City of Toronto Council.

Contact Names:

Bill Taylor,

Manager of Human Resources

392-8635

Jim Hart,

Director of Council Services and Management Services

392-8676

--------

This Agreement made as of the day of , 1998.

Between:

The City of Toronto

(hereinafter called "City")

of the First Part-and-

__________Name_________________

(hereinafter called the "Executive Assistant")

Witnesseth that: of the Second Part

Whereas, as evidenced by Clause No.____of _____________Committee Report No.________

Adopted by the Council of the City at its meeting on _____________________1998, the Council approved a policy of hiring Executive Assistants for the Members of the Council of the City; and

Whereas, the Executive Assistant has been appointed to act as such for Councillor________

(the "Councillor").

Now therefore in consideration of the premises, the parties covenant and agree as follows:

1.(1)The Executive Assistant is hereby appointed a contract employee of the City for the period set forth in section 2, subject to termination of employment pursuant to section5, in the capacity of Executive Assistant in the Office of the Councillor at Step___($_____) in Salary Grade EM1 of the Management Salary Schedule of the former Municipality of Metropolitan in effect on December 31, 1997.

(2)The annual salary payable under subsection 1 shall be payable in the usual course less all applicable statutory deductions, employee benefit deductions and any other payroll deductions agreed upon in writing.

(3)If the Step set forth in subsection 1 is not the maximum within the Salary Grade, the Executive Assistant may, in the discretion of the Councillor, have his or her salary increased to a higher step within the Salary Grade on the annual anniversary of his or her employment as an Executive Assistant until the maximum Step is attained.

(4)The Executive Assistant shall be entitled to any adjustment in salary given to the permanent employees of the City in the same Salary Grade at the same time as such an adjustment.

2.(1)The term of employment of the Executive Assistant shall commence on the 1^st day of January, 1998 and terminate on the earlier of November 30, 2000 or the Friday next following the day on which the Councillor ceases to be a Member of the Council of the City for whatever reason, including the Councillor's failure to be re-elected to office.

(2)Where the employment of the Executive Assistant terminates pursuant to subsection1, the Executive Assistant will be given notice or pay in lieu of notice calculated on years of service in accordance with the formula set out in subsections 5(2), 5(3) and 5(4).

(3)Where the employment of an Executive Assistant terminates pursuant to subsection1 and at the time of such termination the Executive Assistant is on leave by reason of Maternity Leave, or receipt of benefits under the Workplace Safety and Insurance Act or Long-Term Disability Insurance, the Executive Assistant shall be deemed to continue as an employee only for the purpose of any corporate benefits to which he or she would be entitled but for such termination until the reason for the leave no longer exists provided that the payment of such benefits does not require the City to employ the Executive Assistant in a position at the City on the termination of his or her leave.

3.(1)Subject to subsection 2, the Executive Assistant shall be accorded all corporate benefits of a permanent employee of the City in the same Salary Grade with the same deductions from salary and contributions by the City as employer in respect thereof.

(2)For the purposes of the Ontario Municipal Employees Retirement System (O.M.E.R.S.) only the Executive Assistant is designated by the City as an "Other-Than-Continuous Full-Time" employee and may elect to participate as a member of O.M.E.R.S. only after having completed 24 months of continuous employment during which period the Executive Assistant:

has worked at least 700 hours, or

earned at least 35 per cent of the Year's Maximum Pensionable Earnings as defined in the Canada Pension Plan.

(3)In the event that on the day immediately preceding the date of commencement of employment as an Executive Assistant as set forth in subsection 1, the Executive Assistant was an employee of the former Municipality of Metropolitan Toronto or any of the former area municipalities within the Metropolitan Area, the ("Old Municipalities"), such employment shall be deemed to be uninterrupted and continuous with employment under this agreement for the purposes of determining the corporate benefits of such Executive Assistant.

4.The duties of the Executive Assistant shall be as described in the corporate description for the position as prepared by the Human Resources function of the City from time to time and such other duties as may be assigned by the Councillor or assigned by the City during the period in which the Executive Assistant continues to be employed by the City after the date on which the Councillor ceases to be a member of the City Council pursuant to subsection 2(1).

5.(1)This agreement may be terminated immediately by the City for cause.

(2)Notwithstanding section 2, this agreement may be terminated by the City without cause at any time upon giving the Executive Assistant notice or pay in lieu of notice. Where the Executive Assistant has been continuously employed by the City of Toronto for 3 years or less, the Executive Assistant will receive 30 days notice or pay in lieu of notice. If the Executive Assistant receives pay in lieu of notice, all statutory deductions will be deducted. This notice or pay in lieu of notice includes any amount of which the Executive Assistant may be entitled in the way of notice of termination under the Ontario Employment Standards Act.

(3)Where the Executive Assistant has been continuously employed by the City of Toronto for greater than 3 years but less than 6 years, the period of time specified in subsection 2 shall be 45days instead of 30.

(4)Where the Executive Assistant has been continuously employed by the City of Toronto for 6 years or more, the period of time specified in subsection 2 shall be 60 days instead of 30.

6.(1)Except for such amounts as may be payable under the terms of employment to any employee of the City who resigns, no additional amount shall be paid by the City to the Executive Assistant if his or her employment terminates

(a)for cause as provided for in subsection 5(1); or

(b)by reason of his or her resignation.

(2)Where the Executive Assistant ceases to be employed as such, but continues to be employed by the City in another position, such employment shall be deemed to be uninterrupted and continuous with employment under this agreement.

7.The Executive Assistant agrees that the salary, benefits and other terms and conditions of employment provided for in this agreement can be either increased or decreased by the City during the term of employment consistent with any changes applicable to permanent employees of the City in the same Salary Grade arising out of the City's job evaluation or benefit rationalization process.

8.The Executive Assistant shall comply with and be bound by all rules applicable to permanent employees of the City respecting disclosure of interest, codes of conduct, and confidential information acquired by the Executive Assistant in the course of his or her employment hereunder.

9.(1)This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understanding and agreements between the parties hereto or between the Executive Assistant and one of the Old Municipalities with respect thereto. There are not representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory between the parties other than as expressly set forth in this agreement.

(2)No amendment to this agreement shall be valid or binding unless set forth in writing and duly executed by both of the parties hereto. No waiver of any breach of any provisions of this agreement shall be effective or binding unless made in writing and signed by the part purporting to give the same and unless otherwise provided in the written waiver, shall be limited to the specific breach waived.

(3)This agreement is personal to the Executive Assistant and may not be assigned by the Executive Assistant.

(4)All notices, requests or other communications by the terms hereof required or permitted to be given by one party to another shall be given in writing by registered mail, postage prepaid addressed to the other party or delivered to the other party as follows:

TO THE EXECUTIVE ASSISTANT AT:_____________________

_____________________

TO THE CITY AT:Station 1071, 7^th floor, Metro Hall

55 John Street, Toronto, Ontario

M5V 3C6

Attention: City Clerk

or such address as may be given by either of them to the other in writing from time to time and such notices, requests, demands, acceptances and other communication shall be deemed to have been received on the day of delivery, if delivered or if mailed, on the third business day after of the mailing thereof.

In Witness Whereof the City has hereunto affixed its corporate seal attested to by the hands of its officers in that behalf duly authorized and the Executive Assistant by his or her signature respectively.

Signed, Sealed and Delivered)The City of Toronto

in the presence of )________________________

)

)________________________

)

)Executive Assistant

)

__________________________)________________________

Witness

___________

This Agreement made as of the day of , 1998.

Between:

The City of Toronto

(hereinafter called "City")

of the First Part

-and-

__________Name_________________

(hereinafter called the "Clerical Assistant")

Witnesseth that: of the Second Part

Whereas, as evidenced by Clause No.____of _____________Committee Report No.________

Adopted by the Council of the City at its meeting on _____________________1998, the Council approved a policy of hiring Clerical Assistants for the Members of the Council of the City; and

Whereas, the Clerical Assistant has been appointed to act as such for Councillor________

(the "Councillor").

Now therefore in consideration of the premises, the parties covenant and agree as follows:

1.(1)The Clerical Assistant is hereby appointed a contract employee of the City for the period set forth in section 2, subject to termination of employment pursuant to section 5, in the capacity of Clerical Assistant in the Office of the Councillor at Step___($_____) in Salary Grade EC22 of the Excluded Clerical Salary Schedule of the former Municipality of Metropolitan in effect on December 31, 1997.

(3)If the Step set forth in subsection 1 is not the maximum within the Salary Grade, the Clerical Assistant may, in the discretion of the Councillor, have his or her salary increased to a higher step within the Salary Grade on the annual anniversary of his or her employment as an Clerical Assistant until the maximum Step is attained.

(4)The Clerical Assistant shall be entitled to any adjustment in salary given to the permanent employees of the City in the same Salary Grade at the same time as such an adjustment.

2.(1)The term of employment of the Clerical Assistant shall commence on the 1^st day of January, 1998 and terminate on the earlier of November 30, 2000 or the Friday next following the day on which the Councillor ceases to be a Member of the Council of the City for whatever reason, including the Councillor's failure to be re-elected to office.

(2)Where the employment of the Clerical Assistant terminates pursuant to subsection 1, the Clerical Assistant will be given notice or pay in lieu of notice calculated on years of service in accordance with the formula set out in subsections 5(2), 5(3) and 5(4).

(3)Where the employment of an Clerical Assistant terminates pursuant to subsection 1 and at the time of such termination the Clerical Assistant is on leave by reason of Maternity Leave, or receipt of benefits under the Workplace Safety and Insurance Act or Long-Term Disability Insurance, the Clerical Assistant shall be deemed to continue as an employee only for the purpose of any corporate benefits to which he or she would be entitled but for such termination until the reason for the leave no longer exists provided that the payment of such benefits does not require the City to employ the Clerical Assistant in a position at the City on the termination of his or her leave.

3.(1)Subject to subsection 2, the Clerical Assistant shall be accorded all corporate benefits of a permanent employee of the City in the same Salary Grade with the same deductions from salary and contributions by the City as employer in respect thereof.

(2)For the purposes of the Ontario Municipal Employees Retirement System (O.M.E.R.S.) only the Clerical Assistant is designated by the City as an "Other-Than-Continuous Full-Time" employee and may elect to participate as a member of O.M.E.R.S. only after having completed 24 months of continuous employment during which period the Clerical Assistant:

(a)has worked at least 700 hours, or

(b)earned at least 35 per cent of the Year's Maximum Pensionable Earnings as defined in the Canada Pension Plan.

(3)In the event that on the day immediately preceding the date of commencement of employment as an Clerical Assistant as set forth in subsection 1, the Clerical Assistant was an employee of the former Municipality of Metropolitan Toronto or any of the former area municipalities within the Metropolitan Area, the ("Old Municipalities"), such employment shall be deemed to be uninterrupted and continuous with employment under this agreement for the purposes of determining the corporate benefits of such Clerical Assistant.

4.The duties of the Clerical Assistant shall be as described in the corporate description for the position as prepared by the Human Resources function of the City from time to time and such other duties as may be assigned by the Councillor or assigned by the City during the period in which the Clerical Assistant continues to be employed by the City after the date on which the Councillor ceases to be a member of the City Council pursuant to subsection 2(1).

5.(1)This agreement may be terminated immediately by the City for cause.

(2)Notwithstanding section 2, this agreement may be terminated by the City without cause at any time upon giving the Clerical Assistant notice or pay in lieu of notice. Where the Clerical Assistant has been continuously employed by the City of Toronto for 3 years or less, the Clerical Assistant will receive 30 days notice or pay in lieu of notice. If the Clerical Assistant receives pay in lieu of notice, all statutory deductions will be deducted. This notice or pay in lieu of notice includes any amount of which the Clerical Assistant may be entitled in the way of notice of termination under the Ontario Employment Standards Act.

(3)Where the Clerical Assistant has been continuously employed by the City of Toronto for greater than 3 years but less than 6 years, the period of time specified in subsection 2 shall be 45days instead of 30.

(4)Where the Clerical Assistant has been continuously employed by the City of Toronto for 6 years or more, the period of time specified in subsection 2 shall be 60 days instead of 30.

6.(1)Except for such amounts as may be payable under the terms of employment to any employee of the City who resigns, no additional amount shall be paid by the City to the Clerical Assistant if his or her employment terminates

(a)for cause as provided for in subsection 5(1); or

(b)by reason of his or her resignation.

(2)Where the Clerical Assistant ceases to be employed as such, but continues to be employed by the City in another position, such employment shall be deemed to be uninterrupted and continuous with employment under this agreement.

7.The Clerical Assistant agrees that the salary, benefits and other terms and conditions of employment provided for in this agreement can be either increased or decreased by the City during the term of employment consistent with any changes applicable to permanent employees of the City in the same Salary Grade arising out of the City's job evaluation or benefit rationalization process.

8.The Clerical Assistant shall comply with and be bound by all rules applicable to permanent employees of the City respecting disclosure of interest, codes of conduct, and confidential information acquired by the Clerical Assistant in the course of his or her employment hereunder.

9.(1)This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understanding and agreements between the parties hereto or between the Clerical Assistant and one of the Old Municipalities with respect thereto. There are not representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory between the parties other than as expressly set forth in this agreement.

(3)This agreement is personal to the Clerical Assistant and may not be assigned by the Clerical Assistant.

TO THE CLERICAL ASSISTANT AT:_____________________

_____________________

TO THE CITY AT:Station 1071, 7^th floor, Metro Hall

55 John Street, Toronto, Ontario

M5V 3C6

Attention: City Clerk

In Witness Whereof the City has hereunto affixed its corporate seal attested to by the hands of its officers in that behalf duly authorized and the Clerical Assistant by his or her signature respectively.

Signed, Sealed and Delivered)The City of Toronto

in the presence of )________________________

)

)________________________

)

)Clerical Assistant

)

__________________________)_________________________

Witness

_______

This Agreement made as of the day of , 1998.

Between:

The City of Toronto

(hereinafter called "City")

of the First Part

-and-

__________Name_________________

(hereinafter called the "Administrative Assistant")

Witnesseth that: of the Second Part

Whereas, as evidenced by Clause No.____of _____________Committee Report No.________

Adopted by the Council of the City at its meeting on _____________________1998, the Council approved a policy of hiring Administrative Assistants for the Members of the Council of the City; and

Whereas, the Administrative Assistant has been appointed to act as such for Councillor________

(the "Councillor").

Now therefore in consideration of the premises, the parties covenant and agree as follows:

1.(1)The Administrative Assistant is hereby appointed a contract employee of the City for the period set forth in section 2, subject to termination of employment pursuant to section 5, in the capacity of Administrative Assistant in the Office of the Councillor at Step___($_____) in Salary Grade EC01 of the Management Salary Schedule of the former Municipality of Metropolitan in effect on December 31, 1997.

(3)If the Step set forth in subsection 1 is not the maximum within the Salary Grade, the Administrative Assistant may, in the discretion of the Councillor, have his or her salary increased to a higher step within the Salary Grade on the annual anniversary of his or her employment as an Administrative Assistant until the maximum Step is attained.

(4)The Administrative Assistant shall be entitled to any adjustment in salary given to the permanent employees of the City in the same Salary Grade at the same time as such an adjustment.

2.(1)The term of employment of the Administrative Assistant shall commence on the 1^st day of January, 1998 and terminate on the earlier of November 30, 2000 or the Friday next following the day on which the Councillor ceases to be a Member of the Council of the City for whatever reason, including the Councillor's failure to be re-elected to office.

(2)Where the employment of the Administrative Assistant terminates pursuant to subsection 1, the Administrative Assistant will be given notice or pay in lieu of notice calculated on years of service in accordance with the formula set out in subsections 5(2), 5(3) and 5(4).

(3)Where the employment of an Administrative Assistant terminates pursuant to subsection 1 and at the time of such termination the Administrative Assistant is on leave by reason of Maternity Leave, or receipt of benefits under the Workplace Safety and Insurance Act or Long-Term Disability Insurance, the Administrative Assistant shall be deemed to continue as an employee only for the purpose of any corporate benefits to which he or she would be entitled but for such termination until the reason for the leave no longer exists provided that the payment of such benefits does not require the City to employ the Administrative Assistant in a position at the City on the termination of his or her leave.

3.(1)Subject to subsection 2, the Administrative Assistant shall be accorded all corporate benefits of a permanent employee of the City in the same Salary Grade with the same deductions from salary and contributions by the City as employer in respect thereof.

(2)For the purposes of the Ontario Municipal Employees Retirement System (O.M.E.R.S.) only the Administrative Assistant is designated by the City as an "Other-Than-Continuous Full-Time" employee and may elect to participate as a member of O.M.E.R.S. only after having completed 24 months of continuous employment during which period the Administrative Assistant:

(a)has worked at least 700 hours, or

(b)earned at least 35 percent of the Year's Maximum Pensionable Earnings as defined in the Canada Pension Plan.

(3)In the event that on the day immediately preceding the date of commencement of employment as an Administrative Assistant as set forth in subsection 1, the Administrative Assistant was an employee of the former Municipality of Metropolitan Toronto or any of the former area municipalities within the Metropolitan Area, the ("Old Municipalities"), such employment shall be deemed to be uninterrupted and continuous with employment under this agreement for the purposes of determining the corporate benefits of such Administrative Assistant.

4.The duties of the Administrative Assistant shall be as described in the corporate description for the position as prepared by the Human Resources function of the City from time to time and such other duties as may be assigned by the Councillor or assigned by the City during the period in which the Administrative Assistant continues to be employed by the City after the date on which the Councillor ceases to be a member of the City Council pursuant to subsection 2(1).

5.(1)This agreement may be terminated immediately by the City for cause.

(2) Notwithstanding section 2, this agreement may be terminated by the City without cause at any time upon giving the Administrative Assistant notice or pay in lieu of notice. Where the Administrative Assistant has been continuously employed by the City of Toronto for 3 years or less, the Administrative Assistant will receive 30 days notice or pay in lieu of notice. If the Administrative Assistant receives pay in lieu of notice, all statutory deductions will be deducted. This notice or pay in lieu of notice includes any amount of which the Administrative Assistant may be entitled in the way of notice of termination under the Ontario Employment Standards Act.

(3)Where the Administrative Assistant has been continuously employed by the City of Toronto for greater than 3 years but less than 6 years, the period of time specified in subsection 2 shall be 45 days instead of 30.

(4)Where the Administrative Assistant has been continuously employed by the City of Toronto for 6 years or more, the period of time specified in subsection 2 shall be 60 days instead of 30.

6.(1)Except for such amounts as may be payable under the terms of employment to any employee of the City who resigns, no additional amount shall be paid by the City to the Administrative Assistant if his or her employment terminates

(a)for cause as provided for in subsection 5(1); or

(b)by reason of his or her resignation.

(2)Where the Administrative Assistant ceases to be employed as such, but continues to be employed by the City in another position, such employment shall be deemed to be uninterrupted and continuous with employment under this agreement.

7. The Administrative Assistant agrees that the salary, benefits and other terms and conditions of employment provided for in this agreement can be either increased or decreased by the City during the term of employment consistent with any changes applicable to permanent employees of the City in the same Salary Grade arising out of the City's job evaluation or benefit rationalization process.

8.The Administrative Assistant shall comply with and be bound by all rules applicable to permanent employees of the City respecting disclosure of interest, codes of conduct, and confidential information acquired by the Administrative Assistant in the course of his or her employment hereunder.

9.(1)This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understanding and agreements between the parties hereto or between the Administrative Assistant and one of the Old Municipalities with respect thereto. There are not representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory between the parties other than as expressly set forth in this agreement.

(3)This agreement is personal to the Administrative Assistant and may not be assigned by the Administrative Assistant.

TO THE ADMINISTRATIVE ASSISTANT AT:_____________________

_____________________

TO THE CITY AT:Station 1071, 7^th floor, Metro Hall

55 John Street, Toronto, Ontario

M5V 3C6

Attention: City Clerk

In Witness Whereof the City has hereunto affixed its corporate seal attested to by the hands of its officers in that behalf duly authorized and the Administrative Assistant by his or her signature respectively.

Signed, Sealed and Delivered)The City of Toronto

in the presence of )________________________

)

)________________________

)

)Administrative Assistant

)

__________________________)_________________________

Witness

_______

This Agreement made as of the day of , 1998.

Between:

The City of Toronto

(hereinafter called "City")

of the First Part

-and-

__________Name_________________

(hereinafter called the "Constituency Assistant")

Witnesseth that: of the Second Part

Whereas, as evidenced by Clause No.____of _____________Committee Report No.________

Adopted by the Council of the City at its meeting on _____________________1998, the Council approved a policy of hiring Constituency Assistants for the Members of the Council of the City; and

Whereas, the Constituency Assistant has been appointed to act as such for Councillor________

(the "Councillor").

Now therefore in consideration of the premises, the parties covenant and agree as follows:

1.(1)The Constituency Assistant is hereby appointed a contract employee of the City for the period set forth in section 2, subject to termination of employment pursuant to section 5, in the capacity of Constituency Assistant in the Office of the Councillor at Step___($_____) in Salary Grade EM1 of the Management Salary Schedule of the former Municipality of Metropolitan in effect on December 31, 1997.

(3)If the Step set forth in subsection 1 is not the maximum within the Salary Grade, the Constituency Assistant may, in the discretion of the Councillor, have his or her salary increased to a higher step within the Salary Grade on the annual anniversary of his or her employment as an Constituency Assistant until the maximum Step is attained.

(4)The Constituency Assistant shall be entitled to any adjustment in salary given to the permanent employees of the City in the same Salary Grade at the same time as such an adjustment.

2.(1)The term of employment of the Constituency Assistant shall commence on the 1^st day of January, 1998 and terminate on the earlier of November 30, 2000 or the Friday next following the day on which the Councillor ceases to be a Member of the Council of the City for whatever reason, including the Councillor's failure to be re-elected to office.

(2)Where the employment of the Constituency Assistant terminates pursuant to subsection 1, the Constituency Assistant will be given notice or pay in lieu of notice calculated on years of service in accordance with the formula set out in subsections 5(2), 5(3) and 5(4).

(3)Where the employment of an Constituency Assistant terminates pursuant to subsection1 and at the time of such termination the Constituency Assistant is on leave by reason of Maternity Leave, or receipt of benefits under the Workplace Safety and Insurance Act or Long-Term Disability Insurance, the Constituency Assistant shall be deemed to continue as an employee only for the purpose of any corporate benefits to which he or she would be entitled but for such termination until the reason for the leave no longer exists provided that the payment of such benefits does not require the City to employ the Constituency Assistant in a position at the City on the termination of his or her leave.

3.(1)Subject to subsection 2, the Constituency Assistant shall be accorded all corporate benefits of a permanent employee of the City in the same Salary Grade with the same deductions from salary and contributions by the City as employer in respect thereof.

(2)For the purposes of the Ontario Municipal Employees Retirement System (O.M.E.R.S.) only the Constituency Assistant is designated by the City as an "Other-Than-Continuous Full-Time" employee and may elect to participate as a member of O.M.E.R.S. only after having completed 24 months of continuous employment during which period the Constituency Assistant:

(a)has worked at least 700 hours, or

(b)earned at least 35 per cent of the Year's Maximum Pensionable Earnings as defined in the Canada Pension Plan.

(3)In the event that on the day immediately preceding the date of commencement of employment as an Constituency Assistant as set forth in subsection 1, the Constituency Assistant was an employee of the former Municipality of Metropolitan Toronto or any of the former area municipalities within the Metropolitan Area, the ("Old Municipalities"), such employment shall be deemed to be uninterrupted and continuous with employment under this agreement for the purposes of determining the corporate benefits of such Constituency Assistant.

4.The duties of the Constituency Assistant shall be as described in the corporate description for the position as prepared by the Human Resources function of the City from time to time and such other duties as may be assigned by the Councillor or assigned by the City during the period in which the Constituency Assistant continues to be employed by the City after the date on which the Councillor ceases to be a member of the City Council pursuant to subsection 2(1).

5.(1)This agreement may be terminated immediately by the City for cause.

(2) Notwithstanding section 2, this agreement may be terminated by the City without cause at any time upon giving the Constituency Assistant notice or pay in lieu of notice. Where the Constituency Assistant has been continuously employed by the City of Toronto for 3 years or less, the Constituency Assistant will receive 30 days notice or pay in lieu of notice. If the Constituency Assistant receives pay in lieu of notice, all statutory deductions will be deducted. This notice or pay in lieu of notice includes any amount of which the Constituency Assistant may be entitled in the way of notice of termination under the Ontario Employment Standards Act.

(3)Where the Constituency Assistant has been continuously employed by the City of Toronto for greater than 3 years but less than 6 years, the period of time specified in subsection 2 shall be 45 days instead of 30.

(4)Where the Constituency Assistant has been continuously employed by the City of Toronto for 6 years or more, the period of time specified in subsection 2 shall be 60 days instead of 30.

6.(1)Except for such amounts as may be payable under the terms of employment to any employee of the City who resigns, no additional amount shall be paid by the City to the Constituency Assistant if his or her employment terminates

(a)for cause as provided for in subsection 5(1); or

(b)by reason of his or her resignation.

(2)Where the Constituency Assistant ceases to be employed as such, but continues to be employed by the City in another position, such employment shall be deemed to be uninterrupted and continuous with employment under this agreement.

7. The Constituency Assistant agrees that the salary, benefits and other terms and conditions of employment provided for in this agreement can be either increased or decreased by the City during the term of employment consistent with any changes applicable to permanent employees of the City in the same Salary Grade arising out of the City's job evaluation or benefit rationalization process.

8.The Constituency Assistant shall comply with and be bound by all rules applicable to permanent employees of the City respecting disclosure of interest, codes of conduct, and confidential information acquired by the Constituency Assistant in the course of his or her employment hereunder.

9.(1)This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understanding and agreements between the parties hereto or between the Constituency Assistant and one of the Old Municipalities with respect thereto. There are not representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory between the parties other than as expressly set forth in this agreement.

(3)This agreement is personal to the Constituency Assistant and may not be assigned by the Constituency Assistant.

TO THE CONSTITUENCY ASSISTANT AT:_____________________

_____________________

TO THE CITY AT:Station 1071, 7^th floor, Metro Hall

55 John Street, Toronto, Ontario

M5V 3C6

Attention: City Clerk

In Witness Whereof the City has hereunto affixed its corporate seal attested to by the hands of its officers in that behalf duly authorized and the Constituency Assistant by his or her signature respectively.

Signed, Sealed and Delivered)The City of Toronto

in the presence of )________________________

)

)________________________

)

)Constituency Assistant

)

__________________________)_________________________

Witness

Mr. David Neil, President, City of Toronto Administrative, Professional Supervisory Association, Incorporated (COTAPSAI), appeared before the Corporate Services Committee in connection with the foregoing matter, and submitted a brief in regard thereto.

(Councillor Doug Mahood, Scarborough Agincourt, declared his interest in the foregoing matter in that his daughter is employed by the City of Toronto as his Administrative Assistant.)

(Councillor Kyle Rae, Downtown, declared his interest in the foregoing matter in that he is a former City employee with an outstanding dispute respecting job evaluation and pay equity.)

(Councillor Balkissoon, at the meeting of City Council on July 29, 30 and 31, 1998, declared his interest in the foregoing Clause, in that several members of his family are employees of the City of Toronto.)

(Councillor Cho, at the meeting of City Council on July 29, 30 and 31, 1998, declared his interest in the foregoing Clause, in that his wife is employed as his Constituency Assistant.)

(Councillor Gardner, at the meeting of City Council on July 29, 30 and 31, 1998, declared his interest in the foregoing Clause, in that a member of his office staff is a relative.)

(Councillor Kelly, at the meeting of City Council on July 29, 30 and 31, 1998, declared his interest in the foregoing Clause, in that his wife is employed by the City of Toronto as his Executive Assistant.)

(Councillor Mahood at the meeting of City Council on July 29, 30 and 31, 1998, declared his interest in the foregoing Clause, in that his daughter is employed by the City of Toronto as his Administrative Assistant.)

(Councillor Pantalone at the meeting of City Council on July 29, 30 and 31, 1998, declared his interest in the foregoing Clause, in that his spouse, on occasion, works on a part-time basis in his office.)

(Councillor Rae at the meeting of City Council on July 29, 30 and 31, 1998, declared his interest in the foregoing Clause, in that he is a former City employee with an outstanding dispute respecting job evaluation and pay equity.)

(Councillor Shiner, at the meeting of City Council on July 29, 30 and 31, 1998, declared his interest in the foregoing Clause, in that a member of his office staff is a relative.)

--------

(Report dated October 15, 1998, addressed to the

Personnel Sub-Committee, from the Executive Director of Human Resources.)

Purpose:

This report recommends the terms and conditions of employment for Council staff members.

Financial Implications:

The funding for these positions is accommodated in each Councillor's 1998 salary budgets.

Recommendations:

It is recommended that:

(1)Council consider the recommendations of the Executive Director of Human Resources, as outlined in the report dated July 20, 1998, to the Corporate Services, with the amendments proposed by the Corporate Services Committee;

(3)permanent Council staff members employed by a former municipality which had a severance practice greater than two weeks per year of service be grandpersoned at the level of severance payment through the former practice for their service prior to January 1, 1998. Thereafter, their severance provision will be two weeks pay for each year of continuous employment from January1, 1998; and

Background:

The attached report, as amended by the Corporate Services Committee, was in front of City Council on July 29, 30, 31, 1998. A copy of the Corporate Services Committee recommendations to Council is also attached.

The report, and the amendments proposed by the Corporate Services Committee, was referred to the Personnel Sub-Committee of the Corporate Services Committee with the following motions:

Moved by Councillor Disero:

Moved by Councillor Moscoe:

"That Council staff members who were employed by a former municipality which had a severance practice greater than two weeks per year of service be grandfathered at the level of severance payment through the former practice for their service prior to January 1, 1998."

Moved by Councillor King:

"That the foregoing Clause be amended by amending Recommendations Nos. (7) and (8) embodied in the joint report (July 20, 1998) from the Commissioner of Corporate Services and the Executive Director of Human Resources, by adding thereto the following words 'and that the payments be made from Councillors' office budgets.' ")

Opting Out of the Benefits Package:

Committee will be aware that staff were originally not in favour of the option to opt out of the benefits package. Benefits are intended to cover the health needs of our employees, helping to ensure a healthy workforce. They are not intended as additional cash in lieu compensation. Staff are developing a revised benefit program which is more flexible than our current programs, and which, if approved by Council, will allow employees greater options and accountability for their benefit choices. Staff believe this is a better approach than cash in lieu of benefits.

Corporate Services Committee asked me to consider grandparenting those individuals who previously received cash in lieu of benefits in their former municipality. This reconsideration was included in the July 20, 1998 report to the Corporate Services Committee. It has effectively led to a renewed perception that employees in the same class of jobs are being treated differently, even though we have the opportunity now to harmonize terms and conditions of employment.

I am still concerned about the option of providing cash in lieu of benefits. However, out of fairness and equity, if Council is going to provide this benefit to one group of employees within the same class, it should consider offering this option to all employees in the group. Whatever position Council takes on opening up this option, it is imperative that this be done only until the new benefit plan is introduced.

Severance Payments:

Staff support Councillor Moscoe's motion with the clarification that only permanent (not contract) Council staff members employed by a former municipality which had a severance practice greater than two weeks per year of service be grandpersoned at the level of severance payment through the former practice for their service prior to January 1, 1998. Thereafter, their severance provision will be two weeks' pay for each year of continuous employment from January 1, 1998.

Payments from Councillors' Budgets:

The Sub-Committee will note that the Corporate Services Committee recommended that the issue of overtime be deferred until such time as a corporate-wide policy for overtime is considered. An overtime policy will be considered during discussion on the new Compensation Plan, due to take place in early 1999.

Staff can support Councillor King's motion respecting payment for such overtime.

Contact Names:

Bill Taylor, Manager, Human Resources, 392-8635

Jim Hart, Director of Council Services and Management Services, 392-8676

________

Mr. David Neil, President, City of Toronto Administrative, Professional Supervisory Association Incorporated (COTAPSAI) appeared before the Corporate Services Committee in connection with the foregoing matter.

(Councillor Norman Kelly declared his interest in the foregoing matter, in that his wife is employed by the City of Toronto as his Executive Assistant.)

(Councillor Mahood declared his interest in the foregoing matter, in that his daughter is employed by the City of Toronto as his Administrative Assistant.)

(Councillor Pantalone declared his interest in the foregoing matter, in that his spouse is temporarily employed by the City of Toronto in his office.)

(Councillor Cho, at the meeting of City Council on November 25, 26 and 27, 1998, declared his interest in the foregoing Clause, in that his wife is employed by the City of Toronto in his constituency office.)

(Councillor Gardner, at the meeting of City Council on November 25, 26 and 27, 1998, declared his interest in the foregoing Clause, in that a member of his family is employed by the City of Toronto in his constituency office.)

(Councillor Kelly, at the meeting of City Council on November 25, 26 and 27, 1998, declared his interest in the foregoing Clause, in that his wife is employed by the City of Toronto in his office.)

(Councillor Jones, at the meeting of City Council on November 25, 26 and 27, 1998, declared her interest in the foregoing Clause, in that her son is employed on a part-time basis by the City of Toronto in her office.)

(Councillor Mahood, at the meeting of City Council on November 25, 26 and 27, 1998, declared his interest in the foregoing Clause, in that his daughter is employed by the City of Toronto in his office.)

(Councillor Pantalone, at the meeting of City Council on November 25, 26 and 27, 1998, declared his interest in the foregoing Clause, in that his spouse is temporarily employed by the City of Toronto in his office.)

(Councillor Shiner, at the meeting of City Council on November 25, 26 and 27, 1998, declared his interest in the foregoing Clause, in that a member of his family is employed by the City of Toronto in his office.)

Legal Counsel - Coroner's Inquest

Into the Death of Edmond Yu

(City Council on November 25, 26 and 27, 1998, amended this Clause by adding thereto the following:

"It is further recommended that Council urge the Police Services Board to consider sending separate legal counsel to the Edmond Yu inquest after the Divisional Court decision.")

The Corporate Services Committee recommends that City Council instruct the City Solicitor not to represent the Police Services Board, the Police Chief and the Police Officers in the Edmond Yu inquest, and in any inquest in the future in which the conduct of individual police officer(s) may become an issue.

The Corporate Services Committee submits the following Motion (November 3, 1998) moved by Councillor Kyle Rae, Downtown, and seconded by Councillor Joe Mihevc, York - Eglinton:

"WHEREAS The City of Toronto Legal Department provides legal counsel representing Toronto Police Services Board, the Police Chief and four police officers at the Coroner's inquest into the death of Edmond Yu; and

WHEREAS the Coroner's inquest is a public inquiry "designed to serve the public interest by ascertaining the facts relating to deaths, by formally focussing public attention on and initiating response to preventable death(s) and by satisfying the community that the circumstances surrounding the death of one of it's members will not be overlooked, concealed or ignored."; and

WHEREAS Toronto Regional Coroner Dr. William Lucas has ruled that a conflict of interest, both actual and apparent, exists between the officers and the Police Services Board on four grounds: the breach of a lawful order to complete notes, appropriateness of use of force, breadth of the inquiry and motion to quash a summons, and that the interests of the officers and the Police Services Board cannot be represented by single counsel as one of the interests would be muted;

WHEREAS the result of the inquest may have profound impact on homeless people, psychiatric survivors and visible minorities in the City of Toronto.

THEREFORE BE IT RESOLVED THAT the committee instruct the Legal Department not to send the same lawyer to represent the Police Services Board, the Police Chief and the Police Officers in the Edmond Yu Inquest and in any inquest in the future in which the conduct of individual police officer(s) may become an issue.

________

The following persons appeared before the Corporate Services Committee in connection with the foregoing matter:

-Ms. Theresa Cheung, Chinese Canadian National Council, Toronto Chapter;

-Ms. Jennifer Chambers;

-Ms. Katherine Yu;

-Mr. Richard MacKlin, Lawyer acting on behalf Ms. Katherine Yu;

-Councillor Olivia Chow, Downtown; and

-Councillor Norman Gardner, North York Centre.

Signboards Presently Located on Former

Metropolitan Toronto Properties

(Wards: 1-East York; 13-Scarborough Bluffs;

15-Scarborough City Centre; and 25-Don River)

(City Council on November 25, 26 and 27, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends that:

(1)the existing signboard agreements for the locations identified in Appendix "A" embodied in the report (September 24, 1998) from the Commissioner of Corporate Services, continue until such time as the Commissioner of Corporate Services reports further to the Corporate Services Committee respecting this issue, and Council has adopted a City-wide policy in regard thereto; and

(2)the Commissioner of Corporate Services be requested to report to the Corporate Services Committee on a policy, process and criteria for tendering, such report to ensure that there will be more than one provider of these advertising services.

The Corporate Services Committee submits the following report (September 24, 1998) from the Commissioner of Corporate Services:

Purpose:

To report on the signboard locations, as set out on Appendix "A" and locations shown on the attached maps, presently located on former Metropolitan Toronto properties arising from a request made by the Corporate Services Committee resulting from consideration of Clause No. 26 of Report No. 11 of The Corporate Services Committee, as adopted by Toronto City Council on July29, 30 and31, 1998.

Funding Sources, Financial Implications and Impact Statement:

Current annual revenue for the eight signboard locations is approximately $33,500.00.

Recommendations:

It is recommended that:

(1)Committee and Council provide direction on whether the existing signboard agreements for locations No. 1, 2 and 5 should be terminated and the signboards removed, or if these three existing signboards should remain;

(2)the existing signboard agreements for locations No. 3, 4 and 7 be terminated upon giving 90days notice to the lessee and the signboards be removed;

(3)the existing signboard agreement at location No. 6 as identified in Appendix "A" be maintained and a rent review process be initiated with Mediacom in order to optimize the rent generated;

(4)a tender be issued for signboard location No. 8 and upon the award of the tender, the existing agreement is to be terminated and a new lease agreement is to be entered into with the successful tenderer; and

(5)the appropriate officials take whatever action is deemed necessary to give effect to this report.

Council Reference/Background/History:

At its meeting held on July 29, 30 and 31, 1998, Toronto City Council adopted Clause No.26 of Report No. 11 of The Corporate Services Committee respecting existing signboard locations on former City of Toronto owned properties. The report recommended that eight signboard agreements be terminated and the signboards be removed, and a tender be issued for three signboard locations. Council also requested that the Commissioner of Corporate Services provide a similar report to the meeting of the Corporate Services Committee scheduled to be held on September 14, 1998. An interim report was submitted advising that additional time was required to complete the consultation process with each affected Ward Councillor and a full report would be provided to the Corporate Services Committee meeting to be held on October 9, 1998.

At its meeting held on November 24 and 25, 1987, the former Metropolitan Toronto Council adopted Clause No.1 of Report No. 14 of The Parks, Recreation and Property Committee respecting signboard rentals. The report recommended that a new agreement be entered into with Mediacom Inc., commencing January1, 1988, for a term of one year and on an annual basis thereafter, with a 30-day termination clause and that the policy apply to all outdoor advertising companies as their leases expire.

Comments and/or Discussion and/or Justification:

The details of the existing signboard locations on former Metropolitan Toronto properties, are set out on the attached Appendix "A" and the financial return generated is:

(1)Seven Legal Non-Conforming signboards at Locations No. 1 to No. 7 currently generate revenue in the amount of approximately $29,000.00 per annum; and

(2)the Legal Conforming signboard at Location No. 8 generates approximately $4,500.00 in revenue per annum.

Each of the affected Ward Councillors were consulted concerning the future disposition of these signboards and their comments are also included in Appendix "A". Signboard Locations Nos. 1, 2 and5 are Legal Non-Conforming and are located in Ward 13 - Scarborough Bluffs. Councillor Brian Ashton believes that these three locations are revenue generators for the City and are non-intrusive on local residences so they should be allowed to remain. On the other hand, Councillor GerryAltobello wants all the Legal Non-Conforming signboards removed from his Ward.

Conclusion:

In view of the positions of the affected Ward Councillors, it is concluded that the most appropriate action is to:

(A)provide direction on Legal Non-Conforming signboard locations Nos. 1, 2 and 5;

(B)allow Legal Non-Conforming signboard location No. 6 to remain;

(C)terminate the agreements for Legal Non-Conforming signboard locations Nos. 3, 4 and 7; and

(D)issue a tender for Legal Conforming signboard location No. 8.

Contact Name:

Mr. Sal Dominicis, Telephone No. (416)397-0806; Fax No. (416)392-4828; E-Mail Address: sdominicis@metrodesk.metrotor.on.ca.

--------

Appendix A

Third-Party Signs on Public Lands

No.

Address/

Location

Ward

Councillor-Comments

Current Tenant

Type

Zoning

Sign By-law

Status

Victoria Park Ave. (E/S)-North of Gerrard St. E.

13-Scarborough Bluffs

Brian Ashton-wants sign to remain

Gerry Altobello-wants sign removed

Mediacom

2 Poster Panels (Ground Sign)

Industrial-

Sign

Prohibited

Legal Non-Conforming.

Scarborough Sign By-law No. 22980 prohibits non-accessory signs.

3617 St. Clair Ave. E.

(S/S)-Opposite Linden Ave.

13-Scarborough Bluffs

Brian Ashton-wants sign to remain

Gerry Altobello-wants sign removed

Mediacom

1 Poster Panel

(Ground Sign)

General

Industrial-

Signs

Allowed

Legal Non-Conforming.

Scarborough Sign By-law No. 22980 prohibits non-accessory signs.

564 Midland Ave. (W/S)-North of St.Clair Ave. E.

15-Scarborough City Centre

Both Councillors, Lorenzo Berardinetti and Brad Duguid, want sign removed

Mediacom

2 Poster Panels

(Ground Sign)

Industrial

Commercial-Sign Prohibited

Legal Non-Conforming.

Scarborough Sign By-law

No. 22980 prohibits non-accessory signs.

3617 Danforth Ave.(S/S)-West of Parkette Pl.

13- Scarborough Bluffs

Both Councillors, Brian Ashton and Gerry Altobello, want sign removed

Mediacom

2 Poster Panels

(Ground Sign)

Single Family Residential-Sign Prohibited

Legal Non-Conforming.

Scarborough Sign By-law

No.22980 prohibits non-accessory signs.

3120 Eglinton Ave. E. (N/S)-East of Bellamy Road

13-Scarborough Bluffs

Brian Ashton-wants sign to remain

Gerry Altobello-wants sign removed

Mediacom

2 Poster Panels

(Ground Sign)

Community

Commercial-

Sign

Prohibited

Legal Non-Conforming.

Scarborough Sign By-law No. 22980 prohibits non-accessory signs.

1101 Millwood Road - South of Laird Dr. and south of Redway Rd.

1-East York

Both Councillors, Case Ootes and Michael Prue, want sign to remain

Mediacom

1 Backlight

1 Series 14

Superflex

(Ground Sign)

Conservation Zone - Sign

Prohibited

Legal Non-Conforming.

East York Sign By-law

No. 64-87 prohibits.

113 Parliament St. - at Adelaide St. E.

25-Don River

Both Councillors, Jack Layton and PamMcConnell, want sign removed

Mediacom

1 Backlight

(Ground Sign)

RA - Prohibits Third Party

Signs

Legal Non-Conforming.

Municipal Code CHP 297

Prohibits

St. Lawrence Street (W/S)-South of King St. E.

25-Don River

Both Councillors, Jack Layton and PamMcConnell, want sign to remain

Omni

(formerly Gallop & Gallop)

2 Poster Panels

(Ground Sign)

Road

Allowance-

Not Regulated by Municipal Code CHP 297

Legal Conforming -

Metro Sign By-law would allow a sign or a replacement.

The Corporate Services Committee submits the following communication (October 23, 1998) from Councillor Lorenz Berardinetti, Scarborough City Centre:

You will recall that I wrote to you on October 9, 1998, requesting that Item No. 15 respecting Signboards presently located on former Metropolitan Toronto Properties be deferred until the next meeting of the Corporate Services Committee.

When staff originally approached me and asked if I had any objection to the removal of some of these signboards in my Ward, I did not. Since these signs are legal non-conforming, once removed, they cannot be replaced. However, upon reflection, rather than simply remove the signs, I would suggest instead that staff should meet with the lessee(s) to determine if any financial enhancements or visual improvements could be achieved. An industry representative who agreed that such enhancements were possible and could easily be negotiated, has already approached me.

I would respectfully suggest that the Committee amend the report to give staff direction to meet with the principles involved to explore how changes, financial or otherwise, can be accomplished for the benefit of all parties.

________

The following persons appeared before the Corporate Services Committee in connection with the foregoing matter:

-Mr. Ron Barr, Executive Director, Government and Community Relations, Pattison Outdoor, and filed a brief in regard thereto;

-Mr. Blair Murdoch, Vice President, Real Estate, Mediacom Inc., and filed photographs of signboard locations presently occupied by Mediacom;

-Councillor Brian Ashton, Scarborough Bluffs; and

-Councillor Jack Layton, Don River.

(A copy of the maps attached to the foregoing report was forwarded to all Members of Council with the November9, 1998, agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)

Property Tax Bill Designs

(City Council on November 25, 26 and 27, 1998, amended this Clause by:

(1)striking out that portion of the Clause pertaining to the design of the Final Tax Bill, and referring it back to the Assessment and Tax Policy Task Force for further consideration; and

(2)adding thereto the following:

"It is further recommended that:

(a)the report dated November 25, 1998, from the Chief Financial Officer and Treasurer, embodying the following recommendations, be adopted:

'The Work Group recommends that the Interim and Supplementary Tax Bill Designs be adopted with the following amendments, and that staff be directed to continue work and focus group testing on the design of the Final Tax Bill:

(1)the Ward Number be included on the bills, provided that staff is able to ensure reasonable accuracy;

(2)"arrows" be added to each end of the directional lines;

(3)"+" signs be added where appropriate to show where figures are being added together;

(4)the following statement be added to the Interim Tax Bill, just below the assessment and tax rate information:

"This rate is ____% of the rate used for total 1998 taxes.";

(5)the following statement be added to the first box on the side flap of the Interim Tax Bill:

"Assessment x Interim Rate = Interim Tax.";

(6)the following statement be added to the first box on the side flap of the Supplementary Tax Bill:

"Assessment x City Tax Rate = City Taxes.";

(7)the following statement be added to the second box on the side flap of the Supplementary Tax Bill:

"Assessment x Education Tax Rate = Education Taxes.";

(8)the description for line "B" on the Interim Tax Bill be deleted and line "B" be customized to read "50% of Increases to be Phased-In in future years" or "50% of Decreases to be Phased-In in future years"; and

(9)the description for line "D" on the Supplementary Tax Bill be deleted and line "D" be customized to read "Increases to be Phased-In in future years" or "Decreases to be PhasedIn in future years".'; and

(b)in addition to the current languages used on public brochures produced by the Finance Department, Ukrainian translations be added for any brochure which contains languages in addition to English and French.")

The Corporate Services Committee recommends the adoption of the reports (November 3, 1998) and (November 6, 1998) from the Chief Financial Officer and Treasurer, subject to the Chief Financial Officer and Treasurer deleting the following Sections, and any references pertaining thereto, from the 1998 Residential Supplementary Property Tax Bill, the 1999 Residential Interim Tax Bill, and the 1999 Residential Final Property Tax Bill:

"C - Provincial Education Tax Rebate; and

"F - Capping adjustment".

The Corporate Services Committee submits the following report (November 3, 1998) from the Chief Financial Officer and Treasurer:

Purpose:

The purpose of this report is to present designs for the 1998 Supplementary and the 1999 Interim tax bill, and to provide an update with respect to design of the 1999 Final tax bill.

Source of Funds/Financial Implications:

Funding for the design and printing of the tax bills is contained within the Finance Operating Budget.

Recommendations:

It is recommended that:

(1)the design of the tax bill for 1998 Supplementary Taxes be approved;

(2)the design of the tax bill for 1999 Interim Taxes be approved; and

(3)the preliminary design of the tax bill for 1999 Final Taxes be received.

Discussion:

The 1998 tax bill issued in August was deficient in several key aspects including:

(1)no clear display of 1998 taxes;

(2)no breakout of the "non-phaseable" Provincial tax shift component of the total tax rate;

(3)no breakout of the phase-in amount for years after 1998;

(4)no clear comparison of 1997 taxes to 1998 taxes; and

(5)no clear calculation of the total assessment change.

The goal for future tax bills is a clear, easy-to-understand format, which provides taxpayers with the information they need to calculate and understand their property taxes. An external firm has been recruited through a Request for Proposal process, to work with staff on designing tax bill formats for 1998 supplementary taxes, 1999 Interim taxes, and 1999 Final taxes. The estimated cost for the designs is $3,800.00 plus taxes. Funding for the design and printing of tax bills is part of the Department's operating budget.

The City calculates and mails an interim tax bill and a final tax bill for each assessed property each year. In addition, supplementary tax bills are produced for properties which have had in-year assessment additions (i.e.,1998) and omitted tax bills are produced for properties which have had assessment additions in either or both of the preceding two years (i.e., 1997 and 1996). The Ministry of Finance will be providing the City with the first supplementary/omitted assessment roll of 1998 later this month.

Enclosed are black and white copies of the design for the 1998 Supplementary and 1999 Interim Tax Bills. Two samples for each are enclosed - one sample is for a straight residential property; the second is for a residential/commercial storefront.

Sample A1998 Supplementary Tax Bill - Residential Property

SampleB1998 Supplementary Tax Bill - Residential/Commercial Property

SampleC1999 Interim Tax Bill - Residential Property

SampleD1999 Interim Tax Bill - Residential/Commercial Property

Coloured mock-up of these designs, properly folded and edited, will be distributed at the November9, 1998, meeting of the Corporate Services Committee. The designs have been through an initial focus group test, and will be focus tested again the week of November 2, 1998 with a cross section of taxpayers. Staff will document comments from this session for distribution at the Corporate Services Committee on November 9, 1998.

Also enclosed is the preliminary design for the 1999 Final Tax Bill. Again, two samples are enclosed:

SampleE1999 Final Tax Bill - Residential Property

SampleF1999 Final Tax Bill - Residential/Commercial Property

A coloured mock-up of this preliminary design, properly folded, will be distributed at the November9, meeting. The message on the Final tax bill is just a literary filler and cannot be finalized until later in 1999. Additional focus group testing will be conducted throughout the month of November. A further report finalizing the recommended design of the 1999 Final Tax bill will be submitted to Corporate Services Committee at a future meeting.

The billing for omitted taxes is based on pre-CVA assessments and legislation. An existing Omit Tax Bill design will be used for the billing of 1996 and 1997 omits.

Conclusion:

The designs for the 1998 supplementary and 1999 interim tax bills have been through an initial focus group test, and will be focus tested again the week of November 2, 1998 with a cross section of taxpayers. Staff will document comments from this session for distribution at the Corporate Services Committee on November 9, 1998. Coloured mock-ups of the designs, properly folded and edited, will be distributed at the November 9, meeting. There is urgency in finalizing the designs for the supplementary billing and the interim billing because these bills are scheduled to be mailed in early December 1998 and early January 1999 respectively. It is therefore recommended that the design of the tax bill for 1998 Supplementary Taxes and 1999 Interim Taxes be approved.

Staff will continue to work on finalizing the design and content options for the 1999 final tax bill. The preliminary design has undergone an initial focus group test, and will continue to be tested on a cross section of taxpayers, Councillors and Councillors' staff throughout the month of November. A further report finalizing the recommended design of the 1999 Final Tax bill will be submitted to Corporate Services Committee at its next meeting. A coloured mock-up of the preliminary design of the 1999 final property tax bill will be distributed to members at the November 9, meeting.

Contact Name and Telephone Number:

Bob Ripley

Manager of Revenue Accounting, Billings, and Meter Services,

(416) 395-6730

Giuliana Carbone,

Director of Revenue Services

(416) 392-8065

The Corporate Services Committee submits the following report (November6, 1998) from the Chief Financial Officer and Treasurer:

Purpose:

As promised in our report dated November 3, 1998, the purpose of this report is to present coloured designs for the 1998 Supplementary, the 1999 Interim tax bill, and a draft design for the 1999 Final tax bill.

Source of Funds/Financial Implications:

Funding for the design and printing of the tax bills is contained within the Finance operating budget.

Recommendations:

It is recommended that:

(1)the design of the tax bill for 1998 Supplementary Taxes be approved;

(2)the design of the tax bill for 1999 Interim Taxes be approved; and

(3)the preliminary design of the tax bill for 1999 Final Taxes be received.

Discussion:

Enclosed are the coloured mock-ups of the design for the 1998 Supplementary and 1999 Interim Tax Bills. Two samples for each are enclosed - one sample is for a straight residential property; the second is for a residential/commercial storefront. The Supplementary bill is light orange in colour. The Interim bill is green.

The designs underwent a second focus group test on Wednesday, November 3. Comments from the focus group have been incorporated in the enclosed mock-ups. The format and overall design of the bills was well received by the focus group. The group basically recommended wording changes to the various sections of the bills. They also recommended replacing the logo on the inside flap with the heading "Here are the Calculations for Your Property".

Also enclosed is a coloured mock-up of the preliminary design for the 1999 Final Tax Bill. Again, two samples are enclosed - one sample is for a straight residential property; the second is for a residential/commercial storefront. The Final tax bill is blue in colour. The preliminary design has undergone initial focus group testing, and will continue to be tested on a cross section of taxpayers, Councillors and Councillors' staff. A further report finalizing the recommended design of the 1999Final Tax bill will be submitted to Corporate Services Committee at a future meeting.

Please be aware that the tax rates showed on the sample bills for Interim and Final are fictitious.

Conclusion:

The designs for the 1998 supplementary and 1999 interim tax bills have been through two focus group tests with a cross section of taxpayers. There is urgency in finalizing the designs for the supplementary billing and the interim billing because these bills are scheduled to be mailed in early December 1998 and early January 1999 respectively. It is therefore recommended that the design of the tax bill for 1998 Supplementary Taxes and 1999 Interim Taxes be approved.

Staff will continue to work on finalizing the design and content options for the 1999 final tax bill. The preliminary design has undergone initial focus group testing, and will continue to be tested on a cross section of taxpayers, Councillors and Councillors' staff throughout the month of November. A further report finalizing the recommended design of the 1999 Final Tax bill will be submitted to Corporate Services Committee at a future meeting.

Contact Name and Telephone Number:

Bob Ripley

Manager of Revenue Accounting, Billings, and Meter Services

(416) 395-6730

Giuliana Carbone

Director of Revenue Services

(416) 392-8065

(A copy of the designs for the 1998 Supplementary and the 1999 Interim tax bill and the coloured mock-ups thereof was forwarded to all Members of Council with the November 9, 1998, agenda of the Corporate Services Committee and a copy thereof is on file in the office of the City Clerk.)

(City Council on November 25, 26 and 27, 1998, had before it, during consideration of the foregoing Clause, the following communication (November 23, 1998) from the City Clerk:

Recommendation:

The Assessment and Tax Policy Task Force on November 20, 1998, recommended to City Council that the Ward Numbers be deleted from the Interim, Supplementary, and Final Property Tax Bills, and that the recommendations contained in the report (November 6, 1998) from the Chief Financial Officer and Treasurer be adopted.

Background:

The Assessment and Tax Policy Task Force on November 20, 1998, had before it a report (November 6, 1998) from the Chief Financial Officer and Treasurer, addressed to the Corporate Services Committee.

The Task Force also had before it a draft copy of Clause No. 5 of Report No. 17 of The Corporate Services Committee and a copy of the revised draft tax bills.)

(City Council also had before it, during consideration of the foregoing Clause, the following report (November 25, 1998) from the Chief Financial Officer and Treasurer:

At yesterday's meeting Council referred Corporate Services Report No. 17, Clause No. 5, heaeded "Property Tax Bill Designs" to a small work group of interested Councillors for review. Councillor Bossons, Councillor Brown, Councillor Davis, Councillor Kinahan and Councillor Pitfield met with Finance staff to review the proposed designs. Following is a summary of the amendments proposed by the work group. These amendments are reflected in the enclosed black and white mock-ups.

The Work Group recommends that the Interim and Supplementary Tax Bill Designs be adopted with the following amendments, and that staff be directed to continue work and focus group testing on the Final Tax Bill design:

(1)that the Ward No. be included on the bills provided that staff is able to ensure reasonable accuracy;

(2)that "arrows" be added to each end of the directional lines;

(3)that "+" signs be added where appropriate to show where figures are being added together;

(4)that the following statement be added to the Interim Tax Bill, just below the assessment and tax rate information: "This rate is ____% of the rate used for total 1998 taxes.";

(5)that the following statement be added to the first box on the side flap of the Interim Tax Bill: "Assessment x Interim Rate = Interim Tax";

(6)that the following statement be added to the first box on the side flap of the Supplementary Tax Bill: "Assessment x City Tax Rate = City Taxes";

(7)that the following statement be added to the second box on the side flap of the Supplementary Tax Bill: "Assessment x Education Tax Rate = Education Taxes";

(8)that the description for line "B" on the Interim Tax Bill be deleted and line "B" be customized to read "50% of Increases to be Phased-In in future years" or "50% of Decreases to be Phased-In in future years"; and

(9)that the description for line "D" on the Supplementary Tax Bill be deleted and line "D" be customized to read "Increases to be Phased-In in future years" or "Decreases to be Phased-In in future years".

Staff will continue to work on finalizing and testing the design and content options for the 1999 Final Tax Bill and will report back to Corporate Services Committee and Council on this matter in the Spring of 1999.)

(A copy of the "Proposed Design of 1998 Supplementary Property Tax Bill", referred to in the foregoing report, is on file in the office of the City Clerk.)

Provision of Food Services at City Hall

(City Council on November 25, 26 and 27, 1998, amended this Clause by adding thereto the following:

"It is further recommended that the Commissioner of Corporate Services, in consultation with appropriate staff, be requested to submit a report to the Corporate Services Committee at the end of the first 12 consecutive months of operation, on the gross sales and on the City's percentage thereof."

City Council at its in-camera meeting held on November 27, 1998, also issued confidential instructions to staff, such instructions to remain confidential in accordance with the provisions of the Municipal Act.)

The Corporate Services Committee recommends that City Council reaffirm its previous decision from its meeting held on July 8, 9 and 10, 1998, as embodied in Clause No. 30 of Report No. 9 of the Corporate Services Committee.

(Clause No. 30 of Report No. 9 of the Corporate Services Committee,

entitled "Provision of Food Services at City Hall.)

(City Council on July 8, 9 and 10, 1998, amended this Clause, by striking out the recommendations of the Corporate Services Committee and inserting in lieu thereof the following:

"It is recommended that:

(1)the Commissioner of Corporate Services be instructed to finalize the lease previously negotiated and signed by Mr. Palermo on behalf of 1158093 Ontario Limited; and

(2)the lease include a provision that the operator be granted the right to exclusivity in terms of catering services for City Hall functions, except in those cases where religious dietary restrictions, such as Kosher or Hallal, are involved for special events.")

The Corporate Services Committee recommends the adoption of the following report (June16, 1998) from the Commissioner of Corporate Services:

Purpose:

To secure authority to issue a proposal call, substantially as outlined in this report, to select an operator to design, construct and operate a café on the main floor of Toronto City Hall, and to provide catering services within Toronto City Hall.

Financial Implications:

It is anticipated that the proposals will result in no net capital or operating costs to the City.

Recommendations:

It is recommended that:

(1)the Commissioner of Corporate Services be authorized, in consultation with the City Solicitor, to issue a Proposal Call, substantially as outlined in this report, to select an operator to design, construct and operate a café on the main floor and associated basement space of Toronto City Hall, and to provide catering services within Toronto City Hall;

(2)the Commissioner of Corporate Services be authorized, to establish a Selection Committee chaired by the Acting Executive Director of Facilities and Real Estate and including representatives of Facilities and Real Estate, Public Health, Finance, Protocol and Legal to review submissions received and to develop recommendations on the selection of an operator; and

(3)the Commissioner of Corporate Services report back to the Corporate Services Committee on the results of the proposal call process.

Background:

The basement cafeteria at Toronto City Hall currently operates under a Management Contract with Versa Services Ltd., on a month-to-month basis. This operation is subsidized by the City. Although larger when originally opened, the current cafeteria compromises the area shown on Appendix 1.

In 1995, a food services consultant, R.I. Wade & Associates Ltd., was retained by the City Property Department to examine the scale and viability of a main floor café as an alternative to the basement cafeteria. The food services consultant determined that a main floor café would be viable. The principal recommendation contained within the consultant's report was the closure of the existing basement cafeteria service areas and replacement with a main floor café which would utilize the existing food preparation facilities and kitchen equipment located in the basement.

The proposed main floor space allocated for café purposes was comprised of approximately 3,550square feet plus a common area of approximately 628 square feet as shown on Appendix 2. In addition to this main floor space the consultant proposed the utilization of the existing food preparation area located in the existing cafeteria and a ware washing facility of approximately 718square feet located below the main floor space and shown on Appendix 3.

The former Toronto City Council at its meeting held on December 18 and 19, 1995, adopted Executive Committee Report No. 3, Clause No.12, with amendments to authorize the Acting Commissioner of City Property to develop a proposal call for food services in City Hall, including provision of a new café on the main floor, closing of the cafeteria in the basement and to eliminate any requirement for ongoing subsidy. In addition all proponents were requested to indicate their intention with respect to offering employment to the existing cafeteria staff.

A public proposal call was prepared and required that the services include the design, construction and operation of a main floor café as well as provide catering services for City Hall functions. The provisions of these services were to be at no cost to the City of Toronto, in terms of capital and operating costs, with the exception of the demising walls and mechanical systems to the limit of the leased space.

As a result of the proposal call process, three submissions were received and the Selection Committee unanimously recommended 1158093 Ontario Limited as the preferred proponent subject to certain issues being resolved. Negotiations were conducted with Mr. Tony Palermo, the principal of 1158093 Ontario Limited and ultimately a lease acceptable to the Commissioner of Corporate Services, was negotiated and recommended to the former Toronto City Council. Due to operating cost factors, the proponent decided the café would be comprised of the main floor space, the 718sq.ft. space and a 162 sq.ft. staff change room as shown on Appendix 3 but not the existing kitchen. As the terms required by 1158093 Ontario Limited differed from their original submission, including the requirement that the City provide substantial funds towards the capital costs, Council at its meeting of December 6, 1996, Executive Committee Report No. 3, Clause No. 3 decided not to proceed with the lease with 1158093 Ontario Limited and directed that the proposal call be reissued.

Due to the pending decision with respect to the long-term use of Toronto City Hall, the former Toronto Board of Management instructed staff to postpone a proposal call. As a result of the decision to locate the seat of government at the Toronto City Hall, it is now appropriate to issue a new proposal call for an operator to design, construct and operate a café on the main floor and associated basement space of Toronto City Hall.

Comments:

Main Elements of Proposal Call:

(1)the main food service facility would be located on the main floor of City Hall in the space identified on Appendix 2. In addition, the areas identified as staff change room and storage room set out on Appendix 3 will be made available. Also, the existing food preparation area located in the basement will be made available;

(2)the proponents will be requested to provide comments on a coffee/muffin type service to be located on the second floor during limited time periods during the day. The location of such a portable service is still to be determined;

(3)a patio area comprising 580 sq. ft. directly outside the cafe space, and as indicated on Appendix 2, will also be made available for the proponent's use;

(4)the lease will be for a term of ten years in order to permit the proponent sufficient time to recover capital costs. The lease will also include an option for a further five years, pending satisfactory performance by the operator as determined by the Commissioner of Corporate Services;

(5)the successful proponent will be responsible for all metered utility costs, taxes, repairs and maintenance to the leased area and the equipment;

(6)the proponent will be required to provide these services at no cost to the City of Toronto, in terms of both capital and operating costs. The exception will be the provision of utility services, which will be brought to the limit of the leased space in the form of a single connection. The proponent will be responsible for the cost of distributing the services. While certain work may be required to be completed by the City the proponent will be responsible for the cost;

(7)the successful proponent would be granted the right to exclusivity in terms of catering services for City Hall functions, subject to review after one year of operation by the Commissioner of Corporate Services;

(8)the proponents will be required to submit designs for the space they propose to comprise the food service facility in order to ensure the proposal will be clear and is functionally and operationally acceptable;

(9)the proponent will be required to offer employment to the existing cafeteria employees which was a requirement of the former Toronto Council; and

(10)the proposal call will indicate to proponents that if they are not interested on the foregoing basis, then alternative proposals may be considered, including the provision by the City of capital funds to assist with the initial capital cost of constructing the facility.

Proposed Timelines:

Subject to City Council authorization, the proposal call would be advertised in Toronto daily newspapers. A deadline for responses would be approximately August 15, 1998. The Selection Committee would evaluate responses shortly thereafter and report to the Commissioner of Corporate Services with its recommendations. The Commissioner of Corporate Services would table a report with recommendations on selection of a potential operator to the Corporate Services Committee on September 14, 1998, and Toronto City Council on October 1, 1998.

Selection Criteria:

A Selection Committee would be formed, chaired by the Acting Executive Director of Facilities and Real Estate Division with representative from Facilities and Real Estate, Public Health, Finance, Protocol and Legal.

The proposals would be evaluated based on the criteria contained in the proposal call document, including the following items:

(a)Proposed Financial Arrangements:

(i)the ability of the operator to demonstrate adequate funding;

(ii)reasonableness of financial assumptions and analysis including projected revenues from the café and catering service; and

(iii)financial return to the City.

(b)Protection of City's interests:

(i)enhancements of City's assets by the proposed improvements; and

(ii)guarantees to limit City liability in defaults in operation or against general liability.

(c)Proponent's Previous Experience:

(i)the ability to operate a food service operation of the nature envisioned as a viable business including the proponent's ability to obtain all necessary licensing; and

(ii)previous experience of the proponent as it relates to the submission.

(d)Compliance of Terms and Conditions:

(i)ability to meet the City's schedule for assuming operation; and

(ii)ability to comply with the proposed terms and conditions under a lease agreement with the City.

Proposal Requirements:

Each proponent would be required to submit a business plan for the operation of a new café and provision of catering services to City Hall including the following information:

(i)goals for food service operation including marketing analysis and planning;

(ii)proposed operation including organizational structure, staffing and proposed salary range of staffing positions involved;

(iii)description of all proposed capital improvements including the design of the café and upgrades to be carried out, together with an estimate of the cost of the improvements;

(iv)financial analysis and projections over the term of the proposed lease agreement including funding sources, projected sources and extent of revenues and expenses;

(v)proposed financial return to the City;

(vi)proposed method of providing security for financial obligations;

(vii)attributes of proponent corporation, including experience and financial statements;

(viii)proposed menu and pricing including the manner in which the requirement for a multi-ethnic menu mix shall be met.

(ix)confirmation that:

(A)Toronto City Hall is a designated historical building and all work carried out on the subject premises must be approved by the Commissioner of Corporate Services in consultation with the Toronto Historical Board; and

(B)the proponent accepts the terms and conditions included in the Proposal Call Package.

Other Food Service Contracts:

The City has a month-to-month lease for the operation of the snack bar on the square. This concession should be dealt with separately in context with the overall review of the proposed civic complex. The City also has a contract with a vending company for the provision of four vending machines located in the basement of Toronto City Hall. This contract also deals with vending machines at other locations and accordingly, should also be dealt with separately. It is noted that as a result of the more intensive use, there may be a need to place vending machines on the second floor to accommodate late night demand for refreshments.

Conclusion:

It is anticipated that the issuance of a public proposal call would provide the City of Toronto with an improved food service facility to meet the needs of Toronto City Hall as the new seat of government. In addition, the City would realize the elimination of an annual subsidy to the current operator under the existing Management Agreement and capital improvements to City Hall.

Contact Name:

Ms. Rhonda Anderson,

telephone: 392-1854, fax: 392-1880, Email: randerso@city.toronto.on.ca.

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The Corporate Services Committee reports, for the information of Council, also having had before it:

(1)a confidential report (May 13, 1998) from the Commissioner of Corporate Services respecting the Main Floor Cafe at City Hall; and

(2)a communication (June 19, 1998) from Mr. David P. Smith P.C., Q.C., on behalf of Mr.TonyPalermo, advising that Mr. Palermo is prepared to proceed to operate the facility in accordance with the terms in his previous bid; and recommending that the Corporate Services Committee instruct staff to negotiate with Mr. Palermo an acceptable package and report back to the Committee.

Mr. Ted Graham, and Mr. Tim Peters, Versa Services Limited, appeared before the Corporate Services Committee in connection with the foregoing matter, and filed information respecting the services provided by Versa Services Limited.

Councillor Chris Korwin-Kuczynski, High Park, appeared before the Corporate Services Committee in connection with the foregoing matter.

The Corporate Services Committee reports, for the information of Council, having also had before it, during consideration of the foregoing matter, the following:

(i)a confidential report (November 4, 1998) from the Commissioner of Corporate Services respecting the Provision of Food Services at City Hall; and

(ii)a communication (November 4, 1998) from the City Clerk, advising that City Council, at its meeting held on October 28, 29 and 30, 1998, had before it a Motion moved by Councillor Mario Silva and seconded by Councillor Pantalone, respecting the provision of food services at City Hall, and that City Council re-opened for further consideration Clause No.30 of Report No.9 of The Corporate Services Committee, headed "Provision of Food Services at City Hall", and subsequently referred such Clause to the Corporate Services Committee for further consideration at its meeting to be held on November9, 1998.

________

The following persons appeared before the Corporate Services Committee in connection with the foregoing matter:

-Mr. Michael Sherwood; and

-Mr. Martin Silva.

(City Council on November 25, 26 and 27, 1998, had before it, during consideration of the foregoing Clause, a confidential report (November 4, 1998) from the Commissioner of Corporate Services on the status of the legal arrangement in this regard, such report to remain confidential in accordance with the Municipal Act.)

Sale of Land - Land not Required for Waterfront Drive -

Humber Bay Shores - Rear of 2063 Lake Shore Boulevard

West (Ward 2 - Lakeshore Queensway)

(City Council on November 25, 26 and 27, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (October16, 1998) from the Commissioner of Corporate Services:

Purpose:

To authorize the sale of the property described in this report.

Funding Sources, Financial Implications and Impact Statement:

The property will be assembled with the adjoining private property for the nominal consideration of $2.00 to promote development and expand the City's tax base, and facilitate the implementation of various public objectives related to the Motel Strip (Humber Bay Shores) Secondary Plan.

Recommendations:

It is recommended that:

(1)the surplus property described as Part of the Water Lot Patented to John Duck, formerly in the City of Etobicoke, now City of Toronto, located at the rear (east) of 2063 Lake Shore Boulevard West, being vacant land comprising an area of approximately 88 m² (945 sq. ft.) be sold to the abutting owner, Prombank Investment Limited, at 2063 Lake Shore Boulevard West for a nominal consideration of $2.00; and

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

Council Reference/Background/History:

City Council, at its meeting held on October 1 and 2, 1998, adopted, without amendment, Clause No.25 contained in Report No. 13 of the Corporate Services Committee, thereby declaring the subject land surplus and directing staff to offer the property for sale to the abutting owner.

Comments and/or Discussion and/or Justification:

Extensive negotiations between adjacent owners and the Motel Strip Public Partnership (Toronto and Region Conservation Authority, the City of Etobicoke, and Metro Toronto) regarding property boundary rationalization was undertaken.

The parties to the aforementioned public partnership were authorized by their respective approval bodies to rationalize property holdings in the area to accomplish various objectives including the creation of a regional park and a waterfront road. Most of the real estate exchanges were completed in the last two years.

Once the detailed design of the road was completed, and its construction advanced, it became obvious that certain additional remnants west of the road (Parcels A and B on the attached sketch) which were originally acquired through a negotiated acquisition, were surplus to public needs and should be transferred to the abutting owners. Had the final road alignment been identified earlier, these parcels would have been incorporated into the original land exchange. Accordingly, pursuant to City Council direction, the abutting owner, Prombank Investment Limited, was approached and wishes to acquire this property for the nominal consideration of $2.00. This conveyance does not provide any density to the site and implements the finalization of the co-operative property boundary rationalization.

Conclusions:

The property is not required for municipal purposes and was declared surplus. Staff were directed to offer the property for sale to the abutting owner, and agreement was reached for a nominal $2.00 in furtherance of various public objectives related to the implementation of the Humber Bay Shores Regional Park in the context of co-operative property boundary rationalizations between the public and private owners.

Contact Name:

Mr. Francois (Frank) G. Bedard,

Telephone: (416) 394-8096; Fax No.: (416) 394-8895; E-mail: fbedard@pathcom.com.

(A copy of the sketch, referred to in the foregoing report, was forwarded to all Members of Council with the November9, 1998, agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)

Sale of Land - Land not Required for Waterfront Drive -

Humber Bay Shores - Rear of 2095 Lake Shore Boulevard

West (Ward 2 - Lakeshore Queensway)

(City Council on November 25, 26 and 27, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (October16, 1998) from the Commissioner of Corporate Services:

Purpose:

To authorize the sale of the property described in this report.

Funding Sources, Financial Implications and Impact Statement:

Recommendations:

It is recommended that:

(1)the surplus property described as Part of Lot 26, Registered Plan 1176, formerly in the City of Etobicoke, now City of Toronto, located at the rear (east) of 2095 Lake Shore Boulevard West, being vacant land comprising an area of approximately 153 m² (1,647 sq. ft.) be sold to the abutting owner, Seahorse Motor Hotel Limited, at 2095 Lake Shore Boulevard West for a nominal consideration of $2.00; and

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

Council Reference/Background/History:

City Council, at its meeting held on October 1 and 2, 1998, adopted, without amendment, Clause No.24 contained in Report No. 13 of the Corporate Services Committee, thereby declaring the subject land surplus and directing staff to offer the property for sale to the abutting owner.

Comments and/or Discussion and/or Justification:

Extensive negotiations between the adjacent owners and the Motel Strip Public Partnership (Toronto and Region Conservation Authority, the City of Etobicoke, and Metro Toronto) regarding property boundary rationalization was undertaken.

Once the detailed design of the road was completed, and its construction advanced, it became obvious that an additional remnant west of the road (Parcel shown on the attached sketch) which was originally acquired through a negotiated acquisition, was surplus to public needs and should be transferred to the abutting owners. Had the final road alignment been identified earlier, this parcel would have been incorporated into the original land exchange. Accordingly, pursuant to City Council direction, the abutting owner, Seahorse Motor Hotel Limited, was approached and wishes to acquire this property for the nominal consideration of $2.00. This conveyance does not provide any density to the site and implements the finalization of the co-operative property boundary rationalization.

Conclusions:

Contact Name:

Mr. Francois (Frank) G. Bedard, Telephone: (416) 394-8096; Fax No.: (416) 394-8895; E-mail: fbedard@pathcom.com.

Sale of Surplus Spadina Project Property

at 547 Arlington Avenue

(Ward 28 - York Eglinton)

(City Council on November 25, 26 and 27, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (October21, 1998) from the Commissioner of Corporate Services:

Purpose:

To authorize the disposal of the property municipally known as 547 Arlington Avenue.

Funding Sources, Financial Implications and Impact Statement:

Revenue of $158,000.00, less closing costs and the usual adjustments, subject to the revenue sharing agreement with the Province pursuant to Clause No. 1 of Report No. 25 of the former Metropolitan Corporate Administration Committee, approved on December 4, 1996.

Recommendations:

It is recommended, subject to Provincial concurrence that:

(1)the Commissioner of Corporate Services be authorized to accept this offer in the amount of $158,000.00 as detailed herein;

(2)Council, pursuant to Clause No. 14 of Report No. 27 of the former Metropolitan Management Committee adopted on September 28, 1994, waive the minimum required deposit of 10 per cent. of the purchase price;

(3)authority be granted to direct a portion of the sale proceeds on closing to fund the outstanding balance of Costing Unit No. CP300J56105;

(4)the City Solicitor be authorized and directed to take the appropriate action, in conjunction with Province of Ontario Officials and/or agents, to complete the transaction on behalf of the Corporation and he be further authorized to amend the closing date to such earlier or later date as he considers reasonable; and

(5)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Council Reference/Background/History:

The Province of Ontario is the owner of 547 Arlington Avenue, subject to a 99 year lease in favour of the City of Toronto. By its adoption of Clause No. 1 of Report No. 3 of The Corporate Administration Committee on February 12 and 13, 1997, Metropolitan Council declared the property surplus pursuant to By-law No. 56-95 and authorized its disposal. The procedures with respect to By-law No. 56-95 have been complied with, a utility canvass has been completed and the only requirement is set out below.

Comments and/or Discussion and/or Justification:

Pursuant to the February 12 and 13, 1997 authority, negotiations were conducted with the tenant, Inge Martin, and the following offer was received:

Property Address:547 Arlington Avenue.

Legal Description:Part of Lot 64, Plan 1527, designated as Parts 17 and 12 on Plan64R-15549.

Approximate Lot Size:7.63 metres (25.03 feet) fronting onto Arlington Avenue,

40.61 metres (133.23 feet) depth.

Easement:Subject to an easement in favour of the City of Toronto for subway/sewer and other related municipal purposes identified within Part 12 on Plan 64R-15549.

Location:East side of Arlington Avenue, west of Strathearn Road, south of Eglinton Avenue West.

Improvements:1.5 storey brick detached, 2 bedroom house.

Occupancy Status:Tenanted.

Recommended Sale Price:$158,000.00.

Deposit:$7,900.00.

Purchaser:Inge Martin.

Closing Date:January 13, 1999.

Terms:Cash on closing, subject to the usual adjustments.

It is noted this is a sale to the existing tenant and is based on a current market value appraisal. By the adoption of Clause No. 5 of Report No. 9 of The Corporate Services Committee, Council at the meeting held on July 29, 30 and 31, 1998, directed that comparable sales data be provided in future reports of property sales. Appendix "A" identifies three comparable properties located in the vicinity that have recently sold.

Conclusion:

Completion of this transaction detailed above is considered fair and reasonable and reflective of current market value.

Contact Name:

Mr. R. Mayr, AACI, Phone No. (416) 396-4930, Fax No.: (416) 396-4241, E-Mail Address: mayr@city.scarborough.on.ca

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Appendix "A"

547Arlington Avenue - Comparable Sales

The following three addresses represent recent comparable sales of properties that are quite similar to the residence which forms the subject matter of this report. These three properties consist of five room brick bungalows or 1.5 storey homes with two bedrooms.

Approximate

AddressLot SizeSale PriceDate of Sale

565 Arlington Ave.28 x 94$161,000.00July 29, 1998

509 Winona Drive25 x 146$150,000.00February 2, 1998

71 Belvidere Avenue30 x 72$156,500.00June 19, 1998

(A copy of the map, attached to the foregoing report, was forwarded to all Members of Council with the November 9, 1998, agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)

Sale of Surplus Spadina Project Property

at 124 Everden Road

(Ward 28 - York Eglinton)

(City Council on November 25, 26 and 27, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (October21, 1998) from the Commissioner of Corporate Services:

Purpose:

To authorize the disposal of the property municipally known as 124 Everden Road.

Funding Sources, Financial Implications and Impact Statement:

Revenue of $224,000.00, less closing costs and the usual adjustments, subject to the revenue sharing agreement with the Province pursuant to Clause No. 1 of Report No. 25 of the former Metropolitan Corporate Administration Committee, approved on December 4, 1996.

Recommendations:

It is recommended, subject to Provincial concurrence that:

(1)the Commissioner of Corporate Services be authorized to accept this offer in the amount of $224,000.00 as detailed herein;

(3)authority be granted to direct a portion of the sale proceeds on closing to fund the outstanding balance of Costing Unit No. CP300J56149;

(5)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Council Reference/Background/History:

The Province of Ontario is the owner of 124 Everden Road, subject to a 99 year lease in favour of the City of Toronto. By its adoption of Clause No. 1 of Report No. 3 of The Corporate Administration Committee on February 12 and 13, 1997, Metropolitan Council declared the property surplus pursuant to By-law No. 56-95 and authorized its disposal. The procedures with respect to By-law No. 56-95 have been complied with, a utility canvass has been completed and the only requirement is set out below.

Comments and/or Discussion and/or Justification:

Pursuant to the February 12 and 13, 1997 authority, negotiations were conducted with the tenant, StephenTaub, and the following offer was received:

Property Address:124 Everden Road.

Legal Description:Lot 92, Plan 2339, designated as Part 13 Plan 7777, subject to a mutual right-of-way.

Approximate Lot Size:7.62 metres (25.00 feet) fronting onto Arlington Avenue,

40.50 metres (132.88 feet) depth.

Easement:Subject to an easement in favour of the City of Toronto for subway/sewer and other related municipal purposes identified within Part 2 on Plan 64R-7314.

Location:West side of Everden Road, south of Eglinton Avenue West.

Improvements:Detached, 2 bedroom brick bungalow.

Occupancy Status:Tenanted.

Recommended Sale Price:$224,000.00.

Deposit:$6,000.00.

Purchaser:Stephen Taub.

Closing Date:January 21, 1999 .

Terms:Cash on closing, subject to the usual adjustments.

Conclusion:

Completion of this transaction detailed above is considered fair and reasonable and reflective of current market value.

Contact Name:

Mr. R. Mayr, AACI, Phone No.: (416) 396-4930, Fax No.: (416) 396-4241, E-Mail Address: mayr@city.scarborough.on.ca

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Appendix "A"

124 Everden Road - Comparable Sales

The following three addresses represent comparable sales of properties as of the effective date that are quite similar to the residence which forms the subject matter of this report. These three properties consist of five room brick bungalows with two bedrooms.

Approximate

AddressLot SizeSale PriceDate of Sale

114 Everden Road 25 x 133$222,000.00July 14, 1998

112 Everden Road25 x 133$211,000.00August 18, 1997

109 Everden Road30 x 132$250,100.00August 10, 1998

Sale of Surplus Spadina Project Property at

48 Heathdale Road - (Ward 28 - York Eglinton)

(City Council on November 25, 26 and 27, 1998, amended this Clause by adding thereto the following:

"It is further recommended that the name 'Josephine M. Fenn' be added as a Purchaser of 48Heathdale Road.")

The Corporate Services Committee recommends the adoption of the following report (October21, 1998) from the Commissioner of Corporate Services:

Purpose:

To authorize the disposal of the property municipally known as 48 Heathdale Road.

Funding Sources, Financial Implications and Impact Statement:

Revenue of $465,000.00, less closing costs and the usual adjustments, subject to the revenue sharing agreement with the Province pursuant to Clause No. 1 of Report No. 25 of the former Metropolitan Corporate Administration Committee, approved on December 4, 1996.

Recommendations:

It is recommended, subject to Provincial concurrence that:

(1)the Commissioner of Corporate Services be authorized to accept this offer in the amount of $465,000.00 as detailed herein;

(3)authority be granted to direct a portion of the sale proceeds on closing to fund the outstanding balance of Costing Unit No. CP300J56192;

(5)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Council Reference/Background/History:

The Province of Ontario is the owner of 48 Heathdale Road, subject to a 99 year lease in favour of the City of Toronto. By its adoption of Clause No. 1 of Report No. 3 of The Corporate Administration Committee on February 12 and 13, 1997, Metropolitan Council declared the property surplus pursuant to By-law No. 56-95 and authorized its disposal. The procedures with respect to By-law No. 56-95 have been complied with, a utility canvass has been completed and no requirements have been identified.

By its adoption of Clause No. 4 of Report No. 9 of The Corporate Services Committee on July 8, 9, and 10, 1998, Toronto Council authorized that properties listed in Schedule "A", including the subject property, be sold to Schedule "A" purchasers at market value determined as of the date of expression of their interest and should be further subject to an option to purchase at that purchase price (unadjusted).

Comments and/or Discussion and/or Justification:

Pursuant to the February 12 and 13, 1997 authority, negotiations were conducted with the tenant, Dr. John Fenn, and the following offer was received:

Property Address:48 Heathdale Road.

Legal Description:Part of Parcel 1-2, Section MX-6, being Lot 169, Plan M-367 designated as Lot 4, Plan MX-75, City of Toronto (formerly City of York).

Approximate Lot Size:15.24 metres (50 feet) fronting onto Heathdale Road,

40.56 metres (133.08 feet) depth.

Location:North side of Heathdale Road.

Improvements:Detached, 2-storey brick dwelling.

Occupancy Status:Tenanted.

Date Interest Expressed:February 12, 1997.

Recommended Sale Price:$465,000.00.

Deposit:$23,250.00.

Purchaser:Dr. John Fenn.

Closing Date:January 13, 1998.

Terms:Cash on closing, subject to the usual adjustments and registration of an option to purchase.

It is noted this is a sale to the existing tenant and is based on a market value appraisal as of the date the tenant expressed written interest. By the adoption of Clause No. 5 of Report No. 9 of The Corporate Services Committee, Council at the meeting held on July 29, 30 and 31, 1998, directed that comparable sales data be provided in future reports of property sales. Appendix "A" identifies three comparable properties located in the vicinity that sold at the time of the effective date of the appraisal.

Conclusion:

Completion of this transaction detailed above is considered fair and reasonable and reflective of market value as of February 12, 1997.

Contact Name:

Mr. R. Mayr, AACI, Phone No.: (416) 396-4930, Fax No.: (416) 396-4241, E-Mail Address: mayr@city.scarborough.on.ca.

________

Appendix "A"

48 Heathdale Road - Comparable Sales

Approximate

AddressLot SizeSale PriceDate of Sale

8 Heathdale Road50 x 144$525,000.00March 6, 1997

12 Heathdale Road 50 x 153$525,000.00December 17, 1996

56 Heathdale Road56.25 x 130$470,000.00November 8, 1996

Proposed Property Disposal,

116 Combe Avenue,

(Ward 8 - North York Spadina)

(City Council on November 25, 26 and 27, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (October16, 1998) from the Commissioner of Corporate Services:

Purpose:

To authorize the sale of the property municipally known as 116 Combe Avenue, to Tat Chow Chiu at a price of $230,000.00.

Funding Sources, Financial Implications and Impact Statement:

Proceeds of the sale, in the amount of $230,000.00, less closing costs and the usual adjustments will be realized and, pursuant to the direction of the former North York Council, are to be applied to park improvements within Clanton Park which is within the neighbouring Clanton Park Residential Community to the south.

Recommendations:

It is recommended that:

(1)the Commissioner of Corporate Services be authorized to accept the highest offer to purchase from Tat Chow Chiu in the amount of $230,000.00 as detailed herein; and

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

Council Reference/Background/History:

On April 2, 1997, the former City of North York Council declared two single family residences known as 114 and 116 Combe Avenue, to be surplus to the needs of the City, and authorized staff to proceed with their sale. Public notice was provided in accordance with the North York Real Estate disposal by-law. At the same meeting it is noted that the former North York Council directed that the proceeds of this sale be applied to necessary park improvements within Clanton Park which is within the neighbouring deficient Clanton Park Residential Community to the south. Earlier this year, City Council authorized the sale of 114 Combe to the current tenant, and discussions are ongoing with that tenant. 116 Combe is a 1,100 square foot bungalow with a detached concrete block garage, located on a 7,280 square foot (63.31' X 115') lot located at the north-east corner of Combe and Wilmington Avenues. The property has been vacant since the departure of the tenant earlier this year.

Comments and/or Discussion and/or Justification:

Pursuant to the April, 1997 authority, the property was listed with Sutton Group - Admiral Realty Corporation on September 29, 1998 at an asking price of $224,900.00, and offered through the Multiple Listing Service of the Toronto Real Estate Board. As a result, the following offers were received:

PurchaserPurchase Price/Terms Deposit

Tat Chow Chiu$230,000.00$11,500.00 (Certified Cheque)

A. Rheinhold$228,000.00$11,500.00 (Certified Cheque)

Joe Dinardo and

Frank Divecehio$169,000.00$ 9,000.00 (Certified Cheque)

The highest offer is recommended for acceptance:

Property Address:116 Combe Avenue.

Original Acquisition:Negotiated for park purposes.

Legal Description:Part of Lot 188, Plan 1899, City of North York.

Approximate Lot Size:19.3m (63.3') fronting onto Combe Avenue X 35.1m (115') flankage onto Wilmington Avenue.

Location:North-east corner of Combe Avenue and Wilmington Avenue.

Improvements:1,100 square foot, three bedroom bungalow.

Occupancy Status:Vacant.

Recommended Sale Price:$230,000.00.

Deposit:$11,500.00.

Purchaser:Tat Chow Chiu.

Closing Date:January 6, 1999.

Terms:Cash on Closing.

Conclusion:

Completion of this transaction detailed above is considered fair and reasonable and reflective of market value.

Contact Name:

R. Mayr, AACI, Telephone (416) 396-4930, Fax (416) 396-4241 mayr@city.scarborough.on.ca.

Application for Approval to Expropriate Interests

in Land, Sheppard Subway Project, Temporary Partial

Interests from two Properties: 202 Sheppard Avenue West,

204 Sheppard Avenue West (Ward 10 - North York Centre)

(City Council on November 25, 26 and 27, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (November 9, 1998) from the Commissioner of Corporate Services:

Purpose:

To authorize the initiation of the expropriation of temporary property interests required for the construction of the Sheppard Subway Project.

Financial Implications:

Financing has previously been approved by Council and is available in Capital Account No. TC-392, Sheppard Subway Project.

Recommendations:

It is recommended that:

(1)authority be granted to initiate the expropriation process for the property interests detailed herein;

(2)authority be granted to serve and publish Notices of Applications for Approval to Expropriate said property interests, to forward to the Chief Inquiry Officer any requests for hearings that are received and to report the Inquiry Officer's recommendations to Council for its consideration; and

(3) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

By approval of Clause No. 2 of Report No. 9 of The Management Committee (as amended) on March 8 and 9, 1994, and subject to a further report regarding funding, Metropolitan Council approved construction of the Sheppard Subway from Yonge Street to Don Mills Road. By approval of Clause No.2 of Report No. 14 of The Management Committee (as amended) on April 20, 1994, Metropolitan Council authorized the debenture funding to commence the project. Finally, Metropolitan Council, by its adoption of Clause No. 2 of Report No. 21 of The Financial Priorities Committee on September 25 and 26, 1996 (as amended), approved the completion of the Sheppard Subway Project.

Comments:

As part of the Yonge Station Contract for the Sheppard Subway Project, two partial property interests are required, on a 30 month temporary basis commencing May 1999, from the owners of 202 Sheppard Avenue West and 204 Sheppard Avenue West. The two properties are located on the north side of Sheppard Avenue West, west of Welbeck Road. The 202 Sheppard Avenue West interest is shown as having a surface area of approximately 33.4 square metres and the 204 Sheppard Avenue West interest is shown as a having a surface area of approximately 15.4 square metres. The appended sketch of the property requirements is derived from a draft survey referenced as 94-21-413-50-A, which is on file with the City Clerk.

Both property interests, may be subject to minor changes pending the finalization of design. Both are required in connection with the construction and utilization of a drop shaft and will be used temporarily for a pedestrian sidewalk, a surface work site, and a subsurface dewatering tube system required for the drop shaft.

The two property interests are located directly north of a future drop shaft, whose location is immoveable. This drop shaft must abut and be to the west of the now-completed terminus of the Tail Track portion of the Subway Project. With the excavation of the 14.8 metre by 6.6 metre drop shaft, a direct link will be made with the westerly limit of the Tail Track, which in turn will be connected to the entire subway tunnel system. Once the drop shaft is constructed, it will be utilized to store track segments which will be welded into larger segments within the Tail Track and then ultimately become the seamless subway track for the entire project.

The owners have been contacted and negotiations have commenced in the hope of securing the properties by agreement for May 1999. However, in order to ensure the availability of these temporary property interests at the required time, it is necessary to commence the expropriation process at this time.

Conclusion:

The commencement of expropriation procedures for the acquisition of temporary partial interests of the properties at 202 Sheppard Avenue West and 204 Sheppard Avenue West is required to ensure that possession of the lands for subway construction is obtained in a timely manner.

Contact Name:

Mr. Victor Austin, Manager of Real Estate (416) 392-8164 Fax No.:(416) 392-4828 E-Mail Address: vaustin@city.toronto.on.ca.

(A copy of the sketch which was attached to the foregoing report was forwarded to all Members of Council with the November9, 1998, agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)

City-Owned Vacant Lands, Part of the Closed Road

Allowance Known as Summerhill Avenue, and Lands

Acquired by the City as Part of the Yonge/Summerhill

Development Review Process, Declaration as Surplus

and Proposed Land Exchange (Ward 23 - Midtown)

(City Council on November 25, 26 and 27, 1998, amended this Clause by amending the report dated November 4, 1998, from the Commissioner of Corporate Services:

(1)to provide that Recommendation No. (7) embodied therein shall now read as follows:

"(7)(a)the City Solicitor be authorized to complete this transaction according to the terms and conditions to be incorporated in a Land Exchange Agreement between the City and 1209011 Ontario Inc. and pay those costs incidental to the closing with 1209011 Ontario Inc. paying Land Transfer Tax and GST; and

(b)the completion of the land exchange is conditional upon 1209011Ontario Inc. constructing or agreeing to construct the berm and acoustic fence as shown on Appendix D along the south side of the railway right-of-way, and further, provided that 1209011 Ontario Inc:

(i)constructs or agrees to construct on the top of the berm along the south side of the railway line, a sound attenuation wall;

(ii)provides plants for both the north and south slopes of the berm; and

(iii)provides a water line;";

(2)to delete from the body of such report, under the heading "Comments", the following paragraph(a):

"(a)revise the construction of the berm to address the concerns of the residents north of the Canadian Pacific Railway Line on the slope of the berm;"; and

(3)to append to such report a new Appendix D, being a sketch depicting measurements and elevations for the acoustic fence.)

The Corporate Services Committee recommends the adoption of the following report (November4, 1998) from the Commissioner of Corporate Services:

Purpose:

(1)To declare surplus to the City's requirements, the City-owned lands shown cross hatched on the attached Appendix "A"and also shown on a Draft Plan of Survey, Appendix "B" prepared by J. D. Barnes Ltd., Ontario Land Surveyors as PART 1; and

(2)to approve a land exchange between the City and 1209011 Ontario Inc., the owner of the "Mathersfield Drive" Subdivision, whereby the City would acquire a parcel of land, shown hatched on Appendix "A" as PART E located at the north-westerly limit of said subdivision, to be merged with the proposed adjoining parklands to the west, and in exchange the City would convey to the adjoining owner the lands cross hatched on Appendix "A".

Financial Implications:

There are no financial implications to the City. 1209011 Ontario Inc. is to assume all costs to publish the required notices, the cost of surveys, and the payment of Land Transfer Tax and GST associated with the closing of the real estate transaction.

Recommendations:

It is recommended that:

(1)City Council declare as surplus to the City's requirements those City-owned lands, comprising a portion of the closed road allowance known as Summerhill Avenue and the two adjoining parcels of land being acquired by the City as part of the Yonge/Summerhill development review process and described as being Part of Lot 36, Thompson Avenue, Lot24, Registered Plan 277Y, City of Toronto and shown cross hatched on Appendix "A" and also shown as PART 1 on a draft plan of survey, Appendix "B" prepared by J. D. Barnes Ltd;

(2)the Commissioner of Corporate Services give notice to the public of the City-owned lands being declared surplus;

(3)the City Clerk publish notice of the proposed by-law to sell part of the closed road allowance upon payment by 1209011 Ontario Inc. of the out-of-pocket expenses that will be incurred by the City, estimated to be $1,500.00;

(4)the public hearing be held by the Corporate Services Committee;

(5)subject to the requirements of the Municipal Act, City Council approve a land exchange for a nominal sum of $1.00 on the following basis:

(a)the acquisition by the City of those lands shown hatched on attached Appendix "A", as PART E, containing a site area of approximately 176.9 m�;

(b)the conveyance by the City to the adjoining owner of those lands shown cross hatched on attached Appendix "A", containing a site area of approximately 176.9m�;

(c)the legal documentation to be in a form and content satisfactory to the City Solicitor and to include such terms and conditions as the City Solicitor may deem advisable to protect the City's interests;

(d)1209011 Ontario Inc. to provide a survey of the lands being conveyed to and by the City; and

(e)1209011 Ontario Inc. to provide the City with evidence from its environmental consultants satisfactory to the Commissioners of Corporate Services and Economic Development, Culture and Tourism, that the lands being acquired by the City have been remediated to Ministry of Environment and Energy standards for land to be used for parks purposes;

(6)City Council declare the proposed conveyance of the closed portion of Summerhill Avenue (part of cross hatched lands on Appendix "A") is in compliance with Section 3.3 of the former City of Toronto Official Plan, Part 1- Cityplan;

(7)the City Solicitor be authorized to complete this transaction according to the terms and conditions to be incorporated in a Land Exchange Agreement between the City and 1209011Ontario Inc. and pay those costs incidental to the closing with 1209011 Ontario Inc. paying Land Transfer Tax and GST;

(8)the parcel of land being acquired by the City be placed under the jurisdiction of the Commissioner of Economic Development, Culture and Tourism to be developed for parks purposes; and

(9)the appropriate Civic Officials be authorized to take the necessary action to give effect to the foregoing recommendations.

Background:

The former Toronto City Council, at its meeting held on August 14 and 15, 1995, adopted the report of the City Solicitor (August 14, 1995) concerning the Yonge Summerhill Lands Plan of Subdivision, which authorized the appropriate City Officials to take all actions necessary to implement the provisions of the Official Plan, Zoning By-law, and conditions of Draft Plan of Subdivision approval including the completion of the land conveyances with respect to the unopened road allowance known as Summerhill Avenue.

The former Toronto City Council, at its meeting held on November 6, 7 and 8, 1995 adopted City Services Committee Report 14, Clause 4 and thereby approved the stopping up and closing of part of the unopened road allowance known as Summerhill Avenue and a land exchange between the City and Marathon Realty Company ("Marathon"), the owner of the adjoining development site known as the "Yonge/Summerhill Development Site", involving a portion of the road allowance to be closed, shown as PART C on Appendix "C" in exchange for certain lands owned by Marathon shown as PART D on Appendix "C". The remaining portions of the road allowance to be closed, PARTS A and B, were to be retained by the City for parks purposes. The road allowance was closed pursuant to By-law 1996-0013. Prior to the registration of transfer documents, Marathon was to remediate the lands to be conveyed to the City in accordance with a remediation plan that had been approved by the City. As of October 26, 1998, the documents transferring title of the lands to the City have not been registered. However, I am advised that remediation has been completed and the land exchange will be completed shortly.

Comments:

The Yonge/Summerhill Development Site was originally owned by Marathon Realty Company Limited, which sold the development site in March 1997 to Woodcliffe Corporation ("Woodcliffe"). Woodcliffe sold the easterly portion of the development site, forty-seven house lots on Mathersfield Drive, to 1209011 Ontario Inc. in July, 1998. Woodcliffe retained ownership of the lands to be conveyed to the City and assigned its rights to the lands to be conveyed by the City to 1209011Ontario Inc.

1209011 Ontario Inc. is proceeding with development site preparation, including the construction of a berm. At the request of the Ward Councillors, and after consultation with staff of Economic Development, Culture and Tourism, Urban Planning and Development Services and Works and Emergency Services, 1209011 Ontario Inc. agreed to undertake certain revisions to the construction of the berm that will address the concerns of the Ward Councillors and local residents. These revisions, which prior to construction, are to be approved by Commissioners of Economic Development, Culture and Tourism and Corporate Services are to include commitments by 1209011Ontario Inc. to:

(a)revise the construction of the berm to address the concerns of the residents north of the Canadian Pacific Railway Line on the slope of the berm;

(b)build on the top of the berm a sound attenuation wall;

(c)provide plants for both the north and south slopes of the berm; and

(d)provide a water line.

Under the original development proposal and at the request of Canadian Pacific Railway Company ("CPR"), Marathon had agreed to provide an exclusive access right-of-way to the CPR railway line. 1209011 Ontario Inc. has now been advised by CPR that this right-of-way is no longer required, as CPR will utilize the public lane system to provide access. This proposed right-of-way adjoins the westerly limit of the public lane and the easterly limit of the proposed parklands.

As a result of these lands becoming available and in consideration of the required berm construction, 1209011 Ontario Inc. has put forward a proposal for a further land exchange with the City. 1209011Ontario Inc. is to convey to the City the aforementioned right-of-way lands shown hatched on Appendix "A"and in exchange the City is to convey to 1209011 Ontario Inc. a parcel of land shown cross hatched on Appendix "A" and identified as PART 1 on a draft plan prepared J.D.Barnes, Ontario Land Surveyors, which includes part of the previously closed highway and part of the lands to be conveyed to the City by Woodcliffe.

The Commissioner of Economic Development, Culture and Tourism has indicated that conveyance of PART 1 will not restrict the proposed access to David Balfour Park and that the acquisition of the right-of-way lands will enhance the proposed park.

It is noted that the parcel of land being acquired by 1209011 Ontario Inc. contains a site area of approximately 176.9 m� and is zoned GR and the parcel of land to be acquired by the City is zoned R1 and contains an equivalent site area of 176.9 m�. Under this proposal, it is necessary for the City to declare as surplus PART 1 and to comply with the Municipal Act requirements pertaining to the sale of a closed highway.

Pursuant to section 193 of the Municipal Act relating to the disposal of property, before selling real property Council must declare the property surplus by by-law or resolution passed at a meeting open to the public; give notice to the public of the proposed sale; and obtain at least one appraisal of the market value of the property, unless exempted by regulations passed under the legislation. An appraisal of the market value of the lands is being prepared and will be completed by City staff prior to Corporate Service Committee considering this report.

Pursuant to section 300 of the Municipal Act, before passing a by-law for selling a closed highway, Council must first publish notice of the proposed by-law and hold a public hearing. Pursuant to section 315 of the Municipal Act, the closed highway must first be offered to the abutting owner before it can be sold to anyone else. As 1209011 Ontario Inc. has taken an assignment of Woodcliffe's right to a conveyance of the abutting lands, 1209011 Ontario Inc. has a beneficial interest in the abutting lands and will be the registered owner of these lands once the previously approved land exchange with the City closes.

As 1209011 Ontario Inc. has advised that the lands to be conveyed to the City have been remediated in accordance with the previously approved remediation plan, the City will be in compliance with the former City of Toronto's policy of accepting only clean sites.

Staff of Urban Planning and Development Services and Economic Development, Culture and Tourism have indicated that they have no objections to declaring the City-owned lands surplus to the requirements of the City, the land exchange as outlined in this report, and that they are in agreement with the content of this report.

Conclusion:

The City-owned lands shown as PART 1 on the attached Appendix "B", should be declared surplus to the requirements of the City. The proposed land exchange for a nominal sum is considered to be reasonable and should be approved subject to 1209011 Ontario Inc. fulfilling commitments as set out in the body of this report.

Contact Name:

Ron J. Banfield, Telephone - 392-1859, Fax - 392-1880, E-mail - rbanfiel@city.toronto.on.ca.

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(A copy of Appendices A, B and C attached to the foregoing report was forwarded to all Members of Council with the November 9, 1998, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)

1510 - 1538 Dupont Street

One Year Extension to the Term of

the First Mortgage (Ward 21 - Davenport)

(City Council on November 25, 26 and 27, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (November 3, 1998) from the Commissioner of Corporate Services:

Purpose:

To obtain approve for a one (1) year extension to the term of the First Mortgage registered in favour of City of Toronto Non-Profit Housing Corporation on the property known municipally as 1510-1538 Dupont Street which was sold to Arcadia Dupont Development Inc..

Financial Implications:

The interest payment due on December 8, 1998 in accordance with the existing First Mortgage calculated at the rate of eight percent. (8 percent) per annum and being in the amount of $37,800.00 will be received. The payment of the principal amount of $472,500.00 will be received by December8, 1999.

Recommendations:

It is recommended that:

(1)the request for an extension of one (1) year to December 8, 1999, to the term of the First Mortgage be granted, with all other terms of the First Mortgage to remain the same;

(2)such extension be subject to the Board of Directors of City of Toronto Non-Profit Housing Corporation granting its approval; and

(3)the appropriate City officials be authorized to take the necessary action to give effect to the foregoing.

Background:

In 1991, the Royce/Dupont site, located on the northside of Dupont Street between Perth and Symington Avenues, was acquired for landbanking purposes and the development of social housing. However, with the cancellation of the Provincial Housing Program a social housing development could not proceed.

On October 28 and 29, 1996 Toronto City Council declared the property known municipally as 1510-1538 Dupont Street surplus to municipal requirements and authorized the property be listed on behalf of City of Toronto Non-Profit Housing Corporation ("Cityhome") with a major real estate broker for sale on the open market. Pursuant to Clause 5 of Report No. 18 of the Executive Committee, as amended and adopted by Toronto City Council on July 14, 1997, authority was given for Cityhome to sell 1510-1538 Dupont Street to Arcadia Dupont Development Inc. ("Arcadia") for a purchase price of $630,000.00. On December 8, 1997, title to the property was conveyed to Arcadia and a First Mortgage in the amount of $472,500.00 bearing interest at the rate of 8 percent. calculated and payable annually for a term of one year was registered in favour of Cityhome.

Comments:

An Affordable Home Ownership development by Arcadia Symington Avenue Inc. was successfully completed on the northerly portion of the Royce/Dupont Site. Arcadia, also being the successful purchaser of the remaining lands fronting on Dupont Street, was encouraged to proceed with a second phase of development on the basis of an "affordable" price structure. Two blocks of affordable freehold ownership townhomes (8 and 10 units) are to be constructed on the site. A sales program has commenced and currently, 9 of the 18 units have been sold to qualified purchasers.

Due to an unforseen length of time for the planning and processing of the Project, together with an unprecedented summer long strike in the construction industry, Arcadia has submitted a request to Cityhome for an extension to the term of the First Mortgage for a further one (1) year period to December 8, 1999, with all other terms of the mortgage to remain the same. Arcadia has confirmed that the interest payment of $37,800.00 will be paid on the due date, December 8, 1998.

As Cityhome holds the First Mortgage, the extension requires approval by its Board of Directors. At its meeting scheduled for November 23, 1998, the Board will be considering a staff report recommending that the request from Arcadia for a one (1) year extension to the term of the First Mortgage be granted. City Council approval is also required as the proceeds of the sale transaction are payable by Cityhome to the City to reimburse a City reserve account. The City funded the initial land acquisition.

Conclusion:

The request from Arcadia Dupont Development Inc. for an extension of one (1) year to December8, 1999, to the term of the First Mortgage with all other terms of the First Mortgage to remain the same, is reasonable and approval should be granted subject to the Board of Directors of City of Toronto Non-Profit Housing Corporation granting its approval.

Contact Name:

Carla Inglis; 392-7212; Fax: 392-1880; cinglis@city.toronto.on.ca.

(A copy of the maps, attached to the foregoing report, was forwarded to all Members of Council with the November 9, 1998, agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)

Yonge Dundas Square -

Proposed Municipal Code Amendment

(Ward 24 - Downtown)

(City Council on November 25, 26 and 27, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (October22, 1998) from the Commissioner of Urban Planning and Development Services:

Purpose:

To present for approval an amendment to the former City of Toronto Municipal Code to govern the use of Yonge Dundas Square, as a condition of approval granted by the Joint Board (Ontario Municipal Board). To update City Council on the status of the design competition for the Yonge Dundas Square.

Financial Implications:

The adoption of a Municipal Code Amendment has no budget implications. Facilities and Real Estate and Special Events management of the new square including enforcement in accordance with the Municipal Code have no operating budget implications for 1999 and are being reviewed by staff for inclusion in the year 2000 operating budget proposals.

Recommendations:

It is recommended that:

(1)an amendment to the former City of Toronto Municipal Code respecting Yonge Dundas Square, substantially as set out in the Schedule attached to this report, be adopted;

(2)the Commissioner of Urban Planning and Development Services report directly to City Council at its meeting to be held December 16, 1998, for appropriate authorizations to contract with the winning team selected from the design competition for Dundas Square; and

(3)the appropriate City officials be authorized and directed to undertake the steps necessary to give effect to the foregoing, including the introduction of the necessary Bills in Council.

Background:

City Council's enactment of "A Nathan Phillips Square-type Municipal Code Amendment" which would govern the use of the new public square is one of the Joint Board's (Ontario Municipal Board constituted under the Consolidated Hearings Act) conditions of approval for the Yonge Dundas Redevelopment Project, approved by the Board on June 5, 1998 and endorsed by City Council on July 8, 9 and 10, 1998. The revised deadline for approval of the Municipal Code Amendment is November 27, 1998.

The Yonge Dundas Redevelopment Project now being implemented on the east side of Yonge Street at Dundas Street includes a new public open space. The main purpose of the open space is to provide the downtown commercial core along Yonge Street with a new public square which will provide a focus or new "sense of place" around which redevelopment will take place, revitalizing the surrounding area. The open space, which has been conceived as a public square, will provide views in all directions, provide an "address" for Ryerson Polytechnic University and encourage an increase in on-street pedestrian oriented activities and a place for programmed events. The square also contributes to the open space needs of this area of the downtown, an area recognized in the Official Plan as being open space deficient.

As part of the Joint Board hearing regarding the Yonge Dundas Redevelopment Project, evidence was heard about a variety of issues including experience gained at public squares throughout North America and Europe and the need to address public safety and programming. As public space is commonly governed by regulation, it was the evidence of the City at the hearing, that a by-law similar to the Nathan Phillips Square regulations would be adopted as a means to regulate the activities on the square. The Board made the adoption of a Municipal Code Amendment a condition of approval.

It is very much the intention to make the space a positive experience in the daily life of the City. As such, formal programming by the City and community organizations and passive use of the square as a gathering space or a respite from daily routines will be encouraged. It is important that the square work with new development to stimulate the renewal of this area of the downtown. For the health and safety of the public and for the orderly management and programming of the square, a series of regulations should be introduced. Misuse of the square for unsanctioned or criminal activity, not unlike any other public space, should be controlled by regulation and enforcement.

Regulation of the use of parks and public spaces through a permitting system is in place through the new City of Toronto, either through specific by-laws for particular spaces such as Nathan Phillips Square or Mel Lastman Square or through more general by-laws which govern parks uses and Council policies and guidelines on the use of public space.

A generic Municipal Code amendment, in the form of a draft by-law and modeled on Nathan Phillips Square regulations, is attached as a schedule to this report for consideration by Council. The Commissioner of Corporate Services will have jurisdiction over this as a facilities and real estate management matter.

Draft By-law Provisions:

The attached draft by-law amends the former City of Toronto's Municipal Code by adding a new Chapter 270, Public Squares. This format reflects the fact that the official name of the public square has not been determined yet. This format also contemplates the future harmonization of the by-laws and policies on the use of the City's public squares in one by-law.

The draft by-law governs the use of the proposed public square in the same manner as the other public square by-laws. The by-law prohibits certain general activities that are incompatible with the use of the square, for example, lighting fires, and prohibits other activities unless they are in accordance with the terms and conditions of any Council permission or a permit issued by the Commissioner of Corporate Services. The draft by-law is similar to the Nathan Phillips Square By-law in the former City of Toronto's Municipal Code Chapter 237, Nathan Phillips Square. The draft by-law incorporates the permit provisions included in Chapter 237 under which the Commissioner of Corporate Services is authorized to issue certain permits.

While Yonge Dundas Square is a public space, it is not a square associated with a city hall or civic centre and as such, certain uses such as leasing, licensing, and various commercial uses, either associated with events or not, may be appropriate. Given that a policy review of the implications of commercial uses on public space is appropriate, commercial prohibitions have been reserved in the draft by-law.

In addition to reviewing the commercial use provisions, the regulations will be further adjusted based on a specific design for the square once the design has been determined later this year. The square will contain certain elements related to the Toronto Parking Authority below-grade garage and the TTC Dundas Station entrance including entry points and signage. It is anticipated that organizations such as Tourism Toronto and the Toronto Theatre Alliance (T.O.TIX outlet) will be users of the space, in some form of kiosk facility, including potentially the Yonge Street Business and Resident Association, the Toronto East Downtown Residents Association and Ryerson Polytechnic University.

As there are issues of health, safety, property management and programming, the draft by-law has been circulated to the following representative organizations and agencies. Several of these groups have participated in the Technical Advisory Committee, the Community Committee and the Safety Focus Group related to the design process for the square:

Yonge Street Business and Resident Association (YSBRA)

Toronto East Downtown Residents Association (TEDRA)

Ryerson Polytechnic University

Works and Emergency Services:

Toronto Police Service

Municipal By-law Enforcement

Corporate Services:

Facilities and Real Estate Division

Economic Development, Culture and Tourism

Special Events

Task Force on Community Safety

Urban Planning and Development Services:

City Planning

Municipal Standards

Comments from these groups have been taken into account in formulating the draft by-law.

Status of Dundas Square Design Competition:

At its meeting of August 21, 1997, the former City of Toronto Council authorized a design competition for Dundas Square (Clause 15, Report 19 of the former Executive Committee). In order to advance the final design for both the square and the Toronto Parking Authority garage located below the square, which is proceeding through Site Plan Approval, the design competition process for the square has been initiated. In accordance with the standard design competition procedures of the former City of Toronto, a professional advisor, Joe Berridge from Urban Strategies Inc., was retained to prepare a two-stage competition. Consultations were held with a Community Committee and a Technical Advisory Committee, and a Safety Focus Group was held.

The competition was announced on September 9, 1998 with a deadline for submissions on October8, 1998. 78 firms registered for the competition and 48 proposals were submitted. Stage One of the competition is now complete with six short listed teams starting work on design proposals for the square. On December 1, 1998, a five-member professional international jury will select the winner of the competition. The winning team will be reported to Council for authority to enter into a contract with the City to provide design consultant services for the project based on the winning scheme. It is recommended that I report directly to City Council at its meeting to be held December16, 1998, for appropriate authorizations to contract with the winning team selected from the design competition.

Conclusion:

The harmonization of by-laws and policies for public squares will not be completed for some time. Under the circumstances, and in order to comply with the approval conditions of the Joint Board, the proposed public square in the Yonge Dundas Redevelopment Project should initially be regulated in a manner similar to Nathan Phillips Square. The proposed square should be under the jurisdiction of the Commissioner of Corporate Services and regulated by a specific by-law instead of the Uniform Parks By-law (Municipal Code Chapter 255, Parks).

Contact Name:

Gregg Lintern, Senior Planner, South District, East Section

Tel: 392-7363, Fax: 392-1330, E-Mail: glintern@city.toronto.on.ca

Christina Cameron, Legal Services

392-7235

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Schedule

Authority:

Enacted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No.

To amend the former City of Toronto Municipal Code by adding Chapter 270,

Public Squares.

WHEREAS under paragraph 52 of section 207 of the Municipal Act a municipality may pass by-laws for exercising all or any of the powers that are conferred on boards of park management by the Public Parks Act; and

WHEREAS Council has determined that the proposed public square in the Yonge Dundas Redevelopment Project should be under the jurisdiction of the Commissioner of Corporate Services and regulated by a specific by-law instead of the Uniform Parks By-law (Municipal Code Chapter255, Parks);

The Council of the City of Toronto HEREBY ENACTS as follows:

1.The Municipal Code of the former City of Toronto is amended by adding the following chapter:

Chapter 270

PUBLIC SQUARES

� 270-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

COMMISSIONER -- The Commissioner of Corporate Services.

COMMUNITY COUNCIL -- The Community Council for the part of the urban area in which the square is located.

PERMIT - Any written authorization of Council, or the Toronto Community Council or the Commissioner, under delegated authority.

PERMIT ZONE -- Any part of a square that is designated by shading on a map in Schedule A at the end of this chapter.

SQUARE -- The land delineated by a heavy line on a map in Schedule A at the end of this chapter.

� 270-2. Prohibited activities.

No person shall, within the limits of a square:

A.Climb or be on any, tree, roof of a building or any part of a building, structure or fixture, except any portion which is a public walkway.

B.Set off fireworks except a theatrical special effects pyrotechnics under Class 7.2.5 of the Federal Explosives Regulations as authorized by permit.

C.Reserved

D.Stand on any receptacle or container for plants, shrubs or trees.

E.Wear any ice skates other than on the part of a square that is physically laid out and intended for use by the public as an ice rink area.

F.Drop or throw any object from a roof of a building.

G.Throw or in any way propel any stone or other missile or projectile in a manner which may cause injury or damage to or endanger any other person or property or which interferes with the use and enjoyment of a square by any other person.

H.Light any fire.

I.Ride or stand on any skateboard, roller skate or roller blade.

J.Release or hand out helium-filled balloons.

K.Light or carry any candle or torch, except a light stick.

� 270-3. Activities requiring permits.

No person shall, within the limits of a square, except in accordance with terms and conditions of any permit:

A.Solicit for or engage in any trade, occupation, business or calling, including producing, manufacturing, selling or offering for sale any goods, wares or merchandise, but this subsection does not apply to the sale of newspapers.

B.Sell items by registered charities and not-for-profit organizations.

C.Ride a bicycle.

D.Drive or park any motor vehicle.

E.Use any apparatus, mechanism or device for the amplification of the human voice, music or other sound, or any sound-producing or noise-making instrument or device.

F.Camp or erect or place a tent or temporary abode of any kind.

G.Erect or place a tent, device, booth or structure of any kind.

H.Affix any signage, flyer, fabric or other substance to any building, walkway or column.

I.Set off any theatrical effects pyrotechnics under Class 7.2.5 of the Federal Explosives Regulations, and:

(1)Any application for a permit to set off these types of fireworks is subject to the approval of the Chief Fire Official.

J.Display an exhibit of any kind.

K.Carry on or engage in a demonstration of any sport.

L.Present or take part in any dramatic, musical, artistic or other performance; and

(1)Poetry reading is deemed not to be an artistic or other performance within the meaning of this subsection, but is deemed to be public speaking.

M.Reserved

� 270-4. Submission of permit applications.

All applications for a permit for the use of a square shall be submitted to the Director, Special Events Division, who shall be responsible for:

A.The management, design, development, delivery and monitoring of City events on a square; and

B.The facilitating and monitoring of all other events on a square.

� 270-5.Permit zone permits.

A.The Commissioner shall issue permits, for activities or things within the permit zone, to:

(1)Carry on, engage in or do any of the activities or things in � 270-3I, J, K orL.

(2)Drive and park any motor vehicle on a square when it is essential to facilitate an event upon the following conditions:

(a)The motor vehicle is escorted by an employee of the City who walks in front of it.

(b)The motor vehicle operates with flashing lights.

(c)The applicant provides a certified copy of a certificate of insurance, satisfactory to the Chief Financial Officer, in which the City is a named insured and is indemnified against all liabilities which may in any way arise from the motor vehicle being permitted on a square.

(3)Use of any public address system, amplifier, loudspeaker or any other similar instrument or device upon the following condition:

(a)If the instrument or device is under the control of an employee of the Corporate Services Department and, if owned by the City, the applicable charge is paid for the employee's services.

(4)Erect any tent for the enhancement of events and for the provision of shelter from heat or inclement weather during the event upon the following conditions:

(a)Any necessary permits are first obtained from the Chief Building Official.

(b)The tent is erected and secured by a professional tent erection company so that:

[1]The slabs on a square are not damaged; and

[2]All fastening devices are clearly marked.

[3]The applicant provides a certified copy of a certificate of insurance, satisfactory to the Chief Financial Officer, in which the City is a named insured and is indemnified against all liabilities which may in any way arise from the tent being permitted on a square.

(5)Erect or place a platform, dais or similar structure or device.

(6)Reserved

(7)Reserved

B.Sale of certain items.

(1)An applicant for a permit for an activity under Subsection A may also apply for permission, for the number of persons specified by the applicant, to sell or distribute items such as but not limited to buttons, t-shirts, books, magazines, literature or other publications, during the event and if the sale of the items is directly related to the activity.

(2)Where a permit is issued for an activity under Subsection A, the Commissioner shall also issue identification markers for each person for whom permission has been sought to sell or distribute items during the activity, and no provision of this chapter shall apply to prevent the sale or distribution of any such item during the activity by a person displaying the identification marker if the sale or distribution of the item is otherwise lawful.

C.No permit shall be issued for any of the activities or things described in Subsection A to a person who has been charged under any section of this chapter if the proceedings resulting from the charge have not been finally terminated.

D.Reserved

E.Despite any other provision of this chapter, the playing of unamplified musical instruments is prohibited during an activity for which a permit has been issued unless prior permission has been granted by the Commissioner, by the Toronto Community Council or by Council.

� 270-6. Permit restrictions.

A.No permit shall be issued by the Commissioner under � 270-5, and despite the issuance of a permit no person shall carry on, engage in or do, any activities or things described in � 270-5A:

(1)If the period and place have been in whole or in part previously approved under a permit issued to another person; or

(2)If the place is:

(a)Physically unfit for use by the public due to conditions caused by the weather or arising out of or related to square maintenance or development.

(b)A garden or grassed area.

B.Whenever a permit is not issued for any reason in Subsection A, a suitable alternative period and place shall be offered by the Commissioner to the applicant.

C.Despite Subsection A, if the Commissioner is of the opinion that the carrying on, engaging in or doing of any activity or thing referred to in � 270-5A may, if permitted, lead to or result in injury to persons or damage to property, a permit shall not be issued, but the Commissioner shall report the matter to Council for its decision.

� 270-7. Denial of permit; appeal.

A.Where the Commissioner determines that an application for permit as received does not comply with the provisions of this chapter, or the policies of Council, an applicant may appeal the refusal to the Community Council.

B.Where an applicant has appealed the Commissioner's refusal to the Community Council, the Community Council, after affording the applicant, any objectors and any other interested persons the opportunity to be heard on the matter, shall recommend to Council whether a permit should be granted, but a permit shall not be recommended or granted unless the Community Council or Council is of the opinion that the application complies with the provisions of this chapter and the policies of Council.

� 270-8.Reserved

� 270-9. Compliance with Human Rights Code.

Persons or organizations seeking to hold events on squares shall sign a declaration stating that:

A.In the services that are being provided to the public or by the person or organization seeking to hold the event, the person or organization complies in all respects with the Ontario Human Rights Code.

B.Any event to be held on a square shall be open to all persons interested in attending the event.

� 270-10. Exempt activities.

This chapter does not apply to:

A.The driver, operator or crew member of an ambulance or police or fire department vehicle, or the rider or attendant of a police department horse, while in the performance of his or her duty.

B.An employee of the City while doing work or performing services for or on behalf of the City.

C.A person hired or engaged by the City to do any work or perform any services within the limits of a square.

D.A person engaged in location filming during a period and at a place as have been first approved in a permit issued by the City's Film Liaison with the approval of the Commissioner if the activities under the permit are carried on, engaged in or done during the period and at the place and in a manner consistent with the permit.

� 270-11. Right of entry.

In addition to any penalty provided by this chapter and subject to the provisions of this chapter, the right of any person to enter or be upon a square is conditional upon the person's refraining from carrying on, engaging in or doing any activity or thing that is prohibited under this chapter.

� 270-12. Offences.

Any person who contravenes any provision of this chapter is guilty of an offence and, on conviction, is liable to a fine of not more than the maximum fine under section 61 of the Provincial Offences Act.

ENACTED and PASSED this ______ day of ______________, A.D. 1998.

_____________________________________________________________

MayorCity Clerk

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(A copy of Schedule A, attached to in the foregoing report, was forwarded to all Members of Council with the November 9, 1998, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)

5182 and 5200 Yonge Street

Sam-Sor Enterprises Inc.

(City Council on November 25, 26 and 27, 1998, amended this Clause to provide that the following excerpt from the confidential report dated November 4, 1998, from the Commissioner of Economic Development, Culture and Tourism be incorporated into the recommendation of the Corporate Services Committee:

"Economic Development, Culture and Tourism Comments:

The Parks and Recreation Division has indicated that the community meeting space required in the Sam-Sor site Zoning By-law is not considered a high priority in the immediate area, as there is sufficient space in the vicinity for community needs to access. Furthermore, Parks and Recreation staff is concerned with the cost of finishing, furnishing, staffing and maintaining the facility required under the current by-law. As an alternative, a cash contribution was recommended, the expenditure of the funds to be at the discretion of the Commissioner of Economic Development, Culture and Tourism, in consultation with the two Ward Councillors.")

The Corporate Services Committee recommends the adoption of the confidential report (November 4, 1998) from the Commissioner of Corporate Services respecting an Agreement between the Former City of North York and Sam-Sor Enterprises Inc., which was forwarded to Members of Council under confidential cover.

The Corporate Services Committee reports for the information of Council, also having had before it a communication (November 5, 1998) from Mr. Stephen H. Diamond, Solicitor acting on behalf of Sam-Sor Enterprises, requesting an opportunity to appear before the Corporate Services Committee respecting the foregoing matter.

(City Council on November 25, 26 and 27, 1998, had before it, during consideration of the foregoing Clause, a confidential report (November 4, 1998) from the Commissioner of Corporate Services respecting Sam-Sor Enterprises Inc. And Former City of North York: New Agreement, such report to remain confidential in accordance with the Municipal Act.)

OMERS Type 3 Supplementary Agreement

and the York Fire Association

(City Council on November 25, 26 and 27, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the joint confidential report (October 26, 1998) from the Chief Financial Officer and Treasurer and the Executive Director of Human Resources respecting OMERS Type 3 Supplementary Agreement and the York Fire Association, which was forwarded to Members of Council under confidential cover; and reports having requested the Chief Financial Officer and Treasurer to submit a report directly to Council for its meeting on November 25, 1998, in regard thereto.

(City Council on November 25, 26 and 27, 1998, had before it, during consideration of the foregoing Clause, the following:

-confidential communication (November 16, 1998) from the City Clerk forwarding the recommendations of the Corporate Services Committee in this regard; and

-confidential report (November 24, 1998) from the Chief Financial Officer and Treasurer, reporting, as requested by the Corporate Services Committee, on the most appropriate use of the savings outlined in the confidential joint report (October 26, 1998) from the Chief Financial Officer and Treasurer and the Executive Director of Human Resources,

such reports to remain confidential in accordance with the Municipal Act.)

Renewal of Lease - Welfare Office

1860 Wilson Avenue

(Ward 6 - North York/Humber)

(City Council on November 25, 26 and 27, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (November4, 1998) from the Commissioner of Corporate Services:

Purpose:

To renew the lease with Banca Commerciale Italiana of Canada, the Mortgagee in Possession, at 1860 Wilson Avenue which contains 23,194 square feet of general office space and is occupied by Area Office "L" of the Welfare Division.

Financial Implications:

Funds to cover the expenditures identified in this report are part of the 1998 Social Services Operating Budget. The Chief Financial Officer and Treasurer, in accordance with Provincial regulations, has certified that financing for the expenditure in the amount of $1,360,000.00 is within the Updated Financial Debt and Obligation Limit. As a result of the renewal, the estimated reduction in annual basic net rent savings is approximately $231,940.00 per annum or a total of $1,159,700.00 over the five years of the renewal.

Recommendations:

It is recommended that:

(1)the City of Toronto enter into a five-year lease renewal with Banca Commerciale Italiana of Canada, The Mortgagee in Possession, on the terms and conditions outlined in this report and in a form acceptable to the City Solicitor;

(2)financing in the amount of $1,360,000.00 be approved;

(3)this report be referred to the Budget Committee for information; and

(4)the appropriate City of Toronto officials be authorized and directed to take the necessary action to give effect thereto.

Background:

Metropolitan Council, by the adoption of Clause No. 15 of Report No. 17 of the Management Committee on May 8, 1991, authorized a lease agreement with Skyline Developments Inc. for approximately 23,194 square feet of space at a minimum rent of $16.00 per square foot plus a minimum of 80 parking spaces at 1860 Wilson Avenue for use as a welfare office for a term of five years commencing November 1, 1991, with an option to renew for one further period of five years. Prior to the end of the first five year term, the Community Services Department advised that it preferred short term renewals that resulted in two, one year agreements on the same terms and conditions as the original lease. During this period, control of the property was taken over by the Banca Commerciale Italiana of Canada, as Mortgagee in Possession.

Comments:

On February 6, 1998, Community Services asked for a further renewal and confirmed that for the foreseeable future this space will be needed to service the clients of this area. A Space Rationalization Team is currently dealing with various buildings brought into amalgamation and is in the process of identifying if there is any space available in these facilities that can accommodate various City of Toronto Departments that are currently occupying leased premises as tenants. As a result, a canvass has been conducted based on the criteria and catchment area established by the Community and Neighbourhood Services Department. The survey revealed no suitable City-owned space to accommodate this operation at this time. Consequently, negotiations were commenced with Mr.John Gatto of Darton Property Advisor's who represent the Banca Italiana and an agreement was reached on a five year renewal at a minimum rent of $6.00 per square foot net with a clause that allows Community Services to terminate the agreement by giving six months' notice after the end of the third year. Vincent Scott, Director, Operational Support of the Social Services Division, concurs with this renewal that is based on the following:

(1)Term:Five years commencing November 1, 1998 and expiring October 31, 2003

(2)Termination:The Tenant has the right to terminate the lease by giving the Landlord six months written notice after the end of the third year.

(3)Rent:$6.00 per square foot net and a proportionate share of realty taxes and operating expenses. Based on 1997 actual figures $171,195.74 per year or $7.38 per square foot, the operating cost and realty tax are $171,195.74 perannum or $7.38 per square foot.

Conclusion:

In my opinion, the above terms and conditions are fair and reasonable and I am advised that they are acceptable to the Community Services Department. Another search for city-owned properties will be conducted prior to the expiry of the renewal term or notice of termination.

Contact Name:

Mr. Tony Pittiglio, Manager of Property Services; Telephone No. (416)-392-8155; Fax No.:(416)392-4828; E-mail Address: anthony_pittiglio@metrodesk.metrotor.on.ca.

Request for Proposal for Microcomputer

Hardware, Software and Services

(City Council on November 25, 26 and 27, 1998, amended this Clause by adding thereto the following:

"It is further recommended that the Commissioner of Corporate Services be requested to submit a further report to the Economic Development Committee on the hardware and systems configuration.")

The Corporate Services Committee recommends the adoption of the following joint report (November 4, 1998) from the Chief Financial Officer and Treasurer and the Commissioner of Corporate Services:

Purpose:

The purpose of this report is to advise the results of the Request for Proposal for Microcomputer Hardware, Software and Services in accordance with the requirements of the Information and Technology Division, Corporate Services Department, and to request authority to award contracts to the recommended proponents.

Source of Funds:

An amount of $30 million has been budgeted in the Year 2000 Project Budget as contained in a separate report on the entire Year 2000 project. The financing of the Year 2000 project is contained in a report to the Budget Committee on a Capital Financing Plan.

Recommendation:

It is recommended that the proposals submitted by Questech Services Inc., SHL System Co. and GECapital IT Solutions be accepted to provide Microcomputer Hardware, Software and Services over a 3-year period to all City departments and to Agencies, Boards and Commissions as required, being the proponents submitting the proposals with the highest evaluated scores.

Council Reference/Background History:

Eighty-seven (87) companies were invited to submit proposals; thirteen (13) proposals were received from the firms listed below for Microcomputer Hardware, Software and Services in accordance with the requirements of the Information and Technology Division, Corporate Services Department.

(1)Compucentre Toronto Inc.;

(2)Compugen Systems Ltd.;

(3)Dell Computer Corporation;

(4)GE Capital IT Solutions Inc.;

(5)Hypertec Systems Inc.;

(6)Irene Network Consulting;

(7)Maritime Information Technology Inc.;

(8)Microbus Computers and Networks;

(9)Micro Express Ltd.;

(10)Micro Mart Computers Ltd.;

(11)Questech Services Inc.;

(12)SHL System Co.; and

(13)Soft Comp.

Comments and/or Discussion and/or Justification:

Using the evaluation criteria identified in the Request for Proposal, an evaluation team consisting of representatives from Police Services Board, Works and Emergency Services, Purchasing and Materials Management, and Information and Technology Division evaluated the responses.

Evaluation criteria included the following:

(a)proponent's ability and experience in providing hardware, software and services similar to those required by the City;

(b)verification of the references supplied by the proponent;

(c)the proponent's quoted price for provision of the hardware, software and services;

(d)the ability and willingness of the proponent to adhere to the terms and conditions outlined in the Year 2000 Compliance Representation and Warranty.

After completing the evaluation, it was determined that due to the anticipated volume of business which may be generated by the Year 2000 Project Office, three (3) proponents are required. It is expected that over 13,000 computers throughout the new City will be affected by June 30, 1999. A single proponent could not meet our aggressive timelines. Business will be distributed equitably amongst all three (3) proponents.

All City department requests will be reviewed by the Information and Technology Division, Corporate Services Department to ensure that they are technically sound and within the framework of the City's infrastructure.

The Manager, Fair Wage and Labour Trades Office, has reported favourably on the firms recommended.

Conclusion:

This report requests authority to award contracts for Microcomputer Hardware, Software and Services in accordance with the requirements of the Information and Technology Division, Corporate Services Department to Questech Services Inc., SHL System Co. and GE Capital ITSolutions being the proponents with the highest evaluated scores.

Contact Name:

L. A. PaganoJ. Andrew

DirectorExecutive Director

Purchasing and Materials ManagementInformation and Technology Division

Telephone: 392-7312Telephone: 392-8421

Request for Amendment to the City's Final

Release and Indemnity Form - Voluntary Exit

(City Council on November 25, 26 and 27, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the Recommendation of the Personnel Sub-Committee, embodied in the following communication (October 23, 1998) from the City Clerk:

Recommendation:

The Personnel Sub-Committee on October 22, 1998, recommended to the Corporate Services Committee the adoption of the report (October 9, 1998) from the City Solicitor respecting the release form used in the City's exit program, wherein it is recommended that the release be retained in its present form.

Background:

The Personnel Sub-Committee had before it a report (October 9, 1998) from the City Solicitor providing comments on the communication (August 31, 1998) from Mr. David Neil, President, City of Toronto Administrative, Professional Supervisory Association (COTAPSAI) concerning the release form used in the City's exit program; that, in his letter, Mr. Neil refers in particular to the third paragraph of the release form, attached as Appendix "A" to this report; that this paragraph releases the City from all liability which could be imposed on it under the Income Tax Act, including any claims, charges, taxes, penalties or demands which the Minister of National Revenue could make under the Act, and with respect to similar claims which could be made by the Canada Employment Insurance Commission or the Canada Pension Commission; that Mr. Neil's letter specifically addresses only the references under the Income Tax Act and requesting that the third paragraph be deleted from the Release; and recommending that the release be retained in its present form.

The Sub-Committee also had before it a communication (September 14, 1998) from the City Clerk advising that The Corporate Services Committee on September 14, 1998, during consideration of a communication (September 2, 1998) from Mr. David Neil, President, City of Toronto Administrative, Professional Supervisory Association, Incorporated (COTAPSAI), requesting an amendment to the City's Final Release and Indemnity Form; advising that employees who have the option to voluntarily leave or are considering an exit package are asked by the City to sign a release; that COTAPSAI is concerned with the inclusion of the third paragraph in the Release; that the City has included this paragraph to indemnify itself from its obligation as an employer to deduct and remit the appropriate amounts of tax under the Income Tax Act; and recommending that in order to ensure that all employees are treated fairly and equitably, requesting that the Corporate Services Committee adopt the recommendation that the City amend its Final Release and Indemnity form and remove the third paragraph as discussed, referred the aforementioned communication to the Personnel Sub-Committee for consideration.

Mr. David Neil, President, City of Toronto Administrative, Professional Supervisory Association (COTAPSAI), appeared before the Sub-Committee in connection with the foregoing matter.

(Report dated October 9, 1998, addressed to the

Personnel Sub-Committee from the City Solicitor.)

Recommendation:

It is recommended that the release be retained in its present form.

Council Reference/Background/History:

At its meeting of September 14, 1998, the Corporate Services Committee considered a number of letters from COTAPSAI. Item number 9, a letter dated August 31, 1998 from David Neil, President of COTAPSAI, concerning the release form used in the City's exit programme, was referred to the Personnel Sub-Committee for consideration at its meeting of October 22, 1998. In his letter, Mr.Neil refers in particular to the third paragraph of the release form, attached as Appendix "A" to this report. This paragraph releases the City from all liability which could be imposed on it under the Income Tax Act, including any claims, charges, taxes, penalties or demands which the Minister of National Revenue could make under the Act, and with respect to similar claims which could be made by the Canada Employment Insurance Commission or the Canada Pension Commission. Mr. Neil's letter specifically addresses only the references under the Income Tax Act. He asks that the third paragraph be deleted from the Release.

Comments and/or Discussion and/or Justification:

Releases are signed by City employees whenever they receive payments from the City where there could be legal action in the future. A release makes it a condition of receiving payment that the employee forego future legal action and indemnify the City from all potential future costs.

Retiring allowances, which include payments under the City's exit programme, are subject to income tax. Paying income tax is ultimately the responsibility of the employee. Under section 153 of the Income Tax Act, employers however, have a legal obligation to withhold and remit a percentage of the retiring allowance payment for tax purposes.

If an employer fails to withhold and remit the correct amount to revenue Canada either on the retiring allowance or on salary, the employer may be required by Revenue Canada to remit the correct amount of tax upon demand. This may involve installment interest or penalties for failing to remit. The release requires the employee to indemnify the City for any of these occurrences. Under the terms of the Release, in the event that additional taxes, interest charges or penalties are owed on the sums paid to an employee under the exit arrangement, the employee agrees to indemnify the City for all such additional payments. If such amounts were not repaid by the former employee, this would result in an unanticipated benefit to that employee, as he or she would avoid this tax liability. The presence of this provision ensures that the City has a means to recover these amounts.

It is in the City's interest to have employees sign the broadest possible release, since this protects the City completely from future costs. It is also in the City's interest to have a clean severing of its legal relations with an employee who is leaving. The release confirms that the employee has had time to seek legal advice and understands what he or she is signing.

Respecting the suggestion that most employers are willing to delete or change reference to the Income Tax Act in a Release, I have no information that this is the case. It is difficult to accept that employers in similar circumstances acting on legal advice would agree to delete an indemnity provision from a Release. The matter of amendments to the Release has been raised by COTAPSAI. I am advised that a few Releases have been amended without legal advice including amendments to the indemnity clause in the Release for reasons that are not apparent to me. In my view, for consistency of treatment of exiting employees, the Release should not be amended in any respect unless for exceptional circumstances and on legal advice.

Conclusions:

It is recommended that the present form of the Release not be amended. It protects the City from further liability to exiting employees and additional costs that may arise from its statutory duties under the Income Tax Act.

Contact Name:

George S. Monteith - 392-8062.

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Appendix "A"

AND FOR THE SAID CONSIDERATION, I further covenant and agree to save harmless and indemnify the Releasee from and against any and all claims, charges, taxes, penalties or demands which may be made by the Minister of National Revenue requiring the Releasee to pay income tax, charges, taxes, or penalties under the Income Tax Act (Canada) in respect of income tax payable by me in excess of income tax previously withheld; and in respect of any and all claims, charges, taxes, or penalties and demands which may be made on behalf of or related to the Canada Employment Insurance Commission and the Canada Pension Commission under the applicable statutes and regulations with respect to any amounts which may in the future be found to be payable by the Releasee in respect to the Releasor.

Employment Equity Data for New Hires and Layoffs -

Comparison of December 1997 and September 1998

(City Council on November 25, 26 and 27, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee reports having requested the Executive Director of Human Resources to:

(1)submit a report directly to Council for its meeting scheduled to be held on November25, 1998:

(i)on the relevant statistics from the former City of Toronto and the former Metropolitan Toronto, if possible using historical data, and if not possible to a future meeting of the Corporate Services Committee; and

(ii)on whether the GTA or CMA data is the most appropriate data to utilize; and

(2)submit a report to the Corporate Services Committee providing employment equity data with respect to any future positions that are terminated.

The Corporate Services Committee submits the following report (November 9, 1998) from the Executive Director of Human Resources:

Recommendation:

It is recommended that this report be received for information.

Council Reference/Background/History:

On June 22, 1998, the Corporate Services Committee requested that the Executive Director of Human Resources submit a report on November 9, 1998, to the Corporate Services Committee providing employment equity data for of all new hires, layoffs (both permanent and temporary workers) with a comparison between December, 1997 and September, 1998.

Comments and/or Discussion and/or Justification:

The information in this report includes employee information from all of the new City departments including the following divisions of the Community and Neighbourhood Services Department: Children's Services, Homes for the Aged, Social Services, Hostels and Social Development. It also includes information on Level 1 to Level 4 employees in the Library, the Toronto Parking Authority and Public Health. The information in the areas noted above was included to facilitate a consistent comparison of employment equity demographics included in this report.

New City of Toronto Management Hires - Level 1 to Level 4:

It is estimated that there will be 174 Level 1 to Level 4 senior management positions. Levels 1 to4 are reporting levels representing the top 4 levels of management where Level 1 is the Chief Administrative Officer, as identified in the following chart. More than 90percent (159) of these positions have been staffed. The staffing for many of the remaining positions is currently under way.

The following chart outlines the Level 1 to Level 4 hires that have taken place from December 1997 to September 1998.

New City of Toronto Management Hires - Level 1 to Level 4 December 1997 to September 1998
Department	Position	Totals
Chief Administrative Office	1-CAO	1
Community and Neighbourhood Services	1- Commissioner 4-General Managers 1-Chief Operating Officer, Toronto Housing Company 1-Medical Officer of Health 1-City Librarian 1-Executive Director 4-Regional Directors 15 - Directors	28
Corporate Services	1-Commissioner 1-City Auditor 1-City Clerk 1-City Solicitor 1-Corporation Counsel 23 - Directors 3-Executive Directors 3-Senior Managers 1-Manager, Administration	35
Economic Development Culture and Tourism	1-Commissioner 4-Directors 1-General Manager	6
Finance	1-CFO and Treasurer 5-Directors 30 - Managers	36
Urban Planning and Development Services	1-Commissioner 2-Executive Directors 1-General Manager 13 - Directors 4-Managers	21
Works and Emergency Services	1-Commissioner 1-President, Parking Authority 1-Fire Chief 4-Deputy Fire Chiefs 1-Executive Director 1-Acting General Manager 3-General Managers 20 - Directors December 1997 - September 1998 Sub-Total	159

Employment Equity Demographics:

Only three of the seven amalgamated cities maintained employment equity information. This information exists for 65.2percent of the workforce representing only the employees that filled in an equity survey. For these reasons, comparisons to past equity demographics are difficult to make. However, a comparison to Statistics Canada 1996 and 1991 Census Metropolitan Area (CMA) figures is included in appendix A for illustrative information.

Information on the impact of the exits on the four employment equity designated groups is not available.

Employment Equity Demographics for Level 1 to Level 4 New City Appointments:

At it's meeting of January 19, 1998, City Council approved the "Staffing Strategy for Management and Excluded Staff", appropriate for an amalgamation, that emphasized the selection of existing municipal staff in meeting the business needs of the departments. The result of this approach is a candidate pool consisting primarily of internal applicants. There have been 5 external hires (or 3percent) of the 159 hires in the Levels 1 to 4.

The following information shows the current employment equity demographics of 121 of the Level1 to Level 4 hires with respect to the four designated employment equity groups - women, racial minorities, Aboriginal people, and persons with disabilities. The remainder of the hires into Level1 to Level 4 positions will be surveyed shortly.


Total No. of Employment Equity Survey Respondents	Representation of women in Level 1 to Level 4 positions	Representation of racial minorities in Level 1 to Level 4 positions	Representation of Aboriginal people in Level 1 to Level 4 positions	Representation of persons with disabilities in Level 1 to Level 4 positions
121	38 Percent	12 Percent	0 Percent	2 Percent

Conclusions:

Of the estimated 174 Level 1 to Level 4 senior management positions, more than 90percent have been staffed.

Only three of the seven amalgamated cities maintained employment equity information. This information exists for 65.2percent of the workforce representing only the employees that filled in an equity survey. Given that equity data is missing for approximately 35percent of the workforce, comparisons to past equity demographics is not possible.

Contact Name:

Alison Anderson

Human Resources Director, Employment Services, 392-5028

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The Corporate Services Committee reports, for the information of Council, also having had before it a communication (November 5, 1998) from the President, Canadian Union of Public Employees, Local 79, registering concern respecting the level of women, racial minorities and people with disabilities who are employed at the management levels; advising that the aforementioned report fails to compare the current levels of representation to the former municipalities and suggesting that it is both possible and necessary to make this comparison.

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Appendix A

Employment Equity Demographics for The City of Toronto

In Comparison with Statistics Canada's 1996 and 1991 Census Metropolitan Area Percentages

*Representation of women in the City of Toronto as of August 1998 as a percentage of the whole workforce	1996 Census Metropolitan Area - Statistics Canada Percentage
41.9Percent	51.2 Percent

*The City of Toronto's active workforce figures are updated on a bi-monthly basis. The next update will represent the workforce as of October, 1998. At the time of writing this report information as of August, 1998, was available and used in the chart above. Information on the representation of women relative to the whole workforce was made possible by using payroll information.

Representation of racial minorities in the City of Toronto as a percentage of Employment Equity Survey respondents	1996 Census Metropolitan Area - Statistics Canada Percentage
27.1 Percent	31.6 Percent

Representation of Aboriginal people in the City of Toronto as a percentage of Employment Equity Respondents	* 1991 Census Metropolitan Area - Statistics Canada Percentage
1.1 Percent	0.9 Percent

*The 1996 Census Metropolitan Area percentage for the representation of Aboriginal people is not available therefore, the 1991 Census Metropolitan Area percentage was listed above.

Representation of persons with disabilities in the City of Toronto as a percentage of Employment Equity Respondents	*1991 Census Metropolitan Area - Statistics Canada Percentage
5.5 Percent	4.9 Percent

*The 1996 Census Metropolitan Area percentage for the representation of persons with disabilities is not available therefore, the 1991 Census Metropolitan Area percentage was listed above.

(City Council on November 25, 26 and 27, 1998, had before it, during consideration of the foregoing Clause, the following report (November 24, 1998) from the Executive Director of Human Resources:

At its meeting of November 9, 1998, Corporate Services Committee, in consideration of the above report, requested additional historical data from the former City of Toronto and Metropolitan Toronto.

Additional time is required to collect the requested data. The information will be reported bakc to a future meeting of Corporate Services as per their direction for this curcumstance.)

(City Council also had before it, during consideration of the foregoing Clause, the following report (November 25, 1998) from the Executive Director of Human Resources:

Recommendations:

It is recommended that this report be received for information.

Council Reference/Background/History:

The Corporate Services Committee requested that the Executive Director of Human Resources submit a report on November 25, 1998 to Council, or to a future meeting of the Corporate Services Committee on the relevant employment equity statistics from the former City of Toronto and the former Municipality of Metropolitan Toronto using historical data.

Comments and/or Discussion and/or Justification:

Employment equity information from the former City of Toronto and Metro, as well as the former City of North York has been included in this report.

Employment Equity Demographics for Executive Staff

The former City of Toronto, Metro and City of North York maintained employment equity information. In these municipalities there were 112 employees in executive positions prior to amalgamation. This is the group that best corresponds to the senior management positions in the new City. Employment equity demographics are available for 73 per cent (82 employees) of this employee group and are outlined in the following table:

Total # of Employment Equity Survey Respondents	Representation of women in executive level positions	Representation of racial minorities in executive level positions	Representation of Aboriginal people in executive level positions	Representation of persons with disabilities in executive level positions
82	29%	7%	0%	5%

It is estimated that there will be 174 Level 1 to Level 4 senior management positions in the new City of Toronto. These are reporting levels representing the top 4 levels of management where Level 1 is the CAO. The following information shows the current employment equity demographics for 121 of the Level1 to Level 4 hires with respect to the four designated employment equity groups Õ women, racial minorities, Aboriginal people, and persons with disabilities. The remainder of the hires into Level 1 to Level 4 positions will be surveyed shortly.

Total # of Employment Equity Survey Respondents	Representation of women in Level 1 to Level 4 positions	Representation of racial minorities in Level 1 to Level 4 positions	Representation of Aboriginal people in Level 1 to Level 4 positions	Representation of persons with disabilities in Level 1 to Level 4 positions
121	38%	12%	0%	2%

The Census Metropolitan Area (CMA) employment equity demographics as identified by Statistics Canada are as follows:

1996 CMA -Representation of women	1996 CMA - Representation of racial minorities	1991 CMA - Representation of Aboriginal	1991 CMA - Representation of persons with disabilities
51.2%	31.6%	0.9%	4.9%

The CMA includes the Regional Municipalities of Halton - except for Burlington, Peel, and York, the City of Toronto, and the Towns and Townships of Orangeville, Mono, New Tecumseth, Bradford West Gwillimbury, Uxbridge, Pickering, and Ajax. The CMA has historically been used for comparison purposes since approximately 30 per cent of the City's workforce is drawn from outside of the City of Toronto's boundaries.

The Greater Toronto Area (GTA) includes the City of Toronto and the Regional Municipalities of Halton, Peel, York and all of Durham. It is felt that this is too broad an area for comparison purposes.

Conclusions:

The representation of women in Level 1 - 4 positions in the new City of Toronto is 38 per cent as compared to 29 per cent which is the combined representation of women in executive level positions in the former Municipalities of Toronto, North York and Metro.

The representation of racial minorities in Level 1 - 4 positions in the new City of Toronto is 12 per cent as compared to 7 per cent which is the combined representation of racial minorities in executive level positions in the former Municipalities of Toronto, North York and Metro.

The representation of Aboriginal people in Level 1 - 4 positions in the new City of Toronto is 0 per cent as compared to 0 per cent which is the combined representation of Aboriginal people in executive level positions in the former Municipalities of Toronto, North York and Metro.

The representation of persons with disabilities in Level 1 - 4 positions in the new City of Toronto is 2 per cent as compared to 5 per cent which is the combined representation of persons with disabilities in executive level positions in the former Municipalities of Toronto, North York and Metro.

The CMA is used for comparison purposes since 30 per cent of the City's workforce is drawn from outiside of the City of Toronto's boundaries and it is felt that the GTA encompasses too broad an area.

Contact Name:

Alison Anderson, Director

Human Resources, Employment Services

392-5028)

Actuarial Valuation Results - Toronto Civic Employees

Pension and Benefit Fund (The Civic Fund) and

the Toronto Fire Department Superannuation and

Benefit Fund (The Fire Fund)

(City Council on November 25, 26 and 27, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (October27, 1998) from the Chief Financial Officer and Treasurer:

Purpose:

To present the results of the actuarial valuation as at December 31, 1997, of the Toronto Civic Fund and the Toronto Fire Fund and to submit recommendations for benefit improvements. As well, this report should serve to initiate discussions with the plan stakeholders with respect to the plans assuming full responsibility for their administrative and operational costs.

Funding Sources, Financial Implications and Impact Statement:

There are no funding implications relating to this report.

Recommendations:

It is recommended that:

(1)(a)effective January 1, 1998, the pension benefit payable to eligible survivors of former members of the Civic and Fire Plans be increased from 60 percent of the former member's pension at time of death to 66 and 2/3 percent;

(b)pensions to surviving spouses of former members, which commenced prior to January1, 1998, and which continue to be in payment on the date Council adopts this recommendation be increased to 66 2/3 percent effective January 1, 1998;

(c)that for a five year window (subject to annual review) commencing January 1, 1998, unreduced early retirement be available upon attaining 30 years of credited service;

(d)that effective January 1, 1998, employee and employer contribution rates in the Civic Plan be reduced from 7 percent to 5 percent less Canada Pension contributions, and in the Fire Plan from 7.5 percent to 5.5 percent less Canada Pension contributions, and that effective with the pay period including August 1, 1998, a one year contribution holiday be instituted;

(e)that effective January 1, 1998, an interim increase of $6.90 in the semi-monthly pensions for certain disability pensioners and $4.20 per semi-monthly payment to surviving spouses of disability pensioners whose pensions were formerly indexed on the basis of increases to Workers compensation pension;

(f)that the City exercise its right to offset unfunded liabilities arising from post-1988 benefit improvements in the Fire Department Superannuation and Benefit Fund in an amount equal to the actuarial value of the pension increases provided of July 1, 1998, in the amount of $4,833,000.00; and

(2)the Chief Financial Officer and Treasurer approach the stakeholders of the Toronto Civic Employees' Pension and Benefit Fund and the Toronto Fire Department Superannuation and Benefit Fund with the view that the pension funds should bear the proportionate share of the total administration costs of the plans in order to allocate actuarial gains more equitably.

Background:

The actuarial valuations of the Toronto Civic Employees' Pension and Benefit Fund and the Toronto Fire Department Superannuation and Benefit Fund as at December 31, 1997, indicate that both funds are in significant actuarial surplus positions.

The pension plans actuarial surplus increased in 1997 from $74,703,000.00 to $126,945,000.00 for the Civic Plan and from $48,795,000.00 to $64,190,000.00 for the Fire Plan primarily as a result of excellent investment returns. Other contributing factors were lower than assumed wage increases and low inflation.

The plan documents as filed with the Pension Commission of Ontario provide that surpluses may only be used to provide pension improvements. The surpluses are notionally allocated to provide inflation protection under plan provisions which index pensions to the less of excess return and the CPI when surpluses are present.

At the beginning of 1998, the Ontario Municipal Employees' Retirement System (OMERS) instituted a number of benefit improvements in order to reduce their growing surplus. These included improved spousal and survivor pensions, an 85 Factor early retirement program, reduced early retirement reduction factors and a contribution reduction. Effective August 1, 1998, they also imposed a one year contribution holiday. Similar changes as recommended by the actuary to the Metro Pension Plan and the Metro Police Pension Plan were approved by Council earlier this year.

The pensioners associations representing retired members of the Civic and Fire Plans have requested similar improvements. In light of the significant actuarial surpluses in the plans it is appropriate to improve the plans as set out in the Recommendations Nos.1(a)-1(d).

Recommendation No.1(e) pertains to the indexing provisions which are contained in the plan documents. Under the indexing provisions, pensions are increased each July 1^st , by the lesser of the increase in the consumer price index and the excess invest return of the fund were surpluses exist.

Prior to formally incorporating indexing into the plans, adhoc indexing using a similar formula was provided on an annual basis to most pensioners each July 1^st. One small group of disabled fire fighters had since 1984, been indexed on January 1^st of each year on the same basis as the indexing formula for Workers Compensation Board benefits. As the elapsed time between their last adhoc increase and the first increase under the formalized policy is 18 months, it would be appropriate to provide additional inflation protection for the six month period from January 1, to June 30, 1998 to bring them in line with all other fire pensioners. I recommend that the additional increase be $6.52 per pay for pensioners and $1.96 per pay for surviving spouses, the difference between the last increase this group received and the amount all other fire pensioners received on July 1, 1997.

Recommendation No.1(f) also pertains to the indexing programs. The plans provide that where after 1988, the City approves a benefit improvement such as indexing at a time when the plan is not in a surplus position and the City is required to fund those improvements, the City may offset its costs against future surpluses arising in the plans. During 1988 to 1991, the Fire Plan was in a deficit position due to adverse actuarial and investment experience. In order to provide pension indexing under its adhoc policy, the City as plan sponsor was required to fund these increases. In 1992, the plan returned to a surplus position and the City has in each year since, offset its unfunded liabilities by an amount equal to the actuarial cost of adhoc pension increases at the time those increases were granted. It is recommended that the City continue this approach and elect to offset $4,833,000.00 of the remaining unfunded liabilities effective July 1, 1998. The City's 1998 budget estimates projected this reduction in unfunded liability payments.

The City of Toronto currently bears the cost of general administration of these pension plans. Negotiations are recommended to take place with the four Trustees of the pension plans who do not currently share in these costs with the intent that they bear their proportionate share of the estimated annual cost of $745,000.00. The Finance Department is currently being reorganized and this process should offer opportunities for efficiencies.

Comments:

The Corporate Services Committee in approving similar benefit improvements in the Metro Pension Plan and Metro Police Pension Plan directed the City Treasurer to approach the stakeholders of the City's private pension plans with a view to the plans picking up their full administrative costs in the same manner as the OMERS plan does. The benefit recommendations contained in this report were initiated in response to improvements in the OMERS plan and employee group requests for parallel improvements in the Civic and Fire Plans. It would be appropriate that the treatment of administrative costs for the private plans also parallel those for the OMERS plan.

The Pension Committee of the Civic fund and the Benefit Fund Committee of the Fire Plan at their September 1998 meetings endorsed the recommended benefit improvements.

Contact Name:

Ivana Zanardo

Director, Pension, Payroll and Employee Benefits

397-4143

(A copy of the Actuarial Valuation Report as of December 31, 1997, prepared by Buck Consultants Ltd., was forwarded to all Members of Council with the November 9, 1998, agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)

(Councillor Ashton, at the meeting of City Council on November 25, 26 and 27, 1998, declared his interest in the foregoing Clause, in that his father-in-law is a member of the Toronto Civic Employees Benefit Fund.)

Actuarial Valuation Results -

The City of York Employee Pension Plan

(City Council on November 25, 26 and 27, 1998, deferred consideration of this Clause to the next regular meeting of City Council to be held on December 16, 1998.)

The Corporate Services Committee recommends the adoption of the following report (October27, 1998) from the Chief Financial Officer and Treasurer:

Purpose:

To forward the Report on the Actuarial Valuation of the City of York Employee Pension Plan as at January 1,1998, and to submit a request for additional funding as required under the Pension Benefit Act of Ontario.

Funding Sources, Financial Implications and Impact Statement:

Funds are available in the Employee Benefit Reserve Fund to deal with the one time payment described in this report.

Recommendations:

It is recommended that:

(1)the Report on the Actuarial Valuation of the City of York Employee Pension Plan be received for information; and

(2)approval be granted to fund the $829,602.00 additional one-time payment from the Employee Benefit Reserve Fund.

Background:

The Actuary has completed his valuation and report of The Corporation of the City of York Employee Pension Plan as at January 1, 1998. The purpose of this valuation is to determine the funded status of the plan on a going concern and solvency basis and establish the minimum funding requirements for 1998. The last valuation was as at January 1, 1995.

The valuation of the plan on a going concern basis determines the relationship between the respective values of assets and accumulated benefits, assuming the plan will be maintained indefinitely. The results of the valuation as at January 1,1998 indicates a funding excess (surplus) of $4,503,000.00 compared to $1,669,000.00 as at January 1, 1995. There was a subsequent post retirement adjustment granted as calculated under the By-law that decreased the going concern funding excess by $1,407,000.00.

The main reason for the increase in the funding excess was due to a positive plan experience on investment returns of $9,146,000.00. This was offset by losses for the granting of cost of living adjustments, reductions in special payments and mortality experience.

The actuary advises that the funding excess of $4,503,000.00 may be used to eliminate the previous special payment of $602,760.00 annually for unfunded liability and reduce the payments for the post retirement adjustment granted July 1,1995, from $66,252.00 annually to $30,780.00.

The Ontario Pension Benefits Act requires that when a pension plan is reviewed its financial status must be examined on a "solvency basis" as well as on that of an ongoing arrangement. A solvency type valuation is intended to duplicate the valuation that would be performed if the Plan were discontinued, in its entirety, as of the date of valuation. If a deficit emerges on the solvency basis, the Act prescribes that such deficit may be amortized over five years or until December 31, 2002, if later. The actuarial opinion must specify the amount of solvency deficit and the proposed method for its amortization.

In the actuary's opinion, the plan's assets would be less than its actuarial liabilities if the plan were to be wound up on January 1,1998. Actuarial liabilities would exceed the plan assets by $14,014,000.00. The actuary has advised that it would require special payments of $1,389,000.00 annually to December 2002 to eliminate this solvency deficiency.

Comments:

Allowance was made in the 1998 budget for special payments to the City of York Employees Pension Plan in the amount of $670,000.00. The former City of York funded this Plan on a minimum funding basis and it is recommended that we continue this policy. The effect of the funding requirements, disclosed in the actuarial report, is to increase the current year expenditure from the budgeted amount of $670,000.00 to $1,498,614.00. The net changes in budget are as follows:

	1997	1998	1999
1-1-93 Unfunded liability	$602,760.00	-	-
1-7-95 Post Retirement Adjustment	$ 66,252.00	$ 30,780.00	$ 30,780.00
1-7-98 Post Retirement Adjustment	-	$ 78,834.00	$ 157,668.00
Solvency Deficiency	-	$1,389,000.00	$1,389,000.00
Total	$669,012.00	$1,498,614.00	$1,577,448.00
Net Change		+$ 829,602.00	+$ 78,834.00

The City of Toronto is required by the Pension Benefit Act of Ontario to make these special pension contributions to the City of York Employee Pension Plan.

The City currently administers five pension plans which were in existence prior to OMERS. The Finance Department is undertaking a review of the relationship of these plans to the City with the goal to reduce or eliminate the administration costs and limit the City's liability.

Conclusion:

The City should continue to maintain its minimum funding policy in regards to this pension plan. An actuarial review should be done on an annual basis for the purpose of assessing the level of funding required.

Contact Name:

Ivana Zanardo

Director, Pension, Payroll and Employee Benefits

397-4143

(A copy of the Corporation of the City of York Employee Pension Plan - Report on the Actuarial Valuation for Funding Purposes as at January 1, 1998, prepared by William M. Mercer Limited, was forwarded to all Members of Council with the November 9, 1998, agenda of the Corporate Services Committee and a copy thereof is on file in the office of the City Clerk.)

Ontario Human Rights Commission - Minutes of

Settlement Regarding Employment Equity Complaint

(City Council on November 25, 26 and 27, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the Recommendations of the Corporate Services Committee embodied in the confidential communication (November 9, 1998) from the City Clerk, respecting "Ontario Human Rights Commission - Minutes of Settlement Regarding Employment Equity Complaint, which was forwarded to Members of Council under confidential cover.

(City Council on November 25, 26 and 27, 1998, had before it, during consideration of the foregoing Clause, a confidential communication (November 9, 1998) from the City Clerk, forwarding the recommendation of the Corporate Services Committee with respect to a confidential joint report (October 13, 1998) from the Chief Administrative Officer and the Executive Director of Human Resources, such report to remain confidential in accordance with the Municipal Act.

(Extract from the confidential joint report dated October 13, 1998

from the Chief Administrative Officer and

the Executive Director of Human Resources.)

Recommendation:

It is recommended that the Minutes of Settlement from the Ontario Human Rights Commission regarding File No. TC-003174 be recommended to Council for approval.)

Provision of Historic Food Service at Fort York

(City Council on November 25, 26 and 27, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the confidential report (October 23, 1998) from the Managing Director, Toronto Historical Board (Heritage Toronto), entitled "Provision of Historic Food Service at Fort York", which was forwarded to Members of Council under confidential cover.

(City Council on November 25, 26 and 27, 1998, had before it, during consideration of the foregoing Clause, a confidential report (October 23, 1998) from the Managing Director of the Toronto Historical Board (Heritage Toronto) respecting this matter, such report to remain confidential in accordance with the Municipal Act.

(Extract from the confidential report dated October 23, 1998

from the Managing Director of the Toronto Historical Board [Heritage Toronto])

Recommendations:

That Heritage Toronto be authorized to enter into a contract with Jessup Food and Heritage under the terms and conditions described below and any other terms required by the City Solicitor in consultation with Board staff to protect the City's interest.)

Acquisition of 40 Wabash Avenue for

a Municipal Recreation Facility -

Request to Proceed with the Acquisition

(Ward 19 - High Park)

(City Council on November 25, 26 and 27, 1998, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the Recommendations of the Corporate Services Committee embodied in the confidential communication (November 16, 1998) from the City Clerk respecting the potential acquisition of 40 Wabash Avenue, which was forwarded to all Members of Council under confidential cover.

(City Council on November 25, 26 and 27, 1998, had before it, during consideration of the foregoing Clause, a confidential communication (November 16, 1998) from the City Clerk, forwarding the recommendation of the Corporate Services Committee with respect to the confidential report (November 4, 1998) from the Commissioner of Corporate Services, such report to remain confidential in accordance with the Municipal Act.

(Extract from the confidential report dated November 4, 1998

from the Commissioner of Corporate Services

as amended by the Corporate Services Committee.)

Recommendations:

It is recommended that:

(1)City Council exempt 40 Wabash Avenue from the 1993 policy approved by the former City of Toronto that only land having soil which meets the Ministry of the Environment and Energy's requirement for proposed uses, be acquired by the City, noting that remediation measures satisfactory to the Ministry of Environment and Energy will be pursued;

(2)the acquisition of 40 Wabash Avenue be amended in accordance with this report and the transaction be closed on December 18, 1998; and

(3)the City officials be authorized to take the necessary actions to give effect thereto.)

Other Items Considered by the Committee

(City Council on November 25, 26 and 27, 1998, received this Clause, for information.)

(a)Sale of "Property Houses" (Wards 20, 21, 23, 25 and 26 - Former City of Toronto).

The Corporate Services Committee reports having:

(1) recommended to the Strategic Policies and Priorities Committee and Council:

(A)the adoption of Recommendations Nos. (1) and (3) of the Board of Directors of the City of Toronto Non-Profit Housing Corporation (Cityhome) and the Board of Directors of the Metropolitan Toronto Housing Company Limited (MTHCL) embodied in the communication (September 18, 1998) from the Corporate Secretary, Board of Directors of the City of Toronto Non-Profit Housing Corporation (Cityhome) and the Board of Directors of the Metropolitan Toronto Housing Company Limited (MTHCL), viz:

"That the Board of Directors:

(1)recommend to the City of Toronto that the ownership of all the "Property Houses" be transferred at no cost to the new amalgamated Municipal Housing Company so that this portfolio can be used to provide affordable housing for families directly or through any sale proceeds;

(3) recommend that City of Toronto Council authorize the appropriate officials to take the necessary action to give effect thereto.";

(B)that the appropriate staff be requested to further explore the options for such housing stock in order to maximize its potential for social housing purposes, given:

(a)the extent of the current waiting lists for affordable family housing; and

(b)that City Council has previously advised the Minister of Municipal Affairs and Housing and the Chairs of the Boards of the Ontario Housing Corporation (OHC) and the Metropolitan Toronto Housing Authority (MTHA) of its opposition to the sale of the scattered houses owned by OHC in the City of Toronto;

(C)that existing tenants receive the right to purchase his/her own specific unit within any of the subject properties that are of the following type: a duplex, triplex or fourplex;

(D)that Corporate Services Committee and Council approval be required for any proposed sales; and

(E)that the Chief Administrative Officer be requested to report to the Corporate Services Committee on the disposition of any monies forthcoming from such sales; and

(2)requested the Commissioner of Corporate Services to submit a report to the Strategic Policies and Priorities Committee when this matter is being considered, providing an economic analysis to determine on a unit basis which units should be sold in order to provide the optimum amount of affordable housing if such revenues were used for housing subsidies:

(a)(October26, 1998) from the Commissioner of Corporate Services, recommending that:

(1)Option No. 2 as set out in the body of this report be adopted;

(2)subject to the Board of Cityhome passing a resolution to do so, the existing leases between Cityhome and The Corporation of the City of Toronto be terminated in the manner described in this report;

(3)City Council declare that, upon the leases having been terminated, the 55houses owned by the City of Toronto, as set out in Appendix I, are surplus;

(4)notice to the public of the proposed disposition of the lands declared surplus be given;

(5)the Commissioner of Community and Neighbourhood Services be directed to continue to work with co-operative housing providers respecting their possible acquisition of some of the properties and to report back in the spring of 1999;

(6)the Commissioner of Community and Neighbourhood Services consult with the non-profit housing providers and community agencies and report further if any of these groups are interested in acquiring available properties prior to their sale on the open market;

(7)the Commissioner of Corporate Services be authorized to market those properties which the previous owners and/or tenants, non-profit housing providers and community agencies and co-operative housing providers do not wish to purchase through a real estate broker for a listing price to be determined in consultation with the listing broker;

(8)funds in the amount of $1,059,000.00 be allocated to discharge the existing mortgage and that the City Treasurer report directly to City Council on the appropriate source of these funds;

(9)the City Surveyor, in consultation with the Director, Development and Support, Parks and Recreation, be directed to prepare a survey of the north portion of 144 Balsam Avenue and that this portion of the property be retained by the City in fee simple or, if retention in fee simple results in contravention of the zoning by-law for the remainder of that property, that the City's use of the portion be effected by way of an easement;

(10)the property interest recommended for retention pursuant to Recommendation No.(9), be placed under the jurisdiction of the Parks and Recreation Division for park purposes;

(11)the Commissioner of Community and Neighbourhood Services, in consultation with the Commissioner of Corporate Services report directly to Council on an interim management arrangement for the Property Houses, pending sale;

(12)the Commissioner of Community and Corporate Services and the Commissioner of Corporate Services submit a joint report recommending policies governing the use of property assets to meet social objectives; and,

(13)the appropriate officials be authorized and directed to take the necessary action to give effect to the foregoing.

(b)(June 11, 1998) from the Commissioner of Corporate Services, seeking City Council authority to declare the "property houses" in the former City of Toronto on attached Appendix I (save and except for those five properties currently leased to community based housing providers and also identified on attached Appendix I) as surplus to the City's requirements and authorize the sale of these properties on the open market; advising that the issue of allocation of funds will be addressed in a separate joint report from the Commissioner of Corporate Services and the Commissioner of Community Services recommending policies on the use of property assets to meet social objectives; and submitting recommendations in regard thereto.

(c)(May 11, 1998) from the Commissioner of Corporate Services, seeking City Council authority to declare the "property houses" in the former City of Toronto on attached Appendix I (save and except for those four properties currently leased to community based housing providers and also identified on attached Appendix I) as surplus to the City's requirements, and authorize the sale of these properties on the open market; advising that the total of the current value assessment for the 56 property houses recommended to be declared surplus in this report is $11,134,845.00; and submitting recommendations in regard thereto.

(d)(May 25, 1998) from the Corporate Secretary, Board of Directors of the City of Toronto Non-Profit Housing Corporation (Cityhome) and the Board of Directors of the Metropolitan Toronto Housing Company Limited (MTHCL), advising that the Board of Directors of the City of Toronto Non-Profit Housing Corporation (Cityhome) and the Board of Directors of the Metropolitan Toronto Housing Company Limited (MTHCL) on May 25, 1998, during its consideration of a report (May 11, 1998) addressed to the Corporate Services Committee from the Commissioner of Corporate Services, headed "Sale of Property Houses", recommended to the Corporate Services Committee that it:

(1)defer consideration of the report (May 11, 1998) from the Commissioner of Corporate Services; and

(2)request the General Manager, Cityhome and the General Manager, MTHCL, to submit a joint report to the Corporate Services Committee, on alternative methods to retain these property houses for Social Housing purposes; and

that the Board of Directors also requested the General Managers to submit the aforementioned report to the Boards' Asset Management Committee for comment, prior to its submission to the Corporate Services Committee, if the Corporate Services Committee approves the foregoing Recommendations Nos. (1) and (2).

(e)(June 18, 1998) from Ms. Peggy Birnberg, Executive Director, Houselink Community Homes, advising that as a housing provider in the City of Toronto, they are greatly disappointed to learn that the Corporate Services Committee will be considering a proposal to sell selected City-owned residential properties; and stating that it is not in the interest of the citizens of Toronto to have a municipal government that treats a precious few units of housing as a revenue generating commodity and that it is in everyone interest that the municipal government demonstrates a willingness to fight against the trend of simple, short-term, money saving solutions, and to work with groups and organizations struggling to make this city more humane.

(f)(September 18, 1998) from the Corporate Secretary, Board of Directors of the City of Toronto Non-Profit Housing Corporation (Cityhome) and the Board of Directors of the Metropolitan Toronto Housing Company Limited (MTHCL), advising that The Boards of Directors on September 14, 1998, recommended that the Corporate Services Committee recommend to Council the adoption of Recommendations Nos.(1) and (3) contained in the report (September 9, 1998) from the Acting Chief Operating Officer; and that The Boards of Directors also decided to advise the Corporate Services Committee that the Boards would appreciate the City's support of the request to have the ownership of these property houses transferred to the amalgamated Toronto Housing Company, and to allow staff to further explore the options for such housing stock in order to maximize its potential for social housing purposes, given:

(a)the extent of the current waiting lists for affordable family housing; and

(g)(September 9, 1998) from Councillor Sandra Bussin, East Toronto - Ward 26, requesting that the Committee consider the following:

"that existing tenants receive the right to purchase his/her own specific unit within any of the subject properties that are of the following type: a duplex, triplex or fourplex"

So that a tenant who wishes to purchase will have the option to purchase a single unit only.

(h)(August 21, 1998) from Ms. Kimberly L. Beckman, Davies, Howe Partners, advising that she has been retained by Ms. Sherron Sayliss, a resident of 1 Hubbard Boulevard for a number of years; that her client and a number of her neighbours are interested in purchasing the building located at 1 Hubbard Boulevard; and forwarding a proposal respecting the use of the buildings located in the area.

(i)(September 25, 1998) from Commissioner of Community and Neighbourhood Services, recommending that the Corporate Services Committee give serious consideration to the proposal of the Housing Company Board that would transfer ownership of the Property Houses to the Company for affordable housing purposes, prior to considering other options that would result in their sale to the tenants or others at market value.

(j)(October 7, 1998) from Councillor Jack Layton, Don River, recommending that:

(1)all vacant units in the City's "Property Houses" portfolio be immediately rented to households in the emergency shelter system and/or families and individuals on the City's Housing Connections waiting list;

(2)the City retain the ownership of all houses in the portfolio and that the City Housing Company manage this stock in a manner that maximizes the number of affordable units available for low-income families;

Or alternatively

(3)the City delay any decisions to sell units in the Property Houses portfolio for 12 months to facilitate the review of recommendations of the Mayor's Homelessness Action Task Force with regard to the use of municipal assets for the reduction of homelessness.

(k)(Undated) from the Commissioner of Corporate Services, forwarding Appendix 1, entitled "Property House Portfolio", Appendix 2, entitled "Property Houses Survey" and Appendix 3 "Map Ref. No. GLSTR-B".

(l)(November 5, 1998) from Mr. Joe Hayes, registering concern respecting the process recommended for the sale of "Property Houses".

(m)(October 30, 1998) from the Corporate Secretary, Board of Directors of the City of Toronto Non-Profit Housing Corporation (Cityhome) and the Board of Directors of the Metropolitan Toronto Housing Company Limited (MTHCL), advising that The Board of Directors of The City of Toronto Non-Profit Housing Corporation (Cityhome) and theBoard of Directors of The Metropolitan Toronto Housing Company Limited (MTHCL) on October 26, 1998, during their consideration of a communication (October 9, 1998) from the City Clerk, advising of the action taken by the Corporate Services Committee on October 9, 1998, respecting City-owned property houses re-affirmed their decision made on September 14, 1998, with respect to the City-owned property houses, viz:

"The Boards of Directors recommended that the Corporate Services Committee recommend to Council the adoption of the following Recommendations Nos. (1) and(3) contained in the report (September 9, 1998) from the Acting Chief Operating Officer:

(3) authorize the appropriate officials to take the necessary action to give effect thereto; and

decided to advise the Corporate Services Committee that the Boards would appreciate the City's support of the request to have the ownership of these property houses transferred to the amalgamated Toronto Housing Company, and to allow staff to further explore the options for such housing stock in order to maximize its potential for social housing purposes, given:

(a)the extent of the current waiting lists for affordable family housing; and

(n)(September 28, 1998) from Mr. Chris Papadatos and Mr. Harry Weisbaum, forwarding comments respecting the sale of Property Houses in Ward 26.

________

Mr. Derek Ballantyne, Chief Operating Officer, Toronto Housing Company, gave a presentation to the Corporate Services Committee respecting the Sale of "Property Houses".

The following persons appeared before the Corporate Services Committee in connection with the foregoing matter:

-Mr. Tom Clement, Executive Director, Co-operative Housing Federation of Toronto;

-Ms. Colleen Wagner;

-Mr. Gilmore on behalf of his wife, Aline Gilmore;

-Ms. Sherron Sayliss;

-Mr. John Alexander;

-Mr. John Deacon, and Mr. Carmel Hili, Toronto Christian Resource Centre;

-Mr. Geoffrey Hill;

-Ms. Theresa Dornellas, appearing on behalf of her father;

-Mr. Kenneth Pantlin; and

-Ms. Evan Wilson.

The following Members of Council appeared before the Corporate Services Committee in connection with the foregoing matter:

-Councillor Sandra Bussin, East Toronto;

-Councillor Tom Jakobek, East Toronto;

-Councillor Jack Layton, Don River; and

-Councillor Joe Pantalone, Trinity - Niagara.

(b)External Legal Firms Retained For Insurance Claim Defence.

The Corporate Services Committee reports having received the following joint report; and having requested the Chief Administrative Officer and the Chief Financial Officer and Treasurer, in their forthcoming report, to address the former issuance reserve fund from which litigations such as the Jane Doe case was funded:

(October 16, 1998) from the Chief Administrative Officer and Chief Financial Officer and Treasurer, reporting, for information purposes, on the use of external legal firms retained for insurance claim defence purposes; advising that City Council on July 29, 30 and 31, 1998, referred a motion to the Corporate Services Committee in regard thereto; that staff is in the process of compiling available insurance claims data to show all outstanding claims in litigation, the external defence counsel used, legal costs to date and those amounts paid from the Insurance Reserve Fund; that the formation of the City's Insurance and Risk Management Section within the Finance Department will provide a stable platform for the establishment of claims handling procedures and the consolidation of claims information from the former Toronto municipalities; that the formation of these two important risk management initiatives will be the basis of further reports to the Corporate Services Committee; that staff will compile the information requested and respond to City Council's request; and recommending that this report be received for information purposes.

(c)Disposition/commitment of Funds from the Sale of Surplus Real Estate - (All Wards).

The Corporate Services Committee reports having received the following report:

(October 26, 1998) from the Chief Financial Officer and Treasurer and Commissioner of Corporate Services, responding to City Council's request to provide an update on the surplus sales activities, the disposition/commitment of funds received from the sale of surplus real estate and a policy on how to harmonize the use of these funds; advising that the Chief Financial Officer and Treasurer will be reporting later this year with respect to policies on the disposition of proceeds from asset sales in conjunction with overall recommendations on capital financing policies; and recommending that this report be received for information.

(d)Draft City of Toronto Human Rights and

Harassment Policy - Extension of Time Frame

for Response and Adoption of Interim Policy.

The Corporate Services Committee reports having deferred consideration of the Draft City of Toronto Human Rights and Harassment Policy until its meeting scheduled to be held on December 7, 1998:

(October 23, 1998) from the Executive Director of Human Resources, advising that the Draft City of Toronto Human Rights and Harassment Policy was tabled at the Corporate Services Committee meeting on October 9, 1998, and circulated for comments and report back to the November 9, 1998 meeting of the Committee; that to meet the Committee's timetable, feedback was requested by Friday October 23, 1998; that several Agencies, Boards and Commissions as well as bargaining agents have requested an extension to give their feedback on the Draft Policy; and recommending that consideration of the Draft City of Toronto Human Rights and Harassment policy be deferred to the December meeting of the Corporate Services Committee to give additional time for review and response; and that the Draft Policy be used as the Interim Policy on Human Rights for the City of Toronto.

(November 4, 1998) addressed to the Executive Director, Human Resources, from Mr.DavidNeil, President, City of Toronto Administrative, Professional Supervisory Association, Incorporated, advising that the COTAPSAI Board has reviewed the draft Human Rights Harassment Policy and submitting recommendations in regard thereto.

(e)Senior Staff Expense Policy.

The Corporate Services Committee reports having received the following joint report:

(October 2, 1998) from the Chief Administrative Officer, the Chief Financial Officer and Treasurer, and the Commissioner of Corporate Services, advising that City Council on June3, 4 and 5, 1998, requested the Commissioner of Corporate Services, the Chief Financial Officer and Treasurer and the Chief Administrative Officer to submit a joint report to the Corporate Services Committee on senior staff expense policies; that the expense policies for senior staff members are similar to those adopted by Council for Members of Council; that Schedule A compares the policies adopted for Members of Council and those being administered for senior staff; that a copy of the Expense Claim Policy for staff of the City of Toronto is also attached as Appendix B; and recommending that this report be received for information.

(f)Sulphur In Fuels - Toronto's Fuels Purchase Program.

The Corporate Services Committee reports having:

(1)submitted the following communication to the Strategic Policies and Priorities Committee, without recommendation; and

(2)forwarded a copy thereof to the Economic Development Committee for consideration and report thereon to the Strategic Policies and Priorities Committee:

(October 19, 1998) from the City Clerk, advising that the Board of Health on October 13, 1998, recommended to City Council, through the Corporate Services Committee, the adoption of the joint report (October 9, 1998) from the Commissioner of Corporate Services, the Medical Officer of Health and the Director, Fleet Management Services wherein it is recommended that:

(1)City Council request that the Province eliminate the Provincial Fuel Tax from on-road diesel fuel when it is used in off-road vehicles to encourage its use for that purpose;

(2)the City purchase on-road diesel fuel for its off-road vehicles if the Province eliminates the Provincial Fuel Tax for that purpose; and

(3)when making bulk purchases of gasoline, on-road diesel fuel and off-road diesel fuel, the City should consider sulphur content, as well as cost, as a selection criteria.

(November 4, 1998) from Mr. T. R. (Bob) Clapp, Vice President, Ontario Division, Canadian Petroleum Products Institute, requesting an opportunity to appear before the Corporate Services Committee respecting the report regarding the City of Toronto's Fuels Purchase Program.

________

The following persons were unable to appear before the Corporate Services Committee in connection with the foregoing matter; and submitted information respecting sulphur in gasoline for consideration by the Strategic Policies and Priorities Committee and the Economic Development Committee when the Committees give consideration to this matter:

-Mr. Bob Clapp, Canadian Petroleum Products institute; and

-Mr. Don Green, Independent Retail Gasoline Marketers Association of Canada.

(g)1998 Parking Tag Issuance - September.

The Corporate Services Committee reports having received the following report:

(October 23, 1998) from the Chief Financial Officer and Treasurer, advising that this report reflects parking enforcement and collection activities of the Corporation for the period ending August 31, 1998; attaching the following schedules:

Schedule 1Monthly Tag Issuance, Collection Rate and Revenue for 1998;

Schedule 2Collection Rate Activity for Tags Issued in Prior Years (1989-1997);

Schedule 3 Parking Tag Receivables (1989-1997);

Schedule 4Summary of Trial Request and Conviction Rates;

Schedule 5Summary of Expenditures for Parking Tag Operations; and

Schedule 6Parking Tags Issued by former Municipal By-law Group; and

recommending that this report be received for information.

(h)Workplace Safety and Security.

The Corporate Services Committee reports having endorsed the Recommendation of the Personnel Sub-Committee embodied in the following communication:

(October 23, 1998) from the City Clerk, advising that the Personnel Sub-Committee on October 22, 1998, during its consideration of a report (October 9, 1998) from the Executive Director of Human Resources, respecting safety issues which are identified through the human rights complaint process:

(1)recommended to the Corporate Services Committee the adoption of the aforementioned report, wherein it is recommended that the Facilities and Real Estate Division include, in its review of civic buildings, requirements for safety and security upgrades; and

(2)requested the Commissioner of Corporate Services to conduct a review of major civic buildings within the next two years and submit a report thereon to the appropriate committee.

(i)Organizational Design and Downsizing.

The Corporate Services Committee reports having endorsed the action taken by the Personnel Sub-Committee embodied in the following communication (October 23, 1998) from the City Clerk:

(October 23, 1998) from the City Clerk, advising that the Personnel Sub-Committee on October 22, 1998, recommended to the Corporate Services Committee that:

(1)the Chief Administrative Officer be requested to arrange for a presentation to be made by all Department Heads to a joint meeting of the Budget Committee and the Personnel Sub-Committee three times a year;

(2)each Department Head be requested, in future, to include in their presentation material:

(a)a column describing the breakdown of the actual positions deleted and to identify management and non-management positions separately;

(b)a column showing external hires; and

(c)employment equity impacts; and

(3)if possible, all Agencies, Boards and Commissions be requested to provide the same information in the same format.

(j)Overzealous Parking Control Officers.

The Corporate Services Committee reports having requested the Chief Financial Officer and Treasurer to submit a report to the Corporate Services Committee:

(1)on the number of tickets issued to persons with disabled parking permits, including those that are withdrawn;

(2)on the current method of evaluation by Parking Control Officers; and

(3)on current enforcement policies and suggested changes:

(September 24, 1998) from Councillor Howard Moscoe, North York Spadina, respecting valid disabled parking permit holders who have been receiving parking tickets even though their disabled permit is clearly displayed on their vehicles; advising of a permit holder who has received thirteen similar tickets since March of 1998, all of which have been cancelled after the fact; that it would seem that because the City's Parking Control Officers are ill informed of the by-law, or since they have a quota to meet, parking permit holders are being severely inconvenienced by having to appear at a first appearance centre to have incorrectly issued tickets cancelled; and recommending that the Corporate Services Committee review the training procedures for Parking Control Officers.

(k)City of Toronto and Toronto Transit Commission

Litigation Matter.

The Corporate Services Committee reports having received a confidential report (October 29, 1998) from the City Solicitor, respecting a City of Toronto, Toronto Transit Commission litigation matter.

(l)The Economic Development and

Workplace Democracy Act, 1998.

The Corporate Services Committee reports having deferred consideration of the following confidential report and communications until its meeting scheduled to be held on December 7, 1998, for the hearing of deputations:

(i)confidential report (October 15, 1998) from the Executive Director of Human Resources, respecting the Economic Development and Workplace Democracy Act;

(ii)(November 4, 1998) from Mr. Michael D. Martin, C.A., Vice President, Finance, Buttcon Limited, advising that Buttcon Limited has maintained its Head Office in Etobicoke, since its inception 19 years ago; and requesting that the City of Toronto ensure that the necessary actions are taken to allow Buttcon Limited to continue to be eligible to bid work regardless of their union affiliations;

(iii)(October 7, 1998) addressed to Mayor Lastman from Mr.JoeD'Alessandro, Duplex Electrical Ltd, registering concern respecting rights of open-shop contractors to bid on City of Toronto work;

(iv)(October 6, 1998) addressed to Mayor Lastman from Mr. T. E. Hitchman P.Eng, President, Electrical, Mechanical Communications Contractors, requesting that the City of Toronto ensure fair competition with respect to work performed by contractors on behalf of the City of Toronto;

(v)(October 8, 1998) addressed to Mayor Lastman from Mr. John Mohle, Wellington Construction Inc., advising that Wellington Construction Inc., and its employees contribute tax dollars to various types of construction work and in all fairness should be able to bid regardless of trade union status; and

(vi)(November 6, 1998) from Mr. Paul Buzzin, President, Federation of Painting and Decorating Contractors of Toronto, requesting a copy of the confidential report that will be considered by the Committee respecting Bill 31 and how his organization should proceed in making their views known to the Committee.

(m)Acquisition of Ontario Hydro Corridor Kennedy Road to Birchmount Road

(Scarborough City Centre).

The Corporate Services Committee reports having recommended to the Budget Committee and Council the adoption of the Recommendations of the Works and Utilities Committee embodied in the communication (November 4, 1998) from the City Clerk, subject to amending Recommendation No. (3) by deleting the words "Water Reserve" and inserting in lieu thereof the words "Water and Sewer Capital Expenditure Reserve", so that such Recommendation now reads as follows:

"(3)that Council agree in principle to use the funds from the Water and Sewer Capital Expenditure Reserve for the acquisition of the enhanced watercourse lands as part of the ongoing Watercourse Land Acquisition Program;":

(November 4, 1998) from the City Clerk, advising that the Works and Utilities Committee on November 4, 1998:

(A)recommended to the Corporate Services Committee, for consideration at its meeting to be held on November 9, 1998, the adoption of the report dated October 22, 1998, from the General Manager, Water and Wastewater Services, respecting acquisition of lands in the Ontario Hydro corridor from Kennedy Road to Birchmount Road (Scarborough City Centre), such report containing the following recommendations:

"(1)That Council endorse the conclusions in the report prepared by XCGConsultants Ltd. and Hough Woodland Naylor Dance Leinster and Anthony Usher Planning Consultant entitled "Ontario Hydro Corridor (West Highland Creek) Investigation of Stormwater Management, Naturalization and Open Space Opportunities";

(2)that Council authorize staff to negotiate the purchase of the highest priority area south of Highway 401 identified by the XCG report, Kennedy Road to Birchmount Road, and report back; and

(3)that Council agree in principle to use the funds from the Water Reserve for the acquisition of the enhanced watercourse lands as part of the ongoing Watercourse Land Acquisition Program"; and

(B)referred this matter to the Storm Water Group for its information and any input as the project unfolds.

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Councillor Lorenzo Berardinetti, Scarborough City Centre, appeared before the Corporate Services Committee in connection with the foregoing matter.

Respectfully submitted,

DAVID MILLER,

Acting Chair

Toronto, November 9, 1998

(Report No. 17 of The Corporate Services Committee, including additions thereto, was adopted, as amended, by City Council on November 25, 26 and 27, 1998.)

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