The Decision Document is for preliminary reference purposes only.  Please refer to the Committee’s Report to City Council or to the Minutes for the official record.

How to Read the Decision Document:

•           Recommendations of the Committee to City Council appear after the item heading

•           Other action taken by the Committee on its own authority, which does not require Council’s approval, is listed in the decision document under the heading “Decision Advice and Other Information” .

•           Declarations of Interest, if any, appear at the end of an item.

Minutes of the May 12, 2009 meeting - Confirmed

Communications/Reports

The Government Management Committee held a Statutory Public Hearing on Thursday, September 17, 2009, in accordance with the City of Toronto Act, 2006.  No one appeared before the Committee.

This report deals with tax appeal applications made to the Acting Treasurer pursuant to sections 323 and 325 of the City of Toronto Act, 2006 (COTA).  Section 323 permits Council to cancel, reduce or refund taxes in cases when, during the year, a property undergoes changes such as when it is destroyed by fire or demolished, becomes exempt from taxation, or is reclassified due to a change in its use.  Under section 325 of the COTA, taxpayers can request a cancellation, reduction or refund of taxes when an error in the assessment roll is identified which results in an overcharge.

The legislation requires Council to hold a public meeting where the applicants may make a submission in defence of their position.  Council has delegated authority to hold such public meetings to the Government Management Committee.

Staff have mailed Notices of Hearing to affected taxpayers advising of the upcoming hearing before the Government Management Committee.

The Government Management Committee held a Statutory Public Hearing on Thursday, September 17, 2009, in accordance with the City of Toronto Act, 2006.  No one appeared before the Committee.

This report deals with 15 tax apportionment applications made by the Acting Treasurer or to the Treasurer by an owner of land pursuant to section 322 of the City of Toronto Act, 2006, for the properties listed in Appendices A and B (attached).

The legislation requires Council to hold a public meeting at which the applicants and / or property owners may make representations.  Council has delegated authority to hold such public meetings to the Government Management Committee. 

Staff have mailed Notices of Hearing to affected taxpayers advising of the upcoming hearing before the Government Management Committee.

The purpose of this report is to recommend the write-off of uncollectible accounts receivable balances that total $314,879.33 in accordance with the provisions of the Financial Control By-law, as all collection efforts have been exhausted.  The actions being recommended by staff have been reviewed with appropriate Division Heads and Legal Services who concur with the recommendations.

The Government Management Committee deferred consideration of the report  from the Acting Treasurer entitled "2008 Consulting Services Expenditure - City Divisions and Major Agencies, Boards and Commissions" until October 14, 2009, to allow for debate.

The report is to inform the Committee and Council on the consulting services expenditure of City Divisions and major Agencies, Boards and Commission (ABCs) for the year ended December 31, 2008.  It contains a summary and details, by category and vendor, of the Operating and Capital consulting services expenditure for 2008, with 2007 comparative.

The City’s Purchasing By-law, as adopted by City Council in 2004, includes a provision to undertake a comprehensive review of the By-law and related policies every five (5) years. 

This report summarizes the results of the five year review process and recommends changes to Chapter 195 “Purchasing” of the Toronto Municipal Code (the “Purchasing By-law”), and a procurement related change to the Chapter 71 “Financial Control” of the Code (the “Financial Control” By-law).

This report provides information on the status of the assessment appeals filed with the Assessment Review Board by the Ontario Place Corporation for taxation years 1998 to 2008 inclusive, with respect to their premises at 955 Lake Shore Boulevard West (re: Assessment Roll Number 1904 041 040 00910) and 851 Lake Shore Boulevard West (re: Assessment Roll Number 1904 041 040 01040).  In addition, the report recommends a settlement of the appeals as outlined in Confidential Attachment 2.

City Council removed this item from the committee's jurisdiction on August 5, 2009 and considered the item as CC38.1.

This report advises on the status of the 292 apportionment applications filed with the Assessment Review Board (ARB) in 2005, pursuant to Ontario Regulation 399/03, for taxes related to 2002 and prior years. This report also recommends that authority be delegated to the Acting Director of Revenue Services, in consultation with the City Solicitor, to withdraw certain of the applications based on criteria set out in the confidential attachment to this report.

The Government Management Committee withdrew the report from the City Solicitor entitled "Response to Applicant's Request for Funds, Proposed Remediation of the former Treatment Plant Lands adjacent to Mystic Pointe Developments: Manitoba Street, Grand Avenue and Legion Road" as negotiations to review the proposed new environmental solutions and new proposal presented by the developer are ongoing.

This report recommends that the City decline the applicant’s request, pursuant to a 2003 Development Agreement, that the City provide additional funds for the applicant to remediate the City’s Treatment Plant Lands, which lands are adjacent to the development site.

The City of York Employee Pension Plan Committee on May 28, 2009, considered a communication (May 11, 2009) from Anil Narale, Principal, Mercer Human Resource Consulting, forwarding the report (May 2009) entitled “Corporation of the City of York Employee Pension Plan - Actuarial Valuation for Funding Purposes as at December 31, 2008”, and recommending that the Committee approve the report for submission to City Council so that the report can be filed with the Canada Revenue Agency and the Financial Services Commission of Ontario.

This report submits the Actuarial Valuation as at December 31, 2008 for the Metropolitan Toronto Police Benefit Fund (MTPBF) and requests additional funding in the form of special annual payments as required under Ontario pension legislation when a plan has a “solvency deficiency”.

The 2008 Valuation sets forth the financial position of the Benefit Fund for the year ended December 31, 2008, outlines its solvency deficiency at that date, provides an amortization schedule for eliminating the deficiency within the mandatory five years and recommends no cost-of-living increase for pensioners for 2009.

The Board of Trustees of the Metropolitan Toronto Police Benefit on April 13, 2009, considered a communication (April 13, 2009) from Anil Narale, Principal, Mercer, forwarding the Actuarial Valuation Report (April 2009) for the Metropolitan Toronto Police Benefit Fund prepared as at December 31, 2008.

Anil Narale, Principal, Mercer, gave a presentation to the Board of Trustees on the Actuarial Valuation Report.

The Government Management Committee requested the Acting Treasurer to provide an information report to the Government Management Committee on the structure and mandate of the City's Pension Boards, the City's responsibility for them and potential assistance that could be provided by OMERS or the Ontario Teacher's Pension Plan.

This report submits the Actuarial Valuation as at December 31, 2008 for the Metropolitan Toronto Pension Plan (“the Plan”) and provides recommendations for a cost of living increase to pensioners effective January 1, 2009.

The 2008 valuation sets forth the financial position of the plan for the year ended December 31, 2008, outlines recommendations for a cost of living increase of 2.37% for pensioners effective January 1, 2009 and confirms that the Plan does not require any special payments by the City of Toronto.

The Government Management Committee requested the Acting Treasurer to provide an information report to the Government Management Committee on the structure and mandate of the City's Pension Boards, the City's responsibility for them and potential assistance that could be provided by OMERS or the Ontario Teacher's Pension Plan.

This report submits the Actuarial Valuation as at December 31, 2008 for the Toronto Civic Employees’ Pension and Benefit Fund (“the Fund”) and provides recommendations for a cost of living increase to pensioners effective January 1, 2009.

The 2008 valuation sets forth the financial position of the fund for the year ended December 31, 2008, outlines recommendations for a cost of living increase of 2.34% for pensioners effective January 1, 2009 and confirms that the fund does not require any special payments by the City of Toronto.

The Toronto Civic Employees’ Pension and Benefit Fund Committee on April 28, 2009, considered a draft document (April 2009), entitled “Toronto Civic Employees’ Pension and Benefit Fund Actuarial Valuation Report as of December 31, 2008”, submitted by Cynthia L. Rynne, Consulting Actuary, Buck Consultants, who gave a presentation thereon and answered Members’ questions.

The Committee held discussions regarding the CPI Increase for 2009.

The Government Management Committee requested the Acting Treasurer to provide an information report to the Government Management Committee on the structure and mandate of the City's Pension Boards, the City's responsibility for them and potential assistance that could be provided by OMERS or the Ontario Teacher's Pension Plan.

This report submits the Actuarial Valuation as at December 31, 2008 for the Toronto Fire Department Superannuation and Benefit Fund (the Benefit Fund) and provides recommendations from staff to not provide a cost of living increase in accordance with the Fund’s governing By-law.  The Toronto Fire Department Superannuation and Benefit Fund Committee has submitted a request that Council approve an increase of 2.34% for 2009, however, staff do not support this request due to the deteriorating financial position of the fund and potential requirements for special payments by the City beginning in 2010.

The 2008 Valuation sets forth the financial position of the Benefit Fund for the year ended December 31, 2008, showing that at that time, although there was a smoothed going-concern surplus of $43.4 million, the Fund’s solvency had deteriorated and will likely require special payments commencing in 2010.  As a result, staff are recommending that no cost of living increase be provided to pensioners in 2009.

The Toronto Fire Department Superannuation and Benefit Fund Committee on June 3, 2009, considered a draft document (April 2009), entitled “Toronto Fire Department Superannuation and Benefit Fund Actuarial Valuation Report as of December 31, 2008”, submitted by Cynthia L. Rynne, Consulting Actuary, Buck Consultants.  Ms. Rynne joined the meeting and answered Members’ questions.

The Committee held discussions regarding the CPI Increase for 2009.

This report requests authority to enter into a sole source agreement with Election Systems & Software (ES&S) for the replacement of the wireless transmission equipment in the City’s 1,850 optical scan vote counting equipment.

Given the specialized nature and proprietary rights of the vote counting equipment, it is necessary for ES&S, the developer and manufacturer of the vote counting equipment, to install the new transmission equipment. The wireless technology used over the last three general municipal elections (2000, 2003, and 2006) is no longer supported by any wireless provider, and replacement technology must be purchased in order to maintain the current level of service.

The City Clerk will take advantage of a $413,68.94 net of GST ($375,000.00 U.S.) credit with ES&S, reducing the cash outlay for the purchase of the wireless transmission equipment to $344,688.36 ($312,460.00 U.S.) net of GST.

This report requests that City Council grant authority for the issuance of a Sole Source Contract with the Royal Lifesaving Society (the Society) for the supply of Aquatic Lifesaving Program Affiliation and Licensing Fees, Candidate Exam and Certification Fees and the Supply of Course Materials for a five year period effective November 1, 2009.

This report also advises the Government Management Committee of an overspent, expired contract with the Royal Lifesaving Society for Leadership Management Services that provides trainers to deliver the City’s Aquatic Lifesaving Programs.

The purpose of this report is to request authority to amend Contract #47012227 with Toronto Hydro Street Lighting Inc., for the design, supply, installation, and inspection of decorative pedestrian street lighting, and other lighting projects, through a capital cost-sharing program with various Business Improvement Areas (BIAs).

The City of Toronto Municipal Code Chapter 71- Financial Control, states that if costs for a commitment exceed the original funding by more than $500,000.00 excluding all taxes, approval must be obtained from the appropriate Standing Committee.  The amendment is primarily to ensure continued processing of decorative lighting capital projects, in the final year of the contract.

The Government Management Committee deferred consideration of the report from the Director, Fleet Services and the Director, Purchasing and Materials Management entitled "Report on Over Expenditure for the supply and delivery of various blends of Unleaded Gasoline and Diesel Fuel to Fleet Services - Contracts 47011249, 47012078 and 47013072" to the next meeting scheduled to be held on October 14, 2009 to allow members to ask questions of staff.

The purpose of this report is to advise on the over expenditures of contracts, for the supply and delivery of various blends of unleaded gasoline and diesel fuel, for Fleet Services against Contracts 47011249 (January 01, 2006 to December 31, 2006), Contract 47012078 (January 01, 2007 to December 31, 2007), and Contract 47013072(January 1, 2008 to December 31, 2008). .

The Government Management Committee deferred consideration of the report from the Director, Toronto Environment Office and the General Manager Children's Services entitled "Local Food Procurement Policy and Implementation Plan - Update" until October 14, 2009, to allow members to ask questions of staff.

In October 2008, Council adopted a Local Food Procurement Policy, aimed at reducing greenhouse gas and smog causing emissions generated by the import of food from outside Ontario as part of the implementation of the Climate Change, Clean Air and Sustainable Energy Action Plan.  The policy demonstrates that the City of Toronto is committed to progressively increasing the percentage of food being served at City-owned facilities or purchased for City operations from local sources.

Children’s Services, jointly with the Toronto Environment Office, is implementing the first phase of the Local Food Procurement Policy and Implementation Plan, as adopted by Council in October 2008.

This report describes the opportunities and challenges experienced during the first phase of implementation and informs the Government Management Committee of our ongoing progress and upcoming strategies to initiate the increased purchase of local food by other City divisions.

Thus far, the following achievements have been made:

• increase in local food procurement of 13.4% over baseline for a total of 33.4%
• interdivisional working group established;
• information session provided to support broader implementation;
• supplier sourcing more local products;
• adjustments to purchasing practices such as increasing bulk buying and menu planning more sensitive to seasonal availability of produce has been effective in managing estimated cost impacts of local purchasing.

A follow-up report on the action plan and associated financial implications will be presented in Spring 2010, which will allow for additional research and expenditures information, resulting in an accurate portrayal of current corporate local food purchases.

City Council removed this item from the committee's jurisdiction on August 5, 2009 and considered the item as CC38.2.

City Council removed this item from the committee's jurisdiction on August 5, 2009 and considered this item as CC38.3.

City Council removed this item from the committee's jurisdiction on August 5, 2009 and considered the item as CC38.4.

City Council removed this item from the committee's jurisdiction on August 5, 2009 and considered the item as CC38.15.

City Council removed this item from the committee's jurisdiction on August 5, 2009 and considered the item as CC38.5.

The purpose of this report is to seek the authority to enter into a non-exclusive Licence Agreement with My Father’s House for approximately fifty (50) overflow vehicular parking spaces on City owned land at 50 Ingram Street (the “City Lands”) for a five (5) year term with a five (5) year renewal option.  The Licence is in exchange for My Father’s House agreeing to grant to the City a permanent non-exclusive access easement (the “Access Easement”) through a portion of its lands at 2265 Keele Street for the purposes of ingress and egress to and from Keele Street to the City Lands on which Parks, Forestry and Recreation Division (PFR) is planning to develop a golfing related activity.

City Council removed this item from the committee's jurisdiction on August 5, 2009 and considered the item as CC38.6.

The Government Management Committee received for information the report (June 10, 2009) from the Chief Corporate Officer entitled "2009 Semi-Annual Report on Sales and Acquisitions".

This semi-annual report provides information regarding total property sales and purchases by the City from January 1, 2009 to May 31, 2009. This report includes the number of properties proposed for sale and the current status of such properties.  This report also includes details regarding acquisition and expropriation costs and settlements.

City Council removed this item from the committee's jurisdiction on August 5, 2009 and considered the item as CC38.7.

City Council removed this item from the committee's jurisdiction on August 5, 2009 and considered the item as CC38.8.

By its adoption of EX32.5, as amended, on May 25, 26, and 27, 2009, City Council, among other matters, declared sixteen properties surplus, with the intended method of disposal to be by way of a transfer to Build Toronto Inc. (Build Toronto) on an “as is” basis, for nominal consideration.

This report recommends the terms on which four of those properties - 120 and 130 Harbour Street, 150 Symes Road, 383–425 Old Weston Road and 51 Power Street - are to be transferred to Build Toronto.

City Council removed this item from the committee's jurisdiction on August 5, 2009 and considered the item as CC38.9.

At its meeting of April 29 and 30, 2009, Toronto City Council approved Government Management Committee Item 22.4, entitled “City-Wide Security Plan”. This report responds to Council’s request that the Chief Corporate Officer report to the Government Management Committee in June 2009 on: a) a comprehensive plan and security measures to protect the Civic Centre Chambers and the second floor of City Hall; and b) a review of the security system utilized by the CBC at its building located opposite Metro Hall.

In order to provide a comprehensive review of Councillor Protection at City property, this plan not only includes the Civic Centre Chambers and second floor of City Hall, but also the Councillors offices and parking areas at each Civic Centre and City Hall. This review however did not encompass constituency offices, homes, public appearances, travel, and personal time.

This report highlights security measures already in place for the protection of Councillors, describes additional measures currently being implemented, and makes recommendations for further protections. These additional measures and recommendations evolved as a result of a Threat and Risk Assessment, benchmarking, and stakeholder involvement.

As it relates to the review and possible use of the type of barrier turnstile used at the CBC building, this system is not recommended for use for the 2^nd floor reception areas of City Hall.

City Council removed this item from the committee's jurisdiction on August 5, 2009 and considered the item as CC38.10.

City Council removed this item from the committee's jurisdiction on August 5, 2009 and considered the item as CC38.11.

City Council removed this item from the committee's jurisdiction on August 5, 2009 and considered the item as CC38.12.

The Government Management Committee referred the Member Motion from Councillor Frances Nunziata entitled "Property Tax Exemption for Society of Portuguese Disabled Persons Building Fund (Ward 11 York South-Weston)" to the Deputy City Manager and Chief Financial Officer for a report to the Government Management Committee.

The Society of Portuguese Disabled Persons Building Fund (“The Society”) was formed in 2001 to help stimulate social activities for individuals with disabilities who may be housebound in the community. Unfortunately, these individuals are faced with many limitations and have few channels available to allow them to integrate with society.

In order to build a centre for all disabled persons regardless of ethnicity, the Society purchased the property at 2295 St. Clair Avenue West.  The Centre was constructed at no cost to the government, until 2007 when The Society obtained a grant from the Provincial Government to assist the centre in purchasing some necessary equipment.  Currently, the Centre owns and occupies the property at 2295 St. Clair Avenue West. The Society celebrated the grand opening of the centre on June 23, 2007. 

The centre is now open from Monday to Friday, 8am to 4pm and offers a variety of programs for people of all cultural and ethnic backgrounds with disabilities and provides support to their families. Through various programs, clients continue to learn social skills by group participation, building greater independence, self-esteem and facilitating integration within the community.  These programs help to develop leadership skills which empower clients to be active and productive members of society.

The Society is a registered charity within the meaning of the Income Tax Act (Canada).

The Society is seeking Private Legislation to provide an exemption from property taxes, and have asked that the City of Toronto support The Society in obtaining the Private Members Bill.

The Society of Portuguese Disabled Persons Building Fund ("The Society") was formed in 2001 to help stimulate social activities for individuals with disabilities who may be housebound in the community. Unfortunately, these individuals are faced with many limitations and have few channels available to allow them to integrate with society.

In order to build a centre for all disabled persons regardless of ethnicity, the Society purchased the property at 2295 St. Clair Avenue West.  The Centre was constructed at no cost to the government, until 2007 when The Society obtained a grant from the Provincial Government to assist the centre in purchasing some necessary equipment.  Currently, the Centre owns and occupies the property at 2295 St. Clair Avenue West. The Society celebrated the grand opening of the centre on June 23, 2007. 

The centre is now open from Monday to Friday, 8am to 4pm and offers a variety of programs for people of all cultural and ethnic backgrounds with disabilities and provides support to their families. Through various programs, clients continue to learn social skills by group participation, building greater independence, self-esteem and facilitating integration within the community.  These programs help to develop leadership skills which empower clients to be active and productive members of society.

The Society is a registered charity within the meaning of the Income Tax Act (Canada).

The Society is seeking Private Legislation to provide an exemption from property taxes, and have asked that the City of Toronto support The Society in obtaining the Private Members Bill.

(Submitted to City Council on August 5, 2009 as MM38.13)

Memo submitted by Councillor Moscoe respecting proposed change in spelling from the currently used American English to Canadian English.

The Government Management Committee granted authority to the General Manager Parks, Forestry and Recreation and the Director, Purchasing and Materials Management, to:

1.         Amend Purchase Order No. 6022519 to MacLennan Jaunkalns Miller Architects Ltd., by an additional amount of $600,000.00 net of GST, for a revised total of  $1,459,000.00 net of GST, extend the purchase order expiry date to December 31, 2012, and increase the scope of work to include the supply of all material, equipment, labour and supervision required for the additional design and associated additional field review and contract administration required for the expansion and alteration of the Regent Park indoor pool to accommodate a change in scope.

The purpose of this report is to request authority to issue a purchase order amendment for Purchase Order No. 6022519 previously issued to MacLennan Jaunkalns Miller Architects Ltd. in May, 2007.  The amendment is required for additional fees based on an increase to their scope of work.

The Government Management Committee recommends that:

1.         City Council authorize the Chief Corporate Officer to enter into a new Below Market Rent lease agreement with Flemo City Media, for a five (5) year term, based on the terms and conditions set out in Appendix “A”,  attached to the report (August 26, 2009) from the Chief Corporate Officer and Executive Director, Social Development Finance and Administration,  and other terms and conditions acceptable to the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

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

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

4.         City Council grant an exemption to the Below Market Rent Policy to allow Flemo City Media to become a tenant at 29 St. Dennis Drive without the need to solicit a request for proposals as required by the Below Market Rent Policy.

The purpose of this Report is to obtain City Council authority to enter into a new Below Market Rent lease agreement with Flemo City Media for approximately 361 square feet of space located at 29 St. Dennis Drive in the Flemingdon Park priority neighbourhood.  A Below Market Rent lease with Flemo City Media will facilitate program expansion for local youth in a priority neighbourhood, and as such, is consistent with Council’s mandate to create strong, safe neighbourhoods in certain priority areas.

The purpose of this report is to obtain Council’s authority to enter into lease extension agreements with two tenants (Black Cat Advertising Inc. and 682770 Ontario Inc. o/a ITC Systems) occupying industrial space at 705 Progress Avenue.

This report requests that Council authorize the Acting Treasurer to approve a two-year extension of the MasterCard Purchasing Card Agreement with the National Bank of Canada for Purchasing Card (PCard) services (re: Purchase Order 6016467 resulting from RFP 9172-04-7024) as contemplated by clause 22.1 of the Agreement.

The National Bank of Canada has been asked to continue to provide Purchasing Card services subject to Council's approval.

This report recommends an amendment to the Umbrella Agreement reached between the City and the Board of Directors of the Sony Centre for the Performing Arts (“Board”) and Castlepoint Realty Partners Limited (“Castlepoint”), now Ferncastle (Front Street) Inc. (“Ferncastle”) for the redevelopment of the Sony Centre (“SC”) site located at 1 Front Street East.   The amendment is with respect to the conveyance of an additional area underneath the footprint of the proposed condominium tower.

The purpose of this report is to advise that a staff action report, “Sony Centre – Conveyance of Additional Strata” will be on the Supplementary Agenda for the Government Management Committee meeting scheduled for September 17, 2009.

The purpose of this report is to seek authority to enter into an agreement to exchange lands owned by the City for lands owned by the Toronto District School Board (“TDSB”) for the purpose of including the land with other land owned by TDSB on which a new child care centre is to be built.

The terms for completing the transaction, as set out in this report, are considered to be fair, reasonable and reflective of market value.

This report requests authority to exercise the option to extend Contract 47012152 for the supply and delivery of desktop and notebook computers, printers, related hardware, software and Contract 47012116 for maintenance services awarded to Compugen Inc. The provision for a one year option contract extension was included in the original Request for Quotation (RFQ) issued.  All terms and conditions remain the same and no additional funds are required for the extension of these contracts.

The purpose of this report is to obtain authority for the continued use of the current process to select and engage real estate brokerages for the sale of smaller properties valued at less than $1,000,000.00, in respect of which the Chief Corporate Officer or his designate has determined that the focused market expertise of brokerages with local experience in the neighbourhood is important ("Smaller Properties").

The Government Management Committee met in closed session to consider this item

as it relates to a proposed or pending acquisition or sale of land for municipal or local

board purposes.

To seek approval to acquire the property municipally known as 15 Kenaston Gardens.