The Executive Committee recommends that:

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

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

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

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

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

The Executive Committee recommends that:

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

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

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

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

The Executive Committee requested the City Manager:

1.         To report to the Executive Committee on the availability of an insurance product that provides candidate protection.

2.          In consultation with outside Legal Counsel, to consider in his report, a policy, as follows:

“In recognition of the fundamental role, that the protection of democratic elections has to this City Government, Council authorize the use of its grant making power to protect Members of Council from the cost of legal fees in circumstances where there are reasonable grounds to believe that legal proceedings are occurring by virtue of the Members election, and/or, because of inconsistencies and loopholes in relevant laws, regardless of the date the matter being litigated occurred.”

In its consideration to reimburse certain legal expenses incurred by Councillors while candidates in the 2006 Municipal Election, City Council requested a report to the March 1, 2010 Executive Committee on creating a candidate protection fund.

In the time available in response to Council’s request, staff have reviewed possible options to protect candidates for costs arising from the 2010 Municipal Election which include establishing a fund and private independent insurance coverage.

A subsequent report to the June, 2010 Executive Committee meeting will be submitted by the City Manager on providing candidate protection.

The Executive Committee recommends that:

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

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

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

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

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

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

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

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

The purpose of this report is to provide an annual summary of the City’s donation activity as required by section 4.15 of the Policy on Donations to the City for Community Benefits.

For the 2008 fiscal year, more than 50 City Programs (divisions as well as some agencies, boards and commissions) received over 6,150 donations with a total value of over $1.9 million. Donations were made by both individuals and organizations and came in largely from local areas of the City, but also from other parts of the province, the country and even internationally.

It is important to note that the 2008 summary only pertains to donations for which tax receipts were issued by the City itself. Programs that issue their own tax receipts, such as the Toronto Public Libraries and the Toronto Zoo, are not included in this summary. Moreover, since the summary is based solely on tax-receiptable donations, the actual value of contributions to the City is likely higher.

The Toronto Office of Partnership will report back on the City’s 2009 donation activity in the Fall of 2010.

The Executive Committee recommends that:

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

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

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

The Executive Committee referred the Member Motion (February 1, 2010) from City Council, titled "Disaster Relief – Haiti", to the City Manager for a report to the Executive Committee for its May 17, 2010 meeting, with respect to the City’s Disaster Relief Policy and how it could be applied to Haiti and Chile.

On January 12, 2010, a catastrophic 7.0 magnitude earthquake struck the island nation of Haiti, followed by a series of aftershocks with magnitudes ranging from 5.0 to 5.9.  The International Red Cross estimates that approximately three million of the ten million inhabitants were affected by the earthquake with the Haitian Interior Minister reporting upwards of 200,000 dead.

In the nation’s capital, Port-au-Prince, most major landmarks were significantly damaged or destroyed, including the buildings of the finance ministry, the ministry of public works, the ministry of communication and culture, the Palace of Justice, the Superior Normal School, the National School of Administration, the Institut Aimé Césaire, Parliament, the Presidential Palace, the National Assembly building, the Port-au-Prince Cathedral, the main jail as well as most hospitals in the area. 

The headquarters of the United Nations Stabilization Mission in Haiti (MINUSTAH) in Port-au-Prince collapsed and the Mission's Chief, Hédi Annabi, his deputy, Luiz Carlos da Costa, and the acting police commissioner have all been confirmed dead.  Since the government administrative structures in Haiti have been destroyed, Elisabeth Byrs of the UN is calling this the worst disaster the United Nations had ever experienced.

Scattered reports of looting and violence have escalated the devastation, and the magnitude of this disaster will be amplified by an inevitable public health epidemic due to lack of clean water, food, proper sewage disposal, and health care.

On January 13, 2010, Her Excellency, the Right Honourable Michaelle Jean, Canada’s Governor General and a refugee from Haiti, gave the following statement:

"Now more than ever, it is time for us to show our solidarity with the most vulnerable people in the Americas, our brothers and sisters in Haiti, whose courage is once again being so harshly tested…Yesterday, fate once again turned against the people of Haiti, who had only just begun to see a glimmer of hope…Like me, Haitian communities across Canada are heartbroken and overwhelmed by the magnitude of this catastrophe. The images and news reports are unbearable to watch -- so much distress, suffering and loss.  I salute the friendship and solidarity being demonstrated all across Canada and throughout the international community."

Canada has a large population of Haitian immigrants, most particularly in Montreal and Toronto.  This is an international disaster requiring immediate and aggressive international intervention.  Together, the sister nations in the Americas must work together to rebuild this shattered nation to a level of international standards.  Ensuring that Haitian citizens and residents have access to clean drinking water, hospitals and schools is of paramount importance if we are to stop the cycle of poverty in a nation that scarcely has resources of its own. 

(Submitted to City Council on January 26 and 27, 2010 as MM45.3)

 The Executive Committee noted and filed the Member Motion (February 1, 2010) from City Council, titled "2010 Salary Freeze for Mayor and Councillors".

The City’s financial future has continued to deteriorate significantly over the last 2 or 3 years. The provincial and federal governments are projecting massive budgetary deficits far into the future due to the current global economic recession. The City finds itself more alone than before to solve its own financial problems without the prospect of one-time bailouts from the provincial and federal governments to offset the City’s Operating Budget shortfall.

Due to the financial pressures the City continues to find itself under, we all must find ways of showing and following a strict line of fiscal restraint. And due to the fact the City will be negotiating the renewal of labour contracts with some of its employees (i.e. Police Services; Fire Services) beginning in 2010, City Council needs to set the tone for those discussions in order to mitigate the impact of these salary negotiations. 

City Council must demonstrate sound decision-making based on fiscal restraint and the priorities of its citizens.

Therefore, the members of City Council should start showing this restraint by canceling their cost of living salary increase for 2010 (effectively, a salary freeze for 2010). Such a gesture will save taxpayer dollars and will help provide the City with additional moral authority when entering into negotiations over new funding arrangements or employee salary rates, as the City will be in the near future.

 (Submitted to City Council on January 26 and 27, 2010 as MM45.1)

City Council appoints Members of Council and members of the public to various agencies, boards, commissions and corporations.  Council has established term limits for citizen appointments.  In order to give more Council members the opportunity to serve on these bodies, Council should also establish term limits for Council Member appointments to agencies, boards, commissions and corporations.  This Motion asks the City Manager, in consultation with the City Clerk, to report to the Executive Committee on establishing term limits for Council Member appointments to agencies, boards, commissions and corporations to be effective with the next term of Council.

(Submitted to City Council on January 26 and 27, 2010 as MM45.12)

The Toronto Transit Commission (TTC) is currently composed of nine Members of City Council.  City Council and the TTC would benefit from the perspective of the public if members of the public were appointed to serve on the Commission. This Motion asks the City Manager to report to the Executive Committee on the necessary steps to change the composition of the TTC to appoint six members of the public to the TTC, with a business background, effective with the next term of Council, so that the TTC would be composed of six members of the public and 3 Members of City Council.  The requested report should include but not be limited to the necessary amendments to the Public Appointments Policy, Council Procedures, if required, and remuneration of citizen members, parameters for their business experience.

 (Submitted to City Council on January 26 and 27, 2010 as MM45.11)

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

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

The Executive Committee recommends that:

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

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

The Executive Committee recommends that:

1          City Council establish the Office of Independent Counsel.

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

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

b.         To advocate for the interests of Council and Members of council in matters related to their rights as elected representatives in dealing with, but not limited to:  the public, the media, Agencies Boards and Commissions, external organizations, other orders of government and their agencies and the City of Toronto.

c.         To report directly to Council.

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

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

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

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

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

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

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

Because there are a number of emergent issues it is important that we act quickly on this matter. To do so will require access to existing funding.  For that reason we should use both legal reserves and existing funds within the current legal department’s budget.  The presence of Independent Legal Counsel will take pressure off the department in that much of the work that is presently being done for Council will be taken up by the New Office of Independent Counsel.

For example, this year the Solicitor spent some $250,000 to commission independent legal opinion on MFIPPA and substantial additional legal fees seeking a court determination of Council and councillor’s rights under MFIPPA.  This kind of work will now be undertaken by Independent Legal Counsel.