Item - 2011.AU2.4
Tracking Status
- City Council adopted this item on June 14, 2011 without amendments.
- This item was considered by the Audit Committee on May 12, 2011 and adopted without amendment. It will be considered by City Council on June 14, 2011.
AU2.4 - City Planning Division - Community Benefits Secured Under Section 37 or 45 of The Planning Act
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
City Council Decision
City Council on June 14 and 15, 2011, adopted the following:
1. City Council request the Chief Planner to assess the status of community benefits secured since amalgamation (January 1, 1998) under Sections 37 and 45 of the Planning Act to provide an appropriate level of assurance that all cash and significant non-cash benefits that should have been received, have been received and report any uncollectible benefits to Council.
2. City Council request the Chief Planner to develop and implement a monitoring process to ensure receipt of all non-cash community benefits secured under Sections 37 and 45 of the Planning Act.
3. City Council request the Chief Planner to ensure all community benefits secured through Section 37 of the Planning Act are included in the re-zoning by-law.
4. City Council request the Chief Planner to conduct an annual review of balances in the Sections 37 and 45 reserve funds to ensure divisions are advised of any funds secured and received.
5. City Council request the Deputy City Manager and Chief Financial Officer in consultation with the Chief Planner, to develop monitoring controls to enable effective administration of any letters of credit secured in relation to Sections 37 and 45 of the Planning Act.
6. City Council request the Deputy City Manager and Chief Financial Officer in consultation with the Chief Planner, to consider providing appropriate Planning Division staff with read only access to the letter of credit database.
7. City Council request the Chief Planner to ensure that consideration is given to applying an appropriate inflationary index to the funds secured under Sections 37 and 45 of the Planning Act which are payable at a future date.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2011/au/bgrd/backgroundfile-37764.pdf
(March 31, 2011) Appendix 1 - City Planning Division - Community Benefits Secured Under Section 37 or 45 of the Planning Act
https://www.toronto.ca/legdocs/mmis/2011/au/bgrd/backgroundfile-37765.pdf
Management's Response to the Auditor General's Review of City Planning Division, Community Benefits Secured Under Section 37 or 45 of the Planning Act
https://www.toronto.ca/legdocs/mmis/2011/au/bgrd/backgroundfile-37766.pdf
Motions (City Council)
Vote (Adopt Item) Jun-15-2011 9:49 AM
| Result: Carried | Majority Required - AU2.4 - Adopt the item |
|---|---|
| Total members that voted Yes: 34 | Members that voted Yes are Paul Ainslie, Ana Bailão, Michelle Berardinetti, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 11 | Members that were absent are Maria Augimeri, Shelley Carroll, Raymond Cho, Mike Del Grande, John Filion, Paula Fletcher, Norman Kelly, Chin Lee, Giorgio Mammoliti, John Parker, Jaye Robinson |
AU2.4 - City Planning Division - Community Benefits Secured Under Section 37 or 45 of The Planning Act
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
Committee Recommendations
The Audit Committee recommends that:
1. City Council request the Chief Planner to assess the status of community benefits secured since amalgamation (January 1, 1998) under Sections 37 and 45 of the Planning Act to provide an appropriate level of assurance that all cash and significant non-cash benefits that should have been received, have been received and report any uncollectible benefits to Council.
2. City Council request the Chief Planner to develop and implement a monitoring process to ensure receipt of all non-cash community benefits secured under Sections 37 and 45 of the Planning Act.
3. City Council request the Chief Planner to ensure all community benefits secured through Section 37 of the Planning Act are included in the re-zoning by-law.
4. City Council request the Chief Planner to conduct an annual review of balances in the Sections 37 and 45 reserve funds to ensure divisions are advised of any funds secured and received.
5. City Council request the Deputy City Manager and Chief Financial Officer in consultation with the Chief Planner, to develop monitoring controls to enable effective administration of any letters of credit secured in relation to Sections 37 and 45 of the Planning Act.
6. City Council request the Deputy City Manager and Chief Financial Officer in consultation with the Chief Planner, to consider providing appropriate Planning Division staff with read only access to the letter of credit database.
7. City Council request the Chief Planner to ensure that consideration is given to applying an appropriate inflationary index to the funds secured under Sections 37 and 45 of the Planning Act which are payable at a future date.
Origin
Summary
The Auditor General’s 2010 Work Plan included a review of development funds including community benefits negotiated under Sections 37 and 45 of the Planning Act. The objective of this review was to assess administrative procedures for monitoring benefits secured under Sections 37 and 45 of the Planning Act.
This report contains seven recommendations along with a management response to each of the recommendations. The implementation of these recommendations will improve the administrative controls which ensure all community benefits secured under Sections 37 and 45 of the Planning Act are received.
Background Information
https://www.toronto.ca/legdocs/mmis/2011/au/bgrd/backgroundfile-37764.pdf
(March 31, 2011) Appendix 1 - City Planning Division - Community Benefits Secured Under Section 37 or 45 of the Planning Act
https://www.toronto.ca/legdocs/mmis/2011/au/bgrd/backgroundfile-37765.pdf
Management's Response to the Auditor General's Review of City Planning Division, Community Benefits Secured Under Section 37 or 45 of the Planning Act
https://www.toronto.ca/legdocs/mmis/2011/au/bgrd/backgroundfile-37766.pdf