Board of Governors of Exhibition Place
The full agenda, as filed
All 15 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
EP8.1referred
Exhibition Place Master Plan Development - Update
At its meeting of April 10, 2019, City Planning staff presented the final Cultural Heritage Landscape Assessment (CHLA) for Exhibition Place undertaken by City Planning through the engagement of Archeological Services Inc. Subsequently, a report on this matter entitled "Exhibition Place - Cultural Heritage Landscape Assessment and Next Steps for Master Plan" was presented to City Council and the following recommendations were approved related to the development of a Master Plan for Exhibition Place: - City Council adopt the proposed Master Plan study framework as described in the report (April 10, 2019) from the Director, Community Planning, Toronto and East York District to guide on-going work on the Master Plan. - City Council direct City Planning staff to undertake public consultations on the development of the Master Plan, including consultations with various stakeholder groups, the community at large, and the Indigenous community. - City Council forward a copy of this Item to the Board of Governors of Exhibition Place for its information and City Council direct City Planning staff to work with the Exhibition Place Board of Governors to coordinate work of the Master Plan with development of the new Strategic Plan for Exhibition Place. At its meeting of September 19, 2019, City Planning staff gave a presentation to the Board on work completed to date to advance the development of the Exhibition Place Master Plan. The presentation included an overview of the preliminary urban design analysis, draft vision and guiding principles, and ongoing consultation efforts to continue through the end of 2019. The purpose of the Master Plan is to provide a long-term framework for physical change at Exhibition Place, while recognizing the unique attributes of the site and the role the lands have played in the development of Toronto. The recommended strategies will be informed by the CHLA, the existing planning framework, concurrent transportation and parks initiatives, and consultation input. The Master Plan is intended to be coordinated with the future plans for the revitalization of Ontario Place, and with other initiatives at Exhibition Place including the development of its Strategic Plan. City Planning staff will be attending the Board meeting of December 13, 2019 to present the progress on the Exhibition Place Master Plan to date since the September 19, 2019 presentation to the Board, as well as to report on consultation and reporting to take place in early 2020.
The Board of Governors of Exhibition Place: 1. Referred the item to the Chief Executive Officer to: a. bring forward to the next Tenant Liaison Consultation meeting to review and obtain input from the tenants; and b. report to the Board with the results at its February 11, 2020 meeting.
Staff recommendation as filed
The Chief Executive Officer recommends that: 1. The Board of Governors of Exhibition Place receive this report for information.
EP8.2adopted
Exhibition Place Management Report - Third Quarter, 2019
The management report from the Chief Executive Officer is provided to the Board for information. A new format has been developed with graphs and tables for ease of reference of the information by the Board and the community. This Management Report will be produced on a quarterly basis. In addition, there will be a separate quarterly Financial Report.
The Board of Governors of Exhibition Place: 1. Received the report (November 29, 2019) from the Chief Executive Officer, Exhibition Place for information.
Staff recommendation as filed
The Chief Executive Officer recommends that: 1. The Board receive this report for information.
EP8.3deferred
Exhibition Place Financial Report - Third Quarter (Q3) September 30, 2019
This report includes several detailed appendices that provide a full financial summary of all program areas of Exhibition Place for the third quarter (Q3) ending September 30, 2019.
The Board of Governors of Exhibition Place: 1. Deferred consideration of the item until its February 11, 2020 meeting.
Staff recommendation as filed
The Chief Executive Officer recommends that: 1. The Board direct that Confidential Attachment 1 to this report remain confidential as it contains financial information that belongs to the Board of Governors of Exhibition Place and has monetary value or potential monetary value.
EP8.4adopted
Occupational Health and Safety Report: Third Quarter 2019
This report provides information on the status of the Exhibition Place health and safety system, specifically on activities, priorities and performance during the third quarter of 2019. There were 0 lost time injuries and a 66 percent decrease in the number of medical aid injuries in the third quarter of 2019 relative to 2018. Workplace Safety and Insurance Board ("WSIB") invoiced costs for third quarter 2019 were 14 percent lower than in third quarter 2018. As Long Term Disability costs were about the same, the decrease is attributable to lower WSIB Administration fees.
The Board of Governors of Exhibition Place: 1. Received the report (November 28, 2019) from the Chief Executive Officer, Exhibition Place for information.
Staff recommendation as filed
The Chief Executive Officer recommends that: 1. The Board receive this report for information.
EP8.5deferred
Security Union Status De-Certification
Exhibition Place, together with City of Toronto Labour Relations, were preparing for upcoming negotiations with CUPE Local 5116 (Security), as the Collective Bargaining Agreement between the parties was set to expire on December 31, 2019. However, prior to either party giving notice to commence bargaining, an application for the termination of bargaining rights was filed in accordance with the process and requirements of the Ontario Labour Relations Board's ("OLRB") Rules of Procedure, by members of CUPE Local 5116. After a vote was conducted, the membership voted to de-certify from CUPE Local 5116. On October 22, 2019, Exhibition Place received the final Decision of the OLRB approving the termination of bargaining rights with CUPE Local 5116.
The Board of Governors of Exhibition Place: 1. Deferred consideration of the item until its February 11, 2020 meeting.
Staff recommendation as filed
The Chief Executive Officer recommends that: 1. The Board authorize the Chief Executive Officer to engage a consultant to conduct a Market Analysis of compensation levels for the employees in the Security group. 2. The Board direct the Chief Executive Officer to report back in early 2020 on the design and financial implications of the implementation of the Market Analysis design.
EP8.6adopted
Write-off of Uncollectible Receivables
In accordance with Financial By-Law 2-18 Article XIV, this report recommends that the Board approve of the write-off of Exhibition Place account receivables that are not collectible as identified in Confidential Attachment 1. Once approved, the receivables will be fully written-off and removed from the Board's accounts.
The Board of Governors of Exhibition Place: 1. Directed that the accounts receivable identified in Confidential Attachment 1 to the report (November 28, 2019) from the Chief Executive Officer, Exhibition Place be written-off and removed from the accounts receivables record. 2. Directed that Confidential Attachment 1 to the report (November 28, 2019) from the Chief Executive Officer, Exhibition Place remain confidential in its entirety as it contains financial information that belongs to the Board of Governors of Exhibition Place and has monetary value or potential monetary value.
Staff recommendation as filed
The Chief Executive Officer recommends that: 1. The Board direct that the accounts receivable identified in Confidential Attachment 1 to this report be written-off and removed from the accounts receivables record. 2. The Board direct that Confidential Attachment 1 to this report remain confidential in its entirety as it contains financial information that belongs to the Board of Governors of Exhibition Place and has monetary value or potential monetary value.
EP8.7deferred
Delegation Schedule Pursuant to Financial By-law No. 2-18
This report is submitted to satisfy the annual reporting requirements of Article 4 of Financial By-law No. 2-18 which Delegation Schedule will be effective starting January 1, 2020.
The Board of Governors of Exhibition Place: 1. Deferred consideration of the item until its February 11, 2020 meeting.
Staff recommendation as filed
The Chief Executive Officer recommends that: 1. The Board approve the Delegation Schedule prepared pursuant to Article 4 of Financial By-law No. 2-18, to be effective January 1, 2020.
EP8.8adopted
At its meeting of June 13, 2019 the Board approved without amendment the 2020 Operating Budget surplus of $175,000 an increase of $15,000 or 9 percent over 2019. At that time the City was undergoing a budget modernisation process and the City Manager had not provided the 2020 Budget Process, Directions and Guidelines yet to City Divisions and Agencies for its 2020 submissions. In November 2019 the City Manager issued the budget process and guidelines to all City Divisions and Agencies. The City Manager request to Exhibition Place for 2020 was to prepare an operating budget that better align with our actual historical performance. Previously, as directed by the City the Exhibition Place operating budget was prepared on a "budget to budget" basis. Exhibition Place have since worked with the City Financial Planning staff and have developed a revised operating budget that meets this directive. The revised operating budget is a net surplus of $500,000. The revised budget includes an expenditure for a contribution to the Conference Centre Reserve Fund ("CCRF") of $300,000. Previously the City allowed contribution to the CCRF since 2007 based on budget surplus in excess of budget target. City Council, at its meeting of January 17, 2012, reaffirmed the policy that Exhibition Place continue to contribute future operating budget surpluses (if any) to the Exhibition Place CCRF. The revised budget showing the changes as per Schedule 1 below increases the operating surplus from $175,000 to $500,000 to reflect Exhibition Place historical results which represent an increased surplus of $325,000 or 186 percent.
The Board of Governors of Exhibition Place: 1. Approved the revised 2020 Operating Budget as per Schedule 1 on page 3 of the report (November 28, 2019) from the Chief Executive Officer, Exhibition Place. 2. Directed the Chief Executive Officer, Exhibition Place to submit the revised 2020 Budget to the City Financial Planning Division as part of the 2020 Budget Process.
Staff recommendation as filed
The Chief Executive Officer recommends that: 1. The Board approve the revised 2020 Operating Budget as per Schedule 1 on page 3 of this report. 2. The Board direct the Chief Executive Officer to submit the revised 2020 Budget to the City Financial Planning Division as part of the 2020 Budget Process.
EP8.9deferred
Revised 2020 Capital Works Budget as Part of Ten-Year (2020-2029) Program
At its meeting of June 13, 2019 the Board approved without amendment the 2020 Capital Works Budget as part of the ten-year (2020-2029) Program. At that time the City was undergoing a budget modernisation process and the City Manager had not provided the 2020 Budget Process, Directions and Guidelines yet to City Divisions and Agencies for its 2020 submissions and the City Budget Submission was consistent with historical submissions within the ten-year cycle which includes the 2020 State of Good Repair ("SOGR") of $13.820 million. In November 2019 the City Manager Office communicated the 2020-2029 Capital Budget instructions and submission guidelines to all City Programs and Agencies. The City Manager request to Exhibition Place was for the Capital Works Budget and Plan Submission to reflect the organization's capacity to spend and complete its projects. Previously, as directed by the City the Exhibition Place Capital Works Budget was prepared based on a specific debt target level for each of the 10 year program which debt level is no longer assigned commencing in 2020. The revised 2020 - 2029 Exhibition Place Capital Works Budget has been developed with the City Financial Planning staff based on the November 2019 instructions and guidelines and meets and meets the City Manager directive which includes the revised 2020 SOGR of $11.465 million.
The Board of Governors of Exhibition Place: 1. Deferred consideration of the item until its February 11, 2020 meeting.
Staff recommendation as filed
The Chief Executive Officer recommends that: 1. The Board approve the proposed revised 2020 Capital Works State-of-Good Repair Budget of $11.465 million, as part of the ten-year (2020-2029) proposed program submission to the City of Toronto, as shown on Appendix A of this report. 2. The Board direct the Chief Executive Officer to submit the 2020 revised Capital Works Budget to the City Financial Planning Division as part of the 2020 Budget Process.
EP8.10adopted
This report recommends revisions to the Exhibition Place Executive Compensation Plan for its four employees: Chief Executive Officer; Chief Financial Officer and Corporate Secretary; General Manager, Sales and Event Management Department; and General Manager, Operations Department (the "Executive Team Positions"). At its meeting of June 13, 2019 (EP3.24) the Board approved the Executive Incentive Design Framework outlined in the Korn Ferry report. The Board also directed the Chief Executive Officer to report back to the Board no later than December 13, 2019 on the detailed design, application and implications of the implementation of the Executive Incentive Design for the 2020 Fiscal Year ending December 31, 2020. In addition, the Board directed the Chief Executive Officer to forward a confidential copy of the Korn Ferry Incentive Design report attached as Appendix B to Confidential Attachment 1 to the report (May 30, 2019) from the Chief Executive Officer, Exhibition Place, to the City Manager, and to discuss the report with the City Manager and include any feedback in the report requested in Recommendation 2 of the report. This is the report back to the Board on the detailed design, application and implications of the implementation of the Executive Incentive Design and discussion, comments and feedback from the City Manager's Office.
The Board of Governors of Exhibition Place: 1. Approved the Executive Incentive Pay Grid and Short Term Incentives attached as Appendix B to Confidential Attachment 1, to the report (November 28, 2019) from the Chief Executive Officer, Exhibition Place for implementation in the 2020 Fiscal Year ending December 31, 2020, for its four employees: the Chief Executive Officer; the Chief Financial Officer and Corporate Secretary; the General Manager, Sales and Event Management Department; and the General Manager, Operations Department. 2. Directed the Chief Executive Officer to forward a confidential copy of the Executive Incentive Pay Grid and Short Term Incentives attached as Appendix B to Confidential Attachment 1 the report (November 28, 2019) from the Chief Executive Officer, Exhibition Place, to the City Manager. 3. Directed that Confidential Attachment 1, including Confidential Appendices A and B, to the report (November 28, 2019) from the Chief Executive Officer, Exhibition Place remain confidential in its entirety and not be released publicly as it pertains to personal matters about identifiable individuals.
Staff recommendation as filed
The Chief Executive Officer recommends that: 1. The Board approve the Executive Incentive Pay Grid and Short Term Incentives attached as Appendix B to Confidential Attachment 1, for implementation in the 2020 Fiscal Year ending December 31, 2020, for its four employees: the Chief Executive Officer; the Chief Financial Officer and Corporate Secretary; the General Manager, Sales and Event Management Department; and the General Manager, Operations Department. 2. The Board direct the Chief Executive Officer to forward a confidential copy of the Executive Incentive Pay Grid and Short Term Incentives attached as Appendix B to Confidential Attachment 1, to the City Manager. 3. The Board direct that Confidential Attachment 1, including Confidential Appendices A and B, to this report remain confidential in its entirety and not be released publicly as it pertains to personal matters about identifiable individuals.
EP8.11amended
Agreement with Toronto Event Centre Inc.
The Board and Muzik Clubs Inc. ("Muzik") entered into a lease dated February 16, 2004, for premises consisting of the Horticultural Building and a surrounding patio area which lease was subsequently assigned by Muzik to Toronto Event Centre Inc. (the "Tenant") on April 27, 2017, and which expires on February 15, 2024 (the "TEC Lease"). At its meeting of June 13, 2019 the Board approved of entering into an agreement with the Tenant respecting Article 4 of the TEC Lease, subject to obtaining the necessary City authorization on the terms set out in Confidential Attachment 1 to the report dated May 30, 2019 from the Chief Executive Officer of the Board (the "CEO"). The Board also directed the CEO to report back on the Tenant's compliance with the agreement. At its meeting of September 19, 2019 the CEO reported back to the Board as directed and the Board referred the item to the CEO, Exhibition Place with a request to meet with the Tenant and report back to the October 24, 2019 meeting of the Board. At its meeting of October 24, 2019 the CEO reported back to the Board as directed and the Board, subject to obtaining the necessary City authorization, adopted certain confidential instructions to staff set out in Confidential Attachment 1 to the report dated October 22, 2019 from the CEO. This report recommends that the Board recommend that the necessary City authorities approve the entering into of an agreement with the Tenant, on the terms and conditions set out herein.
The Board of Governors of Exhibition Place: 1. Subject to obtaining the necessary City of Toronto authorization, approved an Agreement with the Toronto Event Centre Inc. substantially on the terms and conditions set out in Confidential Attachment 1 to the report (November 29, 2019) from the Chief Executive Officer, Exhibition Place, as amended by the Board in closed session, and on the additional terms and conditions, set out in Confidential Attachment 1 to the supplementary report (December 16, 2019) from the Chief Executive Officer, Exhibition Place, and on such other terms and conditions as deemed appropriate by the Chief Executive Officer and the Deputy City Manager, Corporate Services (the "DCM") or her delegate, and in a form satisfactory to the City Solicitor (the "Agreement"). 2. Authorized the Chief Executive Officer and relevant City of Toronto staff to meet with the tenant to confirm the amended terms and conditions, as adopted by the Board. 3. Directed that Confidential Attachment 1 to the report (November 29, 2019) from the Chief Executive Officer, Exhibition Place, and Confidential Attachment 1 to the supplementary report (December 16, 2019) from the Chief Executive Officer, Exhibition Place remain confidential in their entirety and not be released publicly as they are about a position, plan or instruction to be applied to negotiations carried on or to be carried on by or on behalf of the Board of Governors of Exhibition Place and the City of Toronto.
Staff recommendation as filed
The Chief Executive Officer recommends that: 1. Subject to obtaining the necessary City of Toronto authorization, the Board approve an Agreement with the Toronto Event Centre Inc. substantially on the terms and conditions set out in Confidential Attachment 1, and such other terms and conditions as deemed appropriate by the Chief Executive Officer and the Deputy City Manager, Corporate Services (the "DCM") or her delegate, and in a form satisfactory to the City Solicitor (the "Agreement"). 2. The Board direct that Confidential Attachment 1 to this report remain confidential in its entirety and not be released publicly as this report is about a position, plan or instruction to be applied to negotiations carried on or to be carried on by or on behalf of the Board and the City.
EP8.12deferred
Purchasing and Expenditures Review
The City of Toronto Internal Audit was engaged by Exhibition Place in 2019 for the review of the Purchasing and Expenditures Process Controls. This operational review is the first of the additional 3 year cycle review approved in November 2018 in respect to overall risk assessment of operations. This review covers the 14 months period from March 1, 2018 to April 30, 2019. This report presents for the information of the Board the results of the review and whether there are: 1. Adequate controls and procedures that exist and are working effectively to ensure accuracy and completeness of employee pay and benefits; and 2. Potential opportunities for operational improvements and process efficiencies. The Internal Audit Report is attached as Appendix A to this report along with the highlights of the review and summarizes issues of the engagement, the auditor's suggestions and recommendations (Appendix A). Management has provided responses to the audit findings which will help to improve the overall accounting and internal control procedures.
The Board of Governors of Exhibition Place: 1. Deferred consideration of the item until its February 11, 2020 meeting.
Staff recommendation as filed
The Chief Executive Officer recommends that: 1. The Board receive this report for information.
EP8.13adopted
Liberty Grand Entertainment Complex Inc. Lease Renewal
The Board and the 1309320 Ontario Inc. ("1309320") entered into a lease dated December 7, 2000, for premises known as the Ontario Government Building and certain adjacent lands, which lease was subsequently assigned, with the Board's consent, by 1309320 to Liberty Grand Entertainment Complex Inc. (such lease, as assigned, is hereinafter the "Existing Lease"). The term of the Existing Lease is twenty (20) years, commencing on January 1, 2001 and expiring on December 31, 2020 (the "Existing Term"). Throughout the Existing Term, the Tenant has undertaken significant renovations in the leased premises at a value of approximately $4.65 million excluding food and beverage equipment. Renovations to the roof, windows, HVAC systems, kitchen upgrades, washrooms, interior finishes, carpet, paint and other miscellaneous items over the last 20 years have kept the facility in a state of good repair without having cost the Board and the City any financial resources. The Tenant is requesting an extension of the Existing Lease or a new lease for a further 20 year term, commencing January 1, 2021 to December 31, 2040. Should such extension or new lease be approved by Toronto City Council ("Council"), the Tenant will invest an additional $8.025 million in various improvements during the first 5 years of the new term, which will significantly improve this City asset. This report is recommending that, subject to obtaining Council approval, the Board approve the entering into of a new lease with the Tenant on the terms and conditions provided in this report.
The Board of Governors of Exhibition Place: 1. Subject to obtaining City Council approval, approved a new lease (the "New Lease") between the City of Toronto, as landlord (the "Landlord"), Liberty Grand Entertainment Complex Inc. (the "Tenant"), and the Board, for a term of twenty (20) years commencing January 1, 2021 and ending December 31, 2040, substantially on the terms and conditions set out in Appendix A and Confidential Attachment 1 to the report (December 16, 2019) from the Chief Executive Officer, Exhibition Place and on such other terms and conditions deemed appropriate by the Deputy City Manager, Corporate Services (the "DCM"), the Chief Executive Officer, Exhibition Place (the "CEO") and in a form satisfactory to the City Solicitor. 2. Directed the Chief Executive Officer, Exhibition Place to work with the Deputy City Manager, Corporate Services, to seek City Council's approval for the New Lease set out in Recommendation 1. 3. Directed that Confidential Attachment 1 to the report (December 16, 2019) from the Chief Executive Officer, Exhibition Place remain confidential in its entirety and not be released publicly as it pertains to a proposed or pending acquisition or disposition of land by the City of Toronto and the Board of Governors of Exhibition Place.
Staff recommendation as filed
The Chief Executive Officer recommends that: 1. Subject to obtaining Council approval, the Board approve a new lease (the "New Lease") between the City of Toronto, as landlord (the "Landlord"), Liberty Grand Entertainment Complex Inc. (the "Tenant"), and the Board, for a term of twenty (20) years commencing January 1, 2021 and ending December 31, 2040, substantially on the terms and conditions set out in Appendix "A" and Confidential Attachment 1 and such other terms and conditions deemed appropriate by the Deputy City Manager, Corporate Services (the "DCM"), the Chief Executive Officer, Exhibition Place (the "CEO") and in a form satisfactory to the City Solicitor. 2. The Board direct the Chief Executive Officer to work with the Deputy City Manager, Corporate Services, to seek City Council's approval for the New Lease set out in Recommendation 1. 3. The Board direct that Confidential Attachment 1 to this report remain confidential in its entirety and not be released publicly as it pertains a proposed or pending acquisition or disposition of land by the City and the Board.
EP8.14adopted
Extension of Pepsico Beverages Canada Sponsorship Agreement
At its meeting on December 1, 2014 the Board approved of entering into an agreement with Pepsico Beverages Canada ("Pepsico") to be the official and exclusive soft drink provider to Exhibition Place for a period of five years which report was subsequently approved by City Council at its meeting of February 10, 2015. This agreement is set to expire on February 15, 2020. This report recommends that the Board approve of extending the agreement with Pepsico including Enercare Centre but not including BMO Field or any other tenanted buildings or spaces at Exhibition Place for an additional 3-month interim period from February 16, 2020 - May 15, 2020 on the same terms and conditions as the existing agreement.
The Board of Governors of Exhibition Place: 1. Approved an extension to the sponsorship agreement with Pepsico Beverages Canada for a three (3) month period from February 16 to May 15, 2020; on the same terms and conditions as in the existing agreement save and except for the financial terms as outlined in Confidential Attachment 1 to the report (November 29, 2019) from the Chief Executive Officer, Exhibition Place and any such other terms and conditions satisfactory to the Chief Executive Officer and the City Solicitor. 2. Directed that the confidential information contained in Confidential Attachment 1 to the report (November 29, 2019) from the Chief Executive Officer, Exhibition Place remain confidential and not be released publicly as it contains financial information that belongs to the Board of Governors of Exhibition Place and has monetary value or potential monetary value.
Staff recommendation as filed
The Chief Executive Officer recommends that: 1. The Board approve an extension to the sponsorship agreement with Pepsico Beverages Canada for a three (3) month period from February 16 to May 15, 2020; on the same terms and conditions as in the existing agreement save and except for the financial terms as outlined in Confidential Attachment 1 to this report and any such other terms and conditions satisfactory to the Chief Executive Officer and the City Solicitor; and 2. The Board direct that the confidential information contained in Confidential Attachment 1 to this report remain confidential and not be released publicly as it contains financial information that belongs to the Board of Governors of Exhibition Place and has monetary value or potential monetary value.
EP8.15adopted
Multi-year Agreement with a Gala Event Producer at the Beanfield Centre
This report recommends a multi-year license agreement between a Gala Event Producer and Exhibition Place within the Beanfield Centre.
The Board of Governors of Exhibition Place: 1. Approved three license agreements with the Gala Event Producer for the Beanfield Centre for a three year term in each of 2020, 2021, and 2022 on the terms and conditions set out in Confidential Attachment 1 to the report (December 5, 2019) from the Chief Executive Officer, Exhibition Place, and the terms and conditions of the standard license agreements for Cerise Fine Catering and such other terms and conditions satisfactory to the Chief Executive Officer and City Solicitor. 2. Directed that Confidential Attachment 1 to the report (December 5, 2019) from the Chief Executive Officer, Exhibition Place remain confidential as it relates to the security of the property of the Board.
Staff recommendation as filed
The Chief Executive Officer recommends that: 1. The Board approve three license agreements with the Gala Event Producer for the Beanfield Centre for a three year term in each of 2020, 2021, and 2022 on the terms and conditions set out in Confidential Attachment 1, and the terms and conditions of the standard license agreements for Cerise Fine Catering and such other terms and conditions satisfactory to the Chief Executive Officer and City Solicitor. 2. The Board direct that Confidential Attachment 1 to this report remain confidential as it relates to the security of the property of the Board.