Item - 2015.EX10.12

Tracking Status

  • City Council adopted this item on December 9, 2015 without amendments.
  • This item was considered by Executive Committee on December 1, 2015 and was adopted with amendments. It will be considered by City Council on December 9, 2015.

EX10.12 - Acquisition of 3306 Kingston Road

Decision Type:
ACTION
Status:
Adopted
Ward:
36 - Scarborough Southwest

City Council Decision

City Council on December 9 and 10, 2015, adopted the following:

 

1.  City Council authorize the Chief Corporate Officer (the "CCO") to negotiate the acquisition of 3306 Kingston Road (the "Property") with the Vendor for the purchase price outlined in Confidential Attachment 1 to the report (November 16, 2015) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration, and to authorize the City to enter into an agreement of purchase and sale substantially on the terms outlined in Appendix A to the report (November 16, 2015) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration and on such other or amended terms and conditions as may be acceptable to the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

 

2.  City Council amend the 2015 Approved Capital Budget for Shelter, Support and Housing Administration by the addition of a new capital project called "3306 Kingston Road - Shelter Acquisition" for the costs as outlined in Confidential Attachment 1 to the report (November 16, 2015) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration, funded from the Land Acquisition Reserve Fund (XR1012).

 

3.  City Council authorize severally each of the Chief Corporate Officer and the Director, Real Estate Services to execute the Offer to Sell agreement (the "Agreement") and any ancillary agreements and documents under the Agreement on behalf of the City.

 

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

 

5.  City Council authorize the City Solicitor to complete the contemplated transaction  on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

 

6.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 16, 2015) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration.

 

7.  City Council authorize the public release of the recommendations and financial impact in Confidential Attachment 1 to  the report (November 16, 2015) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration related to the acquisition of 3306 Kingston Road once the contemplated transaction has been completed, and the Vendor has disposed of its interest in the Property and City Council direct that the balance of Confidential Attachment 1 remain confidential as it pertains to potential litigation that affects the City or one of its agencies, boards, and commissions.

 

8.  City Council approve the location of a 120 bed shelter to be operated by City staff from Shelter, Support and Housing Administration at 3306 Kingston Road in Ward 36 in accordance with the requirements of the Municipal Shelter By-law 138-2003.

 

9.  City Council request the Chief Corporate Officer, and the General Manager, Shelter, Support and Housing Administration, in conjunction with applicable Divisions, to help develop a comprehensive plan for 3300 and 3306 Kingston Road, which would include exploring opportunities with abutting property owners in potential future redevelopment proposals.

 

10.  City Council request the General Manager, Shelter, Support and Housing Administration to establish a Community liaison committee associated with this project and establish a review with the Community a minimum of 6 months following the implementation of the re-location.

 

11.  City Council delay the closing of the purchase of 3306 Kingston Road until no sooner than January 2016 in order to review all options related to the larger development acquisition in the area and the net benefit to the community.

 

Confidential Attachment 1 to the report (November 16, 2015) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration remains confidential in its entirety at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to a proposed or pending acquisition or sale of land for municipal or local board purposes and litigation or potential litigation that affects the City or one of its agencies or corporations. 

 

The confidential recommendations and financial impact section contained in Confidential Attachment 1 to the report (November 16, 2015) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration will be made public once the contemplated transaction has been completed and the Vendor has disposed of its interest in the Property. 

Confidential Attachment - A proposed or pending acquisition or sale of land for municipal or local board purposes and litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board.

Background Information (Committee)

(November 16, 2015) Report and Appendices A, B and C from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration on Acquisition of 3306 Kingston Road
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-85964.pdf
(November 16, 2015) Confidential Attachment 1

Communications (Committee)

(November 21, 2015) E-mail from Ed Green (EX.Main.EX10.12.1)
(November 25, 2015) E-mail from Joan Hunter (EX.Supp.EX10.12.2)
(November 25, 2015) E-mail from Gerard T. Arbour (EX.Supp.EX10.12.3)
(November 25, 2015) E-mail from Karin Eaton (EX.Supp.EX10.12.4)
(November 25, 2015) E-mail from Paul Sloggett (EX.Supp.EX10.12.5)
(November 26, 2015) E-mail from John Smee (EX.Supp.EX10.12.6)
(November 25, 2015) Letter from Enrique Robert, Executive Director, Birchmount Bluffs Neighbourhood Centre (EX.Supp.EX10.12.7)
https://www.toronto.ca/legdocs/mmis/2015/ex/comm/communicationfile-57471.pdf
(November 27, 2015) E-mail from Joy Robertson, President, Scarborough Residents Unite Neighbourhood Association (EX.Supp.EX10.12.8)
https://www.toronto.ca/legdocs/mmis/2015/ex/comm/communicationfile-57497.pdf
(November 27, 2015) E-mail from David Darwent (EX.Supp.EX10.12.9)
(November 27, 2015) E-mail from Lorraine Fraser (EX.Supp.EX10.12.10)
(November 29, 2015) E-mail from Christine Caporusso (EX.Supp.EX10.12.11)
(November 29, 2015) E-mail from Ruby Nayyar (EX.Supp.EX10.12.12)
(November 29, 2015) E-mail from Karen Hamilton (EX.Supp.EX10.12.13)
(November 29, 2015) E-mail from Sabrina and Paul Wilson (EX.Supp.EX10.12.14)
(November 30, 2015) E-mail from Gail Scriver (EX.Supp.EX10.12.15)
(November 30, 2015) E-mail from Dan Danielson (EX.Supp.EX10.12.16)
(November 28, 2015) Fax from Helen Tamasauskas (EX.Supp.EX10.12.17)
(November 26, 2015) Fax from Catherine Manley (EX.Supp.EX10.12.18)
(November 30, 2015) E-mail from John Hume (EX.Supp.EX10.12.19)
(November 30, 2015) E-mail from Joan Hunter (EX.Supp.EX10.12.20)
(November 30, 2015) E-mail from Danny Bourne (EX.Supp.EX10.12.21)
(November 30, 2015) E-mail from Janis Topola (EX.Supp.EX10.12.22)
(November 30, 2015) E-mail from Sue Smith (EX.Supp.EX10.12.23)
(November 30, 2015) E-mail from Anne De La Franier (EX.Supp.EX10.12.24)
(November 30, 2015) E-mail from Leslie McDonald (EX.Supp.EX10.12.25)
(November 30, 2015) E-mail from Councillor Gary Crawford (EX.Supp.EX10.12.26)
https://www.toronto.ca/legdocs/mmis/2015/ex/comm/communicationfile-57534.pdf
(November 30, 2015) E-mail from Alanna Anderson (EX.Supp.EX10.12.27)
(November 30, 2015) E-mail from George and Margaret Davidson (EX.Supp.EX10.12.28)
(November 30, 2015) E-mail from Rob MacLellan (EX.Supp.EX10.12.29)
(November 30, 2015) E-mail from Devi Pal (EX.Supp.EX10.12.30)
(November 1, 2015) E-mail from Mary Fong (EX.Supp.EX10.12.31)
(December 1, 2015) E-mail from Victoria Hamlyn (EX.Supp.EX10.12.32)
(December 1, 2015) Petition from approximately 110 individuals urging our leaders to reject the proposed plan for shelter programming at 3306 Kingston Road (on file in the City Clerk's Office) (EX.New.EX10.12.33)
(December 1, 2015) Petition from approximately 44 individuals against proposed homeless shelter located at Comfort Inn East, 3006 Kingston Road (on file in the City Clerk's Office) (EX.New.EX10.12.34)

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Dec-09-2015 4:51 PM

Result: Carried Majority Required - EX10.12 - Adopt the item
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, John Tory, 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 Michelle Berardinetti, Shelley Carroll, Joe Cressy, Justin J. Di Ciano, Rob Ford, Giorgio Mammoliti, Pam McConnell, Ron Moeser, Cesar Palacio, David Shiner, Michael Thompson

EX10.12 - Acquisition of 3306 Kingston Road

Decision Type:
ACTION
Status:
Amended
Ward:
36 - Scarborough Southwest

Confidential Attachment - A proposed or pending acquisition or sale of land for municipal or local board purposes and litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board.

Committee Recommendations

The Executive Committee recommends that:

 

1.  City Council authorize the Chief Corporate Officer (the "CCO") to negotiate the acquisition of 3306 Kingston Road (the "Property") with the Vendor for the purchase price outlined in Confidential Attachment 1 to the report (November 16, 2015) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration, and authorize the City to enter into an agreement of purchase and sale substantially on the terms outlined in Appendix "A" to the report (November 16, 2015) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration and on such other or amended terms and conditions as may be acceptable to the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

 

2.  City Council authorize that the 2015 Approved Capital Budget for Shelter, Support and Housing Administration be amended by the addition of a new capital project called "3306 Kingston Road - Shelter Acquisition" for the costs as outlined in Confidential Attachment 1 to the report (November 16, 2015) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration, funded from the Land Acquisition Reserve Fund (XR1012).

 

3.  City Council authorize severally each of the Chief Corporate Officer and the Director, Real Estate Services to execute the Offer to Sell agreement (the "Agreement") and any ancillary agreements and documents under the Agreement on behalf of the City.

 

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

 

5.  City Council authorize the City Solicitor to complete the contemplated transaction  on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

 

6.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 16, 2015) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration

 

7.  City Council authorize the public release of the Recommendations and Financial Impact in Confidential Attachment 1 to  the report (November 16, 2015) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration related to the acquisition of 3306 Kingston Road once the contemplated transaction has been completed, and the Vendor has disposed of its interest in the Property and direct that the balance of Confidential Attachment 1 remain confidential as it pertains to potential litigation that affects the City or one of its agencies, boards, and commissions.

 

8.  City Council approve the location of a 120 bed shelter to be operated by City staff from Shelter, Support and Housing Administration at 3306 Kingston Rd. in Ward 36 in accordance with the requirements of the Municipal Shelter By-law 138‑2003.

 

9.  City Council request the Chief Corporate Officer, and the General Manager, Shelter, Support and Housing Administration in conjunction with applicable Divisions, to help develop a comprehensive plan for 3300 and 3306 Kingston Road, which would include exploring opportunities with abutting property owners in potential future redevelopment proposals.

 

10.  City Council request the General Manager, Shelter, Support and Housing Administration to establish a Community liaison committee associated with this project and establish a review with the Community a minimum of 6 months following the implementation of the re-location.

 

11.  City Council delay the closing of the purchase of 3306 Kingston Road until no sooner than January 2016 in order to review all options related to the larger development acquisition in the area and the net benefit to the community.

Decision Advice and Other Information

The Executive Committee recessed its public meeting and met in closed session as this item pertains to a proposed or pending acquisition or sale of land for municipal or local board purposes and litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board.

Origin

(November 16, 2015) Report from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration

Summary

The purpose of this report is to obtain authority and funding to acquire 3306 Kingston Road for temporary and transitional shelter programs. The location meets the requirements of the Municipal Shelter By-law 138-2003.

 

In April 2015, City Council adopted an Infrastructure and Service Improvement Plan for the Emergency Shelter System, which identified the need for new sites for various shelter and transitional programs. One of the shelter programs requiring a new site is Birchmount Residence, a 56 bed transitional shelter program for senior men, which currently occupies leased premises at 1673 Kingston Road.

 

The layout of the building at 3306 Kingston Road is suitable for accommodating the Birchmount Residence program. In addition, as the building has space for up to 120 transitional and temporary shelter beds and associated supportive programming, another 64 beds can be utilized in accordance with the needs identified in the Infrastructure and Service Improvement Plan for the Emergency Shelter System.

 

This report seeks City Council approval to proceed as outlined herein and in Attachment 1 – Confidential Information, with the acquisition of 3306 Kingston Road as a new shelter site.

Background Information

(November 16, 2015) Report and Appendices A, B and C from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration on Acquisition of 3306 Kingston Road
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-85964.pdf
(November 16, 2015) Confidential Attachment 1

Communications

(November 21, 2015) E-mail from Ed Green (EX.Main.EX10.12.1)
(November 25, 2015) E-mail from Joan Hunter (EX.Supp.EX10.12.2)
(November 25, 2015) E-mail from Gerard T. Arbour (EX.Supp.EX10.12.3)
(November 25, 2015) E-mail from Karin Eaton (EX.Supp.EX10.12.4)
(November 25, 2015) E-mail from Paul Sloggett (EX.Supp.EX10.12.5)
(November 26, 2015) E-mail from John Smee (EX.Supp.EX10.12.6)
(November 25, 2015) Letter from Enrique Robert, Executive Director, Birchmount Bluffs Neighbourhood Centre (EX.Supp.EX10.12.7)
https://www.toronto.ca/legdocs/mmis/2015/ex/comm/communicationfile-57471.pdf
(November 27, 2015) E-mail from Joy Robertson, President, Scarborough Residents Unite Neighbourhood Association (EX.Supp.EX10.12.8)
https://www.toronto.ca/legdocs/mmis/2015/ex/comm/communicationfile-57497.pdf
(November 27, 2015) E-mail from David Darwent (EX.Supp.EX10.12.9)
(November 27, 2015) E-mail from Lorraine Fraser (EX.Supp.EX10.12.10)
(November 29, 2015) E-mail from Christine Caporusso (EX.Supp.EX10.12.11)
(November 29, 2015) E-mail from Ruby Nayyar (EX.Supp.EX10.12.12)
(November 29, 2015) E-mail from Karen Hamilton (EX.Supp.EX10.12.13)
(November 29, 2015) E-mail from Sabrina and Paul Wilson (EX.Supp.EX10.12.14)
(November 30, 2015) E-mail from Gail Scriver (EX.Supp.EX10.12.15)
(November 30, 2015) E-mail from Dan Danielson (EX.Supp.EX10.12.16)
(November 28, 2015) Fax from Helen Tamasauskas (EX.Supp.EX10.12.17)
(November 26, 2015) Fax from Catherine Manley (EX.Supp.EX10.12.18)
(November 30, 2015) E-mail from John Hume (EX.Supp.EX10.12.19)
(November 30, 2015) E-mail from Joan Hunter (EX.Supp.EX10.12.20)
(November 30, 2015) E-mail from Danny Bourne (EX.Supp.EX10.12.21)
(November 30, 2015) E-mail from Janis Topola (EX.Supp.EX10.12.22)
(November 30, 2015) E-mail from Sue Smith (EX.Supp.EX10.12.23)
(November 30, 2015) E-mail from Anne De La Franier (EX.Supp.EX10.12.24)
(November 30, 2015) E-mail from Leslie McDonald (EX.Supp.EX10.12.25)
(November 30, 2015) E-mail from Councillor Gary Crawford (EX.Supp.EX10.12.26)
https://www.toronto.ca/legdocs/mmis/2015/ex/comm/communicationfile-57534.pdf
(November 30, 2015) E-mail from Alanna Anderson (EX.Supp.EX10.12.27)
(November 30, 2015) E-mail from George and Margaret Davidson (EX.Supp.EX10.12.28)
(November 30, 2015) E-mail from Rob MacLellan (EX.Supp.EX10.12.29)
(November 30, 2015) E-mail from Devi Pal (EX.Supp.EX10.12.30)
(November 1, 2015) E-mail from Mary Fong (EX.Supp.EX10.12.31)
(December 1, 2015) E-mail from Victoria Hamlyn (EX.Supp.EX10.12.32)
(December 1, 2015) Petition from approximately 110 individuals urging our leaders to reject the proposed plan for shelter programming at 3306 Kingston Road (on file in the City Clerk's Office) (EX.New.EX10.12.33)
(December 1, 2015) Petition from approximately 44 individuals against proposed homeless shelter located at Comfort Inn East, 3006 Kingston Road (on file in the City Clerk's Office) (EX.New.EX10.12.34)

Speakers

Andrew Tumilty
Heather Yuill
Tom Moloney
Alanna Anderson, WoodGreen Community Services
Danny Bourne
Colin Caie, former resident, Birchmount Area, Community Board, Birchmount Residence for Men
Stella Pinnock
Haile Ghebrat
Councillor Mike Layton
Councillor Glenn DeBaeraemaeker

Motions

1 - Motion to Meet in Closed Session moved by Mayor John Tory (Carried)

3:07 p.m. - That the Executive Committee recess its public meeting and meet in closed session as this item pertains to a proposed or pending acquisition or sale of land for municipal or local board purposes and litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board.


2 - Motion to Amend Item (Additional) moved by Councillor Gary Crawford (Carried)

That:

 

1.  City Council request the Chief Corporate Officer, and the General Manager, Shelter, Support and Housing Administration in conjunction with applicable Divisions, to help develop a comprehensive plan for 3300 and 3306 Kingston Road, which would include exploring opportunities with abutting property owners in potential future redevelopment proposals.

 

2.  City Council request the General Manager, Shelter, Support and Housing Administration to establish a Community liaison committee associated with this project and establish a review with the Community a minimum of 6 months following the implementation of the re-location.

 

3. City Council delay closing of the purchase of 3306 Kingston Road until no sooner than January 2016 in order to review all options related to the larger development acquisition in the area and the net benefit to the community.

Vote (Amend Item (Additional)) Dec-01-2015

Result: Carried Majority Required
Total members that voted Yes: 11 Members that voted Yes are Paul Ainslie, Ana Bail„o, Gary Crawford, Frank Di Giorgio, Mary-Margaret McMahon, Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson, John Tory (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 2 Members that were absent are Michelle Berardinetti, James Pasternak

3 - Motion to Adopt Item as Amended moved by Councillor Gary Crawford (Carried)

Vote (Adopt Item as Amended) Dec-01-2015

Result: Carried Majority Required
Total members that voted Yes: 11 Members that voted Yes are Paul Ainslie, Ana Bail„o, Gary Crawford, Frank Di Giorgio, Mary-Margaret McMahon, Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson, John Tory (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 2 Members that were absent are Michelle Berardinetti, James Pasternak
Source: Toronto City Clerk at www.toronto.ca/council