Item - 2017.GM22.31

Tracking Status

  • City Council adopted this item on October 2, 2017 without amendments.
  • This item was considered by the Government Management Committee on September 25, 2017 and adopted without amendment. It will be considered by City Council on October 2, 2017.
  • See also By-law 1045-2017

GM22.31 - Settlement of Expropriation of 1229 Ellesmere Road

Decision Type:
ACTION
Status:
Adopted
Ward:
37 - Scarborough Centre

City Council Decision

City Council on October 2, 3 and 4, 2017, adopted the following:

 

1.  City Council authorize the Chief Corporate Officer to enter into a Section 24 Expropriations Act Agreement for the acquisition of 1229 Ellesmere Road with 2288868 Ontario Limited for the purchase price outlined in Confidential Attachment 1 to the report (August 31, 2017) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration, and City Council authorize the City to enter into the Agreement substantially on the terms outlined in Appendix A to the report (August 31, 2017) 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 2017 Council Approved Capital Budget for Shelter, Support and Housing Administration by the addition of a new capital project called "1229 Ellesmere Road - Shelter Acquisition" for the costs outlined in Confidential Attachment 1 to the report (August 31, 2017) 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 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 Agreement, including the provision of any consents, approvals, waivers and notices, provided that the Chief Corporate Officer 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 Agreement on behalf of the City, including paying any necessary expenses, amending the closing and other dates, and amending terms and conditions, on such terms as the City Solicitor considers reasonable.

  

6.  If the acquisition of the Property is not successfully completed as provided for in Part 1 above:

 

a.  City Council, as approving authority under the Expropriations Act, approve the expropriation of the property shown as Part 1 on the draft Reference Plan in Appendix C to the report (August 31, 2017) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration;

 

b.  City Council authorize the City, as expropriating authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to, the preparation and registration of an Expropriation Plan and service of Notices of Expropriation, Notices of Election as to a Date for Compensation and Notices of Possession; and

 

c.  City Council authorize the Director, Real Estate Services to sign the Notices of Expropriation, Notices of Possession and the Offer of Compensation for the Property, on behalf of the City.

 

7.  City Council authorize the public release of the confidential information in Confidential Attachment 1 to the report (August 31, 2017) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration once the transaction contemplated in City Council's decision has been successfully completed, and the Owner has disposed of its interest in the Property, or in the event of an expropriation, there has been a final determination of all claims for compensation, to the satisfaction of the City Solicitor.

 

Confidential Attachment 1 to the report (August 31, 2017) 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.

 

Confidential Attachment 1 to the report (August 31, 2017) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration will be made public once the transaction contemplated in City Council's decision has been successfully completed and the Owner has disposed of its interest in the Property, or in the event of an expropriation, there has been a final determination of all claims for compensation, to the satisfaction of the City Solicitor. 

Confidential Attachment - A proposed or pending acquisition or sale of land for municipal or local board purposes

Background Information (Committee)

(August 31, 2017) Report and Appendices A to C from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration on Settlement of Expropriation of 1229 Ellesmere Road
https://www.toronto.ca/legdocs/mmis/2017/gm/bgrd/backgroundfile-106688.pdf
Confidential Attachment 1

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Oct-03-2017 2:19 PM

Result: Carried Majority Required - GM22.31 - Adopt the item
Total members that voted Yes: 41 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 3 Members that were absent are Vincent Crisanti, Giorgio Mammoliti, Anthony Perruzza

GM22.31 - Settlement of Expropriation of 1229 Ellesmere Road

Decision Type:
ACTION
Status:
Adopted
Ward:
37 - Scarborough Centre

Confidential Attachment - A proposed or pending acquisition or sale of land for municipal or local board purposes

Committee Recommendations

The Government Management Committee recommends that:

 

1.  City Council authorize the Chief Corporate Officer to enter into a Section 24 Expropriations Act Agreement for the acquisition of 1229 Ellesmere Road with 2288868 Ontario Limited for the purchase price outlined in Confidential  Attachment 1 to the report (August 31, 2017) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration, and authorize the City to enter into the Agreement substantially on the terms outlined in Appendix A to the report (August 31, 2017) 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 2017 Council Approved Capital Budget for Shelter, Support and Housing Administration by the addition of a new capital project called "1229 Ellesmere Road - Shelter Acquisition" for the costs as outlined in Confidential Attachment 1 to the report (August 31, 2017) 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 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 Agreement, 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 Agreement on behalf of the City, including paying any necessary expenses, amending the closing and other dates, and amending terms and conditions, on such terms as she considers reasonable.

  

6.  If the acquisition of the Property is not successfully completed as provided for in Recommendation 1:

 

a.  City Council, as approving authority under the Expropriations Act, approve the expropriation of the property shown as Part 1 on the draft Reference Plan in Appendix C to the report (August 31, 2017) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration;

 

b.  City Council authorize the City, as expropriating authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to, the preparation and registration of an Expropriation Plan and service of Notices of Expropriation, Notices of Election as to a Date for Compensation and Notices of Possession; and

 

c.  City Council authorize the Director, Real Estate Services to sign the Notices of Expropriation, Notices of Possession and the Offer of Compensation for the Property, on behalf of the City.

 

7.  City Council authorize the public release of the confidential information in Confidential Attachment 1 to the report (August 31, 2017) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration once the transaction contemplated in the report has been successfully completed, and the Owner has disposed of its interest in the Property, or in the event of an expropriation, there has been a final determination of all claims for compensation, to the satisfaction of the City Solicitor.

Origin

(August 31, 2017) 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 enter into a Section 24 Agreement under the Expropriations Act (Ontario) (the "Act"), to settle the acquisition 1229 Ellesmere Road, also known as Birkdale Residence. The acquisition will allow for the continued use of the site for emergency family shelter programs. This report also seeks approval from City Council, as the approving authority under the Act, to expropriate the lands in the event City Council does not approve this recommended settlement, or the Section 24 Agreement transaction is not successfully completed.

 

This shelter has been leased by the City as a tenant since 1996.  The latest lease term ended on March 31, 2017.  Since then, the City has continued as a month-to-month tenant, on the terms and conditions of the lease. On January 31, 2017, City Council granted authority to serve and publish Notices of Application for Approval to Expropriate 1229 Ellesmere Road, as it was unlikely that satisfactory terms for a continued lease or purchase could be reached at the time.

 

Due to the sensitive use of the site and shortage of shelter beds in the system, this property acquisition is necessary and recommended to ensure its continued use as an emergency shelter.

 

Staff have successfully negotiated terms of a settlement with the owner of the property and this report seeks approval from City Council to proceed with the acquisition. In the event that City Council does not adopt the settlement recommendation or the acquisition cannot be successfully completed, this report also seeks approval from City Council, as the approving authority under the Act, to expropriate the lands known municipally as 1229 Ellesmere Road.  The owner has served a Notice to Quit the premises by November 30, 2017, if the acquisition or expropriation of the property has not been completed by that date.

Background Information

(August 31, 2017) Report and Appendices A to C from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration on Settlement of Expropriation of 1229 Ellesmere Road
https://www.toronto.ca/legdocs/mmis/2017/gm/bgrd/backgroundfile-106688.pdf
Confidential Attachment 1

Motions

Motion to Adopt Item moved by Councillor Neethan Shan (Carried)
Source: Toronto City Clerk at www.toronto.ca/council