TABLE OF CONTENTS
REPORTS OF THE STANDING COMMITTEES
AND OTHER COMMITTEES
As Considered by
The Council of the City of Toronto
on March 2, 3 and 4, 1999
CORPORATE SERVICES COMMITTEE
REPORT No. 2
1Sale of Surplus Spadina Project Property at106 Everden Road - (Ward 28 - York-Eglinton)
2Sale of Surplus Spadina Project Property at132 Everden Road (Ward 28 - York-Eglinton)
3Sale of Surplus Spadina Project Propertyat 139 Everden Road (Ward 28 - York-Eglinton)
4Sale of Surplus Spadina Project Propertyat 149 Everden Road - (Ward 28 - York-Eglinton)
5Sale of Surplus Spadina Project Property27 Gloucester Grove - (Ward 28 - York-Eglinton)
6Sale of Surplus Spadina Project Property28 Gloucester Grove - (Ward 28 - York-Eglinton)
7Sale of Surplus Spadina Project Property at50 Heathdale Road - (Ward 28 - York-Eglinton)
8Sale of Surplus City-Owned Property,80 Turnberry Avenue,(Ward 21 - Davenport
9Purchase of Properties at 7 and 9 Monkton Avenue,for Municipal Parking Purposes
10203 Queens Quay West - Proposed EncroachmentAgreement - (Ward 24 - Downtown)
11Expropriation of Property Interest, Sheppard Subway ProjectTemporary Interest in a Portion of 204
Sheppard Avenue West,(Ward 10 - North York Centre)
12Proposed Property Disposal - 71 Milvan Drive,(Ward 6 - North York Humber
13Proposed Land Exchange - York City Centre,South-West Corner of Eglinton Avenue Westand Black Creek
Drive (Ward 27 - York - Humber)
14Construction of Harbourfront Fire Station,339 Queen's Quay West - Project No. 880004FD,Tender No.
148-1998 (Downtown)
15Lease Agreement (New Owner) -1860 Wilson Avenue(Ward 6 - North York Humber
16Interim Property Tax Bills
17Options for Placing Either the City's Coat of Arms orthe City's Logo in Toronto City Hall Council Chamber
18City of Toronto French Committee\Comité Français De La Ville De Toronto
19Legal Representation for the City of Torontoand Four Paramedics at the Inquest intothe Death of Kenneth
Allen
20Property Damage ClaimSt. Clair Avenue East and Warden Avenue
21Property Damage ClaimLansdowne Avenue and Davenport Road
22Recipients - Constance E. Hamilton Award
231999 Membership Fee - Federationof Canadian Municipalities
241999 Membership Fee - Associationof Municipalities of Ontario
25Remuneration and Expenses of Members ofCouncil and of Council Appointees to Local Boards and Other
Special Purpose Bodies
for the Period January 1, to December 31, 1998
26Other Items Considered by the Committee
City of Toronto
REPORT No. 2
OF THE CORPORATE SERVICES COMMITTEE
(from its meeting on February 15, 1999,
submitted by Councillor Dick O'Brien, Chair)
As Considered by
The Council of the City of Toronto
on March 2, 3 and 4, 1999
1
Sale of Surplus Spadina Project Property at
106 Everden Road - (Ward 28 - York-Eglinton)
(City Council on March 2, 3 and 4, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (January 29, 1999) from the
Commissioner of Corporate Services; and reports having requested the Commissioner of Corporate Services, in the
interim, to attempt to negotiate the severance of the rear portion of the property, and that this negotiation occur
between the highest bidder and the residents of 220 Ava Road; and submit a further report thereon to the meeting
of Council scheduled to be held on March 2, 1999:
Purpose:
To authorize the disposal of the property municipally known as 106 Everden Road.
Funding Sources, Financial Implications and Impact Statement:
Revenue of $235,750.00, less closing costs and the usual adjustments, subject to the revenue sharing agreement with the
Province pursuant to Clause No. 1 of Report No. 25 of the former Metropolitan Corporate Administration Committee,
approved on December 4, 1996.
Recommendations:
It is recommended, subject to Provincial concurrence, that:
(1)the Commissioner of Corporate Services be authorized to accept the highest offer in the amount of $235,750.00 as
detailed herein;
(2)Council, pursuant to Clause No. 14 of Report No. 27 of the former Metropolitan Management Committee adopted on
September 28, 1994, waive the minimum required deposit of 10 per cent. of the purchase price;
(3)authority be granted to direct a portion of the sale proceeds on closing to fund the outstanding balance of Costing Unit
No. CP300J56133;
(4)the City Solicitor be authorized and directed to take the appropriate action, in conjunction with Province of Ontario
Officials and/or agents, to complete the transaction on behalf of the Corporation and he be further authorized to amend the
closing date to such earlier or later date as he considers reasonable; and
(5)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background/History:
The Province of Ontario is the owner of 106 Everden Road, subject to a 99 year lease in favour of the City of Toronto. By
its adoption of Clause No. 1 of Report No. 3 of The Corporate Administration Committee on February 12 and 13, 1997,
Metropolitan Council declared the property surplus pursuant to By-law No. 56-95 and authorized its disposal. The
procedures with respect to By-law No. 56-95 have been complied with, a utility canvass has been completed and the
easement requirement detailed herein has been identified.
By its adoption of Clause No. 4 of Report No. 9 of The Corporate Services Committee on July 8, 9, and 10, 1998, Toronto
Council authorized that properties listed in Schedule "A", including the subject property, be sold to Schedule "A"
purchasers at market value determined as of the date of expression of their interest and should be further subject to an
option to purchase at that purchase price (unadjusted). Accordingly, the tenant Elizabeth Harrington was advised as to the
estimated fair market value at $210,000.00 effective July 22, 1997. Ms. Harrington subsequently advised that she was not
prepared to proceed with the purchase of this property and alternatively, selected to vacate the property and accept the
financial incentive of three months rent as a tenant with more than three years occupancy. The tenant vacated on
December 17, 1998, and secured an incentive payment of $3,817.86 less the outstanding amount on her account.
Comments and/or Discussion and/or Justification:
Pursuant to the February 12 and 13, 1997 and July 8, 9 and 10, 1998 authorities, the property was listed with Wakefield
Realty Corporation on January 6, 1999 at an asking price of $224,900.00. As a result, the following offers were received:
PurchaserDepositPurchase Price/Terms
Fenella Rawana$15,000.00$235,750.00 (no conditions)
(certified cheque)
Eron Chichora$12,000.00$225,200.00 (no conditions)
(bank draft)
Marianne Carole Samuel Rose$13,000.00$221,900.00 (no conditions)
(bank draft)
The highest offer is recommended for acceptance:
Property Address:106 Everden Road.
Legal Description:Part of Lots 101 and 102, Plan 2339, designated as Part 4 on Plan No. 7777 former City of York.
Approximate Lot Size:9.1 metres (30 feet) fronting onto Everden Road,
32 metres (105 feet) depth.
Location:West side of Everden Road, north of Ava Road.
Improvements:Detached, bungalow.
Occupancy Status:Vacant.
Easement:Title to the property will be conveyed subject to an easement in favour of the City of Toronto substantially
as shown on Plan 64R-7314 for subway/sewer and other related municipal purposes.
Recommended Sale Price:$235,750.00.
Deposit:$15,000.00.
Purchaser:Fenella Rawana.
Closing Date:March 26, 1999.
Terms:Cash on closing, subject to the usual adjustments.
Listing Broker:Wakefield Realty Corporation.
Selling Broker:Sutton Group - Bayview Realty Inc.
Commission:Four (4) per cent. plus G.S.T., payable on closing of the transaction.
By the adoption of Clause No. 5 of Report No. 9 of The Corporate Services Committee, Council at the meeting held on
July 8, 9, and 10, 1998 directed that comparable sales data be provided in future reports of property sales. Appendix "A"
identifies three comparable properties located in the vicinity that have recently sold. While comparable sales information
can be included as part of the staff report, this property was listed for sale on the TREB multiple listing service and the
forces of the market place have determined the true market value.
Conclusion:
Completion of this transaction detailed above is considered fair and reasonable and reflective of market value.
Contact Name:
S. Badin, Valuator-Negotiator, Real Estate Services, (416) 392-8142, Fax No. (416) 392-4828
E-Mail Address: sheryl_badin@metrodesk.metrotor.on.ca.
--------
Appendix "A"
106 Everden Road - Comparable Sales
The following three addresses represent recent comparable sales of properties that are quite similar to the residence which
forms the subject matter of this report. These three properties consist of five room brick bungalows with two bedrooms.
Approximate
AddressLot SizeSale PriceDate of Sale
109 Everden Road 30 x 132$250,100.00August 10, 1998
118 Everden Road25 x 133$238,100.00August 24, 1998
114 Everden Road25 x 133$222,000.00July 14, 1998
________
The following persons appeared before the Corporate Services Committee respecting the Sale of Surplus Spadina Project
Properties:
-Mr. Gilbert Zamonsky, and gave an overhead presentation in regard thereto;
-Ms. Judy Eversen;
-Ms. Eleanor Lavender, and submitted a brief in regard thereto;
-Ms. Maria Vertolli;
-Mr. Gabriel Heti, and submitted appraisal figures respecting 132 Everden Road; and
-Councillor Howard Moscoe - North York Spadina.
(A copy of the map attached to the aforementioned report was forwarded to all Members of Council with the February 15,
1999, agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)
(City Council on March 2, 3 and 4, 1999, had before it, during consideration of the foregoing Clause, the following report
(February 25, 1999) from the Commissioner of Corporate Services:
Purpose:
To report directly to City Council on the disposal of 106 Everden Road as requested by the Corporate Services Committee
on February 15, 1999.
Funding Sources, Financial Implications and Impact Statement:
As set out in my January 29, 1999 report to the Corporate Services Committee.
Recommendation:
It is recommended that the recommendations in my January 29, 1999 report be approved.
Council Reference/Background/History:
At its meeting held on February 15, 1999, the Corporate Services Committee had before it a report (January 29, 1999)
from the Commissioner of Corporate Services entitled, "Sale of Surplus Spadina Project Property at 106 Everden Road".
The Corporate Services Committee recommended the adoption of the report and reported having requested the
Commissioner of Corporate Services, in the interim, to attempt to negotiate the severance of the rear portion of the
property and that this negotiation occur between the highest bidder and the residents of 220 Ava Road. The Commissioner
of Corporate Services was further requested to submit a report thereon to the meeting of Council scheduled to be held on
March 2, 1999.
Comments and/or Discussion and/or Justification:
A meeting was convened on February 19, 1999 by staff of this department with a representative for the highest bidder and
the residents of 220 Ava Road. Negotiations between the two parties were unsuccessful in coming to an agreement on an
appropriate price for the parcel and it was subsequently agreed by both parties that the severance of the rear portion of
the property would not be pursued.
Conclusion:
It is recommended that completion of the transaction as detailed in my January 29, 1999 report be adopted.
Contact Name:
S. Badin, Valuator-Negotiator, Real Estate Services, (416) 392-8142, Fax No. (416) 392-4828 E-Mail Address:
sheryl_badin@metrodesk.metrotor.on.ca.)
2
Sale of Surplus Spadina Project Property at
132 Everden Road (Ward 28 - York-Eglinton)
(City Council on March 2, 3 and 4, 1999, amended this Clause by striking out the recommendations of the Corporate
Services Committee and inserting in lieu thereof the following:
"It is recommended that the report dated January 22, 1999, from the Commissioner of Corporate Services, be adopted.")
The Corporate Services Committee recommends:
(1)the adoption of the following report (January 22, 1999) from the Commissioner of Corporate Services, subject
to the purchase price of $225,000.00 being reduced by four (4) per cent, being the equivalent of what would have
been charged for the real estate commission fee; and
(2)that with respect to any properties to be purchased by those appearing on Schedule "A", embodied in Clause
No. 4 of Report No. 9 of The Corporate Services Committee, entitled "Surplus Property Within the 'Spadina
Corridor' and 'Scarborough Transportation Corridor', which was approved by City Council on July 8, 9 and 10,
1998, as amended, a similar criteria of deducting the equivalent of a 4 per cent real estate commission also apply:
Purpose:
To authorize the disposal of the property municipally known as 132 Everden Road.
Financial Implications:
Revenue of $225,000.00, less closing costs and the usual adjustments, subject to the revenue sharing agreement with the
Province pursuant to Clause No. 1 of Report No. 25 of the former Metropolitan Corporate Administration Committee,
approved on December 4, 1996.
Recommendations:
It is recommended that:
(1)the Commissioner of Corporate Services be authorized to accept an offer in the amount of $225,000.00 as detailed
herein;
(2)Council, pursuant to Clause No. 14 of Report No. 27 of the former Metropolitan Management Committee adopted on
September 28, 1994, waive the minimum required deposit of 10 per cent of the purchase price;
(3)authority be granted to direct a portion of the sale proceeds on closing to fund the outstanding balance of Costing Unit
No. CP300J56152;
(4)the City Solicitor be authorized and directed to take the appropriate action, in conjunction with Province of Ontario
Officials and/or agents, to complete the transaction on behalf of the Corporation and he be further authorized to amend the
closing date to such earlier or later date as he considers reasonable; and
(5)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background:
The Province of Ontario is the owner of 132 Everden Road, subject to a ninety-nine year lease in favour of the City of
Toronto. By its adoption of Clause No. 1 of Report No. 3 of The Corporate Administration Committee on February 12 and
13, 1997, Metropolitan Council declared the property surplus pursuant to By-law No. 56-95 and authorized its disposal.
The procedures with respect to By-law No. 56-95 have been complied with, a utility canvass has been completed and the
easement requirement detailed herein has been identified.
By its adoption of Clause No. 4 of Report No. 9 of The Corporate Services Committee on July 8, 9 and 10, 1998, Toronto
Council authorized that properties listed in Schedule "A", including the subject, be sold to sitting tenants at market value
determined as at the date of expression of their interest and further that such sale be subject to an option to repurchase at
that purchase price (unadjusted) for a period of two years. Accordingly, the tenant was provided with our February 25,
1997 appraisal estimating the fair market value of this property at $230,000.00 together with an agreement of purchase and
sale.
Comments:
The tenant, Mr. Gabriel Heti, rejected the City's appraised value, and requested the matter of market value be referred to
arbitration in conformance with Council's directive to have a third party arbitrator attempt to bring the parties together.
(Clause No. 4 of Report 9 of the Corporate Services Committee adopted as amended by Council at the meeting held on
July 8, 9 and 10, 1998). An arbitration hearing was held on December 11, 1998, at which time both parties presented oral
and written submissions in support of their respective estimates of market value. In a written decision, the arbitrator, Ms.
Patricia Dunn stated that a sale of the property on the open market at the valuation date would have resulted in a purchase
price in the range of $225,000.00 to $230,000.00.
Subsequent to the arbitrator's decision, Mr. Heti submitted the following offer:
Property Address:132 Everden Road .
Legal Description:Lot 20, Registered Plan 2339, City of Toronto (formerly City of York).
Lot Size:7.62 metres (25 feet) fronting onto Everden Road,
32.3 metres (106 feet) depth.
Location:West side of Everden Road, north of Gloucester Grove.
Improvements:Detached, brick 2-storey dwelling.
Right-of-Way:Subject to a mutual right-of-way.
Easement:Title to the property will be conveyed subject to a sewer easement in favour of the City of Toronto
registered on Part 4, 64R-7314 as set out in Instrument Nos. CA493046 and CA510705.
Occupancy Status:Tenanted.
Date Interest Expressed:February 25, 1997.
Amount of Offer:$225,000.00.
Deposit:$7,000.00 (bank draft).
Purchaser:Gabriel Heti.
Closing Date:March 31, 1999.
Terms:Cash on closing, subject to the usual adjustments and registration of an option to purchase.
The third party arbitrator having received written and oral submissions relative to the value of the property has rendered a
written decision in which she expresses that fair market value is in the range of $225,000.00 to $230,000.00. It is therefore
recommended that Mr. Heti's offer be accepted.
This is a proposed sale to an existing tenant and is based on market value as at February 25, 1997. Council directed that
comparable sales data be provided for property sales in the Spadina corridor. Appendix "A" identifies three comparable
sales located in the vicinity of the subject.
The revenue sharing agreement with the Province as regards the Spadina corridor properties (former Metropolitan
Corporate Administration Committee, Report 25, Clause No. 1, approved December 4, 1996) stipulates that the properties
are to be sold at current market value and the revenues are to be shared on that basis. An appraisal report with an effective
date of October 6, 1998 estimates the value of the property at $280,000.00 which is the basis upon which the revenues are
to be shared. The provincial share of the net proceeds from this sale will therefore be approximately $93,333.33, less
administrative costs and normal adjustments.
Conclusion:
The sale of this property at $225,000.00 is considered fair and reasonable, reflecting market value as at February 25, 1997
in accordance with Council directives.
Contact Name:
S. Badin, Valuator-Negotiator, Real Estate Services, (416) 392-8142, Fax No. (416) 392-4828 E-Mail Address:
sheryl_badin@metrodesk.metrotor.on.ca.
--------
Appendix "A"
132 Everden Road - Comparable Sales
The following three addresses represent recent comparable sales of properties that are similar to the residence which forms
the subject matter of this report. These three properties consist of brick bungalows located in the vicinity of the subject
property.
Approximate
AddressLot SizeSale PriceDate of Sale
38 Gloucester Grove 25 x 100$255,000.00August 15, 1997
117 Everden Road25 x 132$268,000.00October 9, 1997
527 Rushton Road 25 x 120$217,500.00May 28, 1997
The Corporate Services Committee reports, for the information of Council, having also had before it a communication
(February 2, 1999) from Mr. Gabriel Heti, requesting an opportunity to appear before the Corporate Services Committee
respecting his offer to purchase the property located at 132 Everden Road; and outlining events that have occurred over the
last two years respecting the sale of the Spadina Properties.
________
The following persons appeared before the Corporate Services Committee respecting the Sale of Surplus Spadina Project
Properties:
-Mr. Gilbert Zamonsky, and gave an overhead presentation in regard thereto;
-Ms. Judy Eversen;
-Ms. Eleanor Lavender, and submitted a brief in regard thereto;
-Ms. Maria Vertolli;
-Mr. Gabriel Heti, and submitted appraisal figures respecting 132 Everden Road; and
-Councillor Howard Moscoe - North York Spadina.
(A copy of the map attached to the aforementioned report was forwarded to all Members of Council with the February 15,
1999, agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)
(City Council on March 2, 3 and 4, 1999, had before it, during consideration of the foregoing Clause, the following report
(March 3, 1999) from the Commissioner of Corporate Services:
Purpose:
To report to City Council with information on the subject matter as requested.
Financial Implications:
As set out on the chart attached as Appendix A.
Recommendation:
It is recommended that this report be received for information purposes.
Background:
The Corporate Services Committee when considering the sale of five tenanted Spadina Project Properties at its meeting on
February 15, 1999 recommended to City Council that the purchase price of each of the five properties be reduced by four
(4) percent, being the equivalent of what would have been charged for the real estate commission fee and that with respect
to any properties to be purchased by those appearing on Schedule "A", embodied in Clause No. 4 of Report No. 9 of The
Corporate Services Committee, entitled "Surplus Property within the 'Spadina Corridor' and 'Scarborough
Transportation Corridor'", which was approved by City Council on July 8, 9 and 10, 1998, as amended, a similar criteria
of deducting the equivalent of a four (4) percent real estate commission also apply.
Comments:
Council has requested that an information report be submitted on the overall financial implications that the foregoing
Corporate Services Committee recommendation may have.
Staff do not support the four (4) percent commission reduction for the following reasons.
(1)City Council authorized the sale of the properties at market value and, by definition, the purchase price is market
value, not the purchase price less commission.
(2)The City shares the revenue from the sales with the Province and this sharing is based on appraised current market
value without a deduction for commission.
(3)Numerous sales to tenants have previously been approved and closed as set out on Appendix A with no deduction for
commission.
(4)The sales to the Schedule "A" tenants are already at the lower end of market value based on process of appraisals and
the fact the effective dates are early in 1997.
(5)This issue has been argued before the arbitrator and the arbitrator has consistently ruled that a reduction for
commission is not appropriate.
(6)The City is incurring a staff time cost which would otherwise be paid to a broker to handle the sale.
The overall potential financial implications of proceeding with this proposal are set out on attached Appendix A, which
addresses the two major disposal programmes for City-owned houses. The chart has been broken down into the Spadina
Project Properties and Scarborough Transportation Corridor properties and provides information on those tenanted
properties which have been approved by Council and sold, approved by Council but not closed, currently before Council,
and the balance of the tenanted properties.
The Corporate Services Committee recommendation deals only with the Spadina Project Schedule "A" Properties in which
the total exposure would be approximately $150,360.00 if it were also made applicable to the two sales previously
approved by Council. It could, however, be anticipated that the tenants in the balance of the houses will make the same
argument as those tenants in the Schedule "A" properties. It could also be anticipated that the argument will not only be
made by those tenants who have not yet acquired the properties but also those tenants who have agreed to acquire and
who have completed the transactions. As evidenced by the Chart, the additional potential exposure from the Spadina
Project Properties is approximately $556,600.00 and if a similar application was applied to the Scarborough
Transportation Corridor properties an additional amount of $196,280.00 is possible.
Conclusion:
For the reasons set out in this report and due to the potential financial exposure it is my conclusion that the 4 percent real
estate commission should not be deducted from the recommended sale price of the properties.
Contact Name:
Doug Stewart, 392-7202, Fax No. 392-1880, dstewart@toronto.ca.)
Chart
3
Sale of Surplus Spadina Project Property
at 139 Everden Road (Ward 28 - York-Eglinton)
(City Council on March 2, 3 and 4, 1999, amended this Clause by striking out the recommendations of the Corporate
Services Committee and inserting in lieu thereof the following:
"It is recommended that the report dated January 22, 1999, from the Commissioner of Corporate Services, be adopted.")
The Corporate Services Committee recommends:
(1)the adoption of the following report (January 22, 1999) from the Commissioner of Corporate Services, subject
to the purchase price of $175,000.00 being reduced by four (4) per cent, being the equivalent of what would have
been charged for the real estate commission fee; and
(2)that with respect to any properties to be purchased by those appearing on Schedule "A", embodied in Clause
No. 4 of Report No. 9 of The Corporate Services Committee, entitled "Surplus Property Within the 'Spadina
Corridor' and 'Scarborough Transportation Corridor', which was approved by City Council on July 8, 9 and 10,
1998, as amended, a similar criteria of deducting the equivalent of a 4 per cent real estate commission also apply:
Purpose:
To authorize the disposal of the property municipally known as 139 Everden Road.
Financial Implications:
Revenue of $175,000.00, less closing costs and the usual adjustments, subject to the revenue sharing agreement with the
Province pursuant to Clause No.1 of Report No. 25 of the former Metropolitan Corporate Administration Committee,
approved on December 4, 1996.
Recommendations:
It is recommended that:
(1)the Commissioner of Corporate Services be authorized to accept an offer in the amount of $175,000.00 as detailed
herein;
(2)Council, pursuant to Clause No. 14 of Report No. 27 of the former Metropolitan Management Committee adopted on
September 28, 1994, waive the minimum required deposit of 10 per cent of the purchase price;
(3)authority be granted to direct a portion of the sale proceeds on closing to fund the outstanding balance of Costing Unit
No. CP300J56155;
(4)the City Solicitor be authorized and directed to take the appropriate action, in conjunction with Province of Ontario
Officials and/or agents, to complete the transaction on behalf of the Corporation and he be further authorized to amend the
closing date to such earlier or later date as he considers reasonable; and
(5)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background:
The Province of Ontario is the owner of 139 Everden Road, subject to a ninety-nine year lease in favour of the City of
Toronto. By its adoption of Clause No. 1 of Report No. 3 of The Corporate Administration Committee on February 12 and
13, 1997, Metropolitan Council declared the property surplus pursuant to By-law No. 56-95 and authorized its disposal.
The procedures with respect to By-law No. 56-95 have been complied with, a utility canvass has been completed and no
easement requirement has been identified.
By its adoption of Clause No. 4 of Report No. 9 of The Corporate Services Committee on July 8, 9 and 10, 1998, Toronto
Council authorized that properties listed in Schedule "A", including the subject, be sold to sitting tenants at market value
determined as at the date of expression of their interest and further that such sale be subject to an option to repurchase at
that purchase price (unadjusted) for a period of two years. Accordingly, the tenant was provided with our February 26,
1997 appraisal estimating the fair market value of this property at $180,000.00 together with an agreement of purchase and
sale.
Comments:
The tenant, Judith Everson, rejected the City's appraised value, and requested the matter of market value be referred to
arbitration in conformance with Council's directive to have a third party arbitrator attempt to bring the parties together.
(Clause 4, Report 9, Corporate Services Committee adopted as amended by Council at the meeting held on July 8, 9, and
10, 1998). An arbitration hearing was held on December 11, 1998 at which time both parties presented oral and written
submissions in support of their respective estimates of market value. In a written decision, the arbitrator, Ms. Patricia Dunn
stated that $175,000.00 most accurately represents fair market value as at the valuation date.
Subsequent to the arbitrator's decision, Ms. Everson submitted the following offer:
Property Address:139 Everden Road.
Legal Description:Lot 26, Registered Plan 2339, City of Toronto (formerly City of York).
Lot Size:7.62 metres (25 feet) fronting onto Everden Road,
40.2 metres (132 feet) depth.
Location:East side of Everden Road, north of Gloucester Grove.
Improvements:Detached, brick bungalow.
Right-of-Way:Subject to a mutual right-of-way.
Occupancy Status:Tenanted.
Date Interest Expressed:February 26, 1997.
Amount of Offer:$175,000.00.
Deposit:$8,750.00 (certified cheque).
Purchaser:Judith Everson.
Closing Date:March 31, 1999.
Terms:Cash on closing, subject to the usual adjustments and registration of an option to purchase.
The third party arbitrator having received written and oral submissions relative to the value of the property has rendered a
written decision in which she expresses that $175,000.00 most accurately represents fair market value as at the valuation
date. It is therefore recommended that Ms. Everson's offer be accepted.
This is a proposed sale to an existing tenant and is based on market value as at February 26, 1997. Council directed that
comparable sales data be provided for property sales in the Spadina corridor. Appendix "A" identifies three comparable
sales located in the vicinity of the subject.
The revenue sharing agreement with the Province as regards the Spadina corridor properties (former Metropolitan
Corporate Administration Committee, Report 25, Clause No. 1, approved December 4, 1996) stipulates that the properties
are to be sold at current market value and the revenues are to be shared on that basis. An appraisal report with an effective
date of October 7, 1998 estimates the value of the property at $210,000.00 which is the basis upon which the revenues are
to be shared. The provincial share of the net proceeds from this sale will therefore be approximately $70,000.00, less
administrative costs and normal adjustments.
Conclusion:
The sale of this property at $175,000.00 is considered fair and reasonable, reflecting market value as at February 26, 1997
in accordance with Council directives.
Contact Name:
S. Badin, Valuator-Negotiator, Real Estate Services, (416) 392-8142, Fax No. (416) 392-4828 E-Mail Address:
sheryl_badin@metrodesk.metrotor.on.ca.
--------
Appendix "A"
139 Everden Road - Comparable Sales
The following three addresses represent recent comparable sales of properties that are similar to the residence which forms
the subject matter of this report. These three properties consist of brick bungalows located in the vicinity of the subject
property.
Approximate
AddressLot SizeSale PriceDate of Sale
112 Everden Road25 x 133$211,000.00August 18, 1997
218 Ava Road35 x 110$213,000.00July 7, 1997
479 Winnett Avenue25 x 133$193,000.00January 29, 1997
________
The Corporate Services Committee reports, for the information of Council, having also had before it the following
communications:
(i)(February 5, 1999) from Ms. Judy Everson, requesting that the sale of 26 Gloucester Grove be taken into account when
determining the disposition of 139 Everden Road; and
(ii)(January 25, 1999) from Ms. Judy Everson, respecting the Sale of Surplus Spadina Project properties and requesting
that some allowances be made to the asking price due to the long list of outstanding repairs for this property.
________
The following persons appeared before the Corporate Services Committee respecting the Sale of Surplus Spadina Project
Properties:
-Mr. Gilbert Zamonsky, and gave an overhead presentation in regard thereto;
-Ms. Judy Eversen;
-Ms. Eleanor Lavender, and submitted a brief in regard thereto;
-Ms. Maria Vertolli;
-Mr. Gabriel Heti, and submitted appraisal figures respecting 132 Everden Road; and
-Councillor Howard Moscoe - North York Spadina.
(A copy of the map attached to the aforementioned report was forwarded to all Members of Council with the February 15,
1999, agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)
(City Council on March 2, 3 and 4, 1999, had before it, during consideration of the foregoing Clause, the following report
(March 3, 1999) from the Commissioner of Corporate Services:
Purpose:
To report to City Council with information on the subject matter as requested.
Financial Implications:
As set out on the chart attached as Appendix A.
Recommendation:
It is recommended that this report be received for information purposes.
Background:
The Corporate Services Committee when considering the sale of five tenanted Spadina Project Properties at its meeting on
February 15, 1999 recommended to City Council that the purchase price of each of the five properties be reduced by four
(4) percent, being the equivalent of what would have been charged for the real estate commission fee and that with respect
to any properties to be purchased by those appearing on Schedule "A", embodied in Clause No. 4 of Report No. 9 of The
Corporate Services Committee, entitled "Surplus Property within the 'Spadina Corridor' and 'Scarborough
Transportation Corridor'", which was approved by City Council on July 8, 9 and 10, 1998, as amended, a similar criteria
of deducting the equivalent of a four (4) percent real estate commission also apply.
Comments:
Council has requested that an information report be submitted on the overall financial implications that the foregoing
Corporate Services Committee recommendation may have.
Staff do not support the four (4) percent commission reduction for the following reasons.
(1)City Council authorized the sale of the properties at market value and, by definition, the purchase price is market
value, not the purchase price less commission.
(2)The City shares the revenue from the sales with the Province and this sharing is based on appraised current market
value without a deduction for commission.
(3)Numerous sales to tenants have previously been approved and closed as set out on Appendix A with no deduction for
commission.
(4)The sales to the Schedule "A" tenants are already at the lower end of market value based on process of appraisals and
the fact the effective dates are early in 1997.
(5)This issue has been argued before the arbitrator and the arbitrator has consistently ruled that a reduction for
commission is not appropriate.
(6)The City is incurring a staff time cost which would otherwise be paid to a broker to handle the sale.
The overall potential financial implications of proceeding with this proposal are set out on attached Appendix A, which
addresses the two major disposal programmes for City-owned houses. The chart has been broken down into the Spadina
Project Properties and Scarborough Transportation Corridor properties and provides information on those tenanted
properties which have been approved by Council and sold, approved by Council but not closed, currently before Council,
and the balance of the tenanted properties.
The Corporate Services Committee recommendation deals only with the Spadina Project Schedule "A" Properties in which
the total exposure would be approximately $150,360.00 if it were also made applicable to the two sales previously
approved by Council. It could, however, be anticipated that the tenants in the balance of the houses will make the same
argument as those tenants in the Schedule "A" properties. It could also be anticipated that the argument will not only be
made by those tenants who have not yet acquired the properties but also those tenants who have agreed to acquire and
who have completed the transactions. As evidenced by the Chart, the additional potential exposure from the Spadina
Project Properties is approximately $556,600.00 and if a similar application was applied to the Scarborough
Transportation Corridor properties an additional amount of $196,280.00 is possible.
Conclusion:
For the reasons set out in this report and due to the potential financial exposure it is my conclusion that the 4 percent real
estate commission should not be deducted from the recommended sale price of the properties.
Contact Name:
Doug Stewart, 392-7202, Fax No. 392-1880, dstewart@toronto.ca.)
Chart
4
Sale of Surplus Spadina Project Property
at 149 Everden Road - (Ward 28 - York-Eglinton)
(City Council on March 2, 3 and 4, 1999, amended this Clause by striking out the recommendations of the Corporate
Services Committee and inserting in lieu thereof the following:
"It is recommended that the report dated January 22, 1999, from the Commissioner of Corporate Services, be adopted.")
The Corporate Services Committee recommends:
(1)the adoption of the following report (January 22, 1999) from the Commissioner of Corporate Services, subject
to Recommendation No. (2) embodied therein being amended to reduce the purchase price of $195,000.00 by four
(4) per cent, being the equivalent of what would have been charged for the real estate commission fee; and
(2)that with respect to any properties to be purchased by those appearing on Schedule "A", embodied in Clause
No. 4 of Report No. 9 of The Corporate Services Committee, entitled "Surplus Property Within the 'Spadina
Corridor' and 'Scarborough Transportation Corridor', which was approved by City Council on July 8, 9 and 10,
1998, as amended, a similar criteria of deducting the equivalent of a 4 per cent real estate commission also apply:
Purpose:
To report on an offer received for the sale of 149 Everden Road and to secure authority for a process for the disposal of 149
Everden Road.
Financial Implications:
Revenue in the minimum amount of $195,000.00, less closing costs and the usual adjustments, subject to the revenue
sharing agreement with the Province pursuant to Clause No. 1 of Report No. 25 of the former Metropolitan Corporate
Administration Committee, approved on December 4, 1996, will be realized from the sale of this property if the
recommendations in this report are approved.
Recommendations:
It is recommended that:
(1)the offer to purchase the property at 149 Everden Road in the amount of $180,187.50 made by Mr. Zamonsky not be
accepted;
(2)the Commissioner of Corporate Services on the City's behalf, be authorized to sign back and submit a counter-offer to
Mr. Zamonsky with a purchase price of $195,000.00, which counter-offer shall be irrevocable by the City until March 12,
1999, but otherwise on the same terms and conditions as the offer made by Mr. Zamonsky including the 2 year option in
favour of the City;
(3)if Mr. Zamonsky accepts the City's counter-offer, then it is further recommended that:
(a)the requirement embodied in Clause No. 14 of Report No. 27 of the former Metropolitan Management Committee
adopted on September 28, 1994 regarding the minimum required deposit of 10 per cent of the purchase price be waived;
(b)authority be granted to direct a portion of the sale proceeds on closing to fund the outstanding balance of Costing Unit
No. CP300J56163; and
(c)the City Solicitor be authorized and directed to take the appropriate action, in conjunction with Province of Ontario
Officials and/or agents, to complete the transaction and he be further authorized to amend the closing date to such earlier or
later date as he considers reasonable;
(4)in the event Mr. Zamonsky does not accept the City's counter-offer the property be listed for sale through the T.R.E.B.
Multiple Listing Service subject to the existing tenancy; and
(5)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background:
The Province of Ontario is the owner of 149 Everden Road, subject to a ninety-nine year lease in favour of the City of
Toronto. By its adoption of Clause No. 1 of Report No. 3 of The Corporate Administration Committee on February 12 and
13, 1997, Metropolitan Council declared the property surplus pursuant to By-law No. 56-95 and authorized its disposal.
The procedures with respect to By-law No. 56-95 have been complied with, a utility canvass has been completed and no
easement requirement has been identified.
By its adoption of Clause No. 4 of Report No. 9 of The Corporate Services Committee on July 8, 9, and 10, 1998, Toronto
Council authorized that properties listed in Schedule "A", including the subject, be sold to sitting tenants at market value
determined as at the date of expression of their interest and further that such sale be subject to an option to repurchase at
that purchase price (unadjusted) for a period of two years. Accordingly, the tenant was provided with our March 6, 1997
appraisal estimating the fair market value of this property at $195,000.00 together with an agreement of purchase and sale.
Comments:
The tenant, Mr. Gilbert Zamonsky, rejected the City's appraised value, and requested the matter of market value be referred
to arbitration in conformance with Council's directive to have a third party arbitrator attempt to bring the parties together.
(Clause No. 4 of Report No. 9 of The Corporate Services Committee adopted as amended by Council at the meeting held
on July 8, 9 and 10, 1998). An arbitration hearing was held on November 24, 1998 at which time both parties presented
oral and written submissions in support of their respective estimates of market value. In a written decision, the arbitrator,
Ms. Patricia Dunn stated that the City's market value estimate at $195,000.00 represented fair market value as at March 6,
1997.
Subsequent to the Arbitrator's decision, Mr. Zamonsky submitted an offer to purchase, in the amount of $180,187.50. This
offer does not conform with the Council directive of July 29, 30 and 31, 1998 to offer the property to the tenants at fair
market value as at the date they originally expressed interest in purchasing, in this instance March 6, 1997.
A summary of the property and the terms and conditions in Mr. Zamonsky's offer to purchase are as follows:
Property Address:149 Everden Road.
Legal Description:Part of Lot 68, Registered Plan 1103, City of Toronto (formerly City of York).
Lot Size:7.62 metres (25 feet) fronting onto Everden Road,
40.2 metres (132 feet) depth.
Location:East side of Everden Road, south of Eglinton Avenue.
Improvements:Detached, brick bungalow.
Right-of-Way:Subject to a mutual right-of-way.
Occupancy Status:Tenanted.
Date Interest Expressed:March 6, 1997.
Amount of Offer:$180,187.50.
Deposit:$9,750.00.
Purchaser:Gilbert Zamonsky.
Closing Date:April 15, 1999.
Terms:Cash on closing, subject to the usual adjustments and registration of an option to purchase.
The third party arbitrator having received written and oral submissions relative to the value of the property has rendered a
written decision in which she expresses that fair market value is $195,000.00. It is therefore recommended that Mr.
Zamonsky's offer not be accepted and that the City submit a signed back counter-offer increasing the purchase price to
$195,000.00, which counter-offer shall be irrevocable until March 12, 1999. In the event that Mr. Zamonsky does not
accept this counter-offer within the time frame specified, it is recommended that the property be listed for sale subject to
the existing tenancy.
This is a proposed sale to an existing tenant and is based on market value as at March 6, 1997. Council directed that
comparable sales data be provided for property sales in the Spadina corridor. Appendix "A" identifies three comparable
sales located in the vicinity of the subject.
The revenue sharing agreement with the Province as regards the Spadina corridor properties (former Metropolitan
Corporate Administration Committee, Report 25, Clause No. 1, approved December 4, 1996) stipulates that the properties
are to be sold at current market value and the revenues are to be shared on that basis. An appraisal report with an effective
date of September 15, 1998 estimates the value of the property at $220,000.00 which is the basis upon which the revenues
would be shared with the Province. The provincial share of the net proceeds would be approximately $73,333.33, less
administrative costs and normal adjustments.
Conclusion :
The sale of this property at $195,000.00 is considered fair and reasonable, reflecting market value as at March 7, 1997 in
accordance with Council directives and, accordingly, Mr. Zamonsky's offer of $180,187.50 should not be accepted and he
should be provided with a counter-offer of $195,000.00 irrevocable to March 12, 1999. Should Mr. Zamonsky choose not
to accept the City's counter-offer, the property should be listed on the open market subject to the existing tenancy.
Contact Name:
S. Badin, Valuator-Negotiator, Real Estate Services, (416) 392-8142, Fax No. (416) 392-4828 E-Mail Address:
sheryl_badin@metrodesk.metrotor.on.ca.
--------
Appendix "A"
149 Everden Road - Comparable Sales
The following three addresses represent recent comparable sales of properties that are similar to the residence which forms
the subject matter of this report. These three properties consist of brick bungalows located in the vicinity of the subject
property.
Approximate
AddressLot SizeSale PriceDate of Sale
64 Gloucester Grove25 x 132$200,000.00December 9, 1996
479 Winnett Avenue25 x 133$193,000.00January 29, 1997
489 Winnett Avenue25 x 133$186,500.00November 4, 1996
________
The Corporate Services Committee reports, for the information of Council, having also had before it a communication
(January 20, 1999) from Mr. Gilbert Zamonsky, forwarding information respecting his offer to purchase the property
located at 149 Everden Road, Toronto; and outlining calculations made by him in determining the amount offered by him
to purchase the aforementioned property.
________
The following persons appeared before the Corporate Services Committee respecting the Sale of Surplus Spadina Project
Properties:
-Mr. Gilbert Zamonsky, and gave an overhead presentation in regard thereto;
-Ms. Judy Eversen;
-Ms. Eleanor Lavender, and submitted a brief in regard thereto;
-Ms. Maria Vertolli;
-Mr. Gabriel Heti, and submitted appraisal figures respecting 132 Everden Road; and
-Councillor Howard Moscoe - North York Spadina.
(A copy of the map attached to the aforementioned report was forwarded to all Members of Council with the February 15,
1999, agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)
(City Council on March 2, 3 and 4, 1999, had before it, during consideration of the foregoing Clause, the following report
(March 3, 1999) from the Commissioner of Corporate Services:
Purpose:
To report to City Council with information on the subject matter as requested.
Financial Implications:
As set out on the chart attached as Appendix A.
Recommendation:
It is recommended that this report be received for information purposes.
Background:
The Corporate Services Committee when considering the sale of five tenanted Spadina Project Properties at its meeting on
February 15, 1999 recommended to City Council that the purchase price of each of the five properties be reduced by four
(4) percent, being the equivalent of what would have been charged for the real estate commission fee and that with respect
to any properties to be purchased by those appearing on Schedule "A", embodied in Clause No. 4 of Report No. 9 of The
Corporate Services Committee, entitled "Surplus Property within the 'Spadina Corridor' and 'Scarborough
Transportation Corridor'", which was approved by City Council on July 8, 9 and 10, 1998, as amended, a similar criteria
of deducting the equivalent of a four (4) percent real estate commission also apply.
Comments:
Council has requested that an information report be submitted on the overall financial implications that the foregoing
Corporate Services Committee recommendation may have.
Staff do not support the four (4) percent commission reduction for the following reasons.
(1)City Council authorized the sale of the properties at market value and, by definition, the purchase price is market
value, not the purchase price less commission.
(2)The City shares the revenue from the sales with the Province and this sharing is based on appraised current market
value without a deduction for commission.
(3)Numerous sales to tenants have previously been approved and closed as set out on Appendix A with no deduction for
commission.
(4)The sales to the Schedule "A" tenants are already at the lower end of market value based on process of appraisals and
the fact the effective dates are early in 1997.
(5)This issue has been argued before the arbitrator and the arbitrator has consistently ruled that a reduction for
commission is not appropriate.
(6)The City is incurring a staff time cost which would otherwise be paid to a broker to handle the sale.
The overall potential financial implications of proceeding with this proposal are set out on attached Appendix A, which
addresses the two major disposal programmes for City-owned houses. The chart has been broken down into the Spadina
Project Properties and Scarborough Transportation Corridor properties and provides information on those tenanted
properties which have been approved by Council and sold, approved by Council but not closed, currently before Council,
and the balance of the tenanted properties.
The Corporate Services Committee recommendation deals only with the Spadina Project Schedule "A" Properties in which
the total exposure would be approximately $150,360.00 if it were also made applicable to the two sales previously
approved by Council. It could, however, be anticipated that the tenants in the balance of the houses will make the same
argument as those tenants in the Schedule "A" properties. It could also be anticipated that the argument will not only be
made by those tenants who have not yet acquired the properties but also those tenants who have agreed to acquire and
who have completed the transactions. As evidenced by the Chart, the additional potential exposure from the Spadina
Project Properties is approximately $556,600.00 and if a similar application was applied to the Scarborough
Transportation Corridor properties an additional amount of $196,280.00 is possible.
Conclusion:
For the reasons set out in this report and due to the potential financial exposure it is my conclusion that the 4 percent real
estate commission should not be deducted from the recommended sale price of the properties.
Contact Name:
Doug Stewart, 392-7202, Fax No. 392-1880, dstewart@toronto.ca.)
Chart
5
Sale of Surplus Spadina Project Property
27 Gloucester Grove - (Ward 28 - York-Eglinton)
(City Council on March 2, 3 and 4, 1999, amended this Clause, by striking out the recommendations of the Corporate
Services Committee and inserting in lieu thereof the following:
"It is recommended that the report dated February 1, 1999, from the Commissioner of Corporate Services, be adopted.")
The Corporate Services Committee recommends:
(1)the adoption of the following report (February 1, 1999) from the Commissioner of Corporate Services, subject
to the purchase price of $233,000.00 being reduced by four (4) per cent, being the equivalent of what would have
been charged for the real estate commission fee; and
(2)that with respect to any properties to be purchased by those appearing on Schedule "A", embodied in Clause
No. 4 of Report No. 9 of The Corporate Services Committee, entitled "Surplus Property Within the 'Spadina
Corridor' and 'Scarborough Transportation Corridor', which was approved by City Council on July 8, 9 and 10,
1998, as amended, a similar criteria of deducting the equivalent of a 4 per cent real estate commission also apply:
Purpose:
To authorize the disposal of the property municipally known as 27 Gloucester Grove.
Funding Sources, Financial Implications and Impact Statement:
Revenue of $233,000.00, less closing costs and the usual adjustments, subject to the revenue sharing agreement with the
Province pursuant to Clause No. 1 of Report No. 25 of the former Metropolitan Corporate Administration Committee,
approved on December 4, 1996.
Recommendations:
It is recommended, subject to Provincial concurrence, that:
(1)the Commissioner of Corporate Services be authorized to accept this offer in the amount of $233,000.00 as detailed
herein;
(2)Council, pursuant to Clause No. 14 of Report No. 27 of the former Metropolitan Management Committee adopted on
September 28, 1994, waive the minimum required deposit of 10 per cent. of the purchase price;
(3)authority be granted to direct a portion of the sale proceeds on closing to fund the outstanding balance of Costing Unit
No. CP300J56174;
(4)the City Solicitor be authorized and directed to take the appropriate action, in conjunction with Province of Ontario
Officials and/or agents, to complete the transaction on behalf of the City and he be further authorized to amend the closing
date to such earlier or later date as he considers reasonable; and
(5)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background/History:
The Province of Ontario is the owner of 27 Gloucester Grove, subject to a ninety-nine year lease in favour of the City of
Toronto. By its adoption of Clause No. 1 of Report No. 3 of The Corporate Administration Committee on February 12 and
13, 1997, Metropolitan Council declared the property surplus pursuant to By-law No. 56-95 and authorized its disposal.
The procedures with respect to By-law No. 56-95 have been complied with, a utility canvass has been completed and the
only requirement is set out below.
By its adoption of Clause No. 4 of Report No. 9 of The Corporate Services Committee on July 8, 9 and 10, 1998, Toronto
Council authorized that properties listed in Schedule "A", including the subject, be sold to sitting tenants at market value
determined as at the date of expression of their interest and further that such sale be subject to an option to repurchase at
that purchase price (unadjusted) for a period of two years. Accordingly, the tenant was provided with our February 27,
1997 appraisal estimating the fair market value of this property at $233,000.00 together with an agreement of purchase and
sale.
Comments and/or Discussion and/or Justification:
The tenant, Maria Vertolli, rejected the City's appraised value, and requested the matter of market value be referred to
arbitration in conformance with Council's directive to have a third party arbitrator attempt to bring the parties together.
(Clause 4, Report 9, Corporate Services Committee adopted as amended by Council at the meeting held on July 8, 9, and
10, 1998). An arbitration hearing was held on November 24, 1998 at which time both parties presented oral and written
submissions in support of their respective estimates of market value. In a written decision, the arbitrator, Ms. Patricia Dunn
stated that $233,000.00 most accurately represents fair market value as at the valuation date.
Property Address:27 Gloucester Grove.
Legal Description:Part of Lots 106, 107, 108 and 109, Plan 2339, City of Toronto.
Approximate Lot Size:7.92 metres (26 feet) fronting onto Gloucester Grove.
30.48 metres (100 feet) depth.
Easement:Subject to an easement in favour of the City of Toronto for subway purposes registered on Part 12
Reference Plan 64R-7314.
Location:South side of Gloucester Grove, south of Eglinton Avenue West, west of Strathearn Road.
Improvements:Detached, 3 bedroom, 2 storey dwelling.
Occupancy Status:Tenanted.
Date Interest Expressed:February 27, 1997.
Recommended Sale Price:$233,000.00.
Deposit:$11,650.00.
Purchaser:Maria Vertolli.
Closing Date:March 31, 1999.
Terms:Cash on closing, subject to the usual adjustments.
It is noted this is a sale to the existing tenant and is based on a market value appraisal as of the date the tenant expressed
written interest. By the adoption of Clause No. 5 of Report No. 9 of The Corporate Services Committee, Council at the
meeting held on July 29, 30 and 31, 1998 directed that comparable sales data be provided in future reports of property
sales. Appendix "A" identifies three comparable properties located in the vicinity that sold at the time of the effective date
of the appraisal.
Conclusion:
Completion of this transaction detailed above is considered fair and reasonable and reflective of market value as of
February 27, 1997.
Contact Name:
MichelleDeVey, Valuator-Negotiator, Real Estate Services, (416)392-8160,
Fax No.: (416)392-4828, E-Mail Address: michelle_devey@metrodesk.metrotor.on.ca.
--------
Appendix "A"
27 Gloucester Grove - Comparable Sales
The following three addresses represent comparable sales of properties that are quite similar to the residence which forms
the subject matter of this report. These three properties consist of detached, three bedroom, two storey dwellings.
Approximate
AddressLot SizeSale PriceDate of Sale
38 Gloucester Grove 27.5' x 100'$255,000.00August 5, 1997
117 Everden Road25' x 132'$268,000.00October 9, 1997
612 Rushton Road 32' x 128'$239,000.00January 10, 1997
________
The Corporate Services Committee reports, for the information of Council, having also had before it the following
communications:
(i)(January 20, 1999) from Ms. Maria Vertolli, respecting the property located at 27 Gloucester Grove; and outlining
reasons why the price of the property should be lower than that recommended; and
(ii)(January 21, 1999) from Ms. Maria Vertolli, explaining the conflict that she has been having with the Real Estate
Division respecting her attempt to purchase the property located at 27 Gloucester Grove.
________
The following persons appeared before the Corporate Services Committee respecting the Sale of Surplus Spadina Project
Properties:
-Mr. Gilbert Zamonsky, and gave an overhead presentation in regard thereto;
-Ms. Judy Eversen;
-Ms. Eleanor Lavender, and submitted a brief in regard thereto;
-Ms. Maria Vertolli;
-Mr. Gabriel Heti, and submitted appraisal figures respecting 132 Everden Road; and
-Councillor Howard Moscoe - North York Spadina.
(A copy of the map attached to the foregoing report was forwarded to all Members of Council with the February 15, 1999,
agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)
(City Council on March 2, 3 and 4, 1999, had before it, during consideration of the foregoing Clause, the following report
(March 3, 1999) from the Commissioner of Corporate Services:
Purpose:
To report to City Council with information on the subject matter as requested.
Financial Implications:
As set out on the chart attached as Appendix A.
Recommendation:
It is recommended that this report be received for information purposes.
Background:
The Corporate Services Committee when considering the sale of five tenanted Spadina Project Properties at its meeting on
February 15, 1999 recommended to City Council that the purchase price of each of the five properties be reduced by four
(4) percent, being the equivalent of what would have been charged for the real estate commission fee and that with respect
to any properties to be purchased by those appearing on Schedule "A", embodied in Clause No. 4 of Report No. 9 of The
Corporate Services Committee, entitled "Surplus Property within the 'Spadina Corridor' and 'Scarborough
Transportation Corridor'", which was approved by City Council on July 8, 9 and 10, 1998, as amended, a similar criteria
of deducting the equivalent of a four (4) percent real estate commission also apply.
Comments:
Council has requested that an information report be submitted on the overall financial implications that the foregoing
Corporate Services Committee recommendation may have.
Staff do not support the four (4) percent commission reduction for the following reasons.
(1)City Council authorized the sale of the properties at market value and, by definition, the purchase price is market
value, not the purchase price less commission.
(2)The City shares the revenue from the sales with the Province and this sharing is based on appraised current market
value without a deduction for commission.
(3)Numerous sales to tenants have previously been approved and closed as set out on Appendix A with no deduction for
commission.
(4)The sales to the Schedule "A" tenants are already at the lower end of market value based on process of appraisals and
the fact the effective dates are early in 1997.
(5)This issue has been argued before the arbitrator and the arbitrator has consistently ruled that a reduction for
commission is not appropriate.
(6)The City is incurring a staff time cost which would otherwise be paid to a broker to handle the sale.
The overall potential financial implications of proceeding with this proposal are set out on attached Appendix A, which
addresses the two major disposal programmes for City-owned houses. The chart has been broken down into the Spadina
Project Properties and Scarborough Transportation Corridor properties and provides information on those tenanted
properties which have been approved by Council and sold, approved by Council but not closed, currently before Council,
and the balance of the tenanted properties.
The Corporate Services Committee recommendation deals only with the Spadina Project Schedule "A" Properties in which
the total exposure would be approximately $150,360.00 if it were also made applicable to the two sales previously
approved by Council. It could, however, be anticipated that the tenants in the balance of the houses will make the same
argument as those tenants in the Schedule "A" properties. It could also be anticipated that the argument will not only be
made by those tenants who have not yet acquired the properties but also those tenants who have agreed to acquire and
who have completed the transactions. As evidenced by the Chart, the additional potential exposure from the Spadina
Project Properties is approximately $556,600.00 and if a similar application was applied to the Scarborough
Transportation Corridor properties an additional amount of $196,280.00 is possible.
Conclusion:
For the reasons set out in this report and due to the potential financial exposure it is my conclusion that the 4 percent real
estate commission should not be deducted from the recommended sale price of the properties.
Contact Name:
Doug Stewart, 392-7202, Fax No. 392-1880, dstewart@toronto.ca.)
Chart
6
Sale of Surplus Spadina Project Property
28 Gloucester Grove - (Ward 28 - York-Eglinton)
(City Council on March 2, 3 and 4, 1999, amended this Clause by striking out the recommendations of the Corporate
Services Committee and inserting in lieu thereof the following:
"It is recommended that the report dated February 1, 1999, from the Commissioner of Corporate Services, be adopted.")
The Corporate Services Committee recommends:
(1)the adoption of the following report (February 1, 1999) from the Commissioner of Corporate Services, subject
to the purchase price of $193,000.00 being reduced by four (4) per cent, being the equivalent of what would have
been charged for the real estate commission fee; and
(2)that with respect to any properties to be purchased by those appearing on Schedule "A", embodied in Clause
No. 4 of Report No. 9 of The Corporate Services Committee, entitled "Surplus Property Within the 'Spadina
Corridor' and 'Scarborough Transportation Corridor', which was approved by City Council on July 8, 9 and 10,
1998, as amended, a similar criteria of deducting the equivalent of a 4 per cent real estate commission also apply:
Purpose:
To authorize the disposal of the property municipally known as 28 Gloucester Grove.
Funding Sources, Financial Implications and Impact Statement:
Revenue of $193,000.00, less closing costs and the usual adjustments, subject to the revenue sharing agreement with the
Province pursuant to Clause No. 1 of Report No. 25 of the former Metropolitan Corporate Administration Committee,
approved on December 4, 1996.
Recommendations:
It is recommended, subject to Provincial concurrence, that:
(1)the Commissioner of Corporate Services be authorized to accept this offer in the amount of $193,000.00 as detailed
herein;
(2)Council, pursuant to Clause No. 14 of Report No. 27 of the former Metropolitan Management Committee adopted on
September 28, 1994, waive the minimum required deposit of 10 per cent. of the purchase price;
(3)authority be granted to direct a portion of the sale proceeds on closing to fund the outstanding balance of Costing Unit
No. CP300J56175;
(4)the City Solicitor be authorized and directed to take the appropriate action, in conjunction with Province of Ontario
Officials and/or agents, to complete the transaction on behalf of the City and he be further authorized to amend the closing
date to such earlier or later date as he considers reasonable; and
(5)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background/History:
The Province of Ontario is the owner of 28 Gloucester Grove, subject to a ninety-nine year lease in favour of the City of
Toronto. By its adoption of Clause No. 1 of Report No. 3 of The Corporate Administration Committee on February 12 and
13, 1997, Metropolitan Council declared the property surplus pursuant to By-law No. 56-95 and authorized its disposal.
The procedures with respect to By-law No. 56-95 have been complied with, a utility canvass has been completed and no
requirements have been identified.
By adoption of Clause No. 4 of Report No. 9 of The Corporate Services Committee on July 8, 9 and 10, 1998, Toronto
Council authorized that properties listed in Schedule "A" including the subject property, be sold to Schedule "A"
purchasers at market value determined as of the date of expression of their interest and should be further subject to any
option to purchase at that purchase price (unadjusted).
Comments and/or Discussion and/or Justification:
Pursuant to the July 8, 9 and 10, 1998 authority, negotiations were conducted with the tenants, Jack Kirchhoff and Sherry
Firing, and the following offer was received:
Property Address:28 Gloucester Grove.
Legal Description:Part of Lots 27, 28, 29 and 30, Plan 2339, City of Toronto, together with and subject to rights of
way.
Approximate Lot Size:8.84 metres (29.0 feet) fronting onto Gloucester Grove,
30.48 metres (100 feet) depth.
Easement:None.
Location:North side of Gloucester Grove, south of Eglinton Avenue West, west of Strathearn Road.
Improvements:Detached, 2 bedroom stucco and stone bungalow.
Occupancy Status:Tenanted.
Date Interest Expressed:May 12, 1997.
Recommended Sale Price:$193,000.00.
Deposit:$9,650.00.
Purchaser:Jack Kirchhoff and Sherry Firing.
Closing Date:March 31, 1999.
Terms:Cash on closing, subject to the usual adjustments.
It is noted this is a sale to the existing tenant and is based on a market value appraisal as of the date the tenant expressed
written interest. By the adoption of Clause No. 5 of Report No. 9 of The Corporate Services Committee, Council at the
meeting held on July 29, 30 and 31, 1998 directed that comparable sales data be provided in future reports of property
sales. Appendix "A" identifies three comparable properties located in the vicinity that sold at the time of the effective date
of appraisal.
Conclusion:
Completion of this transaction detailed above is considered fair and reasonable and reflective of market value as of May
12, 1997.
Contact Name:
Michelle DeVey, Valuator-Negotiator, Real Estate Services, (416)392-8160,
Fax No.: (416)392-4828, E-Mail Address: michelle_devey@metrodesk.metrotor.on.ca.
--------
Appendix "A"
28 Gloucester Grove - Comparable Sales
The following three addresses represent recent comparable sales of properties that are quite similar to the residence which
forms the subject matter of this report. These three properties consist of detached, two bedroom bungalows.
Approximate
AddressLot SizeSale PriceDate of Sale
491 Winnett Avenue25' x 132.98'$197,000.00April 21, 1997
53 Westover Hill Road30.15'x100'$228,000.00April 8, 1997
39 Gloucester Grove26.35' x 100'$217,500.00October 17, 1997
________
The following persons appeared before the Corporate Services Committee respecting the Sale of Surplus Spadina Project
Properties:
-Mr. Gilbert Zamonsky, and gave an overhead presentation in regard thereto;
-Ms. Judy Eversen;
-Ms. Eleanor Lavender, and submitted a brief in regard thereto;
-Ms. Maria Vertolli;
-Mr. Gabriel Heti, and submitted appraisal figures respecting 132 Everden Road; and
-Councillor Howard Moscoe - North York Spadina.
(A copy of the map attached to the foregoing report was forwarded to all Members of Council with the February 15, 1999,
agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)
(City Council on March 2, 3 and 4, 1999, had before it, during consideration of the foregoing Clause, the following report
(March 3, 1999) from the Commissioner of Corporate Services:
Purpose:
To report to City Council with information on the subject matter as requested.
Financial Implications:
As set out on the chart attached as Appendix A.
Recommendation:
It is recommended that this report be received for information purposes.
Background:
The Corporate Services Committee when considering the sale of five tenanted Spadina Project Properties at its meeting on
February 15, 1999 recommended to City Council that the purchase price of each of the five properties be reduced by four
(4) percent, being the equivalent of what would have been charged for the real estate commission fee and that with respect
to any properties to be purchased by those appearing on Schedule "A", embodied in Clause No. 4 of Report No. 9 of The
Corporate Services Committee, entitled "Surplus Property within the 'Spadina Corridor' and 'Scarborough
Transportation Corridor'", which was approved by City Council on July 8, 9 and 10, 1998, as amended, a similar criteria
of deducting the equivalent of a four (4) percent real estate commission also apply.
Comments:
Council has requested that an information report be submitted on the overall financial implications that the foregoing
Corporate Services Committee recommendation may have.
Staff do not support the four (4) percent commission reduction for the following reasons.
(1)City Council authorized the sale of the properties at market value and, by definition, the purchase price is market
value, not the purchase price less commission.
(2)The City shares the revenue from the sales with the Province and this sharing is based on appraised current market
value without a deduction for commission.
(3)Numerous sales to tenants have previously been approved and closed as set out on Appendix A with no deduction for
commission.
(4)The sales to the Schedule "A" tenants are already at the lower end of market value based on process of appraisals and
the fact the effective dates are early in 1997.
(5)This issue has been argued before the arbitrator and the arbitrator has consistently ruled that a reduction for
commission is not appropriate.
(6)The City is incurring a staff time cost which would otherwise be paid to a broker to handle the sale.
The overall potential financial implications of proceeding with this proposal are set out on attached Appendix A, which
addresses the two major disposal programmes for City-owned houses. The chart has been broken down into the Spadina
Project Properties and Scarborough Transportation Corridor properties and provides information on those tenanted
properties which have been approved by Council and sold, approved by Council but not closed, currently before Council,
and the balance of the tenanted properties.
The Corporate Services Committee recommendation deals only with the Spadina Project Schedule "A" Properties in which
the total exposure would be approximately $150,360.00 if it were also made applicable to the two sales previously
approved by Council. It could, however, be anticipated that the tenants in the balance of the houses will make the same
argument as those tenants in the Schedule "A" properties. It could also be anticipated that the argument will not only be
made by those tenants who have not yet acquired the properties but also those tenants who have agreed to acquire and
who have completed the transactions. As evidenced by the Chart, the additional potential exposure from the Spadina
Project Properties is approximately $556,600.00 and if a similar application was applied to the Scarborough
Transportation Corridor properties an additional amount of $196,280.00 is possible.
Conclusion:
For the reasons set out in this report and due to the potential financial exposure it is my conclusion that the 4 percent real
estate commission should not be deducted from the recommended sale price of the properties.
Contact Name:
Doug Stewart, 392-7202, Fax No. 392-1880, dstewart@toronto.ca.)
Chart
7
Sale of Surplus Spadina Project Property at
50 Heathdale Road - (Ward 28 - York-Eglinton)
(City Council on March 2, 3 and 4, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (January 29, 1999) from the
Commissioner of Corporate Services:
Purpose:
To authorize the disposal of the property municipally known as 50 Heathdale Road.
Funding Sources, Financial Implications and Impact Statement:
Revenue of $600,000.00, less closing costs and the usual adjustments, subject to the revenue sharing agreement with the
Province pursuant to Clause No. 1 of Report No. 25 of the former Metropolitan Corporate Administration Committee,
approved on December 4, 1996.
Recommendations:
It is recommended, subject to Provincial concurrence, that:
(1)the Commissioner of Corporate Services be authorized to accept the highest offer in the amount of $600,000.00 as
detailed herein;
(2)Council, pursuant to Clause No. 14 of Report No. 27 of the former Metropolitan Management Committee adopted on
September 28, 1994, waive the minimum required deposit of 10 per cent. of the purchase price;
(3)authority be granted to direct a portion of the sale proceeds on closing to fund the outstanding balance of Costing Unit
No. CP300J56193;
(4)the City Solicitor be authorized and directed to take the appropriate action, in conjunction with Province of Ontario
Officials and/or agents, to complete the transaction on behalf of the Corporation and he be further authorized to amend the
closing date to such earlier or later date as he considers reasonable; and
(5)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background/History:
The Province of Ontario is the owner of 50 Heathdale Road, subject to a ninety-nine year lease in favour of the City of
Toronto. By its adoption of Clause No. 1 of Report No. 3 of The Corporate Administration Committee on February 12 and
13, 1997, Metropolitan Council declared the property surplus pursuant to By-law No. 56-95 and authorized its disposal.
The procedures with respect to By-law No. 56-95 have been complied with, a utility canvass has been completed and no
easement requirement has been identified.
By its adoption of Clause No. 4 of Report No. 9 of The Corporate Services Committee on July 8, 9, and 10, 1998, Toronto
Council authorized that properties listed in Schedule "A", including the subject property, be sold to former owners at
market value determined as of the date of expression of their interest and that such sale be subject to an option to
repurchase at that purchase price (unadjusted) for a period of two years. Accordingly, the former owner was provided with
our February 12, 1997 appraisal estimating the fair market value of this property at $440,000.00 together with an
agreement of purchase and sale. The former owner, Jerome Cooper, subsequently advised that he was not prepared to
proceed with the purchase of this property.
Comments and/or Discussion and/or Justification:
Pursuant to the February 12 and 13, 1997 and July 8, 9 and 10, 1998 authorities, the property was listed with HomeLife
City Hill Realty on December 9, 1998 at an asking price of $495,000.00. As a result, the following offers were received:
PurchaserDepositPurchase Price/Terms
Dean McDermott and$40,000.00$600,000.00 (no conditions)
Mary Joe Eustace(certified cheque)
Bruce Harbinson and$50,000.00$593,777.00 (no conditions)
Gill Cameron(certified cheque)
Connie McCandless$28,631.35$572,627.02 (no conditions)
and Kevin Quinn(bank draft)
Allan I. Consky$28,000.00$556,875.00 (no conditions)
(bank draft)
Howard Eric Esakov$27,750.00$555,000.00 (no conditions)
(certified cheque)
Jason Alan Lester and$27,750.00$552,000,00 (no conditions)
Bonnie Ellen Lester(bank draft)
PurchaserDepositPurchase Price/Terms
Gayla Glow$25,925.00$518,500.00 (no conditions)
(bank draft)
Paul Cohen & Shelley Adler$26,000.00$515,001.00 (no conditions)
(bank draft)
Gary Bomza$25,600.00$512,000.00 (no conditions)
(bank draft)
Gordon D. Wiseman,$25,000.00$495,100.00 (no conditions)
Dr. Saul M. Wiseman and($12,500.00 (bank draft)
Elaine Wisemanand $12,500.00 (certified cheque)
Harvey Minuk$20,000.00$405,000.00 (no conditions)
(certified cheque)
The highest offer is recommended for acceptance:
Property Address:50 Heathdale Road.
Legal Description:Part of Parcel 1-2, Section MX-6, being Lot 168, Plan M-367, designated as Lot 2, on Plan MX-75,
City of Toronto (formerly City of York).
Lot Size:15.24 metres (50 feet) fronting onto Heathdale Road,
41.1 metres (135 feet) depth.
Location:North side of Heathdale Road at Glencedar Drive.
Improvements:Detached, two-storey, stucco dwelling.
Occupancy Status:Vacant.
Recommended Sale Price:$600,000.00 (no conditions).
Deposit:$40,000.00 (certified cheque).
Purchaser:Dean McDermott and Mary Joe Eustace.
Closing Date:April 15, 1999.
Terms:Cash on closing, subject to the usual adjustments.
Listing Broker:HomeLife/City Hill Realty Inc.
Selling Broker:Forest Hill Real Estate Inc.
Commission:Four (4) per cent. plus G.S.T., payable on closing of the transaction.
By the adoption of Clause No. 5 of Report No. 9 of The Corporate Services Committee, Council at the meeting held on
July 8, 9, and 10, 1998 directed that comparable sales data be provided in future reports of property sales. Appendix "A"
identifies three comparable properties located in the vicinity that have recently sold. While comparable sales information
can be included as part of the staff report, this property was listed for sale on the TREB multiple listing service and the
forces of the market place have determined the true market value.
Conclusion:
Completion of this transaction detailed above is considered fair and reasonable and reflective of market value.
Contact Name:
S. Badin, Valuator-Negotiator, Real Estate Services, (416) 392-8142, Fax No. (416) 392-4828 E-Mail Address:
sheryl_badin@metrodesk.metrotor.on.ca.
--------
Appendix "A"
50 Heathdale Road - Comparable Sales
The following three addresses represent recent comparable sales of properties that are similar to the residence which forms
the subject matter of this report.
Approximate
AddressLot SizeSale PriceDate of Sale
12 Heathdale Road50 x 135$631,500.00December 16, 1998
36 Heathdale Road50 x 130$708,000.00August 18, 1998
6 Glen Cedar Road60 x 108$560,000.00October 7, 1998
________
The following persons appeared before the Corporate Services Committee respecting the Sale of Surplus Spadina Project
Properties:
-Mr. Gilbert Zamonsky, and gave an overhead presentation in regard thereto;
-Ms. Judy Eversen;
-Ms. Eleanor Lavender, and submitted a brief in regard thereto;
-Ms. Maria Vertolli;
-Mr. Gabriel Heti, and submitted appraisal figures respecting 132 Everden Road; and
-Councillor Howard Moscoe - North York Spadina.
(A copy of the map attached to the foregoing report was forwarded to all Members of Council with the February 15, 1999,
agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)
8
Sale of Surplus City-Owned Property,
80 Turnberry Avenue,
(Ward 21 - Davenport)
(City Council on March 2, 3 and 4, 1999, adopted the following recommendation:
"It is recommended that the report dated February 26, 1999, from the Commissioner of Corporate Services, headed 'Sale
of 80 Turnberry Avenue: 2nd Supplementary Report (Ward 21 - Davenport)', be adopted, wherein it is recommended that:
'(1)the confidential report dated February 15, 1999, from the Commissioner of Corporate Services, entitled
"Supplementary Report: Sale of 80 Turnberry Avenue", be received, such report to remain confidential in accordance with
the provisions of the Municipal Act; and
(2)the report dated February 1, 1999, from the Commissioner of Corporate Services, as embodied in the Clause, be
adopted, subject to amending Recommendation No. (1) to read as follows:
"(1)the Offer to Purchase made by 1298396 Ontario Limited in the amount of $2,707,000.00, be accepted, and the
Commissioner of Corporate Services be authorized to accept same on behalf of the City;" ' ".)
The Corporate Services Committee reports having instructed the Commissioner of Corporate Services to provide
one further opportunity to allow prospective purchasers to submit a final offer by February 23, 1999, respecting the
property located at 80 Turnberry Avenue; and submit a further report thereon directly to Council for its meeting
scheduled to be held on March 2, 1999.
The Corporate Services Committee reports, for the information of Council, having requested the Commissioner of
Corporate Services to submit a report to the Corporate Services Committee:
(a)providing an updated policy on the process the City will use in future on proposed sale of Surplus City-owned
property; and
(b)on the advisability of the City initiating a rezoning process on surplus City-owned property prior to offering the
property for sale, where appropriate.
The Corporate Services Committee submits the following report (February 1, 1999) from the Commissioner of
Corporate Services:
Purpose:
To authorize the disposal of the property municipally known as 80 Turnberry Avenue.
Funding Sources, Financial Implications and Impact Statement:
Revenue of $2,550,000.00, less closing costs and the usual adjustments is anticipated.
Recommendations:
It is recommended that:
(1)the Commissioner of Corporate Services be authorized to accept the Offer to Purchase, as submitted, in the amount of
$2,550,000.00 as detailed herein;
(2)the Commissioner of Finance in consultation with the Commissioner of Corporate Services be authorized to direct a
portion of the sale proceeds on closing to fund the expropriation of 11R Hounslow Heath Road;
(3)the City Solicitor be authorized and directed to take the appropriate action to complete the transaction on behalf of the
City and be further authorized to amend the closing date to such earlier or later date as he considers reasonable; and
(4)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background/History:
80 Turnberry Avenue is a vacant site of approximately 3.78 acres with an industrial zoning designation. Extending
northerly from the north limit of Turnberry Avenue, the property is situated immediately west of residential properties
fronting onto the west side of Old Weston Road. A Notice of Vesting/Statutory Declaration was registered April 22, 1994,
thereby vesting title to this property in the name of the Corporation of the City of Toronto.
The subject property has been vacant since March 1995. A three storey building once located on the site sustained
extensive fire damage and has since been demolished.
Details of the property are set out below:
Property Address:80 Turnberry Avenue.
Legal Description:Part of Township Lot 35, Concession 3 from The Bay,
City of Toronto, being Parts 1-4 inclusive, Plan 64R-16034.
Approximate Lot Size:83.82 metres (257 feet) fronting on the north side of Turnberry Avenue; 224.33 metres (736
feet) depth; approximately 3.78 acres.
Location:North side of Turnberry Avenue, west of Old Weston Road, north of St. Clair Avenue West.
Improvements:None.
Zoning:I3 D5.
City Council, at its meeting of September 18 and 19, 1995 [ECR22(5)] declared 80 Turnberry Avenue surplus to the needs
of the City and directed the Acting Commissioner of City Property to give notice to the Public of the impending sale.
Notice was posted and the property marketed. Two offers were received by the submission deadline, the highest offer being
in the amount of $350,000.00, and City Council decided that all tenders received for the sale of 80 Turnberry Avenue be
refused and that the site be considered for other possible future uses. The property was then withheld from sale pending the
outcome of the Yards Rationalization Study. The outcome dictated that 80 Turnberry Avenue was not required for Works
Yard expansion purposes. A staff appraisal dated August 19, 1998 estimated the market value of the subject property to be
in the range of $1,875,000.00 to $2,225,000.00.
A recommendation is contained in this report to allow the Commissioner of Corporate Services to direct a portion of the
proceeds of this sale to fund the expropriation of 11R Hounslow Heath Road as noted in Clause No. 21 of Report No. 7 of
The Corporate Services Committee adopted by Council at its meeting on June 3, 4, and 5, 1998. The Commissioner of
Corporate Services will provide the Commissioner of Finance with the appropriate amount to set aside for this purpose.
Comments and/or Discussion and/or Justification:
Pursuant to the September 18 and 19, 1995 authority, the property was listed for sale with JDF Realty Ltd. on November 3,
1998 on an exclusive "Proposal Call" basis. Eight (8) offers were received by the submission deadline. The two highest
offers which were substantially in excess of the balance of the offers were in the amount of $2,507,000.00 and
$2,000,000.00 respectively. The highest offer contained conditions while the second highest offer was unconditional.
Subsequent to the submission deadline, the purchaser with the highest offer submitted a letter withdrawing the conditions.
Staff then invited the purchaser with the second highest offer to reconsider their offer. This purchaser submitted a revised
unconditional offer in the amount of $2,550,000.00. The net result of all offers is detailed in Appendix "A" attached.
The highest offer summarized below is recommended for acceptance:
Offer Received From:Green Banner Developments Limited.
Amount of Offer:$2,550,000.00.
Deposit:$255,000.00 (certified cheque).
Intended Use:Residential Dwellings.
Acceptance Date:March 9, 1999.
Closing Date:45th day following expiry of "Due Diligence" Period.
Solicitor:Fogler Rubinoff.
Commission:Three (3) per cent. plus G.S.T., payable on closing of the transaction.
Listing Broker:JDF Realty Ltd.
Selling Broker:Canada Group Realty Corporation.
Conclusion:
Completion of this transaction detailed above is considered fair and reasonable and reflective of market value.
Contact Name:
Michelle DeVey, Valuator-Negotiator, Real Estate Services, (416)392-8160,
Fax No.: (416) 392-4828, E-Mail Address: michelle_devey@metrodesk.metrotor.on.ca.
The Corporate Services Committee reports, for the information of Council, having also had before it the following
communication and confidential report:
(i)(February 11, 1999) from Ms. Barbara Grossman, Barrister and Solicitor, Fraser Milner, requesting an opportunity to
appear before the Corporate Services Committee regarding the sale of the property located at 80 Turnberry Avenue,
Toronto, Ontario; and
(ii)(February 15, 1999) from the Commissioner of Corporate Services, providing a supplementary report to the report
dated February 1, 1999, respecting the Sale of Surplus City-owned Property located at 80 Turnberry Avenue; and attaching
a communication (February 12, 1999) from Ms. Barbara Grossman, Barrister and Solicitor, Fraser Milner.
(A copy of the map attached to the report dated February 1, 1999, from the Commissioner of Corporate Services; and the
confidential communication attached to the report dated February 15, 1999, from the Commissioner of Corporate Services,
was forwarded to all Members of Council with the February 15, 1999, agenda of the Corporate Services Committee and a
copy thereof is also on file in the office of the City Clerk.)
(City Council on March 2, 3 and 4, 1999, had before it, during consideration of the foregoing Clause, the following report
(February 26, 1999) from the Commissioner of Corporate Services:
Purpose:
To report directly to City Council on the sale of 80 Turnberry Avenue as requested by the Corporate Services Committee
on February 15, 1999.
Financial Implications:
The sale of this property will result in proceeds of $2,707,000.00 less real estate commission and normal closing costs.
Recommendations:
It is recommended that:
1. my confidential report (February 15, 1999) entitled "Supplementary Report: Sale of 80 Turnberry Avenue" be received;
and
2. the recommendations contained in my report (February 1, 1999) entitled "Sale of Surplus City-owned Property: 80
Turnberry Avenue" be adopted subject to amending Recommendation No. (1) to read:
"(1)the Offer to Purchase made by 1298396 Ontario Limited in the amount of $2,707,000.00 be accepted, and the
Commissioner of Corporate Services be authorized to accept same on behalf of the City;".
Council Reference/Background/History:
At its meeting of February 15, 1999, the Corporate Services Committee had before it a report (February 1, 1999) from the
Commissioner of Corporate Services entitled, "Sale of Surplus City-owned Property, 80 Turnberry Avenue". The
Committee also had before it a confidential supplementary report (February 15, 1999) from the Commissioner of Corporate
Services entitled "Supplementary Report: Sale of 80 Turnberry Avenue". The Committee directed staff to provide to each
of the eight prospective purchasers one further opportunity to submit a final offer by February 23, 1999 and to report
directly thereon to Council at its meeting to be held on March 2, 1999.
Comments:
In response to that direction, the eight original offerors were given notification of the Committee's direction. Subsequently,
the following three offers were received. It is noted these offers were received by and opened by City staff.
PurchaserPurchase PriceDeposit
1298396 Ontario Limited$2,707,000.00$270,700.00 (certified cheque)
Green Banner Developments$2,701,000.00$270,100.00 (certified cheque)
Limited
Malwa Homes Limited$1,110,000.00$111,000.00 (certified cheque)
The offers noted above contain no conditions in addition to the one applicable to all offers allowing the Purchaser to
terminate the Agreement if it finds during the due diligence period that the lands do not meet the required standard.
The highest offer, submitted by 1298396 Ontario Limited, in the amount of $2,707,000.00 is recommended for acceptance.
The closing date is 45 days from the expiry of the due diligence period. The full commission of 3 percent plus GST is
payable to JDF Realty Ltd.
Conclusion:
Completion of this transaction detailed above is considered fair and reasonable and reflective of market value.
Contact Name:
R. Mayr, Telephone No. (416) 396-4930, Fax No. (416) 396-4241,
rmayr@city.scarborough.on.ca (cc99039.wpd).)
9
Purchase of Properties at 7 and 9 Monkton Avenue,
for Municipal Parking Purposes
(City Council on March 2, 3 and 4, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the confidential report (January 27, 1999) from
the President, Toronto Parking Authority, respecting the purchase of properties at 7 and 9 Monkton Avenue, for
Municipal parking purposes, which was forwarded to Members of Council under confidential cover.
(City Council on March 2, 3 and 4, 1999, had before it, during consideration of the foregoing Clause, a confidential report
(January 27, 1999) from the President, Toronto Parking Authority, such report to remain confidential in accordance with
the provisions of the Municipal Act, save and except the following portion:
(Extract from the confidential report dated January 27, 1999,
from the President, Toronto Parking Authority.)
Purpose:
To purchase the properties at 7 and 9 Monkton Avenue in order to establish approximately 25 to 30 additional parking
spaces in the Bloor Street West/Islington Avenue shopping district.
Recommendations:
It is recommended that City Council:
(1)authorize the purchase of 7 and 9 Monkton Avenue and the development of approximately 25 to 30 municipal parking
spaces and designate this facility for municipal parking purposes; and
(3)authorize appropriate City officials to undertake the actions necessary to give effect thereto.)
10
203 Queens Quay West - Proposed Encroachment
Agreement - (Ward 24 - Downtown)
(City Council on March 2, 3 and 4, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (January 19, 1999) from the
Commissioner of Corporate Services:
Purpose:
To obtain authority for the City to enter into an encroachment agreement with 1262004 Ontario Limited and 1263448
Ontario Limited.
Financial Implications:
The standard one-time fee of $350.00 will be generated.
Recommendations:
It is recommended that:
(1)authority be granted to enter into an Encroachment Agreement with 1262004 Ontario Limited and 1263448 Ontario
Limited subject to the terms and conditions as set out in the body of this report;
(2)that the City Solicitor be authorized to prepare the necessary documentation; and
(3)the appropriate officials be authorized and directed to take the necessary action to give effect thereto.
Background:
203 Queens Quay West is one of the properties acquired by the City from Queens Quay West Land Corporation, and is part
of the programming lands that is subject to a 99-year lease between the City and Harbourfront Corporation (1990), as
authorized by City Council at its meeting of April 14, 1997 (ECR No. 13, Clause 26).
Aird & Berlis, Barristers and Solicitors, acting on behalf of 1262004 Ontario Limited, freehold owner and 1263448
Ontario Limited leasehold owner of the building municipally known as 207 Queens Quay West (commonly known as the
Queens Quay Terminal Warehouse), in a letter dated November 30, 1998, is requesting to enter into an encroachment
agreement with the City for the purpose of installing a canopy.
Comments:
The proposed installation of the canopy is part of the ongoing renovations of the building by the applicants. The proposed
canopy is approximately 23.5 feet wide by 58 feet long. The canopy would be installed on the north face of the building as
part of the main front entrance. As the building does not have much open space surrounding it, the canopy would extend
approximately 3 feet wide by 58 feet long on City-owned lands known as 203 Queens Quay West (Part 12 on
Plan 66R-12434).
Urban Planning and Development Services has reviewed the design of the proposed canopy and has no concerns subject to
the owner of the building entering into an encroachment with the owner of the lands, the City.
Harbourfront Corporation (1990), in a letter dated December 23, 1998 has advised that it has no objection to the canopy
encroaching on the City-owned lands.
I have no objection to the encroachment as shown in Drawing No. A001 (on file) dated September 3, 1998 prepared by
Zeidler Roberts Partnership, Architects, subject to:
(1)1262004 Ontario Limited and 1263448 Ontario Limited agreeing to:
(a)payment of one-time administration fee in the amount of $350.00 and registration cost of $50.00;
(b)provide a General Indemnity;
(c)provide a Comprehensive General Liability, All Risks Insurance, and other insurance satisfactory to Chief Financial
Officer and Treasurer;
(d)obtain all licenses and permits necessary;
(e)maintain the encroachment in a state of good order, condition and repair, to the full satisfaction of the Commissioner
of Corporate Services;
(f)remove the structure at its own expense upon receiving reasonable notice from the City; and
(g)restore the lands at its own expense, affected by the removal to its former condition;
(2)the term of the encroachment shall not exceed the earlier of the life of the building and the term of the 99-year lease
that expires on December 8, 2096, between the City and Harbourfront Corporation (1990);
(3)Harbourfront Corporation (1990) executing its consent to the encroachment agreement; and
(4)any other terms and conditions the City Solicitor may deem necessary.
Conclusion:
I am of the opinion that the request is reasonable.
Contact Name:
Erlinda Bala, Property Manager, Telephone No. 392-1852, Fax No.392-1880,
E-mail ebala@toronto.ca.
(A copy of the map attached to the aforementioned report was forwarded to all Members of Council with the February 15,
1999, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)
11
Expropriation of Property Interest, Sheppard Subway Project
Temporary Interest in a Portion of 204 Sheppard Avenue West,
(Ward 10 - North York Centre)
(City Council on March 2, 3 and 4, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (January 26, 1999) from the
Commissioner of Corporate Services:
Purpose:
To seek approval of the expropriation of certain property interests required for the Sheppard Subway Project.
Funding Sources, Financial Implications and Impact Statement:
Financing has previously been approved by Council and is available in Capital Account No. TC-392, Sheppard Subway
Project.
Recommendations:
It is recommended that:
(1)City Council, as approving authority, approve the expropriation of the property interests detailed herein;
(2)authority be granted to take all steps necessary to comply with the Expropriations Act, including but not limited to, the
preparation and registration of an Expropriation Plan and the service of: Notices of Expropriation, Notices of Election as to
a Date for Compensation and Notices of Possession;
(3)the Executive Director of Facilities and Real Estate be authorized to sign the Notices of Expropriation and Notices of
Possession on behalf of the City;
(4)leave be granted for introduction of the necessary Bill in Council to give effect thereto; and
(5)the appropriate City officials be authorized and directed to take the necessary action to give effect hereto.
Council Reference/Background/History:
By approval of Clause No. 2 of Report No. 9 of The Management Committee (as amended) on March 8 and 9, 1994, and
subject to a further report regarding funding, Metropolitan Council approved construction of the Sheppard Subway to Don
Mills Road. By approval of Clause No. 2 of Report No. 14 of The Management Committee (as amended) on April 20,
1994, Metropolitan Council authorized the debenture funding to commence the project. Metropolitan Council, by its
adoption of Clause No. 2 of Report No. 21 of The Financial Priorities Committee on September 25 and 26, 1996 (as
amended), approved the completion of the Sheppard Subway Project. By adoption of Clause No. 13 embodied in Report
No. 17 of the Corporate Services Committee, City Council at its meeting of November 25, 26 and 27, 1998 approved the
Application for Approval to Expropriate a temporary partial interest from 204 Sheppard Avenue West. This expropriation
is required in connection with the construction and utilization of a drop shaft and will be used temporarily for a pedestrian
sidewalk, a surface work site, and in subsurface dewatering tube system required for the drop shaft.
Comments and/or Discussion and/or Justification:
Pursuant to the Expropriations Act, initiation of the expropriation process has commenced and the owners of 204 Sheppard
Avenue West have not given notice requiring a Hearing of Necessity. The requirement, which is subject to minor changes
pending finalization of design and scheduling, is for a 30 month temporary term, commencing May 1,1999 from the 204
Sheppard Avenue West lands. It is illustrated as the 15.4 square metre area designated as Part 2 on the appended sketch
which is derived from a draft plan prepared by J.D. Barnes referenced as 94-21-413-50-A, which is on file with the City
Clerk.
Negotiations are continuing in the hope of securing the required property interest for May 1, 1999. However, in order to
ensure the availability of this temporary property interest, it is necessary to continue the expropriation process at this time.
Conclusions:
The continuance of expropriation procedures for the acquisition of the temporary partial interest from 204 Sheppard
Avenue West is required to ensure that possession of the lands for subway construction is obtained in a timely manner.
Contact Name:
Dan O'Donohue, Valuator (416) 392-8161 Fax No.:(416) 392-4828
E-Mail Address: daniel_o'donohue@metrodesk.metrotor.on.ca.
(A copy of the sketches attached to the foregoing report was forwarded to all Members of Council with the February 15,
1999, agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)
12
Proposed Property Disposal - 71 Milvan Drive,
(Ward 6 - North York Humber)
(City Council on March 2, 3 and 4, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (January 26, 1999) from the
Commissioner of Corporate Services:
Purpose:
To authorize the sale of the property municipally known as 71 Milvan Drive to Laura Montini (in trust) at a price of
$535,000.00.
Financial Implications:
Revenue of $535,000.00, less closing costs and the usual adjustments will be generated.
Recommendations:
It is recommended that:
(1)the Commissioner of Corporate Services be authorized to accept the offer to purchase for the property known as 71
Milvan Drive in the amount of $535,000.00 as detailed herein; and
(2)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Background:
71 Milvan Drive is an approximately 2.08 acre parcel located on the east side of Milvan Drive in the Weston Road and
Finch Avenue area of the City. The property includes an approximately 23,125 square foot two storey warehouse and office
building. The building appears to have been purpose-built for a specific user, as it includes second storey warehouse space,
which is uncommon. An attached warehouse addition with an area of about 50,000 square feet was destroyed in an
explosion in 1993. The basement, foundation and footing of that warehouse remain, such that the rear of the property
includes a large excavation and considerable rubble.
North York acquired this property on August 5, 1997, via a Notice of Vesting for non-payment of taxes. In June of 1997,
prior to acquiring the property, North York conducted a tax sale, where tenders were invited from the public. As prescribed
in the Municipal Tax Sales Act, the minimum acceptable bid was $855,000.00, the amount of the outstanding taxes, plus
penalties, interest, and costs. There were no bidders for the property.
Subsequent to the Notice of Vesting, the former North York permitted the former owners to remain in possession of the
property. That situation continues and neither taxes nor rent are being collected from the occupants because the City has no
formal agreement with them. The City has a potential liability exposure as a result of someone occupying the City's
property without the appropriate formal agreement.
On October 6 1997, City of North York Council declared the property known as 71 Milvan Drive to be surplus to the needs
of the City, and authorized staff to proceed with its sale. Public notice was provided in accordance with the former North
York Disposal By-law. This notice included advertisements in the Toronto Star, on December 12, 1997.
The market value of the property was estimated by an independent appraiser to be $550,000.00 in February of 1998. No
allowance was made in this appraisal for the rehabilitation required to remove the large amounts of rubble at the rear of the
existing building, the cost of filling in the approximately 50,000 square foot excavation, or for the possibility of any soil
contamination. The appraisal noted that the normal marketing time of a property such as this would likely be from four to
eight months.
Comments:
Both the current occupants of the building and the owner of the abutting property to the south expressed an interest in
purchasing the property. The current occupants indicated they wished to continue in business at their present location, and
wanted to avoid the expense of relocating to another building. The abutting owner to the south, a banquet facility, indicated
they intended to enlarge their parking lot.
Given the interest shown by known parties, the relatively weak market for industrial properties such as this, and the poor
impression the property would make on prospective purchasers, both the abutting owner and the current occupants were
requested to make binding offers to purchase the property. Their offers, were submitted by an established deadline in
sealed envelopes and are as follows:
Prospective PurchaserAmountDepositConditions
Offered
(1)407239 Ontario Ltd.$400,000.00$10,000.00To examine and approve (Abutting Owner)of any
agreements with existing occupants
(2)Laura Montini (in trust)$535,000.00$10,000.00none
(Current Occupant)
The offer from Laura Montini (in trust) is 97.3 percent of the appraised value of the property. Were the City to list the
property with a real estate broker, commission would likely be four percent of the selling price. Therefore, if the City
received an offer at the appraised value, the net amount would be $528,000.00, less than the amount offered by Ms.
Montini. In addition, there would be a further delay of several months while the property was being marketed, with no
guarantee that there would be any offers received greater than that received from Ms. Montini. This delay would also
extend the potential liability which is present as a result of someone occupying the City's property without a formal
agreement.
Acceptance of the offer by Laura Montini (in trust) is recommended as the offer is unconditional and is representative of
fair market value.
Conclusion:
Completion of this transaction detailed above is considered fair and reasonable and reflective of market value.
Contact Name:
Warren Poole, Telephone No. (416) 396-7700, Fax No. (416) 396-4241,
poole@city.scarborough.on.ca.
(A copy of the maps attached to the foregoing report was forwarded to all Members of Council with the February 15, 1999,
agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)
13
Proposed Land Exchange - York City Centre,
South-West Corner of Eglinton Avenue West
and Black Creek Drive (Ward 27 - York - Humber)
(City Council on March 2, 3 and 4, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the report (February 4, 1999) from the
Commissioner of Corporate Services, subject to:
(1)inserting the following additional Recommendation as Recommendation No. (3):
"(3)as part of the process, the Rutledge Development Corporation together with appropriate staff and Ward
Councillors, be requested to consult with the York City Centre Citizens Committee, the Mount Dennis Ratepayers,
the Mount Dennis BIA, the Eglinton and Keele BIA, the Roseland Ratepayers and a representative of Brownville
Avenue;"; and
(2)renumbering Recommendation No. (3) as Recommendation No. (4) accordingly, so that such recommendations
now read as follows:
"It is recommended that:
(1)staff proceed, in consultation with Ward Councillors, with negotiations involving the Ministry of
Transportation of Ontario and Rutledge Development Corporation with a view to formalizing terms and conditions
for the exchange of lands in the York City Centre area, and report back in due course;
(2)notice of intent to declare surplus be issued, and staff initiate the process to stop-up, close, and convey those
portions of the public highways known as Keelesdale Road and Photography Drive, intended to be included in the
proposed land exchange, in the south-west quadrant of Eglinton Avenue West and Black Creek Drive;
(3)as part of the process, the Rutledge Development Corporation together with appropriate staff and Ward
Councillors, be requested to consult with the York City Centre Citizens Committee, the Mount Dennis Ratepayers,
the Mount Dennis BIA, the Eglinton and Keele BIA, Roseland Ratepayers and a representative of Brownville
Avenue;"; and
(4)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto."
The Corporate Services Committee submits the following report (February 4, 1999) from the Commissioner of
Corporate Services:
Purpose:
To authorize the initiation of the process to stop up and close portions of public highways and to authorize negotiations in
connection with a proposed land exchange in the York City Centre area.
Financial Implications:
To be included in future report, if any.
Recommendations:
It is recommended that:
(1)staff proceed, in consultation with Ward Councillors, with negotiations involving the Ministry of Transportation of
Ontario and Rutledge Development Corporation with a view to formalizing terms and conditions for the exchange of lands
in the York City Centre area, and report back in due course;
(2)notice of intent to declare surplus be issued, and staff initiate the process to stop-up, close, and convey those portions
of the public highways known as Keelesdale Road and Photography Drive, intended to be included in the proposed land
exchange, in the south-west quadrant of Eglinton Avenue West and Black Creek Drive; and
(3)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Background:
In April of 1992, the former City of York (York) entered into a Memorandum of Understanding (MOU) with the Province
of Ontario represented by the Ministry of Transportation of Ontario (MTO) and the Minister Responsible for Greater
Toronto (both hereinafter referred to as the Province), and Dumez Real Estate North America Inc. (DRENA).
York's desire was to encourage the development of the lands at the intersection of Black Creek Drive and Eglinton Avenue
West for the purposes of a city centre.
DRENA, the Province, and York as owners of lands in the south-west quadrant of Black Creek Drive and Eglinton Avenue
West were desirous of participating in the development of such lands as the first phase of the York City Centre.
The purpose of the MOU was to set forth the land transactions necessary to facilitate the development of the first phase of
the York City Centre and to ensure that such development proceeds as a mixed-use development and in a manner
consistent with York's objectives of ensuring the creation of the York City Centre and implementing the provisions of
Official Plan Amendment 98.
Pursuant to an Agreement of Purchase and Sale, Mr. H. Scott Rutledge, principal of Rutledge Development Corporation
(RUDEVCO), now has control of the DRENA holdings that were subject to the MOU.
Whereas a number of conditions of the MOU were not satisfied, legal advice from City Legal staff dated September 21,
1998, stated the following:
"If DRENA has contracted for the sale of their holdings to a purchaser who is interested in a development in the south-west
quadrant, it would be best if the purchaser had discussions with the City and the Province with a view to arriving at a
renewed MOU or land exchange agreement."
Comments:
(1)Site Ownership:
The York City Centre - Phase One site is located on a 4.74 hectare (11.7 acre) triangular parcel of the land bounded to the
east by Black Creek Drive, to the north by Eglinton Avenue East, and to the south-west by the CNR/CPR railway corridor.
GM Gest, a Lyonnaise des Eaux-Dumez subsidiary, owned the central part of the triangle since the early 1950's. The
remaining lands are owned by the Province of Ontario, Ministry of Transportation and the local roads by the City of York.
Prior to GM Gest's ownership, the site was used by the municipality as a granular borrow source and subsequently as a
landfill site.
Downtown York Development, a holding company owned through Dumez Immobilier and managed by DRENA,
purchased the GM Gest lands in December 1989 in order to develop the York City Centre - Phase One.
In April 1992, DRENA executed a land exchange agreement (Memorandum of Understanding - MOU) with the Ministry
of Transportation for Ontario and the City of York. This agreement provides for a reconfiguration of the land holdings to
allow for the development of a gateway transit station, one million square feet of commercial premises, and 850 residential
condominiums. The agreement also provides for the joint servicing of the site and removal of landfill by DRENA and the
Ministry of Transportation.
(2)Landfill History:
The Landfill History is paraphrased from the Environmental and Geotechnical Assessment by Bruce A. Brown Associates
Limited dated April 1990.
From the available information, it appears this site was originally used as a granular borrow source. There is no record of
the duration of borrow activities, however, historic air photos dating from 1947 onward suggest that no significant volumes
of landfill were placed prior to 1947. The Granular "C" sand was not completely exhausted, however, borrow limits may
have been confined by the adjacent Canadian Pacific Railway line. Landfilling operations extended from 1949 to 1950 to
late 1953, or early 1954. The photographs indicate landfilling by 1950 and certain completion of filling by 1954.
Conversations with Gest personnel also confirms that landfill activities were terminated by about 1954, at which time the
fill was enclosed with a granular cover. Further discussions with Gest personnel indicate that Gest covered the site with an
additional lift of granular fill and extended southward the use of the site as a contractor's yard. Some of the array of small
buildings on the north part of the site pre-date the 1947 earliest available air photograph and the balance was constructed in
1948 and 1949. The most northern was demolished in 1966 for the Eglinton Avenue grade separations. The first evidence
of occupation of more intensive land use in the contractor's yard was found on the 1956 aerial photographs which includes
the largest of the Gest buildings. The site continued to be used by Gest who installed underground fuel tanks and
constructed the buildings which are still present.
(3)RUDEVCO Proposal:
RUDEVCO are proposing to acquire certain lands from MTO and from the City in order to end up with a developable site.
The various parcels, subject to the present fractured ownership, have limited development potential. The assembly
proposed by RUDEVCO would result in a realignment of ownership intended to create development opportunities of a
mixed-use nature. RUDEVCO would be responsible for any land clean-up required because of the former landfill use.
The land exchange proposal submitted by RUDEVCO provides that RUDEVCO would acquire Areas 5 and 6 on attached
Appendix "A" from MTO, and together with Areas 4 and 7, deed those lands to the City in return for the lands within the
boundaries of the former Keelesdale Road right-of-way shown as Area 1 and Areas 2 and 3 being part of the Photography
Drive right-of-way.
The RUDEVCO proposal contains three components; commercial, residential, and possible future transportation facility.
The commercial component will contain approximately 80,000 - 90,000 square feet of retail space and the residential
component will comprise approximately 150 units on a high density site.
A possible future transportation facility would be located on the block intended to be under City ownership to be created by
virtue of the proposed land exchange. As mentioned earlier, RUDEVCO would be responsible for any required
environmental clean-up of the land included in the exchange.
RUDEVCO has submitted an application to rezone the land. Future development of the lands would be subject to a site
plan control application. Their application is currently being circulated by Planning Department staff for review and
comment by the appropriate City departments. That process will include public input by way of a public meeting.
This report is not intended to comment on planning issues in any great detail. However, for purposes of information, the
Official Plan calls for mixed-use development. The zoning for the property is regulated under Section 336 of Zoning
By-law 1-83 of the former City of York. The uses proposed are allowed under that By-law. However, the Zoning By-law
amendments being proposed are of a site-specific nature pertaining to, among other things; reconfiguration of the Blocks,
changes in phasing, changes in vehicular access, and so on.
The site plan submitted by the applicant attached as Appendix "B" indicates the following:
BuildingLot
BlockUseAreaArea
ARetail7,000 sq. m.2.66 ha (6.57 acres)
(75,347 sq.ft.)
BResidential150 units0.46 ha (1.14 acres)
CFuture Development--0.22 ha (0.55 acre)
DGateway Facility--0.60 ha (1.49 acres)
A reduced copy of the site plan is attached for reference.
We have been advised that RUDEVCO's preliminary general concept was previously presented to members of the York
Community Council, as well as to the local BIA and ratepayers in 1998. It is understood that there will be ample
opportunity for public input into the land use issues related to the proposal.
The requirements for the proposed gateway facility will also be the subject of further review and comment by staff of
Urban Planning and Development Services and Works and Emergency Services, TTC, and GO Transit. There have been
preliminary discussions with regard to requirements and design issues related to the potential for provision of future
facilities like a "kiss-'n-ride" and a ticket kiosk, as well as parking and access issues for the gateway facility. More detailed
comments are anticipated as a result of the rezoning circulation process being coordinated by Urban Planning and
Development staff.
Conclusion:
Steps to stop-up, close, and convey the affected portions of the public highway, including the required four consecutive
weeks of advertising, should be initiated.
Corporate Services staff should be authorized to enter into negotiations in consultation with the Ward Councillors, to
formalize terms and conditions for the proposed land exchange and report back thereon to the Corporate Services
Committee.
Contact Name:
Francois (Frank) G. Bedard, Manager, Realty Services, Etobicoke-York Districts,
Telephone: (416) 394-8096; Fax No.: (416) 394-8895.
The Corporate Services Committee reports, for the information of Council, having also had before it a communication
(February 10, 1999) from Councillor Frances Nunziata, York-Humber, requesting that this matter be held down until she
can be present for the discussion.
________
The following persons appeared before the Corporate Services Committee in connection with the foregoing matter:
-Ms. Marjorie Sutton, President of the Local Ratepayers Association;
-Councillor Bill Saundercook, York-Humber; and
-Councillor Frances Nunziata, York-Humber.
(A copy of the maps attached to the foregoing report was forwarded to all Members of Council with the February 15, 1999,
agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)
14
Construction of Harbourfront Fire Station,
339 Queen's Quay West - Project No. 880004FD,
Tender No. 148-1998 (Downtown)
(City Council on March 2, 3 and 4, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (February 1, 1999) from the
Chief Financial Officer and Treasurer:
Purpose:
The purpose of this report is to advise the results of the Tender issued for the construction of Harbourfront Fire Station at
339 Queen's Quay West, in accordance with specifications as required by the Corporate Services Department and to
request the authority to issue a contract to the recommended bidder.
Source of Funds:
The Works and Emergency Services Department has sufficient financial authority for this project.
Recommendation:
It is recommended that Project No. 880004FD, Tender No. 148-1998 for the construction of Harbourfront Fire Station at
339 Queen's Quay West be awarded to the lowest bidder, M. J. Dixon Construction Ltd. in the amount of $3,647,625.00
including all taxes and charges.
Council Reference/Background History:
The Bid Committee, at its meeting held on December 2, 1998, opened the following tenders for Project No. 880004FD,
Tender No. 148-1998, for the construction of Harbourfront Fire Station at 339 Queen's Quay West as summarized below:
Price Complete
Including All Charges
Tendererand Taxes
M. J. Dixon Construction Ltd.$3,647,625.00
Derbtile Construction Inc.$3,769,000.00
Torcom Construction Inc.$3,780,000.00*
Frank Pellegrino General Contracting Ltd.$3,800,000.00
Maystar General Contractors Inc.$3,850,000.00
Granville Constructors$3,990,000.00
Bondfield Construction Co. (1983) Ltd.$4,188,000.00
*Tender price corrected for mathematical error. Purchasing and Materials Management has verified that the
mathematical error was corrected.
Comments and/or Discussion and/or Justification:
The Tender documentation submitted by the recommended bidder has been reviewed by the Commissioner of Corporate
Services and was found to be in conformance with the Tender requirements. The Commissioner of Corporate Services
concurs with the recommendation made.
The Manager, Fair Wage and Labour Trades Office has reported favourably on the firm recommended.
Conclusion:
This report requests authority to issue a contract for the construction of Harbourfront Fire Station at 339 Queen's Quay
West, in accordance with specifications to M. J. Dixon Construction Ltd. being the lowest Tender received.
Contact Name:
L. A. Pagano
Director, Purchasing and Materials Management
Telephone: 392-7312
15
Lease Agreement (New Owner) -
1860 Wilson Avenue
(Ward 6 - North York Humber)
(City Council on March 2, 3 and 4, 1999, deferred consideration of this Clause, together with the following motion, to the
next regular meeting of City Council to be held on April 13, 1999, with a request that a specific time be designated for the
consideration thereof:
Moved by Councillor Mammoliti:
"WHEREAS at Toronto City Council on December 16, 1998, Council applied initiatives to create a Bingo Task Force
chaired by Councillor Frances Nunziata, York Humber, with an established mandate to report on a city-wide bingo policy;
and
WHEREAS the item, Clause No. 19 contained in Report No. 17 of The Corporate Services Committee, headed 'Renewal
of Lease - Welfare Office, 1860 Wilson Avenue (Ward 6 - North York Humber)', was adopted, without amendment, by the
Council of the City of Toronto at its meeting held on November 25, 26 and 27, 1998; and
WHEREAS Toronto City Council on December 16, 1998, deferred consideration of Recommendation No. (1) of the
Emergency and Protective Services Committee to relocate the Delta Mayfair Bingo Hall from 525 Wilson Avenue (Ward 8)
to 1860 Wilson Avenue (Ward 6), to the Toronto City Council meeting of March 2, 1999; and
WHEREAS during the two-month deferral, Councillors Moscoe, Mammoliti and Berger have consulted directly with
interested parties on how these issues apply to a City Welfare Office and/or lease agreement and west end Bingo Hall; and
WHEREAS at the Budget Committee on January 19, 1999, it was reported by City staff that there was new information
regarding the property ownership at 1860 Wilson Avenue and a new lease agreement for a City Welfare Office and how it
would affect City policy and have additional long-term financial implications; and
WHEREAS the Budget Committee on January 19, 1999, was notified that the new owners of the proposed Welfare Office
at 1860 Wilson Avenue are now Delta Mayfair Bingo Group; and
WHEREAS Delta Mayfair Bingo Group (364511 Ontario Limited) have written to Councillor Mammoliti indicating
agreement to the content of this motion;
NOW THEREFORE BE IT RESOLVED THAT the leasing arrangement with 364511 Ontario Limited (a.k.a. Delta
Mayfair Bingo) respecting the City of Toronto's Welfare Office located at 1860 Wilson Avenue be amended to allow for
the City's option to terminate the tenancy of this lease on 90 days' prior written notice between the period April 1, 1999, to
March 31, 2001.")
The Corporate Services Committee recommends the adoption of the following report (February 11, 1999) from the
Commissioner of Corporate Services:
Purpose:
To seek Council's concurrence to conclude leasing arrangements with the new owner of 1860 Wilson Avenue on terms
previously authorized.
Financial Implications:
As set out in Clause No. 19 of Report No. 17 of The Corporate Services Committee, adopted by Council on November 25,
26 and 27, 1998, and attached as Appendix A.
Recommendations:
It is recommended that:
(1)a leasing arrangement with 364511 Ontario Limited or its successors ("364511") be concluded, on the terms and
conditions set out in and in accordance with Appendix "A" herein; and
(2)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Background:
By its adoption of Clause No. 19 of Report No. 17 of The Corporate Services Committee on November 25, 26 and 27,
1998, Council authorized a lease agreement with the Banca Commerciale Italiana of Canada ("Banca"), the Mortgagee
then in Possession of the property located at 1860 Wilson Avenue for approximately 23,194 square feet of space, at a rent
of $6.00 per square foot, net, plus a minimum of 80 parking spaces for use as a welfare office for a term of five years
commencing November 1, 1998, with a provision allowing the City the right to terminate the lease by giving the Landlord
six months' written notice after the end of the third year.
On December 1, 1998, the representative of Banca provided written notice that the property had been sold to 364511,
effective as of that date. Concurrence has now been received from 364511 to continue to lease the premises to the City on
the same terms and conditions as previously approved by Council with respect to Banca for a term of 4 years, 11 months,
commencing December 1, 1998.
Comments:
To document the existing leasing arrangement with 364511 as the new owner, a Council authority is required. In order for
this report to be simultaneously considered, with Councillor Mammoliti's notice of motion to re-open the previously
approved authority contained in Appendix "A", which is scheduled to be considered by Council on March 2, 1999, makes
it sufficiently urgent to request that this report be included on the Corporate Services Committee's Agenda on Monday,
February 15, 1999. The Commissioner of Community and Neighbourhood Services has been advised of the sale and
continues to approve of the leasing arrangements at this location.
Contact Name:
Mr. Glen Hamilton, Valuator-Negotiator; Telephone No. (416) 392-5838;
Fax No.: (416) 392-4828; E-mail Address: glen_hamilton@metrodesk.metrotor.on.ca.
(A copy of Clause No. 19 of Report No. 17 of The Corporate Services Committee which was attached to the foregoing
report was forwarded to all Members of Council with the February 15, 1999, agenda of the Corporate Services Committee,
and a copy thereof is also on file in the office of the City Clerk.)
(City Council on March 2, 3 and 4, 1999, had before it, during consideration of the foregoing Clause, the following
communications:
(i)(October 30, 1998) from Mr. Ira T. Kagan, Kagan Zucker Feldbloom Shastri, Barristers and Solicitors, acting for
364511 Ontario Ltd. (Delta Mayfair Bingo) respecting the relocation of Delta Mayfair Bingo from 252 Wilson Avenue to
1860 Wilson Avenue;
(ii)(February 23, 1999) from Mr. James M. Wortzman, Teplitsky, Colson, Barristers, requesting that the application with
respect to the Delta Mayfair Bingo Hall, 1860 Wilson Avenue, be referred back to staff for further consideration;
(iii)(February 25, 1999) from Mr. Jonathan Kulathungam, Teplitsky, Colson, Barristers, requesting that Council defer
the decision with respect to the relocation of the Delta Mayfair Bingo Hall;
(iv)(February 25, 1999) from Mr. Jeff Phillips Sexton, Congregation Shaarei Tzedek, advising of the adverse effect the
relocation of the Delta Mayfair Bingo Hall will have on the operation of Finch Bingo;
(v)(March 1, 1999) from Mr. Stephen Diamond, McCarthy Tétrault, Barristers and Solicitors, requesting that Council
refer the matter of the relocation of the Delta Mayfair Bingo Hall back to the Emergency and Protective Services
Committee for further consideration; and
(vi)(March 1, 1999) from Mr. Jonathan Kulathungam, Teplitsky, Colson, Barristers, submitting further information with
respect to the proposed relocation of the Delta Mayfair Bingo Hall; and again requesting that Council defer its decision in
this regard.)
16
Interim Property Tax Bills
(City Council on March 2, 3 and 4, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee:
(1)reports having instructed the Chief Financial Officer and Treasurer to provide a clear 30 day period to
property taxpayers from one payment to the next, without penalty; and
(2)recommends that City Council concur with the foregoing action taken by the Committee.
The Corporate Services Committee submits the following communication (February 10, 1999) from the Chief
Financial Officer and Treasurer, addressed to the Mayor and Members of Council:
An issue has recently been identified through our call centre regarding concerns expressed by some taxpayers with respect
to the short period of time (three weeks) between the first and second due date on their interim bill for 1999 in concert with
late receipt of some bills. The due dates for the interim billing are February 15, 8, and April 6.
In light of this concern, we will provide a five- (5) day "grace" period. Penalty and interest will not be charged until five
days after the due date.
For the final billing we will ensure that there is a four (4) week spread between due dates.
17
Options for Placing Either the City's Coat of Arms or
the City's Logo in Toronto City Hall Council Chamber
(City Council on March 2, 3 and 4, 1999, adopted the following recommendation:
"It is recommended that the recommendation of the Sub-Committee - Relocation of all Members of Council to City Hall
(now known as the Office Consolidation Committee) embodied in the communication dated January 25, 1999, from the
City Clerk, be adopted, viz.:
'The Sub-Committee - Relocation of all Members of Council to City Hall recommends that the City's logo be placed on the
wood panel on the floating wall at the front of the Council Chamber (Option 2 of the report dated January 25, 1999, from
the Commissioner of Corporate Services).' ")
The Corporate Services Committee submits, without recommendation, the communication (January 25, 1999) from
the City Clerk, Sub-Committee - Relocation of All Members of Council to City Hall, having regard that the
following motions were voted on and lost on a tie vote:
Moved by Councillor Lindsay Luby:
"The Corporate Services Committee recommends to Council the adoption of the Recommendation of the
Sub-Committee - Relocation of All Members of Council to City Hall; and further that the Coat of Arms be installed
on the opposite wall in the City of Toronto Council Chamber."
Moved by Councillor O'Brien:
"The Corporate Services Committee recommends to Council the adoption of the report (January 25, 1999) from the
Commissioner of Corporate Services; and further that the City's logo be installed on the opposite wall in the City of
Toronto Council Chamber."
The Corporate Services Committee submits the following communication (January 25, 1999) from the City Clerk,
Sub-Committee - Relocation of All Members of Council to City Hall:
Recommendation:
The Sub-Committee - Relocation of all Members of Council to City Hall recommends that the City's logo be placed on the
wood panel on the floating wall at the front of the Council Chamber (Option 2 of the report dated January 25, 1999, from
the Commissioner of Corporate Services).
Background:
The Sub-Committee - Relocation of all Members of Council to City Hall, on January 25, 1999, had before it a report
(January 25, 1999) from the Commissioner of Corporate Services respecting Options for Placing Either the City's Coat of
Arms or City Logo in Toronto City Hall Council Chamber.
The Sub-Committee's recommendations is noted above.
(Report dated January 25, 1999, from the Commissioner of
Corporate Services addressed to the Sub-Committee
Relocation of all Members of Council to City Hall,
entitled "Options for Placing Either the City's Coat of Arms
or City Logo in Toronto City Hall Council Chamber.)
Purpose:
To present two options showing the placement of either the City's new Coat of Arms or City logo in the Council Chamber
at Toronto City Hall.
Source of Funds:
Funds in the amount of $21,000.00 to fabricate and install the Coat of Arms in the Council Chamber are available in the
Facilities and Real Estate Division's 1999 Operating Budget. Funds in the amount of approximately $9,000.00 would be
required for fabricating and installing the City logo in the Council Chamber.
Recommendation:
It is recommended that the City of Toronto's new Coat of Arms be located in the Toronto City Hall Council Chamber as
identified on Option 1 in Appendix A, such that the Coat of Arms is to be mounted in the centre of the wood panel behind
the Mayor's desk.
Council Reference/Background/History:
City Council, at its meeting held on October 28, 29 and 30, 1998, approved the final design for the new Coat of Arms for
the City of Toronto. Earlier in 1998, City Council approved a City logo which is now widely used throughout the City as a
corporate visual identifier.
Comments and/or Discussion and/or Justification:
The renovations to the Council Chamber at Toronto City Hall are nearing completion, within the approved budget and on
schedule. City Council will hold its first meeting in this newly renovated facility on February 2, 3, and 4, 1999.
The Project Architect working closely with the Project Team developed a design element in the Council Chamber to
feature the City's new Coat of Arms. The proposed plan calls for the Coat of Arms to be mounted on a specially designed
wood panel located on the floating wall at the front of the chamber, behind the Mayor's desk. The Coat of Arms is
currently being fabricated for this purpose and will be ready for installation by the end of this month.
In the meantime, the Chair of the Relocation Sub-Committee requested that consideration be given to mounting the new
City logo on this wood panel.
In response, two options have been developed as shown on Options 1 and 2 in Appendix A. Option 1 illustrates the
placement of the City's new Coat of Arms on the wood panel behind the Mayor's desk, while Option 2 shows the City logo
mounted on the panel.
A third option of mounting both the Coat of Arms and City logo on the wood panel was also studied, but this option is not
feasible from a design viewpoint and is not one of the options recommended in this report. Given the design of the panel
installed in the Chamber, it would not be possible to accommodate both the Coat of Arms and City logo at an appropriate
scale on the panel.
Conclusions:
While both options highlighted in this report are acceptable from a design viewpoint, I am recommending that the new
Coat of Arms be mounted as a prominent feature in the Council Chamber in accordance with Option 1 discussed in this
report. The new Coat of Arms is City Council's formal emblem that, in a heraldic tradition, embodies all of the
communities from across the City, as well as many traditional symbols of the City. It should also be pointed out that the
City logo is already mounted in a prominent location at Toronto City Hall, namely in Committee Room 1 which
accommodates meetings of the standing committees and other committees attended by the public, as well as in-camera
meetings of City Council.
If the recommendation outlined in this report is adopted by the Relocation Sub-Committee, the new Coat of Arms can be
installed prior to City Council's first meeting in the newly renovated Council Chamber, scheduled for February 2, 3 and 4,
1999.
Contact Name:
Susanne Borup, Executive Director, Facilities and Real Estate Division, phone 397-4156,
fax 397-0825, e-mail SusanneBorup@city.toronto.ca
--------
Councillor Korwin-Kuczynski, High Park, appeared before the Corporate Services Committee in connection with the
foregoing matter.
insert map- option 1
insert map - option 2
(City Council on March 2, 3 and 4, 1999, had before it, during consideration of the foregoing Clause, a communication
(February 18, 1999) from Mr. Robert D. Watt, Chief Herald of Canada, regarding the Display of Emblems in Council
Chambers - Canadian Practice.)
18
City of Toronto French Committee\
Comité Français De La Ville De Toronto
(City Council on March 2, 3 and 4, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (February 3, 1999) from the
Commissioner of Corporate Services:
Purpose:
The purpose of this report is to request approval from the Corporate Services Committee to transfer responsibilities for the
Toronto French Committee from the Corporate Communications Division to the Access and Equity Centre.
Recommendations:
It is recommended that:
(1)the City of Toronto French Committee continue to function and that its responsibilities reside with the Access and
Equity Centre of the Corporate Services Department;
(2)the City of Toronto French Committee's budget of $27,146.00 be transferred from the Corporate Grants Program to
the Access and Equity Centre;
(3)staff from the Access and Equity Centre serve as key contact between the committee and the City of Toronto; and
(4)the committee be known as the City of Toronto French Committee/Comité français de la Ville de Toronto.
Council Reference:
On December 4, 1998, the Special Committee to Review the final Report of the Toronto Transition Team considered a
communication from Councillor Mario Silva and a report from the French Committee of Toronto City Hall. The report and
Councillor Silva's memorandum described the role that the French Committee played in the former City of Toronto and
recommended that a similar committee, to be known as the City of Toronto French Committee/ Comité français de la Ville
de Toronto, continue in the new City of Toronto. The Special Committee to Review the Final Report of the Toronto
Transition Team requested the Chief Administrative Officer to report to the Corporate Services Committee on January 18,
1999, on an appropriate reporting structure and funding for the proposed City of Toronto French Committee. At the
Corporate Services Committee on January 18, 1999 the Chief Administrative Officer referred this matter to the
Commissioner of Corporate Services for a more detailed response to the Special Committee's request at the February
meeting of the Corporate Services Committee.
Comments:
The French Committee of Toronto City Hall has existed since 1981. During that time the emphasis has been less on the
promotion of French culture in Toronto and more on the provision of French language services. In 1998, funding for the
existing French Committee of Toronto City Hall was provided from the Corporate Services Department's operating
budget. An identical amount to the 1998 allocation has been included in the Department's preliminary operating estimates
for 1999. The committee used this funding to finance its research, reports and meetings.
The proposed mandate of the reconstituted City of Toronto French Committee is to:
(i)promote the development and identity of Toronto's Francophone Community;
(ii)promote Francophone interests at Municipal Council;
(iii)encourage Francophone participation of different municipal committees;
(iv)work to increase the number and quality of French-Language services offered by the City;
(v)facilitate the links between city Council, the Community Councils and Francophone taxpayers; and
(vi)be fully integrated into the consultative and decision-making structure of the City.
Staff in the Corporate Communications Division of the Corporate Services Department served as contact between the
committee and the City of Toronto. As the activities of the City of Toronto French Committee are focused on the City's
provision of French language rather than on communication activities, it is appropriate that the Access and Equity Centre
of the Corporate Services Department serve as the key contact between the City of Toronto French Committee and the City
of Toronto. The City of Toronto French Committee will report to council through the Corporate Services Committee
Contact Name:
Valerie Chavossy, Director, Corporate Communications; Tel. 397-4149.
(City Council on March 2, 3 and 4, 1999, had before it, during consideration of the foregoing Clause, a communication
(March 2, 1999) from Mr. André Duclos, Chair, Comité français de la Ville de Toronto/City of Toronto French
Committee, regarding the renewal of the existence of the French Committee and the transfer of its reporting responsibility
to the Access and Equity Centre from the Corporate Communications Division.)
19
Legal Representation for the City of Toronto
and Four Paramedics at the Inquest into
the Death of Kenneth Allen
(City Council on March 2, 3 and 4, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (February 1, 1999) from the
City Solicitor:
Purpose:
The purpose of this report is to advise that an Inquest into the death of Kenneth Allen is anticipated to be scheduled in
April or May of 1999.
Funding Sources, Financial Implications and Impact Statement:
There are no municipal costs associated with the matter.
Recommendations:
It is recommended that:
(1)the City Solicitor be authorized to represent the City of Toronto and four paramedics at the Inquest into the death of
Kenneth Allen, if necessary; and
(2)this report be forwarded to the Emergency and Protective Services Committee for its information.
Council Reference/Background/History:
Kenneth Allen died in police custody on November 30, 1991.
At a pre-inquest meeting on December 11, 1996, the Coroner, Dr. James Young, expressed some general concerns about
the paramedic care of Mr. Allen.
The lawyers for the various police parties challenged a ruling made by the Coroner to the Divisional Court and ultimately
the matter was heard by the Court of Appeal.
The inquest was stayed pending these proceedings.
My information is that the inquest will start over, possibly in April or May of 1999.
Comments and/or Discussion and/or Justification:
After the pre-inquest meeting in December of 1996, a lawyer from my office requested that the Coroner's counsel obtain a
report from an expert outlining any concerns about the paramedic care. A report was obtained by the Coroner's office in
February of 1996 from Dr. Psutka of the McMaster University Department of Medicine, who found that the paramedic care
was appropriate.
The Coroner's counsel advised a lawyer from my office in a letter dated February 25, 1997, that he no longer saw an issue
arising from the paramedic care. However, lawyers for several of the other parties with standing have chosen to reserve
their right to continue to question the paramedic care of Mr. Allen, especially since the cause of death of Mr. Allen is a
matter of medical controversy, i.e., whether he died from cocaine toxicity or asphyxia due to compression of the neck or a
combination of both.
If the parties with standing maintain their positions taken in 1997 that they wish to make an issue of the paramedic care, it
will be necessary for the City and the paramedics to have legal representation at the inquest. In view of Dr. Psutka's report,
there does not appear to be a conflict between the City and the paramedics such as to prevent one lawyer from acting for all
of them.
It is therefore recommended that the City Solicitor be authorized to represent the City of Toronto and the paramedics at the
inquest, if necessary.
Should the Committee decide to have separate representation, outside counsel would have to be retained for the City and
the paramedics since a lawyer from my office has obtained information from the paramedics.
Conclusions:
It is recommended that:
(1)the City Solicitor be authorized to represent the City of Toronto and four paramedics at the Inquest into the death of
Kenneth Allen, if necessary; and
(2)this report be forwarded to the Emergency and Protective Services Committee for its information.
Contact Name:
Jane E. Egan
Phone:(416) 392-8703
Fax:(416) 392-3848
20
Property Damage Claim
St. Clair Avenue East and Warden Avenue
(City Council on March 2, 3 and 4, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (January 15, 1999) from the
City Solicitor:
Purpose:
To recommend that the City Solicitor be authorized to continue legal proceedings seeking recovery of the cost of repair to
Metropolitan property which was damaged in a motor vehicle accident and to ratify all steps already taken.
Funding Sources, Financial Implications and Impact Statement:
Transportation Department account receivable in the sum of $7,729.81.
Recommendations:
It is recommended that the City Solicitor be granted authority in this case to continue the court action already commenced
where he deems it appropriate to do so, to appeal any decision where warranted, to discontinue or settle this action or any
subsequent appeal where he concludes that it is reasonable to do so, to execute any documents required in this action or any
subsequent appeal or to effect such settlement where he deems it appropriate to do so, and that all steps taken to date in this
matter be ratified.
Council Reference/Background/History:
On October 31, 1992, F.M. was involved in a motor vehicle accident which caused damage to traffic signal equipment,
owned by The Municipality of Metropolitan Toronto, located at St. Clair Avenue East and Warden Avenue, in the former
City of Scarborough. As a result of this accident, the Metropolitan Corporation incurred expenses in the sum of $7,729.81,
which represented the cost of repair to the traffic equipment. Despite demands for payment, F.M. has not paid anything
towards said repair costs.
Due to an impending limitation date, it was deemed advisable to commence a court action in order to protect the interests
of the Metropolitan Corporation. An action was commenced and a Statement of Claim has been served upon F.M. This
court action requires ratification by Council. It is therefore requested that this action be ratified and authority given to
prosecute this action through to its conclusion, either in the courts or by way of a settlement between the parties.
Comments and/or Discussion and/or Justification:
The General Manager of the Transportation Services Division of the Works and Emergency Services Department concurs
with this report.
Conclusions:
The requested authorization be granted.
Contact Name and Telephone Number:
Glenn K. L. Chu 397-5612.
21
Property Damage Claim
Lansdowne Avenue and Davenport Road
(City Council on March 2, 3 and 4, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (January 28, 1999) from the
City Solicitor:
Purpose:
To recommend that the City Solicitor be authorized to continue legal proceedings seeking recovery of the cost of repair to
Metropolitan property which was damaged in a motor vehicle accident and to ratify all steps already taken.
Funding Sources, Financial Implications and Impact Statement:
Transportation Department account receivable in the sum of $8,637.09.
Recommendation:
It is recommended that the City Solicitor be granted authority in this case to continue the court action already commenced
where he deems it appropriate to do so, to appeal any decision where warranted, to discontinue or settle this action or any
subsequent appeal where he concludes that it is reasonable to do so, to execute any documents required in this action or any
subsequent appeal or to effect such settlement where he deems it appropriate to do so, and that all steps taken to date in this
matter be ratified.
Council Reference/Background/History:
On June 17, 1996, J.C. was involved in a motor vehicle accident which caused damage to traffic signal equipment, owned
by The Municipality of Metropolitan Toronto, located at Lansdowne Avenue and Davenport Road, in the City of Toronto.
As a result of this accident, the Metropolitan Corporation incurred expenses in the sum of $8,637.09, which represented the
cost of repair to the traffic equipment. Despite demands for payment, J.C. has not paid anything towards said repair costs.
Due to an impending limitation date, it was deemed advisable to commence a court action in order to protect the interests
of the Metropolitan Corporation. An action was commenced and a Statement of Claim has been served upon J.C. This
court action requires ratification by Council. It is therefore requested that this action be ratified and authority given to
prosecute this action through to its conclusion, either in the courts or by way of a settlement between the parties.
Comments and/or Discussion and/or Justification:
The General Manager of the Transportation Services Division of the Works and Emergency Services Department concurs
with this report.
Conclusions:
The requested authorization be granted.
Contact Name and Telephone Number:
Cyd Lord-Ferdinand 392-8533.
22
Recipients - Constance E. Hamilton Award
(City Council on March 2, 3 and 4, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (February 9, 1999) from the
Women Members of City Council:
Recommendations:
It is recommended that:
(1)City Council endorse the selection of Joan Grant Cummings, Marion Lynn and Jane Pepino as the 20th anniversary
recipients of the Constance E. Hamilton Award in 1999; and
(2)the appropriate City officials be authorized and directed to take the necessary actions to give effect thereto.
Background:
At its meeting of October 1 and 2, 1998, City Council approved the 20th anniversary program for the Constance E.
Hamilton Award and the continuation of this award to recognize Person's Day.
The Constance E. Hamilton Award was established in 1979 to celebrate the 50th anniversary of the Person's Case which
recognized that women were persons and could be appointed to the Senate of Canada. The Award was named after
Constance E. Hamilton the first woman elected to a Municipal Council in Toronto in 1920.
The Award recipients are selected by the Women Members of Council from nominations submitted by the public. The
Award recognizes person(s) who have made a significant volunteer contribution to improving the status of women in
Toronto and whose efforts have not yet been publicly recognized.
Comments:
Three recipients have been selected:
Joan Grant Cummings has been a woman's rights advocate for over 30 years and has brought an anti-racist perspective to
her feminism in both her volunteer and professional activities. As President of the National Action Committee on the
Status of Women, she has worked tirelessly to ensure that the organization is inclusive and that the most disadvantaged
women in Canada have a voice in the body politic. Her work is recognized internationally by many women's organizations.
She has served on a number of community boards, often being the first Black woman to serve on these bodies. Her
professional work in health advocacy has focussed upon "women's health in women's hands".
Since the early 70's, Marion Lynn has devoted a great deal of time helping women inside and outside the classroom and
has been a mentor to many students. As the Women's Advisor to the President of Centennial College, she implemented
several programs aimed at improving the status of women. She was instrumental in founding the Journal of Canadian
Women's Studies and has recently completed an extensive project with the Older Women's Network to identify the needs
of older women in rural communities as well as in Toronto. She remains committed to working at the "grass roots" with
women who are the most disadvantaged and powerless.
Jane Pepino has been a leader on issues pertaining to women's health and safety for over 30 years. Between 1981 and
1985, she served as Chair of the Metro Task Force on Public Violence Against Women, whose report generated many
innovative policies and strategies. She has served on numerous boards and committees to address policing, human rights,
health services and the equitable treatment of women by governments. Most recently, she was instrumental in helping to
ensure a "woman centered" approach to health services as exemplified through the work of Women's College Hospital. In
her professional life, she is considered to be a national expert on municipal planing and development.
A public announcement of the recipients will be made on March 2nd at a reception in honour of International Women's
Day. The formal presentations will be made in October to coincide with Person's Day. The Women members of Council
have invited Barbara Hall to be the guest speaker at the 20th anniversary program and have requested staff to invite all the
former Women Councillors to participate in this celebration.
________
Women Members of Council:
Councillor Maria Augimeri, Ward 7 - Black Creek
Councillor Ila Bossons, Ward 23 - Midtown
Councillor Elizabeth Brown, Ward 5 - Rexdale Thistletown
Councillor Sandra Bussin, Ward 26 - East Toronto
Councillor Olivia Chow, Ward 24 - Downtown
Councillor Betty Disero, Ward 21 - Davenport
Councillor Joanne Flint, Ward 9 - North York Ctr. South
Councillor Anne Johnston, Ward 22 - North Toronto
Councillor Irene Jones, Ward 2 - Lakeshore Queensway
Councillor Joan King, Ward 12 - Seneca Heights
Councillor Gloria Lindsay Luby, Ward 3 - Kingsway Humber
Councillor Pam McConnell, Ward 25 - Toronto - Don River
Councillor Frances Nunziata, Ward 27 - York Humber
Councillor Jane Pitfield, Ward 1 - East York
Councillor Judy Sgro, Ward 6 - North York Humber
Councillor Sherene Shaw, Ward 17 - Scarborough Agincourt
23
1999 Membership Fee - Federation
of Canadian Municipalities
(City Council on March 2, 3 and 4, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (January 29, 1999) from the
Chief Financial Officer and Treasurer:
Purpose:
To obtain Council's approval to pay the 1999 membership fee for the Federation of Canadian Municipalities.
Financial Implications:
There are sufficient funds in the 1999 Interim Estimates to cover this expenditure.
Recommendation:
It is recommended that payment of the 1999 membership fee for the Federation of Canadian Municipalities be approved in
the amount of $116,100.00.
Discussion:
The 1999 invoice for the membership to the Federation of Canadian Municipalities is for $116,100.00. This is an increase
of $85.00 over the 1998 membership fee.
Conclusion:
The 1999 membership fee for the Federation of Canadian Municipalities be paid in the amount of $116,100.00.
Contact Name and Telephone Number:
A. C. Shultz
Director of Accounting Services
Finance Department
416 397-5240
24
1999 Membership Fee - Association
of Municipalities of Ontario
(City Council on March 2, 3 and 4, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee recommends the adoption of the following report (January 29, 1999) from the
Chief Financial Officer and Treasurer:
Purpose:
To obtain Council's approval to pay the 1999 membership fee for the Association of Municipalities of Ontario.
Financial Implications:
There are sufficient funds in the 1999 Interim Estimates to cover this expenditure.
Recommendation:
It is recommended that payment of the 1999 membership fee for the Association of Municipalities of Ontario be approved
in the amount of $63,276.93.
Discussion:
The 1999 membership fees for the Association of Municipalities of Ontario have been calculated using a fee rate schedule
that provided for a specific cost per household over a base of 20,000 households. This differs from the process AMO used
in 1998 to bill the City of Toronto whereby the Association was seeking a flat fee from the City. The 1999 fee schedule
results in 1999 membership fees for the City of Toronto of $63,276.93, representing a reduction of $36,327.94 from the
1998 fees of $99,604.87.
Accompanying this report is a copy of the Association's Bulletin detailing 1998 activities.
Conclusion:
The 1999 membership fees for the Association of Municipalities of Ontario be paid in the amount of $63,276.93.
Contact Name and Telephone Number:
A. C. Shultz, Director of Accounting Services, Finance Department; Tel. No.: 416 397-5240
(A copy of the attachment to the foregoing report, entitled "AMO - 1998 - A Year in Review", was forwarded to all
Members of Council with the February 15, 1999, agenda of the Corporate Services Committee, and a copy thereof is also
on file in the office of the City Clerk.)
25
Remuneration and Expenses of Members of
Council and of Council Appointees to Local
Boards and Other Special Purpose Bodies
for the Period January 1, to December 31, 1998
(City Council on March 2, 3 and 4, 1999, adopted this Clause, without amendment.)
The Corporate Services Committee reports having concurred with the recommendation embodied in the following
report (February 1, 1999) from the Chief Financial Officer and Treasurer:
Recommendation:
It is recommended that this report be received and forwarded to Council for information.
Background:
In accordance with Section No. 247(1) of The Municipal Act (R.S.O. 1990), the City Treasurer shall submit an itemized
statement of remuneration and expenses paid to Members of Council and Council Appointees of Local Boards and other
Special Purpose Bodies.
Legislation requires that this Statement be presented to Council by the end of February. Due to year end processing
schedules and scheduled Council meetings, the report will not be available for submission prior to that date. Based on
information received from other Boards and Agencies, this report for 1998 will be forwarded to the Corporate Services
Committee meeting on March 25, 1999, and subsequently to Council on April 13, 1999.
Contact Name and Telephone Number:
A. C. Shultz, Director of Accounting Services, Finance Department, Tel. No. 416 397-5240
26
Other Items Considered by the Committee
(City Council on March 2, 3 and 4, 1999, received this Clause, for information.)
(a)External Legal Firms Retained for Insurance Claim Defence.
The Corporate Services Committee reports having:
(1)received the following joint report (February 2, 1999) from the Chief Administrative Officer and Chief
Financial Officer and Treasurer;
(2)requested the City Solicitor to submit a report to the Corporate Services Committee on all outstanding legal
work being performed by outside legal firms; and
(3)referred the following motions to the Audit Committee for report thereon to the Corporate Services
Committee:
Moved by Councillor Lindsay Luby:
"That any future reports regarding the outsourcing of legal work, determine the cost effectiveness of work
undertaken inside vis-a-vis outside and particularly when specific expertise is needed; and that this cost-benefit
analysis be undertaken by the City's External Auditor."
Moved by Councillor Rae:
"That the forgoing motion by Councillor Lindsay Luby be referred to the Chief Financial Officer and Treasurer
for report thereon to the next meeting of the Corporate Services Committee respecting the cost of the City
employing an External Auditor."
(February 2, 1999) from the Chief Administrative Officer and Chief Financial Officer and Treasurer, providing specific
information relating to external legal firms retained by the City of Toronto for insurance claim defence purposes; and
recommending that this report be received as information.
(b)1998 Parking Tag Issuance - November.
The Corporate Services Committee reports having received the following report (December 29, 1999) from the
Chief Financial Officer and Treasurer:
(December 29, 1999) from the Chief Financial Officer and Treasurer, advising that this report reflects parking enforcement
and collection activities of the Corporation for the period ending November 30, 1998; attaching the following schedules:
Schedule 1Monthly Tag Issuance, Collection Rate and Revenue for 1998;
Schedule 2Collection Rate Activity for Tags Issued in Prior Years (1989-1997);
Schedule 3 Parking Tag Receivables (1989-1997);
Schedule 4Summary of Trial Request and Conviction Rates;
Schedule 5Summary of Expenditures for Parking Tag Operations; and
Schedule 6Parking Tags Issued by former Municipal By-law Group; and
recommending that this report be received for information.
(c)1998 Parking Tag Issuance - December.
The Corporate Services Committee reports having received the following report (January 8, 1999) from the Chief
Financial Officer and Treasurer:
(January 8, 1999) from the Chief Financial Officer and Treasurer, advising that this report reflects parking enforcement and
collection activities of the Corporation for the period ending December 31, 1998; attaching the following schedules:
Schedule 1Monthly Tag Issuance, Collection Rate and Revenue for 1998;
Schedule 2Collection Rate Activity for Tags Issued in Prior Years (1989-1997);
Schedule 3 Parking Tag Receivables (1989-1997);
Schedule 4Summary of Trial Request and Conviction Rates;
Schedule 5Summary of Expenditures for Parking Tag Operations; and
Schedule 6Parking Tags Issued by former Municipal By-law Group; and
recommending that this report be received for information.
(d)Legal Challenge Against the City of Toronto.
The Corporate Services Committee reports having received a confidential report (February 1, 1999) from the City
Solicitor respecting a legal challenge against the City of Toronto.
(e)Employee Conflict of Interest Policy/Code of Conduct.
The Corporate Services Committee reports having:
(1)referred the following report back to the Executive Director of Human Resources for consultation with
representatives of CUPE Local 79 and report thereon to the Corporate Services Committee;
(2)requested the Chief Administrative Officer to bring forward the Conflict of Interest Policy/Code of Conduct
for Special Purpose Bodies and Agencies, Boards and Commissions and other committees at the same time that he
is reporting on a similar policy for Members of Council; and
(3)requested the Executive Director of Human Resources to submit a report to the Corporate Services Committee
on employees being required to sign a yearly document attesting to compliance with the Employee Conflict of
Interest Policy/Code of Conduct:
(February 11, 1999) joint report addressed to the Personnel Sub-Committee from the Chief Administrative Officer and
Executive Director of Human Resources, recommending that the Employee Conflict of Interest Policy be recommended to
the Corporate Services Committee and Council for adoption.
(f)Acquisition of Ontario Hydro Corridor
Kennedy Road to Birchmount Road
(Ward 15 - Scarborough City Centre)
The Corporate Services Committee reports having recommended to the Budget Committee, and Council, the
adoption of the confidential report (February 8, 1999) from the Commissioner of Corporate Services respecting the
acquisition of Ontario Hydro Corridor lands.
Respectfully submitted,
DICK O'BRIEN
Chair
Toronto, February 15, 1999
(Report No. 2 of The Corporate Services Committee, including additions thereto, was adopted, as amended, by City
Council on March 2, 3 and 4, 1999.)
