August 27, 1998

To:Toronto Community Council

From:H.W.O. Doyle, City Solicitor

Wanda Liczyk,Chief Financial Officer & Treasurer

Michael Garrett, Chief Administrative Officer

Subject:Grant-243 Coxwell Avenue-Royal Canadian Legion

Purpose:

To advise Council of the current status of the grant approved by the Council of the former City of Toronto at its meeting held on September 22 and 23, 1997 and to seek instructions in respect of the proposed amendment of the grant agreement, the terms of which were authorized by the Council at its meeting held on October 6 and 7, 1997.

Funding Sources, Financial Implications and Impact Statement:

At its meeting held on September 22 and 23, 1997 the Council of the former City of Toronto authorized a grant in the amount of $10,000.00 to the Royal Canadian Legion (Baron Byng Memorial Hall Corporation) hereafter referred to as ("the Legion") to allow for the drainage repairs and repavement of the parking lot at 243 Coxwell Avenue. Although a grant agreement was executed by the former City of Toronto and the Legion the grant has not been disbursed. No source of funds for the grant was identified by the Council of the former City of Toronto. If the grant is to be disbursed at this time funds will be required to be provided.

Recommendations:

That Council decide whether or not to authorize the amendment of the grant agreement made as of the 7th of October, 1997 to delete the requirements that:

1)the parking lot will be available for use by all members of the public, not just seniors and legion members, and;

2)the parking lot be signed in such a way that members of the public will know that it is available for public use.

Council Reference/Background/History:

The Council of the former City of Toronto at its meeting held on September 22 and 23,1997 by its adoption, as amended, of Clause 58 of Executive Committee Report No.21 authorized a grant of $10,000.00 to the Legion to allow for the drainage repairs and repavement of the parking lot at 243 Coxwell Avenue on condition that the parking lot be open to the public, that a grant agreement be entered into with the Legion and that the terms of the grant agreement be considered at the Council meeting of October 6,1997. Release of grant funds was subject to the completion of a Declaration Form regarding the adoption of the then City of Toronto's Non-Discrimination Policy.

By the adoption of communication 49 as set out in Minute Number 24.95 the Council of the former City of Toronto, at its meeting held on October 6 and 7, 1997, approved the terms and conditions of the grant agreement which included, among others, that the parking lot be available for use by all members of the public, not just seniors and legion members and that the lot be signed in such a way that members of the public know that it is available for public use, and that no fee be charged for parking on the lot. The grant agreement also provides that the grant funds would not be disbursed until execution of the agreement by both parties and the grantee's compliance with the Service Equity Program of the City. (i.e. execution of the Declaration Form regarding Non-Discrimination Policy).

The grant agreement was executed by both parties. However the Legion did not execute and return the Declaration of Non-Discrimination Policy form which was forwarded to it by letter dated December 23, 1997. As stated above the execution and return of that form was a precondition to the release of the grant funds. However I should advise that on August 25, 1998 I was provided with a copy of a report from the then Commissioner of Corporate Services, dated September 16, 1997, which was submitted to Council as a communication item at its meeting of October 6 and 7, 1997. The report listed organizations which had adopted the former City of Toronto's Non-Discrimination Policy and had filed a Declaration Form to that effect. Royal Canadian Legion (Coxwell) is on the list attached to the report.

I am advised that the Accounting Services division of the Finance Department has no record of the grant having been disbursed.

Comments and/or Discussion and/or Justification:

Councillor Jakobek has received correspondence dated July 22, 1998 from the President of the Legion outlining the Legion's concerns with respect to the conditions of the grant in particular those conditions that require that the parking lot be open to the public and signed in such a way that members of the public know that the parking lot is available for public use. Councillor Jakobek has requested that I report on the matter.

The Legion in its correspondence to Councillor Jakobek advises that its evening rentals are affected due to the use of its parking lot by others. In particular it advises that the parking lot behind the stores on Coxwell Avenue now charges for parking, the customers of a bingo hall on Coxwell Avenue have been told that the Legion parking lot is public, and that the landlord of an adjacent building has advised its tenants that they have parking on the Legion lot. It also advises that the three handicap spaces on the lot are being abused by the public and that handicapped veterans are being forced to walk a considerable distance to the building entrance.

As I understand the Legion's correspondence it is requesting relief from the provisions of the grant agreement which require it to provide public parking and to provide signage that indicates that the lot is available for public use.

Conclusions:

If so advised Council could authorize the amendment of the grant agreement made as of the 7th day of October, 1997 to delete the requirements that the lot be available for use by all members of the public, not just seniors and legion members and that the lot be signed in such a way that members of the public know that it is available for public use.

Contact Name:

Dolores M. Morrell

Legal Services

392-7234

_________________________________________________________

H.W.O. DoyleWanda Liczyk

City SolicitorChief Financial Officer & Treasurer

Legal Services

________________________

Michael Garrett

Chief Administrative Officer

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