Process for Disposal of City Property

(City Council on October 1 and 2, 1998, deferred this Clause until its next regular meeting to be held on October 28, 1998.)

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(Clause 1 of Report No. 9 of the North York Community Council)

The North York Community Council recommends that:

(1)the "Processes for Declaring Properties Surplus" outlined in the following report (August 18, 1998), from the Commissioner of Corporate Services, be approved subject to Section (4)(a)(ii), being amended to read as follows:

"recommendations made by Property Management Committee for allocation, including resolution of conflicting interests, be forwarded to the appropriate Community Council for consideration and recommendation to the appropriate Standing Committee, and recommendation to City Council";

(2)real estate matters under $500,000.00 that are deemed by a Ward Councillor to be of special interest, be considered by the Corporate Services Committee and City Council at that Councillor's request;

(3)real estate matters under $500,000.00, of local significance, be considered by the Community Council and City Council at a Councillor's request;

(4)matters related to the potential sale of any property be reported to the respective Community Council for comment before being considered by the Corporate Services Committee; and

(5)the Council Procedure By-law be amended accordingly.

The North York Community Council submits the following report (August 18, 1998) from the Commissioner of Corporate Services:

Purpose:

To provide all Community Councils with information as to the process for disposal of City Property as requested by the Budget Committee.

Source of Funds:

Not applicable.

Recommendation:

It is recommended that this report be received for information.

Council Reference/Background/History:

The Budget Committee at its meeting of May 26, 1998 requested that the Chief Administrative Officer ensure that Community Councils are informed of the process with respect to the disposal of property.

Comments and/or Discussion and/or Justification:

The process approved by City Council at its meeting of July 29, 30 and 31, 1998, in considering the report from the Commissioner of Corporate Services, Acquisition and Disposal of Real Property dated May 11, 1998, is as set out below.

PROCESSES FOR DECLARING PROPERTIES SURPLUS

(1)notice be provided to the Executive Director of Facilities and Real Estate of a potentially surplus property, such as by means of:

(a)corporate asset reviews such as space rationalization;

(b)department reorganization, reduction in staffing or program change; and

(c)a new tax sale property.

(2)a review to be undertaken by the Facilities and Real Estate Division and respective councillors, consulting with other departments to determine applicable considerations, including the following:

(a)any utilities on the lands;

(b)development potential;

(c)economic development potentials;

(d)environmental issues;

(e)other potential cost and budget considerations, such as capital budget impacts; and

(f)achieving social objectives.

(3)a circulation to be undertaken to determine interest in potentially surplus properties:

(a)circulation by the Facilities and Real Estate Division to other divisions, departments and ABC's to determine any interest in the property to meet their needs;

(b)circulation to the Council Strategy Committee for Persons without Homes, and other such interests as Council may determine, from time to time; and that

(c)use by a non profit organization that supports a municipal purpose be considered as a potentially appropriate use at this time before the property is officially declared surplus.

(4)reports are prepared and submitted under the following categories, with recommendations regarding determination, as appropriate:

(a)allocation to a department expressing the interest:

(i)report is submitted by the Executive Director to Property Management Committee on submissions of interest, with information as to the expressed interests;

(ii)decision is made by Property Management Committee for allocation, including resolution of conflicting interests; and

(iii)if no resolution by Property Management Committee, the decision is made by the CAO.

(b)allocation if interest expressed under 3 (b) above (organization supporting a municipal program):

(i)report is submitted by the Executive Director of Facilities and Real Estate to the Property Management Committee on the proposed use; and

(ii)report is submitted by the Commissioner of Corporate Services to the Corporate Services Committee, on the recommendation of the Property Management Committee, recommending that the property be declared surplus and that the property be allocated to the organization requesting it.

(c)disposal of a significant property where no public use identified:

(i)report is submitted by the Executive Director of Facilities and Real Estate to the Property Management Committee on large, high profile properties; and

(ii)report is submitted by the Commissioner of Corporate Services to the Corporate Services Committee, on the recommendations of the Property Management Committee, to recommend that the property be declared surplus and be sold.

(d)disposal of other property where no public use identified:

(i)report is submitted by the Commissioner of Corporate Services to the Corporate Services Committee, on the recommendation of the Property Management Committee, to recommend that the property be declared surplus and be sold.

(e)disposal of non viable sites where no public use identified:

(i)report is submitted by the Commissioner of Corporate Services to the Corporate Services Committee, on the recommendation of the Property Management Committee, recommending that the property be declared surplus and sold to the abutting owner; and

(ii)if the owner is not interested, property is to be retained in the inventory for future consideration.

(f)retention for potential longer term need by the City:

(i)report is submitted by the Executive Director of Facilities and Real Estate to the Property Management Committee regarding the long term and interim use for the property, such as leasing; and

(ii)report is submitted by the Commissioner of Corporate Services to the Corporate Services Committee, on the recommendation of the Property Management Committee, if required, such as for a major corporate initiative.

(5)staff of the Facilities and Real Estate Division provide the ward councillor with:

(a)notification of all real estate requests in the ward and keep the councillor informed of all ongoing negotiations;

(b)information regarding details prior to the final conclusion of any transactions and before any reports are signed or the matter is considered by the Corporate Services Committee/Council; and

(c)a copy of the signed report that will be on the agenda of the Corporate Services Committee.

Contact Name:

Roly Mayr, AACI, Director, Real Estate Services, (416) 396-4930, fax (416) 396-4241, e-mail address: mayr@city.scarborough.on.ca

nyc98144

The North York Community Council also submits the following communication (June 8, 1998) from the City Clerk:

City Council, at its meeting held on June 3, 4 and 5, 1998, had before it Clause No. 28 of Report No. 7 of the Corporate Services Committee, headed "Proposed Sale of Lot 198 - Woburn Avenue Registered Plan M-108 (Ward 9 - North York Centre South)".

Council directed that the aforementioned Clause be struck out and referred back to the North York Community Council for further consideration.

In addition, Council adopted the following recommendations:

"It is recommended that:

(1)Ward Councillors be notified of all real estate related requests in their Wards and be kept informed of all ongoing negotiations;

(2)Ward Councillors be advised of the details prior to the final conclusion of any transactions and before any reports are signed or the matter is considered by the Corporate Services Committee/Council; and

(3)the following motion be referred to the next meeting of the Corporate Services Committee to be held on June 22, 1998, for consideration with the report from the Commissioner of Corporate Services on the processing of real estate transactions:

Moved by Councillor Flint:

'It is recommended that:

(a)real estate matters under $500,000.00, that are deemed by a Ward Councillor to be of special interest, be considered by the Corporate Services Committee and City Council at that Councillor's request;

(b)real estate matters under $500,000.00, of local significance, be considered by the Community Council and City Council at a Councillor's request;

(c)matters related to the potential sale of any property be reported to the respective Community Council for comment before being considered by the Corporate Services Committee; and

(d)the Council Procedure By-law be amended accordingly.'"

A recorded vote on the adoption of Recommendation No. 1 moved by Councillor Shiner, and Recommendations Nos. 2, 3, 4 and 5 moved by Councillor Flint, was as follows:

FOR:Councillors Mammoliti, Moscoe, Feldman, Berger, Flint, Gardner, Filion, Shiner, King

AGAINST:NIL

ABSENT:Sgro, Li Preti, Augimeri, Chong, Minnan-Wong

Carried