Former Porter Landfill Site

Site Risk Assessment - Request for Authority

to Enter into License Agreements

(Ward 27 - York Humber)

 The Corporate Services Committee recommends the adoption of the following report (June 5, 1998) from the Commissioner of Corporate Services:

 Purpose:

 To authorize temporary license agreements with various property owners in the vicinity of the former Porter Landfill Site for the purposes of surveying, drilling and installation of monitoring wells.

 Funding Sources, Financial Implications and Impact Statement:

 Funding for these acquisitions is available in Works Account No. CSW605R20219.

 Recommendations:

 It is recommended that:

 (1)authority be granted to enter into temporary license agreements, in advance of completion of permanent easement acquisitions from the registered owner(s) or other person(s) legally entitled to deal with or convey the property rights, on terms and conditions satisfactory to the Commissioner of Corporate Services and in a form acceptable to the City Solicitor; and

 (2)the appropriate City officials be authorized and directed to take the necessary actions to give effect thereto.

 Council Reference/Background/History:

 By adoption of Clause No. 7 of Report No. 15 of The Environment and Public Space Committee on September 27 and 28, 1995, the former Metro Council authorized further expenditures for Project No. 600, the Perpetual Care of "Landfill Sites", including a risk assessment report for the Porter Landfill site. This requires that the City enter and drill and possibly acquire easements and access routes for future monitoring purposes on the following properties; 18, 28, 44, and 50 Avon Avenue and 82, 86 and 92 Cayuga Avenue.

 Comments and/or Discussion and/or Justification:

 As monitoring is scheduled to begin as soon as possible, the use and occupation of certain affected properties will be required as soon as possible. Negotiations are being conducted with the various affected owners to enter and drill and possibly acquire easements and access routes for future monitoring purposes but final agreement has not yet been reached with respect to the purchase of these interests.

Accordingly, it is recommended that authority be granted to enter into temporary license agreements permitting the City and its contractor to enter on and occupy the required lands for the purposes of surveying, drilling and installation of monitoring wells on terms and conditions satisfactory to the Commissioner of Corporate Services and in a form satisfactory to the City Solicitor prior to the completion of the acquisition of the permanent easements.

 Conclusions:

 In my opinion, the above-noted actions are reasonable in order to permit the required work to proceed in a timely fashion. The details of the permanent easement acquisitions will be the subject of future reports to your Committee and Council.

 Contact Name:

 Mr. Victor Austin, Manager of Real Estate (416)392-8164 Fax No.: (416)392-4828 E-Mail Address: vaustin@city.toronto.on.ca

 (A copy the location map attached to the foregoing report was forwarded to all Members of Council with the June 22, 1998, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)