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Home My WebLink AboutLEG 01-25Report to Council Report Number: LEG 01-25 Date: January 27, 2025 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Expropriation of lands required for the construction of a new Fire Station at 1521 Bayly Street, Pickering -File: L-4610-002-24 Recommendation: 1.That City Council, as approving authority under the Expropriations Act (the “Act”), hereby approves the expropriation of lands (the “Property”) municipally known as 1521 Bayly Street, Pickering and legally described as PCL BF 3-20-17, SEC Pickering, PT LT 20, Range 3, Broken Front Concession in the Town of Pickering, in the Regional Municipality of Durham, PT 2, 40R8748; Together with an Easement over Part Lot 20 Range 3 Broken Front Concession Part 3 Plan 40R8748 as in LT338352; City of Pickering, deposited in the Land Registry Office on January 18, 2022, and further grants a Certificate of Approval in respect thereof; 2.That the Expropriation By-law (Attachment 1) for the Property be enacted; 3.That the total cost of the expropriation as determined by the Act and as detailed in the Confidential Memo to Council dated January 27, 2025 be approved, and that the Director Finance & Treasurer be authorized to fund such costs by a transfer from the Casino Reserve; 4.That City Council, as approving authority under the Act, hereby authorizes all steps necessary to obtain title to the Property in accordance with the Act, including, but not limited to, the preparation, registration and service of plans and forms; 5.That the Mayor and City Clerk are hereby granted the authority to sign any forms or plans as may be required under the Act to give effect to Recommendation 3; and, 6.That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Executive Summary: The purpose of this report is to proceed with the expropriation of the Property for the purpose of constructing a new fire station to replace the existing, aging Fire Station No. 5 located at 1618 Bayly Street. Enactment of the attached Expropriation By- law and registration of an expropriation plan are required to expropriate the Property. If Council adopts the above recommendations, the City is committed to acquiring the Property. The total cost of acquiring the Property is then determined by the expropriation process. -01:Jof- Pl(KERJNG LEG 01-25 January 27, 2025 Subject: Expropriation of lands required for the construction of a new Fire Station at 1521 Bayly Street, Pickering Page 2 Pursuant to Report LEG 02-24 dated June 24, 2024, Council authorized the service and publication of a Notice of Application for Approval to Expropriate the Property (Resolution #544/24). That notice was served, and no person having an interest in the Property responded. As a result, it is now possible to proceed with an expropriation plan, take title to the property and begin the determination of the compensation due from the City. Relationship to the Pickering Strategic Plan: The recommendation in this report responds to the Pickering Strategic Plan Priority of Advocate for an Inclusive, Welcoming, Safe & Healthy Community. Financial Implications: The financial implications of this report will be considered by Council In Camera, and are set out in a Confidential Memo from the Director, Corporate Services & City Solicitor dated January 27, 2025. Discussion: The purpose of this report is to seek approval for City staff to proceed with the next steps in the expropriation of the Property municipally known as 1521 Bayly Street, Pickering for a new fire station. The Reference Plan for the Property is set out in Attachment 2. A newly constructed fire station on the property will better serve the area, and is a more fiscally sound decision than rebuilding on the existing site. On June 24, 2024, through Resolution #544/24 City Council adopted the recommendations in Report LEG 02-24 (Attachment 3) and granted authority to staff to serve and publish Notices of Application for Approval to Expropriate the Property and to forward to the Ontario Land Tribunal any requests for hearings received. These notices have been served and published according to the Act. The required 30 day notice period has expired and no requests have been made for a hearing of necessity on this proposed expropriation. The expropriation of the Property can now proceed. If Council approves the recommendations in this report, staff will proceed to have an expropriation plan prepared by an Ontario Land Surveyor and registered in the Land Registry Office, thus expropriating the Property. Once the expropriation plan has been registered, the City will become the owner of the Property. The City will then be required to serve a Notice of Expropriation on the former owner and complete an updated appraisal of the value of the Property. Based on the results of the appraisal, the City must then make an Offer of Compensation under s. 25 of the Act. Despite the City owning the Property upon registration of the expropriation plan, possession is not taken until 90 days have passed after the service of the Notices of Expropriation. Typically, property owners accept the compensation without prejudice to their rights to claim additional compensation under the Act. Such claims will then be resolved by means of the mediation and hearing provisions of the Act. LEG 01-25 January 27, 2025 Subject: Expropriation of lands required for the construction of a new Fire Station at 1521 Bayly Street, Pickering Page 3 If City Council gives its approval to expropriate, the attached draft Expropriation By-law (Attachment 1) must be enacted to proceed. Attachments: 1.Draft Expropriation By-law 2. Reference Plan showing the Property 3.Report LEG 02-24 dated June 24, 2024 Approved/Endorsed By: Paul Bigioni Director, Corporate Services & City Solicitor Prepared By: Original Signed By: Adnan Naeem Region of Durham Solicitor, Legal Services Solicitor – City of Pickering AN:ks Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: Original Signed By: The Corporation of the City of Pickering By-law No. XXXX/25 Being a by-law to expropriate all estate, right, title and interest in PCL BF 3-20-17, SEC Pickering, PT LT 20, Range 3, Broken Front Concession in the Town of Pickering, in the Regional Municipality of Durham, PT 2, 40R8748; Together with an Easement over Part Lot 20 Range 3 Broken Front Concession Part 3 Plan 40R8748 as in LT338352; City of Pickering. Whereas the Expropriations Act, R.S.O. 1990, c. E.26 requires an expropriating authority to seek approval from its approving body to expropriate property. Whereas under the Expropriations Act, The Corporation of the City of Pickering is an expropriating body and the approving body is the Council of the City of Pickering. Whereas the approval to expropriate is obtained by the Council of the City of Pickering’s passing of the required expropriation by-law. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.All estate, right, title and interest in the lands described as PCL BF 3-20-17, SEC Pickering, PT LT 20, Range 3, Broken Front Concession in the Town of Pickering, in the Regional Municipality of Durham, PT 2, 40R8748; Together with an Easement over Part Lot 20 Range 3 Broken Front Concession Part 3 Plan 40R8748 as in LT338352; City of Pickering, is hereby expropriated for the purposes of the proposed construction of a Fire Station, and all related construction activities as ancillary to the construction. 2.City staff shall take all steps necessary to comply with the Expropriations Act, or cause those steps to be taken, including, but not limited to, a)the preparation of expropriation plans for the Mayor and the City Clerk to sign; b)the registration of that plan in the land registry office; c)the preparation of forms for the Mayor and the City Clerk to sign; and d)service of those forms following registration of the expropriation plan. 3. The Mayor and City Clerk may sign any forms or plans as may be required under the Expropriations Act to give effect to the expropriation. Attachment 1 to Report LEG 01-25 By-law No. XXXX/25 Page 2 By-law passed this 27th day of January, 2025. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Attachment 2 to Report LEG 01-25 METRIC DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048 "' IIOH) EXAMINER'S APPROVAL APPROVED ~'i..JQ.,...L,j_\£. _ ad::~ ASST. EXAMINER OF SURVEYS NT2°41' 30"E 66.116 PART 3 ARE'A • 0.0504 HA. ?ART ! , PLAN 40R-7'084 Lr);r PART I AREA• 1.5454 HA PARCEL PICKERING a.F. 3~zv ~ i5 SECTION PICKERING !.. .. ,,., "' ~ ~~ -- ,.\ ~ .. ~ ;~~~ ~O UMM Wl~~--"s---- L '-. ~8JE::T TO CASEMEr>T PLAN WR-82~ ::-.i ?AnCEL aF. 3-20-2 PART ! PARCEL B.F 3-20-2 -1 -~---1- (lITU X 46 I REQUIRE THIS PLAN TO BE DEPOSITED UNDER THE LANO TITLES ACT PLAN 40R-2748 RECEIVED ANO DEPOSITED ,19B5 CAUTION: n-us PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE MEANING OF THE PLANNING ACT. SCHEDULE LOT/ CONCESSION ALL OF PARCEL PICKERING LQT 20, RANGE 3,8RO<EN FRONT 00~. B.F. 3·20·15 SECTION PICKERING PLAN OF SURVEY OF PART OF LOT 20, RANGE 3 BROKEN FRONT CONCESSION TOWN OF PICKERING REGIONAL MUNICIPALITY OF DURHAM (FORMERLY TOWNSHIP OF PICKERING,COUNTY OF ONTARIO) SCALE 1: 1000 R.I. BURTON O.LS. 1985 SURVEYOR'S CERTIFICATE I CERTIFY THAT : I. T HIS SURVEY ANO PLAN ARE CORRECT ANO IN ACCORDANCE WITH THE SURVEYS ACT ANO THE LAND TITLES AND THE REGULATIONS MAJE . :;:-:::::;_ ·----~ ·"" DATF~L ¥ ,19B5 4~ RI RTON ONTAR IO LANO SURVEYOR LEGEND ■ OENOTES SURVEY MONUMENT FOUND I a DENOTES tROIII e AR SIB DENOTES STANDARD IRON BAR C DENOTES SURVEY MONUMENT PLANTED N.l, DENOTES NOT IDENTIFIABLE NOTE BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE SOUTHERLY LIMIT OF PART I, A CCORDING TO PLAN 40R -70B4 HAVING A BEARING OF N72°4 1° JOME MILLESSE a BURTON SURVEYING LIMITED ONTARIO LAND SURVEYORS 68 SHEPPARD AVE. WEST -WILLOWDALE 222-849B l[f •I BN84-27 0 10 12 Report to Council Report Number: LEG 02-24 Date: June 24, 2024 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Expropriation of Lands Required for a New Fire Station -1521 Bayly Street, Pickering -File: L-4610-002-24 Recommendation: 1.That authority be granted to City of Pickering staff to initiate expropriation proceedings for the acquisition of the property municipally known as 1521 Bayly Street, Pickering as depicted in Attachment 1 for the purposes of building a new Fire Station; 2.That authority be granted to City of Pickering staff to serve and publish Notices of Application for Approval to Expropriate the said property, and to forward to the Ontario Land Tribunal any requests for hearing received, to attend the hearings to present the City of Pickering’s position, and to present the Ontario Land Tribunal’s recommendations to City Council for consideration; 3. That authority be granted to the City Clerk and the Mayor to execute such notices and forms as may be statutorily mandated by the Expropriations Act, R.S.O. 1990, c. E.26 to give effect to Recommendation 2 in this report, including the Notices of Application of Approval to Expropriate; and 4.That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Executive Summary: The purpose of this report is to obtain approval to expropriate the property municipally known as 1521 Bayly Street, Pickering (the “Property”) for a new Fire Station. Approval of the Recommendations in this report will enable staff to commence the expropriation process, with a subsequent report to Council to be presented before finalization of the expropriation by registration of a Plan of Expropriation. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advocate for an Inclusive, Welcoming, Safe & Healthy Community. Attachment 3 to Report LEG 01-25 -~of- Pl(KERJNG LEG 02-24 June 24, 2024 Subject: Expropriation of Lands Required for a New Fire Station Page 2 Financial Implications: Under the Expropriations Act R.S.O. 1990, c. E.26, the City is obligated to determine the fair market value of the Property. Fair market value is determined by the completion of an Appraisal Report in accordance with AACI (Accredited Appraiser Canadian Institute) certified standards. The City of Pickering has completed an initial appraisal for the required property. Discussion: The purpose of this report is to obtain approval to expropriate the property municipally known as 1521 Bayly Street, Pickering (the “Property”) for a new Fire Station. Fire Station 5 is located at 1616 Bayly Street, and was originally constructed in 1969. It served as one of two fire halls in the old Town of Pickering. It has undergone several renovations and additions over the years and is now at the end of its life due to structural issues. Operations Department staff have determined that the City cannot build a new Fire Station on the existing site while keeping the existing Station in operation. Operations staff also considered another approach of setting up a temporary Fire Station in a nearby location while demolishing the existing Station and rebuilding on the same site. It has been determined that this approach would be prohibitively costly. An exhaustive search for a new location was conducted by the Fire Services and Economic Development Departments. There are few options available for a new location within Station 5’s response area. Ultimately, City staff identified the Property at 1521 Bayly Street as an ideal new location for Fire Station 5. The Property consists of 0.83 acres of employment land at the southeast corner of Bayly Street and Sandy Beach Road, as shown on Attachment 1 to this report. The Property, which is currently vacant, is located approximately 400 meters from the existing location of Fire Station 5. The City of Pickering has commissioned an appraisal report to determine the fair market value of the Property. Efforts to negotiate the terms of an amicable purchase from the landowner have failed. Because an agreement could not be reached with the Property owner, the City needs to expropriate the Property, so that design and construction of the new Fire Station can begin. City staff will continue to negotiate with the landowner for the voluntary purchase of the site even after the commencement of expropriation proceedings. Should Council approve the Recommendations in this report, City staff will proceed with service of a Notice of Application for Approval to Expropriate, and will seek further authority from Council (in a subsequent report) to complete the expropriation by enacting an Expropriation By-law and Registering a Plan of Expropriation. Upon registration of a Plan of Expropriation, the City will become the owner of the Property. Attachment: 1. Location Map of 1521 Bayly Street LEG 02-24 June 24, 2024 Subject: Expropriation of Lands Required for a New Fire Station Page 3 Prepared/Approved/Endorsed By: Paul Bigioni Director, Corporate Services & City Solicitor PB:ks Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Attachment 1 to Report LEG 02-24 1521 Bayly Street Pickerirg, Ontario