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2 Exchange of Interests in Land Portions of the Keele Valley Landfill

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2 Exchange of Interests in Land Portions of the Keele Valley Landfill CITY CLERK Clause embodied in Report No. 17 of the Administration Committee, as adopted by the Council of the City of Toronto at its meeting held on December 4, 5 and 6, 2001. 2 Exchange of Interests in Land Portions of the Keele Valley Landfill Site (Vaughan) (City Council on December 4, 5 and 6, 2001, amended this Clause by adding thereto the following: “It is further recommended that the joint report dated November 29, 2001, from the Commissioner of Corporate Services and the Commissioner of Works and Emergency Services, embodying the following recommendations, be adopted: ‘It is recommended that: (1) authority be granted for the City to enter into an agreement with York Major Holdings Inc. (“York Major”) to effect an exchange of interests in land at the Keele Valley Landfill site on the terms outlined in the body of this report; (2) the City Solicitor be authorized to complete the transaction on behalf of the City, including payment of any necessary expenses; (3) Recommendation No. (2)(b)(i) of Clause No. 2 of Joint Policy and Finance and Works Committee Report No. 2, as adopted by Council at its meeting held on August 1, 2, 3 and 4, 2000, be amended to require the City of Vaughan to first enact a temporary Zoning By-law to permit composting at the Avondale Facility to continue until December 31, 2003, instead of until May 31, 2004; and (4) the appropriate City officials be authorized and directed to take necessary action to give effect thereto.’ ”) (City Council on November 6, 7 and 8, 2001, deferred consideration of this Clause to the next regular meeting of City Council scheduled to be held on December 4, 2001.) Toronto City Council 2 Administration Committee December 4, 5 and 6, 2001 Report No. 17, Clause No. 2 (Clause No. 9 of Report No. 16 of The Administration Committee, entitled “Exchange of Interests in Land Portions of the Keele Valley Landfill Site (Vaughan)”.) The Administration Committee: (1) reports having concurred with the recommendations embodied in the joint report (October 11, 2001) from the Commissioner of Corporate Services and the Commissioner of Works and Emergency Services; and (2) recommends that the appropriate City officials be requested to enter into discussions with City of Vaughan staff respecting the Keele Valley Site as outlined in the communication (October 15, 2001) from the Deputy City Manager, City of Vaughan, and report thereon to the Administration Committee within 60 days. The Administration Committee submits the following joint report (October 11, 2001) from the Commissioner of Corporate Services and the Commissioner of Works and Emergency Services: Purpose: The purpose of this report is to obtain authority to report directly to Council at its meeting of November 6, 7 and 8, 2001, on the outcome of the negotiations with York Major Holdings ("York Major") relating to an exchange of interests in land forming a portion of the Keele Valley Landfill site. Financial Implications and Impact Statement: Not applicable at this time. Recommendations: It is recommended that: (1) authority be granted to continue negotiations with York Major relating to an exchange of interests in land at the Keele Valley Landfill site and report on the outcome of the negotiations directly to Council at its meeting of November 6, 7 and 8, 2001; and (2) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto. Background: On August 1, 2, 3 and 4, 2000, City Council adopted Clause No. 2 of Joint Report No. 2 of The Policy and Finance Committee and the Works Committee, entitled “Compliance Boundary at the Keele Valley Landfill Site”, and thereby authorized the Commissioner of Works and Emergency Services to apply to the Ministry of the Environment (“MOE”) to move the compliance boundary Toronto City Council 3 Administration Committee December 4, 5 and 6, 2001 Report No. 17, Clause No. 2 of the Keele Valley landfill site from the edge of the secondary buffer lands south of the City-owned lands northwards to the south end of a modified primary buffer, upon completion of landfilling operations at the Keele Valley landfill site, subject to a number of conditions, including the condition that York Major, the owner of the secondary buffer lands, conveys the necessary lands to the City. Further, on January 30, 31 and February 1, 2001, City Council adopted Clause No. 6 of Report No. 1 of The Works Committee and thereby authorized the Commissioner of Works to apply to the MOE to amend the leachate re-circulation program upon completion of landfilling operations at the Keele Valley landfill site, such application be made concurrent with the application to alter the compliance boundary, and to engage the current Keele Valley engineering consultants to prepare the applications and supporting documentation for submission. York Major is proposing to construct a golf course on its undeveloped secondary buffer lands. This will compliment the City of Vaughan’s Maple Valley Plan which promotes the development of lands in and around the Keele Valley landfill site for recreational use. In order to fully develop its proposed golf course, York Major requires additional lands which are currently owned by the City. Accordingly, York Major has expressed interest in entering into a land exchange agreement with the City whereby York Major would acquire the Buffer Lands and the City would acquire the portion of York Major’s lands required by the City to move the compliance boundary of the Keele Valley landfill site. In order to proceed with these matters, City Council at its meeting of July 24, 25 and 26, 2001, adopted Clause No. 18 of Report No. 11 of The Administration Committee declaring a portion of the buffer lands of the Keele Valley Landfill Site surplus to City requirements Comments: City staff and York Major have commenced negotiations relating to a land exchange transaction. Staff of Works and Emergency Services Department is making application to the Ministry of the Environment in early December to both move the compliance boundary of the Keele Valley landfill site and amend the leachate re-circulation program. The Ministry of the Environment requires that a public meeting be held in advance thereof and to this end a meeting is scheduled to be held on November 27 2001. Staff of Works and Emergency Services consider City Council approval to an agreement in principle with York Major for an exchange of interests in land to permit the golf course proposal to proceed would result in the application being favourably regarded by the City of Vaughan and its residents and it is therefore considered necessary to report to the November 6, 7 and 8, 2001 meeting of Council on the land exchange provided agreement in principle is achieved in the next couple of weeks. It is anticipated agreement in principle will be reached in the next couple of weeks and, accordingly, this report recommends that the Commissioners of Corporate Services and Works and Emergency Services be authorized to report directly to Council on this matter. Toronto City Council 4 Administration Committee December 4, 5 and 6, 2001 Report No. 17, Clause No. 2 Conclusions: In view of the urgency to enter into an agreement in principle with York Major for an exchange of interests in land at the Keele Valley Landfill site, it is appropriate that the Commissioner of Corporate Services and the Commissioner of Works and Emergency Services be directed to report directly to Council on the terms and conditions of the exchange. Contacts: Name: Luba Tymkewycz Name: Steve Whitter Position: Manager, Portfolio Position: Director, Transfer, Processing Management and Disposal Operations Telephone: (416) 392-7207 Telephone: (416) 392-4687 Fax: (416) 392-1880 Fax: (416) 392-4754 E-Mail: [email protected] E-mail: [email protected] The Administration Committee also submits the following communication (October 16, 2001) from Councillor Betty Disero, Ward 17 - Davenport: I just want to let Members know that I support getting a report to Council from staff, with respect to finalizing the decision on this matter. Second of all, with respect to “Item No. 24(a)” from Ms. Theresa A. Caron, Deputy City Manager and City Solicitor of the City of Vaughan, I would ask that your Committee request staff to enter into discussions and report back on a status within 60 days to the Administration Committee. Thank you. (Communication (October 15, 2001) from the Ms. Theresa A. Caron, Deputy City Manager and City Solicitor, referred to in the foregoing communication from Councillor Disero) We wish to thank you for the opportunity last Friday for City of Vaughan representatives, Councillor Mario Ferri, City Manager Scott Somerville and myself to discuss with you, issues respecting the closure of Keele Valley Landfill and Vaughan’s desire to initiate negotiations for acquisition by the City of Vaughan of the Avondale Compost Operations Site. Further to that meeting, this letter outlines the various factors and mechanisms that may be available for consideration in the finalizing terms for Vaughan’s acquisition of the Avondale lands. Both the City of Vaughan and the City of Toronto have corporate objectives respecting the Keele Valley site and surrounding lands. It is Vaughan’s intention that through a combination of land valuation considerations and acquisition options, the objectives of both municipalities will be achieved. Toronto City Council 5 Administration Committee December 4, 5 and 6, 2001 Report No. 17, Clause No. 2 Vaughan proposes that City of Toronto staff enter into discussions and negotiations with the City of Vaughan staff to explore alternatives and initiatives that will result in favourable and mutually acceptable terms of acquisition.
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