11/21/2017 Legal Services Land Management.

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Presentation transcript:

11/21/2017 Legal Services Land Management

Who is the Division? The division consists of: 11/21/2017 Who is the Division? City Solicitor Land Management Co-ordinator Administrative Assistant The division consists of: 1 Land Management Co-ordinator 1 Administrative Assistant The primary role of the Land Management Division is to administer: the acquisition and disposition of land, expropriations, easements, rights-of-way, First Nation notifications, encroachments, stop up and closure of road allowances and the sale of road allowances and shoreline road allowances for the Corporation of the City of Kawartha Lakes

11/21/2017 What are we doing now? Acquisition and Disposition of Capital Land Assets Expropriation Easements, Rights of Way, Encroachments Lease and License Title and Corporate Searches Interpretation of Registry Documents Duty to Consult First Nations Road and Property Ownership and Applicable Law Registration of Bylaws Agreement Review Asset Management Oversee Third Party Resources, i.e. External Legal Counsel, Surveyors, Appraisers, Realtor

Current Structure Land Management Co-ordinator External Legal Counsel 11/21/2017 Current Structure Land Management Co-ordinator External Legal Counsel Real Estate Agent Surveyors Appraisers Administrative Assistant

What is the Size of the Portfolio Managed? 757 CKL Properties 179 Buildings 58 square km Real Property* *excludes all roads

2015 Land Management Work Plan 37%

2015 Inquiries/Transactions 2015 Inquiries/Transactions Total = 525

Impact of Large Projects on Work Plan

Department Time Allocation

Positions Within the Division Land Management Co-ordinator/Real Property Manager : Certification with the Appraisal Institute of Canada Certification with the International Right of Way Association Highest and Best use of Property Management Estimates of Fair Market Value Real Estate Law Appraisal Review Expropriation and Expropriation Act Valuation of easements, partial takings, road widenings Negotiation Development of Policy and By-laws Environmental Remediation Valuation Asset/Real Property Management Road and Real Property Ownership/Title Issues

Positions Within the Division Real Property Manager Portfolio Management Policy Development

Positions Within the Division Real Property Clerk Legal Administration/Law Clerk Diploma Experienced in the concepts, legislation and procedures involved in real estate law, conducting and interpreting title searches, preparing and interpreting legal documents

How CKL’s Comparators are Administering the Program Municipality # of Staff with Property Duties Position Title Municipal Land Size Population Barrie (single tier) 5.0 1 Manager Real Estate 2 Real Property Officers 2 Law Clerks 77.39 sq. kms 143,634 (2014) Brantford 2.0 1 Real Estate Manager 1 Law Clerk 266.34 sq. kms 96,689 (2014) Burlington (lower tier) 3.0 1 Manager 1 Clerk 1 Paralegal + contract bigger jobs out 185.66 sq. kms 187,497 (2014) Cambridge 9.0 1 Director 1 Property Officer 1 Administrative Assistant 1 Manager, Corporate Property 2 Corporate Property Support Staff 1 Market Manager 1 Market Support Staff 1 Facility Assistant 113 sq, kms 133,800 (2014) Durham (upper tier) 8.0 1 Manager Admin Services & Real Estate 3 Real Property Negotiators 1 Real Property Lease Co-ordinator 1 Real Property Technician 1 Real Property Technician Assistant 2,523.62 sq. kms 653,600 (2014) Halton 7.0 1 Manager 1 Administrative Assistant 2 Senior Realty Officers 2 Realty Service Assistants 1 Leasing Specialist 964.01 sq. kms 518,311 (2013 est.) Guelph 1 Manager Realty Services 1 Realty Associate 1 Realty Coordinator/Law Clerk 87.2 sq. kms 128,000 (2015) Kawartha Lakes 1 Land Management Coordinator 3,083.06 sq. kms 102,902* *mid-2015 forecast incl seasonal population Kingston 1 Manager Real Estate and Land Development 1 Property Specialist 451.17 sq. kms 169,606 Peterborough, City of 1.0 63.8 sq. kms 74,600 St. Catharines 3 + 1 Property Assistant 96.11 sq. kms   136,665

11/21/2017 Options Administer the program mostly in house but with additional staffing levels Continue to administer the program mostly in house with current staffing levels Externalize the entire process

External Legal Counsel Option 1 - Description Real Property Manager External Legal Counsel Real Estate Agent Surveyors Appraisers Real Property Clerk Student

Option 1 - Benefits Able to administer the full program, including property disposition to target of $640,000/ annum Projected increased revenue for 5 years Work done to a shorter turnaround time, in line with Council initiative to improve customer service to external stakeholders.

Option 1 – Risks & Costs Approximately $110,000 in salary and benefits per annum.

Option 2 - Description Land Management Co-ordinator External Legal Counsel Real Estate Agent Surveyors Appraisers Administrative Assistant

Option 2 - Benefits Cost avoidance of approximately $110,000 per annum However, note that it is estimated that, for the first 5 years, increased revenues will exceed costs by $200,000

Option 2 – Risks & Costs Continued delay in turnaround time experienced by public and internal stakeholders Unable to administer the full and enhanced program (property disposition; leases & licenses; core service; initiatives management) Reduced revenue (projected for 5 years)

Option 3 – Description, Benefits, Risks & Costs Options exist in the market to fully externalize the Division’s activities, however, they are not as cost efficient as using internal staff, there is a loss of control over the timing and prioritization of the work, and there is no wealth of internal knowledge that is maintained.

Conclusion Recommend increased staffing in the Land Management Division, to implement Council initiatives of right sizing the real property assets of the municipality and improving customer service Recommend rebranding to Real Property Division