Job Specification

Purpose of Position :

To plan, manage and co-ordinate the delivery of professional services relative to appraisal, negotiation, property sales, leasing and interim management or provide these services directly on behalf of the ministry.

Duties / Responsibilities :

1. Recommending consultants and/or appropriate procurement methods, identifying needs and compiling requests for proposals, quotations, and tender packages, preparing contracts and terms of reference, monitoring the consultants(s)/contractor(s) by providing documented regular communication of performance, reviewing consultant's deliverables for adherence to specifications, recommending the acceptance of deliverables, payments of invoices, and completing a report on the consultant's performance.

2. Negotiating with property owners, and/or their professional/legal representative(s) for the compensation appropriate to the acquisition of various property rights required for highway (re) construction, transportation purposes and related claims such as crop damage, injurious affection, business loss, lessees' interests, and ensuring owners are afforded their rights as provided for under the Expropriations Act.

3. Preparing in-depth narrative appraisals and other reports by analysing real estate activities to formulate conclusions as to the market value of property rights being acquired (including partial takings), leased or sold by the ministry; providing cost estimates and property impact studies of highway (re) construction and route selection estimating compensation for property related claims such as crop damage, injurious affection, business loss claims resulting from ministry construction activities.

4. Presenting before mediation panels such as Board of Negotiation and responding to questions and providing information regarding the issues being mediated and while attending public forums such as Public Information Centres.

5. Performing duties such as field investigation , obtaining disposal approvals, and reviewing relevant information in order to provide recommendations regarding disposal methods, opportunities for former owner to repurchase and reserve price prior to their conducting the public auction, tender, or the negotiations required to effect sales and leases with prospective purchasers/tenants.

6. Managing ministry owned properties pending sale or future usage by performing field inspections on a regular basis to address unauthorized use such as encroachments, tree removal, dumping of environmental contaminants or other refuse; preparing reports; determining ands substantiating repairs; arranging for the removal/demolition of buildings and other obstacles from the right of way, hiring contractors, inspecting completed work and recommending contractor payments. Initiating requests for re-considerations and tax appeals.

7. Identifying and assisting in the resolution of contamination issues by inspecting properties, identifying concerns, documenting findings, referring situations to the Environmental Unit for further investigation, and making recommendations regarding risks and solutions regarding the situation, once all the information is known.

Staffing and Licencing :

Valid Ontario Class "G" Driver's License and an acceptable driving record.

Knowledge :

1. Thorough knowledge of Ontario real estate practices, legislation, and government directives, policies and guidelines related to compensation case law and its precedents, contract law, common law, real estate law; revised statutes of Ontario including; the Expropriations Act, and relevant sections of statues such as, but not limited to the Public Transportation and Highway Improvement Act, Planning Act, Environmental Assessment Act, Landlord and Tenant Act, to apply them in outsourced or in-house appraisal, negotiation, expropriation and property sales and management services on behalf of the ministry.

2. Thorough knowledge of property appraisal standards, practices, techniques, and methods (i.e. comparable sales, residual value, income and cost approaches to valuation, before and after methods, and value in contribution techniques) to estimate compensation/value of real estate, as it relates to compensation provisions of the Expropriations Act, and estimate value of viable an non-viable holdings for disposition.

3. Sound knowledge of provincial government and ministry policies, directives, procedures, and regarding consultants/contractor procurement and management sufficient to effectively hire, monitor and evaluate consultants/contractor.

4. sound knowledge of methods used o plot boundaries of land from legal descriptions either manually or electrically with application of computer software packages (e.g. AutoCAD), legal surveys and descriptions, title record drawings, engineering plans and contract drawings to ensure appropriate properties are acquired, leased, and/or sold.

5. Working knowledge of environmental contaminants/concerns sufficient to identify, document and assist in the resolution of contamination issues related to MTO holdings or land to be acquired.

6. Working knowledge of word processing, spreadsheet, and database computer software packages relevant to the position (i.e. Microsoft Office Suite, Lotus Notes, AutoCAD, Internet Explorer, etc). Operating within a Windows environment sufficient to produce letters, memoranda, reports, and enter, retrieve, manipulate and verify data. Job requires knowledge of database systems and linked programs such as Terraview (integrated and automated land information service) and LMDS (MTO's Land Management Data System) to access data to appraise, negotiate and provide property management services.

Skills :

1. Evaluative and investigative skills to collect and analyse data including determining facts and figures regarding operational and economic factors associated with all properties, including unique and special property or business circumstances such as radio towers, fish hatcheries, golf courses, cemeteries required to prepare appraisals, submissions or narrative reports on the value of property being acquired, leased or sold; on a course of action being recommended and/or to provide compensation recommendations on claims such as injurious affection, business loss, and crop damages.

2. Analytical and problem solving skills in order to resolve contentious issues by determining nature and issue of problems and clarifying compensation and mitigating measures for construction related problems proposed are reasonable and justifiable.

3. Interpretive skills to synthesize information and evaluate positions of potentially emotional/hostile property owners during negotiations in order to reach property acquisition settlements and during discussions regarding contentious interim land management and marketing issues.

4. Evaluative and analytical skills to discuss design and construction related difficulties (i.e. changes to entrances, fencing problems, drainage problems) with property owner and communicating with appropriate MTO engineering staff, determine appropriate negotiation tools to achieve a settlement, and to determine suitability of standard clauses, and modify as required, in order to prepare property agreement(s), lease(s), offer(s), to purchase, and section 25 offer(s).

5. Oral communication and interpersonal skills including empathetic listening to explain, discuss, negotiate, and resolve with property owners and/or their professional/legal representative(s), contractors, realtors, other ministry officials, municipal representatives, mediation panels such as Board of Negotiation and the general public including public forums such as Public Information Centres, public auctions, and tenders issues regarding: agreement of purchase and sale and/or agreement of compensation for the acquisition and disposition of various property rights and related claims such as crop damage, injurious affection, business loss, lessees interests and ensuring owners are afforded their rights as provided for under the Expropriations Act since the majority of transactions are of a non-voluntary sales basis and the partial taking of a property. Job requires written communication skills to produce detailed reports regarding discussions with property owners, and/or their professionals/legal representative(s), and presenting analysis of owner's and MTO's position with options, and recommendations for resolution in the form of correspondence, narrative reports, appraisal reports, property purchase/sale/lease agreements, contracts and consultants assignments and ministerial briefings and letters. Job requires interpersonal skills to provide feedback to and on consultants/contractors regarding quality of performance.

6. Mathematical skills to adjust comparable sales properties, calculate claims and appropriate compensation, apportion compensation conclusion among various interests, and calculate present worth, capitalization rates.

7. Computer skills in Ministry supported software.

Freedom of Action :

Incumbent works within statues, government and ministry directives, policies and guidelines with minimal supervision, away from direct contact with supervisor, in order to: prepare appraisals and other reports through the selection and interpretation of market data, factors such as real estate market/trends, interpreting the provisions in various legal documents governing the use and development of property, selection of an approach to value which derives an estimate of market value, with latitude to interview a wide variety of individuals such as engineers, planners, surveyors, developers, contractors, and real estate brokers: negotiate with property owners and settle upon appropriate compensation for acquisition of various property rights required for highway (re)construction, transportation purposes and related claims such as crop damage, injurious affection, business loss, lessees interests and ensuring owners are afforded their rights as provided for under the Expropriations Act. Respond promptly and address unauthorized use such as encroachments, tree, soil, and other landscaping removal, dumping of environmental contaminants or other refuse; and conduct public auctions, tenders, or the negotiations required to effect sales and leases with prospective purchasers/tenants. Offers of compensation and agreements executed do not bind the ministry until approved and accepted by management.

Incumbent refers unusual issues not covered by policy and/or precedent with a recommended solution to the Supervisor including administrative settlements (i.e. settlements in the best interest of the government), leases or sales at less than market value; regular reviewing, monitoring and checking on performance occurs. All pertinent discussions and information regarding property acquisition, expropriation, sale or lease are documented by reports and checked for compliance with policy and guidelines and appropriateness of progress and direction of negotiations; field investigations are documented. Reports are prepared which provide the rational and recommendation to seek approval to proceed with disposal method, opportunities for former owner to repurchase, and reserve price prior to their conducting the public auction, tender, or the negotiations required to effect sales and leases. Incumbent seeks approval to proceed with repairs, arranging for the removal/demolition of buildings and other obstacles from the right of way, and hiring consultants/contractors.