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HomeMy WebLinkAboutPD-19-99 (Revised) ~ '" '" DN: PD-l9-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purposeiand Administration Committee File # Date: Monday, April 19, 1999 REVISED PD-19-99 File #: Res. # 6PA- 7-20-99 Report #: By-law # Subject: MEMORANDUM OF UNDERSTANDING BETWEEN THE MUNICIPALITY OF CLARINGTON AND VALLEYS 2000 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-19-99 be received; 2. THAT the Memorandum of Understanding between Valleys 2000 and the Municipality of Clarington be APPROVED; 3. THAT the Mayor and Clerk be authorized to execute the Memorandum of Understanding on behalf of the Municipality of Clarington; 4. THAT the sum of $40,500.00 be allocated from 1110-166-X Cash-in-Iieu of Parkland to cover the cost of appraisals, legal fees, surveys and environmental audits associated with lands and/or easements for the lands identified in the Project; 5. THAT Council provide a grant to Valleys 2000 equivalent to the insurance premiums up to a maximum of $9000.00 for the first year and $2000.00 for each of the remaining four years, and that such funds be drawn from 7007-X-254 Unclassified Admin - Insurance Coverage; 6. THAT a By-law authorizing execution of the Memorandum be forwarded to Council for approval; and 7. THAT Rev. Frank Lockhart, Chair of Valleys 2000 be advised of Council's decision. 627 . . REPORT PD-19-99 PAGE 2 1. BACKGROUND 1.1 On December 7, 1998, Rev. Frank Lockhart and Mr. Bob Simpson appeared before Council advising of a proposed community millennium project sponsored by a number of community groups. The Project included a trail system and other features that would enhance the Bowmanville Creek Valley from the downtown core to the waterfront (see Attachment No.1). Rev. Lockhart and Mr. Simpson noted that the project would not be supported by taxpayer dollars but did request the following: a) Municipal Staff support to assist in co-ordinating the projects; and b) the Municipality assumes title to all the lands. Council endorsed the project and their requests. 1.2 Update of the Committee's Progress The Committee has met several times since their appearance before Council. Staff from the Planning and Development Department, Public Works Department and Property Management on occasion, have attended these meetings. The following is a brief update on the progress of the Committee since December, 1998. . Created a new project and committee name - Valleys 2000 . Determined that, if sufficient funds were raised, the scope of their work would include a trail in Soper Creek Valley from the Visual Arts Centre to Concession Street, and extension of the trail in the Bowmanville Creek Valley from Highway 2 to Jackman Road. . Terms of Reference were prepared for the project and the planning/landscape architect firm, Schollen & Company, has been retained. . Created sub-committees for fundraising, finance, public relations, property liaison, planning and development, and cultural heritage. · Prepared the appropriate applications to establish Valleys 2000 as a charitable organization and incorporation. 628 , . REPORT PD-19-99 PAGE 3 . Applied to the Federal government for funds under the Federal Millennium Partnership Program, Province of Ontario for funding under Ontario 2000 Special Projects, Ministry of Natural Resources CFWIP program and Protection and Enhancements for Fish and Wildlife Program. 1.3 The total cost of the project from the downtown core to the waterfront is estimated at $1.7 million dollars over 5 years. At the present time, Valleys 2000 has applied for funding from various federal and provincial sources for $615,000.00. On March 8, 1999, Valleys 2000 received a cheque for $25,000.00 from Mr. John O'Toole, M.P.P. The funds were granted under the Protecflon and Enhancement Program to cover the cost of the study. In addition, the Bowmanville Lions Club contributed $10,000.00 to the project. Council has also endorsed a $10,000.00 allocation from the Main Street Ontario Program, however Valleys 2000 must match the funds. 1.4 During the preparation of the Terms of Reference and the application for charitable status, it became apparent that the roles of the Valleys 2000 and the Municipality were unclear. As such, a Memorandum of Understanding has been prepared (see Attachment No.2). The purpose of this report is to provide Council with an overview of the Memorandum of Understanding, inform Council of the Municipality's commitments and to seek authorization for the Mayor and Clerk to execute the agreement on behalf of the Municipality of Clarington. This report will also provide an update of the consultant's work to date. 2. THE MEMORANDUM OF UNDERSTANDING 2.1 The Memorandum of Understanding highlights the responsibilities of both the Valleys 2000 and the Municipality of Clarington. 62) , . REPORT PD-19-99 PAGE 4 Under the Memorandum of Understanding the following will occur: . An open space and conceptual plan will be prepared to identify the long term plan and implementation steps over five years. The Plan must be approved by both Valleys 2000 and the Municipality of Clarington . Valleys 2000 will: - retain the services of a planning/landscape architect firm; - apply for and administer funding sources other than those requiring municipality sponsorship; - organize, co-ordinate and supervise all volunteer work activities and ensure appropriate safety and communication equipment is available; - adhere to all applicable safety legislation required; - organize and co-ordinate a public relations strategy; - undertake a fund raising program and collect all the funds; - undertake preliminary discussions for the transfer of lands and/or easements; - maintain proper accounting records and collect all funds, (including prenumbered receipts being issued for all funds collected) and be responsible for the payment of expenses relating to the consultant, fundraising, publicity, volunteer labour, buildings or structures and land enhancements; - provide to Council, prior to March 31 each year to 2004, an accountant's report of all expenditures made and their financial status; - obtain their own liability insurance for no less than $5,000,000 and naming the Municipality as an additional insured, discussed further in Section 3 of this Report; - will be required to obtain the consent of Council prior to undertaking any works, in the Soper Creek Valley and Bowmanville Creek Valley north of Highway No.2; and - Valleys 2000 will not incur any debt or liability without the express written approval of the Municipal Council. 630 . , REPORT Po-19-99 PAGE 5 . The Municipality will: - provide advice and assistance with the selection of a consultant and the preparation of the conceptual plan; - subject to assurance of funding from Valleys 2000, arrrange for the transfer of land from landowners to the Municipality the lands free and clear of all encumbrances to all lands and/or easements for public parkland purposes for the lands identified in the Valleys 2000 concept; - assume all costs associated with accepting the title to the lands including appraisals, legal fees, surveys and environmental audits discussed further in Section 3 of th is Report; - tender and administer the construction of bui Idings and structures identified in the approved concept, upon advance receipt of the funds or 100% security in a form satisfactory to the Municipality's Treasurer and in accordance with the Municipality's standard purchasing practice; - apply for relevant funding from federal and provincial sources on behalf of Valleys 2000; and - maintain the trails and other enhancement features in the valleylands as these items are built. 2.2 A Project Work Team will be established which will include one staff member from Planning and Development, Public Works, and the Property Manager who will work with three (3) members of Valleys 2000 to cc:rordinate the project. 2.3 The Memorandum will expire on December 31,2004, at which time all remaining assets and funds will be transferred to the Municipality for designated use in the Project or to charities as per Valleys 2000 Letters of Incorporation. If the assets are to be transferred to the Municipality, a Schedule of Works determining how the balance of assets and funds are to be used will be prepared. 631 , REPORT PD.19-99 PAGE 6 3. THI; MUNICIPAUTY'S FINANCIAL COMMITMENTS TO THE PROJECT 3.1 The Municipality's obligations to this project are outlined in Section 2 of this report and further detailed in the Memorandum of Understanding. The Municipality's financial responsibilities for this project are noted below. 3.2 Land Acquisition Valleys 2000 and the Municipality, through the Project Work Team, are responsible for negotiating the lands necessary for the project. Prior to acquisition, staff would report to Council in accordance with existing procedures. The lands to be conveyed to the Municipality will be acquired with funds generCited by Valleys 2000. However, under the Memorandum of Understanding, it is proposed that the Municipality assume the legal fees associated with the transfer of land, including, appraisals, survey costs, the preparation and registration of land and environmental audits. There are approximately fourteen properties that are required for the Project. Property owners may donate property and receive a Federal Tax Credit for ecological benefits. If properties are required to be purchased, an appraisal is required. It is difficult to determine how many of the properties will be purchased, therefore the total costs of appraisals is unknown. Easements are also acceptable means to access property for the Project. The legal fees, title searches and registration of documents are estimated at $10,000.00. The cost for surveys is estimated at $1,000. to $2,000. per property. In addition, a Phase 1 Environmental Audit may be required. The estimated cost for the entire site is $2,000. to $2,500. If the Phase 1 audit identifies an area of concern, then a scoped audit will be required at an unknown cost. The total known cost is approximately $40,500.00. The funds for these items should be drawn from 111 0-166-X Parkland Cash-in-lieu Reserve Fund. 632 REPORT PD-19-99 PAGE 7 With the approval of this report, the Property Manager will commence negotiations for the conveyance of lands to the Municipality. 3.3 Maintenance Costs As the trails and other elements are added to the valley lands, the Municipality is required to assume them and maintain them. The Public Works Department will need to allocate the appropriate funds in its budget for maintenance of the capital works as they are completed to the satisfaction of the Director of Public Works. 3.4 Insurance Coverage This project has been conceived by members of the community and will be largely funded by the community. The Municipality will own the lands and maintain them. Valleys 2000 is of the opinion that this project is closely linked with the Municipality (eventually owning and maintaining the lands) and should therefore be covered by the Municipality's Insurance Policy. The Municipality's insurer will not provide coverage for groups that are not committees of Council. However, if Valleys 2000 is formed as a committee of Council, they lose many of their government and private agency funding opportunities. The estimated cost for insurance for Valleys 2000 is approximately $9,000.00, which includes coverage for General Liability, Directors and Officers Liability and Environmental Impairment Liability. Since Valleys 2000 is developing open space and park land for the benefit of the entire Municipality, staff recommend that Council provide a grant equivalent to insurance premiums up to an upset limit of $9,000.00 for the first year. In the interim, Valleys 2000 and the Municipality will endeavour to secure all the lands and easements required for the project and thereby relieving Valleys 2000 of that portion of the insurance for environmental impairment which total $7,000.00. For the remaining years, the insurance premiums are estimated at $2,000.00 per year. These funds should be drawn from account 7007-X-254 Unclassified - Insurance Coverage and added to the 1999 Budget impact. 633 . REPORT PD-19-99 PAGE 8 4. CONSULTANTS PROGRESS 4.1 The consulting firm of Scholl en & Company was retained on March 3, 1999. The consultant will prepare two concepts. The first concept will show schematically the potential for trails and linkages in the Bowmanville Creek Valley from Regional Road 57 to the waterfront and the Soper Creek Valley from Concession Street to the waterfront. The second concept will detail trails and other protection and enhancement projects specifically for the Bowmanville Creek Valley from the downtown core to the waterfront. Mr. Mark Scholl en has met with the Committee twice thus far. On March 13, 1999 the Consultant Team began the fieldwork in the valleys. Members of the community were invited to join the consultants to share information and knowledge of the valley. On March 23, 1999 the consultant met one-on-one with the various stakeholders. A community design workshop was held on April 13, 1999. There will be two Open House Information Sessions later this spring. An information kiosk will be constructed and placed in a highly visible downtown location. The kiosk will display information and drawings on the project. The estimated completion date of the consultant's work is June, 1999. 5. CONCLUSION 5.1 The Valleys 2000 project is an exciting millennium project for the Municipality of Clarington. The Memorandum of Understanding defines the roles and responsibilities of both Valleys 2000 and the Municipality of Clarington. Staff recommend that the Memorandum of Understanding be approved and authorized by the Mayor and Clerk. This report has been reviewed by the Director of Public Works and the Property Manager. They concur with its contents. The Treasurer has reviewed and concurs with the financial aspects of this report. 634 REPORT PO-19-99 PAGE 9 Respectfully submitted, Reviewed by, dr~_~ Davi . Crome, M.C.I.P., R.P.P. Acting Director of Planning & Development Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer ~~ Stephen A. Vokes, P. Eng. Director of Public Works CS*DJC*jip April 9,1999 Attachment No.1: Project lands Attachment No.2: Memorandum of Understanding Interested parties to be notified of Council and Committee's decision: Rev. Frank lockhart, Chair Valleys 2000 P.O. Box 364 Bowmanville, Ontario l1C 311 635 Bowmanvllle Valleys Millennium ProJect. Area 1 ATTACHMENT '1 636 ATTACHMENT .2 MEMORANDUM OF UNDERSTANDING Made this day of ,1999 BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Hereinafter called "the Municipality" OF THE FIRST PART And FRANK WALLACE LOCKHART ROBERT LESLIE SIMPSON lAIN JOHN CRAVEN MACIVER ARTHUR ALAN HARVEY STRIKE DAVID LAWRENCE DOUGLAS LAWSON WILLIAM JOHN HUETHER Trustees for VALLEYS 2000 (BOWMANVILLE) INC. - to be Incorporated Hereinafter called" Valleys 2000" OF THE SECOND PART WHEREAS a number of community groups and interested citizens have joined together to form Valleys 2000; AND WHEREAS Valleys 2000 will develop, enhance, promote and preserve trails, river bank improvements, fish and wildlife habitat and special natural areas along parts of the Bowmanville and Soper Creeks leading to Lake Ontario as a Millenium Project for the recreation, benefit and enjoyment of the community ("the Project") ; AND WHEREAS Valleys 2000 will protect or enhance the environmentally sensitive features of the Bowmanville Creek Valley in any works it undertakes; AND WHEREAS Valleys 2000 will initiate a fund raising campaign for funds necessary for this project; AND WHEREAS the Council of the Municipality has heartily endorsed the Project; 637 Memorandum of Understanding NOW THEREFORE in consideration of the premises the Municipality and Valleys 2000 have agreed to enter into this Memorandum of Understanding. 1. Conceptual Plan 1.1 An open space conceptual plan ("Conceptual Plan") will be prepared to identify the long term plan and the implementation steps over 5 years for the Project. The Conceptual Plan shall identify implementation works to be undertaken by volunteers ("Volunteer Works") and the implementation works to be undertaken by contractors ("Contractor Works"). 1.2 Council of the Municipality and Valleys 2000 will approve the final Conceptual Plan prior to the commencement of any works associated with the Project. 2. Responsibilities of Valleys 2000 2.1 Valleys 2000 will be incorporated as a charitible corporation and will apply for and seek to receive charitable status under the Income Tax Act 2.2 Valleys 2000 shall be responsible for the following; i) entering into a contractual agreement with a qualifed professional consultant to prepare a Conceptual Plan for the Project.; ii) undertaking preliminary discussions for the transfer of lands and/or exclusive or non-exclusive easements in favour of the Municipality for public access, landscaping, construction for lands related to the Project. Valleys 2000 will use its best efforts to ensure that the lands or easement areas are transferred to the Municipality in a condition satisfactory to the Municipality's Director of Public Works and free and clear of all encumbrances; iii) undertaking a fund-raising program for the Project and collecting all funds including following up of any pledges, and issuing pre-numbered receipts for all monies received; iv) payment of all expenses related to the Project unless otherwise specified; v) maintaining financial records in accordance with good accounting principles satisfactory to the Municipality's auditor in accordance with Section 7; vi) applying for and administering all municipal, provincial and federal grants and/or other funding sources; vii) maintaining in effect general liability and environmental impairment insurance in accordance with Section 8; 638 Memorandum of Understanding viii) organizing, co-ordinating and supervising volunteer labour for the Volunteer Works part of the Project in accordance with Section 5; ix) ensuring all applicable safety standards and legislation are adhered to; and x) organizing and co-ordinating all publicity and public relations related to the Project. 3. Responsibilities of the Municipality 3.1 The Municipality shall be responsible for the following: i) providing advice with the selection of a consultant for the preparation of the Conceptual Plan; ii) providing advice and reasonable assistance to Valleys 2000 and the consultant with the preparation of the Conceptual Plan; iii) subject to written confirmation of available funding from Valleys 2000 to the satisfaction of the Treasurer and approval of the purchase of land by Council, arrange with landowners for the transfer of land and/or easements to the Municipality as necessary for the Project; iv) undertaking all legal costs associated with the transfers of land including land appraisals, surveys, the preparation and registration of land transfers and environmental audits; v) without derogating from Section 2.2 vi) applying for relevant funding from provincial and federal government prgrams which is available to the Municipality; vi) co-ordinating, designing, tendering and supervising any contractor works indentified in the Conceptual Plan on behalf of Valleys 2000, subsequent to receipt of all funds from Valleys 2000 for a specified project; and vii) maintaining any approved Project works that have been completed during the inspection and guarantee period provided for in the construction contracts until the lands or easement areas on which the works are constructed are transferred to the municipality and accepted by the Muncipality 's Director of Public Works. 639 Memorandum of Understanding 4. Project Management 4.1 A Project Work Team shall be established which will include three members from the Municipality's staff and three members of Valleys 2000 to co-ordinate the Project. The Project Work Team shall be responsible for the following: . managing the work program of the consultant preparing the Conceptual Plan; . negotiating the purchase and/or easements for the lands required; and . co-ordinating an implementation schedule of all works. 4.2 The Project Work Team shall report to Valleys 2000 and to the Municipality's Council. 5. Volunteer Works 5.1 Any volunteer working for or on behalf of Valleys 2000 or anyone hired by Valleys 2000 will not be a full or part time employee of the Municipality and will not have any rights or priviledges of a full time or part time employee of the Municipality. 5.2 All applicable legislation and regulations shall be adhered to, including the appropriate safety equipment and training. 5.3 First aid and communications equipment and written safety procedures manual shall be established and maintained during Volunteer Work activities to the satifaction of the Municipality's Property Manager. 5.4 All buildings, structures, equipment, trails and other infrastructure are to be constructed consistent with municipal standards, and in compliance with CSA standards, or any other safety standards that are applicable. 6. Contractor Works 6.1 Upon receipt from Valleys 2000 of 100% of funds required or an unconditional and irrevocable Letter of Credit in a form acceptable to the Municipality's Treasurer, the Municipality will prepare specifications, design and tender for the construction of buildings, structures or other works identified as Contractor Works in the Conceptual Plan. The Municipality will enter into contractual arrangements with the successful bidder, after authorization to do so is given by the Municipality's Council 6.2 The design and specifications for any work will be approved by Valleys 2000 prior to tendering, unless otherwise agreed to in advance by Valleys 2000. 6.3 Contractor Works will be undertaken in accordance with the Municipality's standard practices and to the satisfaction of the Director of Public Works. 640 Memorandum of Understanding 7. Financial Records 7.1 Valleys 2000 shall establish and maintain, in accordance with good accounting principles satisfactory to the Municipality's auditor, proper bank accounts and records for all funds received and disbursed by Valleys 2000, and all bookkeeping and accounting systems and supporting vouchers and documentations. 7.2 Valleys 2000 shall serially record all receipts and revenues and all disbursements for each financial year and will use serial, prenumbered receipts for all donations collected. 7.3 No later than March 31St, each year, Valleys 2000 shall file with the Municipality's Treasurer, a report from a qualified accountant for all expenditures, receipts and their financial status. Council may request an auditor's report at any point in time to be paid for by the Municipality and is such a case, Valleys 2000 will provide the auditor with immediate access to all records and persons he/she are required to fulfil the Report. 8. Indemnity and Insurance 8.1 If required, prior to any work commencing, Valleys 2000 will undertake to obtain liability and environmental impairment insurance satisfactory to the Treasurer, in the amount of Five Million Dollars ($5,000,000.00) naming the Muncipality as additional insured. A copy of the insurance certificate shall be filed with the Municipality. 8.2 Valleys 2000 is responsible for any claims related to the trail or any other enhancements which are built or constructed by volunteers until such time as it has been assumed by the Municipality. A Release, Waiver and Indemnity must be completed and returned to the Municipality prior to any use of undertaking of any works in the Bowmanville Valley. 9. Termination 9.1 This Memorandum of Understanding expires on December 31, 2004. Valleys 2000 will complete its mandate by December 31, 2004 and transfer any remaining assets and funds to the Municipality for designated use in the Project or to charities as per Valleys 2000 Letters of Incorporation. 641 Memorandum of Understanding 9.2 This Memorandum of Understanding may be amended or extended by a further Memorandum of Understanding. 9.3 Valleys 2000 will not assume any debt or long-term liabilities and will not commit the Municipality to pay any debt without the express written consent of the Municipal Council. 9.4 Prior to October 31, 2004, the Municipality and Valleys 2000 shall prepare and agree upon a Schedule of Works determining how the balance of assets and unexpended funds of Valleys 2000 are to be used. 9.5 If there should be any dispute(s) regarding the terms and conditions of this Memorandum of Understanding, such dispute(s) shall be referred to a single arbitrator agreeable to the parties under the Ontario Arbitrations Act. 9.6 Any actions undertaken which are contrary to the intent conveyed in the Memorandum of Understanding will automatically terminate the Agreement. IN WITNESS WHEREOF the Parties hereto have executed this Memorandum of Understanding. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mayor Clerk DIRECTORS FOR VALLEYS 2000- (BOWMANVILLE) INC. TO BE INCORPORATED Frank Wallace Lockhart Robert Leslie Simpson lain John Craven Maciver Arthur Alan Harvey Strike David Lawrence Douglas Lawson William John Huether 642 ATTACHMENT 13 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99-~ being a By-law to authorize the execution of a Memorandum of Understanding between the Corporation of the Municipality of Clarington and the Directors of Valleys 2000 (Bowmanville) to be incorporated. WHEREAS at its meeting of April 19, 1999, the Council of the Co<])oration of the Municipality of Clarington adopted the recommendation contained in Report PD-19-99; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: . 1. THAT the Mayor and Clerk be authorized to execute on behalf of the Corporation of the Municipality of Clarington a memorandum of Understanding between the Co<])oration of the Municipality of Clarington and the Directors of Valleys 2000 (Bowmanville) to be incorporated. 2. That the Agreement attached hereto as Schedule "A" shall form part of this By-law. BY-LAW read a first time this day of 1999. BY-LAW read a second time this day of 1999. BY-LAW read a third time and finally passed this day of 1999. MAYOR CLERK 643