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HomeMy WebLinkAboutPSD-112-09Clarin~gron Leading the Way Meeting: COUNCIL STAFF REPORT Oi4 REPORT PLANNING SERVICES ~ebol~~~~, ~C-~~-off Date: Monday, November 23, 2009 Report #: PSD-112-09 File #: RE 6.1.17, PLN 15.2.1 By-law #: ~?9!(0 5~ .?~ifi 9- /~ S Subject: OFFF~ OF COMPENSATION TO PORT DARLINGTON HARBOUR COMPANY RESPECTING THE EXPROPRIATION OF THE WEST BEACH LANDS FOR BOWMANVILLE WATERFRONT DISTRICT PARK -PARTS 1, 2, 3, 4 ON PLAN OF EXPROPRIATION D552233 AND PARTS 1 AND 2 ON PLAN OF EXPROPRIATION DR838341 RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. That Report PSD-112-09 be adopted; 2. That an offer of a total of $775,000.00 as the market value compensation on the Valuation Date for the Port Darlington Harbour Company interest in the lands identified as Parts 1, 2, 3, 4 on Plan of Expropriation D552233 and Parts 1 and 2 on Plan of Expropriation DR838341 at the terminus of West Beach Road, Bowmanville, which have been expropriated, be approved; 3. That the Director of Planning Services be authorized to send a letter to Port Darlington Harbour Company offering it as the registered owner $775,000.00 for its interest in the expropriated lands; 4. That offers to the owners of the cottages listed in Schedule 1 (Attached), totaling $19,221.00 as the market value compensation on the Valuation Date for the leasehold interests in the lands on which the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 are located, be approved; 5. That the Director of Planning Services be authorized to send letters to the cottage owners as listed in Schedule 1 offering the owners the compensation noted on Schedule 1 for their leasehold interests in the expropriated lands; 6. That a by-law be passed to authorize the Municipal Clerk on behalf of the Municipality of Clarington to issue notices of termination to the owners of the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 that their respective leases are terminated on December 31, 2010 pursuant to the Residential Tenancies Act, 2006 so that their residential units can be converted to use for a purpose other than residential purposes; 7. That payment of one year's rent, $1800.00, be made to each of the owners of the cottages listed in Schedule 1 as required by the Residential Tenancies Act, 2006; REPORT NO.: PSD-112-09 PAGE 2 8. That the Director of Planning Services be authorized to continue discussions with the owners of cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 regarding the purchase of the cottages by the Municipality and/or arrangements respecting the relocation of the cottages to other lands and report back at a later date; 9. That a by-law be passed to authorize the Municipal Clerk on behalf of the Municipality to issue notices that the leases of the residential units on Lots 1 and 11 on Plan 345 are terminated on the day that is 120 days after notice is given, ending with the last day of the tenancy or the term in question; so that these can be converted to a use for a purpose other than residential premises; 10. That Council authorize the payment of compensation to each of the tenants of the residential units referred to Recommendation 9 in amounts equal to three month's rent as required under the Residential Tenancies Act, 2006; 11. That Council pass a by-law authorizing the Municipal Clerk on behalf of the Municipality of Clarington to make applications to the Landlord and Tenant Board pursuant to the Residential Tenancies Act, 2006. to terminate the tenancies referred to in Recommendations 6 and 9 and evict the tenants; 12. That Council instruct the Director of Planning Services to advise The Andre Wiggers Construction Company Limited that any authority it may have been given by Port Darlington Harbour Company to enter into tenancy agreements respecting the expropriated lands is terminated; 13. That the Manager of Municipal Law Enforcement be instructed to take all necessary actions to have the trailer presently stored on the expropriated lands removed; 14. That the Director of Operations be authorized to demolish the buildings and structures previously owned by the Port Darlington Harbour Company and referred to in paragraph 2.13; 15. That the Director of Operations be authorized to demolish the buildings on Lots 1 and 11 when the termination and eviction orders of the Landlord and Tenant Board referred to in Recommendation 11 have been complied with; 16. That the Director of Planning Services, the Municipal Solicitor, the Municipal Clerk and the Treasurer are authorized to take all necessary actions to implement the intent of this Report; and 17. That all interested parties be notified of Council's decision. Submitted by: /~"'`--. David . Crome, MCIP, R.P.P. Director of Planning Services FUDJC/sn November 17 2009 Reviewed by: ranklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-112-09 PAGE 3 1.0 BACKGROUND 1.1 On June 15, 2009, Report PSD-056-09 was presented to Council recommending that Council pass a by-law approving the expropriation of Parts of Lots 9 & 10, Broken Front Concession, former Town of Bowmanville for the purposes of a district park. After having regard for the comments contained within the report, Council approved the expropriation of the owners interests in these lands by By-law 2009-081 at its June 15tH meeting. 1.2 Report PSD-056-09 also recommended that Council pass a by-law to authorize the Mayor and the Clerk on behalf of the Municipality to execute an expropriation plan and authorize its registration pursuant to subsection 9(1) of the Expropriations Act; also approved on June 15~' as By-law 2009-084. Expropriation plans were registered on September 10th, 2009 under the Land Titles Act and the Registry Act. 1.3 Title to the property was transferred to the Municipality on the registration of the plans by operation of law. As a result of the registration of the Plans the owner's rights were converted from rights in the lands expropriated to rights to be paid at market value on the Valuation Date for their interest in the lands. However, the Municipality must comply with Sections 25 and 39 of the Expropriations Act before it can go into possession of the lands. These require the Municipality to offer compensation to the owners of market value based on the conclusions reached by the appraiser in his retrospective appraisal report. 1.4 In accordance with the provisions of the Expropriations Act, Notices of Election were served on the registered owners on September 15, 2009. The Notice offered the owners the option to have compensation to which they were entitled assessed as of: • The date the notice of the Hearing of Necessity was served; • The date of the registration of the expropriation plan; or • The date on which they were served with the Notice of Expropriation. 1.5 Port Darlington Harbour Company (PDHC) has indicated that it has chosen the date on which they were first served with the Notice of the Hearing of Necessity being, January 14th, 2005. The Notice of Election given to PDHC had indicated a date of September 22, 2005 which was the date the Notice of Hearing under the Consolidation Hearings Act that combined the Official Plan Amendment Appeal, the expropriations of Port Darlington Harbour Company lands, Mr. Glen Ransom (66 East Beach), Tom Cauchon and Chigweyaru Agbaru (50 East Beach) and Scott Lumley (157 Port Darlington Road) was issued. The Notice of the Hearing of Necessity issued on January 14th, 2005 was terminated as a result of the hearing being consolidated under the Consolidated Hearings Act; however, it is the initial date the notice of the Hearing of Necessity was served. It has been duly selected by the registered owner (PDHC) and used by our appraiser as the Valuation Date for determining market value of the expropriated lands: 1.6 The owner of the cottage on Lot 2 on Plan 345 (Attachment 1) has chosen the date of the registration of the expropriation plans which was September 10th, 2009. 1.7 The owners of the cottages on Lots 5, 6, 10, 15, 17, 36, and 39 on Plan 345 did not respond. The Expropriation Act indicates that in such circumstances it is deemed that REPORT NO.: PSD-112-09 PAGE 4 they have elected to have the compensation assessed as of the date of the registration of the expropriation plan which was September 10th, 2009. 1.8 Copies of the signed Notices of Election are included in this report as Attachment 2. 1.9 The August, 24, 2004 appraisal report completed for the Municipality originally valued the lands at $700,000 with the proviso "As if vacant and unimproved with any buildings or structures and not inhibited by any lease agreements or contracts". The properties were evaluated in an "as is" condition, on the assumption that they were free of buildings and structures. A copy of the original appraisal report is on file with the Planning Services Department. 1.10 The appraiser has now prepared a retrospective valuation of PDHC's interest in lands at $775,000.00 as of January 14, 2005; their Valuation Date. The offer of compensation to PDHC would be for $775,000.00. A copy of the retrospective valuation is on file with the Planning Services Department. The increase in valuation from the August 24, 2004 appraisal report is based on the additional understanding the appraiser has gained with regard to the value of the land and an understanding that the ability to make use of it lies with having the existing cottages in place. "Given the rather serious environmenta! status and limiting land use controls on the subject property, its market value would be highly inhibited and likely reflected at nominal price levels, if it were vacant and unimproved or deemed to be vacant and unimproved" 1.11 The appraiser was also asked to determine compensation for the cottagers who have rights independent of PDHC being the cottage owners on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 and lease lands on which these cottages are located as of September 10, 2009, their Valuation Date. The cottages add iritrinsic value to the land, if they were not in place, the use that could be made of the lands would be in keeping with its hazard land status and environmental significance. While the cottages remain they are habitable, once they are removed the right to rebuild them will also disappear. The valuation that the appraiser has placed on the cottages in his retrospective appraisal report is set out in Schedule 1 and totals $19,221.00 for the eight cottages not owned by PDHC. 1.12 Before taking possession of the land subsection 25(1) of the Expropriation Act requires that the expropriating authority serve upon the registered owner an offer of an amount in full compensation for the owner's interest and offer immediate payment of 100% of the amount of estimated market value. This offer should be served within 3 months of the registration of the expropriation plan (by December 10th; 2009). 2.0 COMMENTS 2.1 The West Beach Association represents the owners of the cottages on Lots 2, 5, 6, 10, 15, 36 and 39. The owners have collectively through the association and individually written Council with their requests to continue their tenure. Various suggestions have been made such as 5-year term leases; life leases for the current cottage owners and continuation of the existing annual arrangement (Attachment 3). The owner of the cottage on Lot 17 has indicated a preference for being bought out. REPORT NO.: PSD-112-09 PAGE 5 2.2 Staff met with the West Beach Association in July 2009 (Attachment 4) to explain the expropriation process that has been ongoing, hear from the cottagers as to their future desires and answer questions. Staff also met with the owner of the cottage on Lot 17 in July. The West Beach Association provided Council with the first of what they hope to be an annual report in late September (Attachment 5). 2.3 .While it is the desire of many of the cottage owners to have a more permanent arrangement with the Municipality than what they have had with the PDHC, the reason that the Municipality acquired the west beach lands is to develop a district park which would include public access to the beach. It would be prudent for the Municipality to issue notices of termination to all the cottage owners to achieve this purpose. This would effectively mean that the cottage owners would have to relocate their building or vacate the site by December 31, 2010. If the buildings are not removed by that date, they can be demolished under the terms of the leases and the Residential Tenancies Act, 2006. 2.4 Each cottage owner is entitled to the right under the ground lease to relocate the cottage from the expropriated lands on the termination of the lease. A determination has not been made with regard to the relocation cost or the feasibility of relocation of his or her cottage. It is Staffs desire to continue discussions with the cottagers. In addition to the market value compensation for the ground leases, the cottagers are entitled to disturbance or relocation; .however due to "the unique nature of the subject dwellings, and insufficient evidence available, (the appraiser was] not able to adequately address the issues of Disturbance or Relocation for the Land Lease tenants". The results of discussions with the cottagers and recommendations for compensation for disturbance and relocation will be the topic of a subsequent report to Council in 2010. 2.5 If a notice of termination for a ground lease is given to the owner of a residential premises so that the premises can be converted to anon-residential use in a land lease community, the Residential Tenancies Act, 2006 requires that the one year's notice ending with the end of the term of the lease be given. The landlord is required to pay the tenant as compensation the lesser of the amounts equal to one year's rent, $3000 or the "prescribed amount" whichever is greater. In the case of the cottagers on ground leases, the amount of one year's rent is $1800.00. To date, no amount has been prescribed under the Residential Tenancies Act, 2006. 2.6 The Residential Tenancies Act, 2006 also provides that ff a notice of termination is given of a tenancy so that the landlord can demolish the rental unit to convert it to use for a purpose other than residential premises and it is not a tenancy as referred to in section 3.5, 120 days notice is required ending with the day on which the period of the tenancy ends or where the tenancy is for a fixed term, the end of the term. The tenants are also entitled to compensation in an amount equal to 3 month's rent. 2.7 Each of the owners of the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 in fact have two ground leases for each year, the first is for periods from January 1st through May 14th and September 15th through December 31st in which the use of the land is restricted to storage only. The second lease is for the period May 15th through September 14th in which occupancy of the land is permitted. The solicitor advises that REPORT NO.: PSD-112-09 PAGE 6 in his opinion the Landlord and Tenant Board would treat these leases as effectively being a single lease for a term commencing on January 1st and ending on December 31st each year with occupancy being restricted from May 15th to September 14th each year. 2.8 A by-law should be passed to authorize the Municipal Clerk on behalf of the Municipality of Clarington to issue notices of termination to the owners of the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345, their respective ground leases are terminated on December 31, 2010 so that their residential units can be converted to use for a purpose other than residential purposes pursuant to the Residential Tenancies Act, 2006. It is also recommended that payment of one year's rent ($1800.00) be made to each of the owners of the cottages in Schedule 1 pursuant to the Residential Tenancies Act, 2006. 2.9 Two monthly tenants in the cottages on Lots 1 and 11 on Plan 345 have leases with The Andre Wiggers Construction Company Limited. It is assumed that these leases were made with the knowledge of Port Darlington Harbour Company and now are binding on the Municipality. However, it is not known what arrangement was made between The Andre Wiggers Construction Company Limited and Port Darlington Harbour Company. It would be prudent for the Municipality to issue a notice to The Andre Wiggers Construction Company Limited to the effect that its authority, if any, to represent the landlord (now the Municipality) is terminated. 2.10 With respect to the monthly lease of the cottages on Lots 1 and 11 on Plan 345, it is recommended that a by-law be passed to authorize the Municipal Clerk on behalf of the Municipality to issue notices that the leases are terminated 120 days after notice is given ending with the last day of the termination term so that the residential units can be converted to a use other than .residential premises. It is also recommended that .payment of compensation in the amounts equal to three month's rent be paid to the tenants, as required by the Residential Tenancies Act, 2006. 2.11 In addition, there is a trailer being stored on the land, this is not a legal use of the land and the owner will have to remove the trailer from the land. It is recommended that the Manager of Municipal Law Enforcement be .instructed to take all necessary actions to have the trailer removed from the land. 2.12 In order to protect the Municipality's interests, it is recommended that a by-law be passed to authorize the Municipal Clerk to apply to the Landlord and Tenant Board for an order terminating the leases referred to in paragraphs 2.5 on December 31, 2010 and 2.7 (120 days after notice is given ending with the last day of the termination term) and evicting the tenants pursuant to the Residential Tenancies Act, 2006. 2.13 The other buildings and structures remaining on the site, especially those that have been identified by Municipal Law Enforcement as not meeting property standards are recommended to be demolished. They are the structures on Lots # 7, 14, 19, 21, 31, 32 and 34 on Plan 345. REPORT NO.: PSD-112-09 PAGE 7 2.14 It is also recommended that the Director of Operations be authorized to demolish the cottages on Lots 1 and 11 after the date on which the tenants of the buildings have been evicted by the Landlord and Tenant Board. 3.0 CONCLUSION 3.1 The interests of the owners of the west beach lands have been expropriated. It is recommended that the Director of Planning Services be authorized to offer immediate payment to Port Darlington Harbour Company, following Council's approval, of $775,000.00 and payment to each of the owners of the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 as set out in Schedule 1 with a total of $19,221.00. 3.2 Port Darlington Harbour Company and the owners of the cottages are free to accept that amount without prejudice to their rights under the Expropriation Act in respect of determination of any further compensation by the Ontario Municipal Board. If the owners proceed to the OMB the amount that is payable by the Municipality is subject to adjustment to account for the compensation referred to in paragraph 3.1. 3.3 The leasehold interests of the owners of the cottages located on the West Beach Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 have been valued as of the Valuation Date by the appraiser as set out in Schedule 1. It is recommended that the Director of Planning Services be authorized to enter into discussion with each of the cottage owners to determine if suitable arrangements can be made for the relocation and/or compensation of their cottages. In the meantime the notices of termination and applications to the Landlord and Tenant Board should be issued to protect the Municipality's interest in the expropriated lands. 3.4 The cottages add intrinsic value to the land, while in place they can be maintained; however once they are removed the right to rebuild them is lost and the use of the land reverts to its hazard land status and environmental significance. 3.5 With regard to The Andre Wiggers Construction Company Limited a Notice of Termination should be issued for any tenancies they have on the lands or in the structures owned by PDHC. The two known tenants that lease from The Andre Wiggers Construction Company Limited should be issued notices of termination as well. In addition, the owner of the trailer that is on-site will be requested to remove this illegal use. Attachments: Schedule 1 -Compensation for Cottagers on Land Leases Attachment 1 -Plan 345 Attachment 2 -Signed Notice of Election (2) Attachment 3 -Letters from Cottagers Attachment 4 -Minutes of Meeting with West Beach Association Cottagers Attachment 5 -West Beach Association- annual report Attachment 6 - By-law, Notice of Termination to Lots 2, 5, 6, 10, 15, 17, 36 and 39 Attachment 7 - By-law, Notice of Termination to Lots 1 and 11 REPORT NO.: PSD-112-09 PAGE 8 Interested Parties Port Darlington Harbour Company Andre Wiggers Construction Co. Limited Chris Williams, Aird & Berlis Karl Anselstetter Bill Hone and Corey Okeefe Robert Hughes Don & Donna Adams Gail & Chuck MacDonald Shirley Fowler Jean Severs Sharon Eccles and Judith Ginou (for Bert Hutchinson) Edwin (Ted) & Lynda Bounsall Gary Cole Bonnie & Tammy Nicholson Mavis Carlton Port Darlington Community Association c/o Glenda Geis Schedule 1 -Compensation for Cottagers on Land Leases Lot Name Valuation 6 Don & Donna Adams $2,105.00 5 Gail & Chuck MacDonald $2,558.00 10 Shirle Fowler $2,137.00 15 Jean Severs $2,137.00 39 Bert Hutchinson c/o Sharon Eccles, Judith Ginou $2,474.00 2 Edwin Ted & L nda Bounsall $2,105.00 36 Ga Cole $2,737.00 17 Bonnie Nicholson $2,968.00 Total $19,221.00 ATTACHMENT1 TO REPORT PSD-112-09 ... /'rPH F lE N 821. ..q ,~ C1R SEA CHE~~ S • <<w. A•= r ~~-.rs rnyu N 3N~ '.f,Se Al Owu G .il" ~ "~ e. r•i l ~a r° % :, °_ an a ... ~. sue AO /-.Af~ v 9°y^' •sµ.- % i r u np /•s~roi rcps r .N ~.~+s en ,. s~,..:w a e ~ .wav Pn......;. c..n. r y rdnw+d .,,P.ec.. .. •~AAmy° .nW. 4 /w..om.s n.+w.... /ni0 k.+et~~ P~ F P. P v i/ni ••~J S~°iv ena - •n o,........ ~~Nay.irian L.e..r. ® ~/ - e •yi.r~ACr+ ~,J ism r MY US Gand JUnvyen y„ !/y„ +. y rr.e j ~6. ` q r oNA e ' - - 8L % v o ~ ~ ~ , i ~ ! 2e r _. e A' Y d1Y' ~.l1 '~V2'l .n... _ { ~W _- i _ _ - n 1 n~• ~ T~,Ae L/ Lt' E~ d4 ~ <a y~ /B~/9 LQ ----/ a~ °vL» y~ M~ i [~AIIV NTR EL°T G @ r.s iei P y ..~ ~ '' ..~t n ¢°`~i .~ ~ F 4 W E $ e /3 YW .~ x W 5...3 a b: ~ ` h ' , .S: A L:~~ 9 .'' ~ W ~,.° Q /E 4~~ i r L .v, d ~ Y ~/ be ~q~<o F y + ° ~ u pyY + ... Y S. . 'g'+v "" +~ ` EI _~ O~. r `y RC~`P a,'~~~~~C ~z asa ~J~/ re ar ..ren,. .., e,:.y-...... , e. u;9...:y . / e.r.++ ~;....r r. y' ":. ,s jL..,.,.y ~'~ jai' :. ~~iK 'm.. 3o p c....,,..,..+:,+.a+. °~'.2. 3l reOn~.o :4Rremw-+ue:N6 32 •'a A ' reM~ P1j ., n 0 ~ee a/ P ~ e x Y V 40....n fl 0 _ _ J .. .. _T~ p0 nnl 39 0 9 ,r^• w r Ai rPnA M 9•g.+rraYi.s .1 i i+.< i i ! 4: :: q,1,,,»c~iv~•.r~ r,. ae,...e•.yd/~• 'I1JtdGT1 ATTACHMENT 2 TO REPORT PSD-112-09 Port Darlington Harbour Company 125 Port Darlington Road Bowmanville, Ontario L1C 3K3 October 14, 2009 Patti L. Barrie CMO Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Ms. Barrie: OCT ' 5 ?4Dg IPq(fT y V NfN~G~RTiVeNGTpN DISTRIB REVIEWED BV ORIGINAL TO: a crouxclL ^ couNCa u FILE DIRECTION INFORMATION corY ro: U MAYOR U MEMBERS U CAO of cowLCu O COIRAUtNTY U CORPORATE O EMERGENCY SERVN~ES SERVICES SERVICES O ENGNN:ERRC O MUNICIPAL O DPEMTI016 CES .CLERICS vLaRLINC o sotN:IroR o rREASwrr OTNER LD7 Re: Notice of Expropriation Notice of Election Certain Lands Owned by The Port Dazlington Harbour Company .Your File No. L07. WI/L07.P0 We are writing to you today in respect to the election under section 10(2) of the Expropriation Act. We would like to go on record as stating that the Notice of Hearing under the Expropriations Act was dated January 14, 2005 not September 22, 2009 which is listed on our Notice of Elections form. Sincerely Andre Wiggers Port Darlington H our Company NOTICE OF ELECTION Expropriations Act TO: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 I being the registered owner of land expropriated by the Municipality of Clarington and described on a plan of expropriation registered on the 10~" day of September 2009 as No. D552233 in the Land Registry Office for the Registry Division of Durham (No. 40) hereby elect to have the compensation to which I/we am/are entitle assessed, ~"~ ,,_,/ L+~ (a) where there has been an inquiry, as of the date the notice of hearing was served (September 22, 2005) ^ (b)as of the date of the registration of the plan (September 10, 2009); or ^ (c) as of the date on which I/we waslwere served with the notice of expropriation (September 15, 2009) Andre Wiggers NOTICE OF ELECTION Expropriations Act TO: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 We being the registered owner of land expropriated by the Municipality of Clarington and described on plans of expropriation registered on the 10th day of September 2009 as No. D552233 and No. DR838341 in the Land Registry Office for the Registry Division of Durham (No. 40) hereby elect to have the compensation to which we are entitled assessed, ^ (a) where there has been an inquiry, as of the date the notice of hearing was served (September 22, 2005) Q~ (b) as of the date of the registration of the plan (September 10, 2009); or ^ (c) as of the date on which we were served with the notice of expropriation (September 15, 2009) (Check appropriate box) DISTRIBUTION REVIEWED 8Y ~- ORIOIlUL.TO: ~C] CClNICO.` D CDUNCA.. ~ ~ fRE DIRECTIDN INR)RNATNk1 COPY TO: ~ MhYDR O IEMBEAS O CAO DFCDIdMYI O COARIWRTY O tARP0RAIE O BgM,ERCY SERVICES SERVICES-. SDRTiS°- O DI6WEENNS O YURCIPAk- O OPER91c115 CLERICS PI.NIRRIB CI SDLICITDR C! TIIFASIMY SERVICES 0 orRER ~ // ~~ rr ,,~~,, IRINICIPYIL CLERICS FILE ~``~ "'`~ Edwin (Ted) and Lynda Bounsall ATTACHMENT3 TO REPORT PSD-112-09 `~ S E P 1 1 2009 MUfViGPALf?Y OF CLARifVGT4N '09SEP1 August 26, 2009 I am writing in regards to the possible continued use of the West Beach in Bowmanville as a summer residency. I have been connected to the West Beach for over sixty years and can remember the area as a vast expanse of white sand. Neglect because of unused cottages and an owner not active in preserving the area as a sandy beach has allowed it to become covered with coarse twitch grass and other weeds. It would take a herculean effort to clear this growth away thus bringing the beach back to it's. original state_- The summer residents could perhaps aid in the restoration of the sandy beach and continue to keep the beach weed-free. We could also keep an eye on the use and. abuse of the beach along with supervision by town staff. A lease of several years would substantially add to the continuity of observation and overall care of the area. 2 have had maintenance doneon my cottage this year and will continue to do work as is necessary but any large expense will depend on the decision of council as to the continued use of the cottages in the summer. We arehoping for good news in this regard. - When i am unable to come tothe cottage due to age or health the use - of the cottage will end. I have been leasing on a year to year basis but a five-year lease would certainly help with plans to keep this beach healthy for all who would use it. i anxiously await the outcome of the decision of council and-ho e f the best. - -- DISTRIBUTI N REVIEWED BY YOUrs ,ixuly. __._..._. L FNf f /,~.~' LBp~e~ F/-/~, /~ /~~, D~ ' ""`~~ ~"-"" Jean ewers COPY lb: O ANYOR o ~Cp~L U CAO /~ ~~1~J7,~itc~cGr ~ .mac ~ a coLNxlNm sFRwc~s o CORPORATE sFRV~cFS a ENER6fNCY sEav~Es ~n^ ~ ~ ~WL~~~ ~L~d ~~{~,~//~/1/ p ~ O ENOP[ERIXO S/Eg1IICES O ANINIGPAI CLENMS ^ OPEAATgN$ ,, ¢~o, ~j~-G'!"~ ' B %.ANNENSO U SOL~ROR U TREASURY O 07NER 'c~ssEPQS Fra ~:aa:ao ,~~G ~Fl~ 'j'YV /.~Cc.a.Cl' .~a~tr;.L~ .~~UJh-G~r~ .~/.~-(,v7/1/ C~-~ ` ~A l3 . ~ ~u~ ~ ~ ~tir~~ ' d~ ~u p~ ~~~ ~ ,/ J~,~~7 ~ Q ~ ` fit" ~ S ,l/.~ ~ ~ ~1~,~ ~ ~ GCLryL,IJ /Lh~rJ /~ ~ZL~ . ~4 ~~-~.e~ -r~ ~ ~-u~~ ~a~rv~-~ .~/~--~-4- ~-e-~-nor.-c~-~ ~c~,.~. .fir-r,~ .~i~ ~~ ~-~vf~ ~~`' ~ cVt.!X tir-~-~tOC ~ ~Gi7~~in.c,~ -~c-v ~!?1 a ~17~- c~J . r -/~ n DIST N1-/~J /~ ~ Lw,/i~~ t GP G_~ /~,~tJ REVIEWED BY ~r,J /v~~~~ d J ./T//~-1J J-C!v` O-'IjU~L.it~ u~~o~~ra ~couxcw. v croaicr: _d~k LCL ~:~- c-'iJ ~ a--u, v ~1"Yl./.1~ ~'~u-~-tn~ . aRECrae . rsan~raN caret o Avon o MEMO o cw a CoW1111tt o 0 81[IrflCN SERVICES ,.~• SERYCEB ~.~i/l.,w~. "W O 0, - 'O'gERA11EY6 y/~' cam' O SOIJGT9R O TRFA6VRV / a - O Or1iER 'O~gEPG1g pri 2:gp:15 August 31, 2009 Ms. Patti Barrie, Municipal Clerk 40 Temperance Street Municipality of Clarington Clrlington, ON L1C 3A6 Deaz Ms. Ban•ie, j DISTRIB ION .. fII REVIEWED BY ORIGINAL i0: ^ CDUNCIL ^ COUNCIL ^ fILE ~~ DIRECTIDN NIWRMATION COPY TO: ° 1NYGR ° NELIBERS of couNCU o cao ° r ° cGRVOwvE ^ . ~ EN(iMEERiY6 ° yUmLy~ . SERirRS ~,,/$Ep~y~s CLERKS ^orERArlwa '~''LAIVNINS U $ULICITOR ^ 1gEASUIiY SFa~nCES O Or116{-. ,. Gary Cole I am writing to you as a life long resident of Bowmanville West Beach and member of our summer cottage community. Our community consists of seven cottages, all but one of whom are owned by lifelong residents; the one exception has been in the same hands for over twenty yeazs. We aze not recent arrivals and all of us aze senior citizens. Two of us aze over eighty with the rest being in their sixties and seventies. Our main concern, now that the municipality has taken over ownership of the land that our cottages occupy, is that the land will be cleazed and left in an undeveloped state for many yeazs due to a lack of funds. As this is most likely to be the case, we ask to be allowed to remain on the Beach until the new park is an established reality. Also during the transition period we could act as watchmen for the municipality maintaining security in the area. As you know vandalism is always a problem in unpatrolled pazks; therefore, our continued presence would not create a problem for the town but would, in fact, be a solution for any problems that could azise in the future. Thus, I suggest that our community be allowed to continue to exist in cooperation with the new park with the current owners receiving what is called a "lifetime lease" on the land from the municipality. This has been done in Prince Edwazd County's Sand Banks Park and on the Toronto Islands. Please note that with the advanced ages of our members this would not be a long time as we area "dying breed." Trusting that you will be agreeable to these fair and reasonable proposals. I remain yours, f~~~~ Gary Cole P.S. I hope that as the new pazk evolves all the grass and weeds aze removed leaving the pure white sand I remember as a boy. I would also like to suggest the new pazk be called the "Port Darlington Sands:' . Cll+~e'z,~ .~'I 1 40 ~- -f-~'~' (..~L~ 2 v, ~l'~ ~c.E' ~ ~• 'Q9SEP08 nr~l©.5729 ~~ .~ ~~~.~ ~--- ~~~ ~ ~~ ~ ~ ~ru~~-tn- ~- ~ Ate`"" ~,L ~~ z°'.''''`~" ~ K ~' ~~ ~ ~~u~~ ~ ~ , ~. ~~~ ` ~-g ~ fir, y~~ ,~ {~ c~~yc~c.LyL c ~L 4tu~~l 7~~,.,~,~„ cawirn o ~aror~ a ae~HCr sus see : sense ENBMEER116 O MUMCIML OrOPFAgIOM! ~ 8 IXE11f8 .- o SOl1Ct10N o TNEA6UXY ~l~ }oss~og ~~, a:ss:as Charles and Gail MacDonald August 31, 2009 Ms. Patti Barrie, Municipal Clerk 40 Temperance Street Municipality of Clarington Clarington, ON L1C 3A6 Dear Ms. Barrie, I am writing on behalf myself and my wife, whose family have summered on Bowmanville's West Beach since the 1920s. The cottage we now reside in once belonged to her "Auntie' Edith Robinson, who had local builder Charlie Heal construct it in 1925. So for us there is a close and long time connection to the cottage and West Beach. Our objective is to stay here on the West Beach as long as possible, while the new municipal park is being established. We believe that it will take a number of years to put the infrastructure in place for the park. Our presence in the area during that period would be a deterrent to acts of vandalism. Hopefully, we can reach an amicable agreement that will be beneficial to both parties. In closing, our years at the West Beach make up a large part of our family history and are the source of many happy memories. We have had so many good times here over the years with friends and family. Our wish is that we may spend our "Golden Years" here on the beach that we have grown to love. Sincerely, Chuck and Gail MacDonald P. S. We recently donated a painting to Mr. Charles Taws, cup Museum. The scene of the. West Beach was given to Auntie R. New, wife. of eminent McMaster University history professor Mildred's family resided in our cottage for many years. IIEMIED BY, . %~ . / V gwura- ;- c'arcr. o couru: n ~ oa~cnai ;• rrawwar ryTa '• ywpe :: ~o -, a uo ....... ... a sauaTee o ~ Oil[N 1-. Keyzers, Heather From:- rocs Sent: Thursday, September 17, 2009 7:51 PM To: MayorsExternalMailGroup; Foster, Adrian; Novak, Mary; Hooper, .Ron; Woo, Willie; Robinson,. /Gord; Trim, Charlie Cc: J Langmaid, Faye; Barrie, Patti ~^^~~,. Subject: Fw: Expropriation of the West Beach Lands -Cottage 6: Sharon H t~°`~U°Ifrow~- - ~, Robert Hutchinson ~ ~, ~, a -~n~ r SEP 3 i; ~iiUy Mayor Abernethy and alt Members of Council: v,y .~1 , F, SCE Thank you for taking the time to listen to our stories and presentations of our past history at the es As mentioned, our family and others, have spent their summers at the cottages since we were children. My father is now 92, has been going to Bowmanville since he was a child when his parents had a cottage on the Cove Road. Our cottage #6, built by my Grandfather: Assisted by my Uncle "Bruce Bakewell" -who is now at 93, remembers the cottage to this day. My uncle, still in good humour, has however indicated that his warranty work is completed. We would appreciate the opportunity to remain summer residents of the West Beach at least until which time the Town commences the park development and if realistic, as part of the park thereafter. Our presence at the beach would assist with security and our financial contribution in the way of rent, taxes and support of local retailers, will contribute to the local economy. This year to date, our rent and taxes total approximately $2,000. and in addition, apart from Gas receipts for our vehicles, our family has spent at least an additional $3,000. in Bowmanville. In recent years, renovation material for our cottage, roofing, siding, appliances, plumbing, shed etc. has been purchased locally. We look forward to hearing from you with regard to the proposed lease agreement for future years. As you can understand, if we were more certain of our future, we would offer more time and attention to our gardens and exteriors. The derelict buildings and abandoned vehicles, would not be missed if the town were to remove the unsightly ones. It is a sad situatidn that these buildings have become what they are as we have fonder memories of better times. When the town plans to remove the "white" cottage to the north of ours, we would appreciate advanced notice so that we can move our shed to avoid damage as it is adjacent to this building. Await your advise. Best Regards, Sharon Eccles for the owners of Cottage #6 CC Faye Langmaid CC Patti Barrie OCT 1 5 T~09 O SfgDNr1YS O CORPOg9rF O fNERriENGY .._...__ SERVICES SFflVICfS COPY 70: ~ NNYOq O NIECA~~` O CAO OF DISTR~JB , p REVIEWEDBY_• j$~~ oR~caaau ro: cnugcl~ ^ cougca DIRECTION INiORMAT~Y ~ O ~~ O OPEMi1ONS O SOLN:ITOq O TRFASUgY OTfIEq ATTACHMENT 4 TO REPORT PSD-112-09 PDHC Expropriation Meeting with West Beach Association Sunday, July 26, 2009 Attending: Don and Donna Adams; Gail and Chuck MacDonald; Shirley Fowler; Jean Severs; Sharon Eccles (and husband) and Judith Ginou (on behalf of Bert Hutchinson); Ted Bounsall; Gary Cole; Faye Langmaid from MOC Meeting had been organized and was called to order by Gazy Cole for an information session on what the Municipality's next steps aze in the process of expropriation of the land from Port Darlington Harbour Company. Faye explained that expropriation is of the lands owned by the Port Darlington Harbour Company, it has taken sometime to get to the point we are at now. Council has made a decision to proceed with expropriation. Started in 2004, when a number of expropriations on the East Beach were also approved by Council. From a long term perspective what Clazington is trying to do is to have publicly available lands at the Lakefront in Courtice, Bowmanville and Newcastle. for residents as the population grows. The Municipality owns some land in Courtice and is receiving additional lands from the Region as part of the development plans in the area (water treatment plant, energy from waste). In Bowmanville, emphasis has been on the East Beach but there is a long term acquisition plan that includes all the homes along West Beach road on the sand spit. In Newcastle the Municipality has received lands in Port of Newcastle and also has. Bond Head park which has been expanded in recent years through addition of 3 residential lots. The long term intention is to connect the waterfront lands back into the urban communities through the trails system. In Bowmanville, Valleys 2000 have assisted in the development of trails in both Soper and Bowmanville Valley it is a matter of getting them extended to the south over or under the 401. -The waterfront itself is connected by the Waterfront Trail From a budgetazy point of view, while there is an economic restraint going on currently, because the PDHC. lands aze part of a long term strategy funds have been accruing in a Reserve Account and the monies to purchase the lands are available. What may be delayed is the actual park development, it may become longer term than initially anficipated. Also Council has stated previously that East Beach is a higher priority for development than West Beach...but Council's change and priorities can change. Planning Services will be preparing a report for the fall to address the compensation to PDHC and also the options that Council has for addressing the residents of West Beach. There may be different solutions for the different arrangements ---seasonal leases of land (cottage owners), full-time resident that owns her cottage, and full-time residents that aze PDHC tenants Worst case scenario would be Municipality does not want any tenants on the lands what- so-ever. Even if this is the decision that Council takes the cottagers will be at the beach for 2009 summer and 2010 summer as well; just because of the notification requirements that is the way it would work out... Typically, the Municipality purchases properties and then.demolishes. To date, they have nofwanted to take on the role of landlord. In the couple of cases where there have been the tenants, there have also been some ongoing issues usually around maintenance. The residents made the point that they as the owner of the buildings would be responsible for their upkeep, have been on a year to year lease for 15 years and have had to make decisions about repairs, painting, new moves, etc. Residents (those present) are only looking for seasonal occupancy not year round. Currently they pay $2,000 per year (2 leases, one for occupancy May 15 to Sept 14 and one for storage of their cottage on PDHC lands) plus the taxes applicable to their cottages (which are all assessed individually). There are only 2 cottages in the back row of seasonal residents (Jean and Shirley). Most felt that their cottages would not survive a move, it would require an engineer to determine if they are capable of the move. Some of the add-ons would have to be removed and then re-attached separately, if they were to be moved. All of the seasonal cottagers have sand spit wells, most use the water for shower, washing, etc. Ted has his water tested annually and drinks it. Everyone else have had their water tested and not had a problem but most aze just used to bringing in water for drinking. All of the seasonal cottagers aze willing to allow the Municipal appraiser into their cottages to determine a value. David Thrift will contact them and determine a time to visit. Addresses and phone numbers were provided so that Faye can contact them "officially" for expropriation, if will include all the necessary forms and might look intimidating. Faye provided business cards to everyone and indicated they should just call if they have questions. Currently the garbage is picked up along West Beach Road, the truck comes in to turn around. The residents do not have any problem with taking their garbage up to the road, bigger problem is critters...usually pick-up is on Thursday and when residents leave on Sunday many of them take garbage because otherwise the raccoons get into it (cans deter them somewhat). Residents that are there during week keep an eye on garbage and only put it out when truck is coming. Discussion on a cage for garbage cans. When MOC takes possession one of the first items will be to demolish the buildings that do not meet property standards (Lots 1, 7, 14, 19, 21 and 32). Prior to demolition PDHC will have time to remove contents of buildings (they could do it now). Other non- . occupied buildings will also most likely be demolished (such as one that had the fire). Once those buildings are removed Council may wish to make area available to the public. Fire and emergency access will have to continue for the "pazk" as it is now. MOC is not looking at winter access (nor are the cottagers). When report goes forward to Council in the fall the residents will be notified and they will have the opportunity to present (just as they have previously). The renters have been very clear in what they are looking for from Council, they wish to stay. The options Council will have to consider are the request for life lease or fixed term or to not have tenants at all. Points thatcottagers can bring forward is that they are happy to have the public invited onto the site once derelict buildings are removed. The cottagers will be caretakers of beach which helps decrease vandalism, deviant behavior, deter midnight partiers, etc. cottagers are looking to similar arrangements as have occurred in Provincial and/or National Parks, Toronto Islands Trust is also an example. Would like to be able to come and enjoy the beach but not sell cottage in future or pass it onto next generation. This will have to get sorted out legally to guarantee to MOC that it does not continue in perpetuity: As cottagers pointed out they are on year-to year and have been for 15 years; anything that is longer te*_~n would be an improvement Gazy asked if they needed to send out a press release on their position. Faye indicated that at this point not really necessary, Council has heard their request, asked staff to investigate and come back with options. Residents will have ability to address Council when report goes forward. ATTACHMENTS TO REPORT PSD-112-09 ~he ~es~ ~eac~ association "L,i~e is ~etter by the ~ake, anc~ we ~ove to share it." ___- __ - - ~_ ~ F:r,- ~ ~~~ ~ September 28, 2009 , `'.~ f ~ Y Ms. Faye Langmaid ~ ~f i Manager of the Special Projects Branch ~ ,. ~ ~~ ._~ ~ ~ . ' The Municipality of Caarington ~ tr, , ,., . 3 ,~` 40 Temperance Street ~`° ~ ~ '~` Bowmanville, ON ~` ~ "; ""~ L1C 3A6 ~`~`=.9" Dear Ms. Barrie, On behalf of our cottage community on the West Beach at Port Darlington I am taking the liberty of writing to you with a progress report on the developments at the beach this year. As you will no doubt recall our association sent a delegation and two speakers to the council meeting of July 13`h, and were very impressed with the courteous reception we received. On Sunday, July the 26~' we had a very congenial and informative meeting with you at the Beach. Again, we were very pleased with the tone and outcome of this meeting and look forward to more dialogue of this nature with the municipality's staff and elected officials. Throughout the spring and the summer the members of our community have worked to improve the appearance and condition of our cottages, and the Beach in general. A brief rundown of these activities includes the painting of buildings, repairs to roofs, the rebuilding of sun decks, the trimming of grass, removal of weeds, and the raking of sand around the cottages. Early in the season a general "bee" was held with members removing driftwood and other flotsam and jetsam which had come down the hazbour with the spring floods, and deposited itself on the front beach. After this particulaz cleanup, the sand on the front beach was given its annual raking ±o make it cleaner, safer, a:~d more appe~lirg to ourselves and the general public. During this past summer we have had the pleasure of receiving many visitors to our Beach; these include several former residents of our area as well as many local people from "uptown." Many of these people discovered our Beach for the first time, and were impressed with it and the welcome they received here. One group that I believe deserve special mention are a group of about twelve teenaged boys who live on the Cove Road and come down here several times a year. While on the beach they do a type of surfing/ skiing pulled by a rope attached to a motorized winch. These kids are good, polite and clean cut boys and their surfing is an entertainment enjoyed by all of us. The boys are most welcome here. The ~est ~jeach association "Life is better by the (a~Ce, an~ we ~ove to share it." __ We also had several visits from local artist Ann Drury who has painted a number of pictures of the cottages in our area. All our members have gotten to know Ann, and a few have helped her with her research on the various cottages that she has painted. We would recommend that the members of Council and other citizens of Clarington visit her display that is featured in our Town Hall. These paintings are truly outstanding works of art and preserve on canvas an important part of our history, as many of the cottages depicted are derelict, and will likely soon be demolished in the new plan to cleanup the Beach. During the summer we had our usual. social events, including card parties, barbeques, community suppers, a pancake breakfast and the annual horseshoe tournament. We also screened a special showing of the Hollywood movie "Killshot", starring Mickey Rourke and Diane Lane. Parts of the film were shot on West Beach and featured some of our cottages. As you will have guessed by now it has been a busy, but enjoyable and rewarding summer holiday season for all of us. In closing this letter, the first of what I hope to be an annual report to members of our Municipal Council, I would like to extend a sincere invitation to the members of Council, the citizens of Clarington, and anyone else to come and visit us at any time. We would be happy to have you participate in our activities and enjoy the natural beauty, tranquility and charm of this beach we all love so much. Sincerely, ~~ .Gary CSC 1 r President of the West Beach Association _ _- ATTACHMENT6 TO REPORT PSD-112-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2009- being a by-law to authorize the Municipal Clerk on behalf of the Municipality of Clarington to issue Notices of Termination pursuant to the Residential Tenancies Act, 2009 to the owners of the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 that their respective ground leases are terminated on December 31.2010. NOW THEREFORE The Council of the Corporation of the Municipality of Clarington enacts as follows: 1. The Municipal Clerk is authorized on behalf of the Municipality of Clarington to issue Notices of Termination of their leases to the owners of the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 that their respective leases are terminated on December 31, 2010, so that their residential units can be converted to a use other than residential. 2. The Municipal Clerk is authorized on behalf of the Municipality of Clarington to make applications. to the Landlord and Tenant Board pursuant to the Residential Tenancies Act, 2006 to terminate the tenancies referred in Section 1 and evict the tenants. BY-LAW read a first time this 23rd day of November 2009 BY-LAW read a second time this 23rtl day of November 2009 BY-LAW read a third time and finally passed this 23`d day of November 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT? TO REPORT PSD-112-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2009- being a by-law to authorize the Municipal Clerk on behalf of the Municipality of Clarington to issue a Notice of Termination pursuant to the Residential Tenancies Act, 2006 to the tenants of the cottages on Lots 1 and 11 on Plan 345 that their respective leases are terminated the day that is 120 days after notice is given ending with the last day of the tenancy or the term. NOW THEREFORE The Council of the Corporation of the Municipality of Clarington enacts as follows: 1. The Municipal Clerk is authorized on behalf of the Municipality of Clarington to issue a Notice of Termination to the tenants of the cottages on Lots 1 and 11 on Plan 345 that their respective leases are terminated on 120 days after notice is given ending with the last day of the tenancy or term, so that their residential units can be converted to a use other than residential purposes. 2. The Municipal Clerk is authorized on behalf of the Municipality of Clarington to make applications to the Landlord and Tenant Board pursuant to the Residential Tenancies Act, 2006 to terminate the tenancies referred in Section 1 and evict the tenants. BY-LAW read a first time this 23rd day of November 2009 BY-LAW read a second time this 23rd day of November 2009 BY-LAW read a third time and finally passed this 23`d day of November 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk