HomeMy WebLinkAboutPSD-050-10Clarington
Leading the Way
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION
Date: April 19, 2010 Resolution #: C,Pq-a34 ~0 By-law #: ~~U" ~~/
Report #: PSD-050-10 File #: RE 6.1.17, PLN 15.2.1
Subject: OFFER OF COMPENSATION TO COTTAGE OWNERS RESPECTING THE
EXPROPRIATION OF THE WEST BEACH LANDS FOR
BOWMANVILLE WATERFRONT DISTRICT PARK
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-050-10 be adopted;
2. THAT Council approve the offer of settlement set out in the letter from Faye Langmaid
to Chuck MacDonald and Gary Cole dated March 12, 2010 (Attachment 1 to Report
PSD-050-10) and accepted by the cottage owners listed in Schedule 1 as set out in
their consent (Attachment 8 to Report PSD-050-10 Under Separate Cover);
3. THAT the Municipality's solicitor be authorized to:
(i) prepare a Memorandum of Understanding between the Municipality and the
cottage owners listed in Schedule 1 to Report PSD-050-10 containing provisions
necessary to give effect to the offer of settlement referred to in paragraph 2, and
(ii) protect the Municipality's interests as considered to be appropriate by the
Director of Planning Services, and to prepare the leases and other documents to
implement the Memorandum of Understanding;
4. THAT Council pass a by-law (Attachment 9 to Report PSD-050-10) to authorize the
Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute the
Memorandum of Understanding and the leases and documents necessary to implement
the intent of Report PSD-050-10 as referred to in Recommendation 3; provided that the
Municipality is satisfied that the cottages are fit for habitation and in compliance with
health, safety, housing and maintenance standards;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-050-10 PAGE 2
5. THAT subject to the execution of the Memorandum of Understahding referred to in
Recommendation 3, the Municipal Clerk be authorized to withdraw the applications to
the Landlord and Tenant Board under the Residential Tenancies Act, 2006 to terminate
the tenancies of the cottage owners who have executed the Memorandum of
Understanding;
6. THAT the Director of Planning Services be authorized to continue discussion with the
owners of the cottage on Lot 17 on Plan 345 regarding settlement of compensation for
all claims under the Expropriations Act and/or arrangements respecting the relocation of
the cottages to other lands and report back at a later-date;
7. THAT the Director of Planning Services continue to pursue the notice of termination of
the owner of the cottage on Lot 17 on Plan 345 under the Residential Tenancies Act,
2006 unless a settlement is reached in advance of the hearing;
8. THAT the Director of Operations be authorized to demolish the buildings and structures
previously owned by the Port Darlington Harbour Company (the structures oh all other
lots except those listed in Report PSD-050-10);
9. THAT the Director of Planning Services, the Municipality's Solicitor, the Municipal Clerk,
the Director of Operations and the Director of Engineering Services are authorized to
take all necessary actions to implement the intent of Report PSD-050-10, the
Memorandum of Understanding referred to in Recommendation 3 and leases and other
documents necessary to implement the MOU; and
10 THAT all interested parties be notified of Council's decision.
Submitted by: t'i Reviewed by: ~\ ~ ~-\ . ~~
y Lan a , FCSLA, MCIP Franklin Wu,
cting Director of Planning Services Chief Administrative Officer
FL /sn/df
13 April 2010
REPORT NO.: PSD-050-10 PAGE 3
1.0 PURPOSE
1.1 As a result of the expropriation of the West Beach lands, the cottagers who own .
cottages on the lands may be entitled to compensation for disturbance or relocation
damages under the Expropriations Act. As part of the adoption of PSD-112-09 Council
authorized staff to meet with the cottagers to pursue discussions; "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". The purpose
of this report is to update Council on the discussions and progress to date.
2.0 BACKGROUND
2.1 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' (Port Darlington Harbour Company) and the ground tenants
(cottage owners) interests in these lands by By-law 2009-081 at its June 15th meeting.
2.2 Report PSD-056-09 also recommended that Council pass a by-law to authorize the
Mayor and the Municipal 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 15th as By-law 2009-084. Expropriation plans were registered
on September 10th, 2009 under the Land Titles Act and the Registry Act.
2.3 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. The Municipality complied with
Sections 25 and 39 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.
2.4 Port Darlington Harbour Company (PDHC) chose the date on which they were first
served with the Notice of the Hearing of Necessity being, January 14th, 2005. Staff
Report PSD-112-09 addressed the compensation to be provided to PDHC.
2:5 The owner of the cottage on Lot 2 on Plan 345 (Attachment 2) has selected the date of
the registration of the expropriation plans, September 10th, 2009. The owners of the
cottages on Lots 5, 6, 10, 15, 17, 36, and 39 on Plan 345 did not respond to the Notice
of Expropriation. In such circumstances The Expropriations Act deems that
compensation be assessed as of the date of the registration of the expropriation plan
which was September 10th, 2009.
REPORT NO.: PSD-050-10
PAGE 4
2.6 The appraiser retained by the Municipality determined compensation for the cottagers
who have rights independent of PDHC. "The cottages add intrinsic 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 placed on the cottages in his retrospective appraisal report
totaled $19,221.00 for the eight cottages not owned by the PDHC. Each of the
cottagers was paid the value indicated in Report PSD-112-09 in December 2009 and all
of the cheques have been cashed.
2.7 The Municipality is now in possession of the land and is preparing for the removal of the
derelict cottages. To remove the structures the Municipality is in possession of, suitable
arrangements should be made with the cottagers who own their buildings prior to the
lands being made available for public access.
3.0 WEST BEACH PARK DEVELOPMENT
3.1 One of the purposes of acquiring the lands was to provide public access to the Beach
portion of the lands for the residents of Clarington. In anticipation of obtaining the lands,
conceptual park development plans were prepared and approved by Council. The Port
Darlington Waterfront Park concept was approved November 8, 2004 (Attachment 3).
Twc subsequent amendments were made. to the Concept Plan, Amendment #2 to
report EGD-050-04 included refinements to the design of the parking layout on the West
Beach and protection of the sand dune area (Attachment 4).
3.2 The park will not be developed in the immediate future. The Engineering Services
Department capital forecast (2011-2014) does not include monies for the development
of the West Beach; currently it is tentatively scheduled for 2018; however this could
change based on funding availability.
3.3 When the derelict cottages are removed rehabilitation of the land that has been cleared
would be appropriate. To ensure that the sand dune does not begin to shift, fencing off
the dune and restricting access to designated walking paths is recommended. In
addition, the planting of dune grasses would help ensure that the dune stays in place.
3.4 Staff have met with representatives of CLOC; the dune is a unique natural feature, the
west beach is considered hazard lands by the CLOC regulation and Clarington's Official
Plan. The Bowmanville/Westside Marshes Conservation Area managed by CLOC is
very close in proximity. CLOC staff are interested in assisting the Municipality in
developing the rehabilitation plans for the dune area, they are knowledgeable and
familiar with the appropriate techniques and species for revegetation and willing to
assist the Municipality.
3.5 The West Beach Cottage Association in their letter to Council from September 2009
(Attachment 5) encouraged access by the public and indicated they are willing to act as
on-site stewards of the beach area.
REPORT NO.: PSD-050-10 PAGE 5
4.0 COMMENTS
4.1 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 6). The owner of the
cottage on Lot 17 has indicated a preference for being compensated and is no longer
residing at the Beach.
4.2 Staff met with the cottage owners in July 2009 to explain the expropriation process,
hear from the cottagers as to their future desires and answer questions. In November,
2009 when Report PSD-112-09 was proceeding to Council, staff met with the cottage.
owners to explain the report. In February, staff met with each of the cottage owners
individually to explain their rights under the Expropriations Act and the Residential.
Tenancies Act.
4.3 While if 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, one of the
reasons that the Municipality acquired the west beach lands is to develop a district park
which would include public access to the beach. The Municipality issued notices of
termination to all the cottage owners to achieve this purpose. This essentially means
that the cottage owners have the option to relocate their building or vacate the site by
December 31, 2010.
4.4 Each cottage owner is entitled as set out in the ground lease to relocate the cottage
upon the termination of the lease. In January, 2010 a house moving contractor. visited
the site with staff and made the determination that the majority of the cottages could not
be moved (Attachment 7). In addition, the price to relocate the cottages has to be
balanced against the cost of upgrading that would be required to obtain the building
permit from the Municipality to which they are being moved and the costs for any
refurbishment required by the relocation.
4.5 In addition to the market value compensation for the ground leases which has been paid
out, the cottage owners may be entitled to further compensation under the
Expropriations Act. Due to `Yhe unique nature of the subject dwellings, and insufficient
evidence available, jthe appraiser wasJ not able to adequately address the issues of
Disturbance or Relocation for the Land Lease tenants" in his appraisal report
(November 2009). Council authorized the Director of Planning Services to have
discussions with the cottage owners regarding any claim they may make or further
compensation.
REPORT NO.: PSD-050-10 PAGE 6
5.0 PROCEEDINGS UNDER RESIDENTIAL TENANCIES ACT
5.1 Following Council's approval of PSD-112-09 the Municipal Clerk issued "Notices of
Termination" for a ground lease to the owners of the residential premises (cottages) so
that the Municipality could demolish-the cottages and convert the leased properties to a
non-residential use. In this case, The Residential Tenancies Act, 2006 requires a year's
notice ending with the end of the term of the lease (effectively the land tenants had
been on a year to year lease). The landlord, in this case the Municipality, paid the
tenant compensation ih the amount equal to one year's rent. For the cottage owners on
ground leases, the amount of one years rent was $1800.00. This amount was paid to
each of the tenants in December 2009 and all of the cheques have been cashed.
5.2 Each of the owners of the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 ih
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 advised that
in his opinion the Landlord and Tenant Board would treat these leases as 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.
5.3 As a result of the notices of termination to the owners of the cottages on Lots 2, 5, 6, 10,
15, 17, 36 and 39 on Plan 345, a hearing before the Landlord and Tenant Board was
set for February 17, 2010. Prior to the hearing staff met or had a telephone
conversation with each of the owners explaining their options and legal rights under
both the Expropriations Act and the Residential Tenancies Act. Staff were able to come
to an agreement with the cottagers for an adjournment for approximately 90 days. The
Landlord and Tenant Board has set the next hearing date for May 19th, 2010.
5.4 The adjournment by the Landlord and Tenant Board was to allow time for the
Municipality to meet with the seasonal tenants to try and resolve how the relocation of
their buildings could be addressed. In the cases where the Municipality and cottalge
owner have not been successful in coming to a settlement, the hearing on May 19 h will
proceed.
6.0 PROCEEDINGS UNDER EXPROPRIATIONS ACT
6.1 While, the cottage owners have the right to remove their buildings; the house moving
contractor does not recommended it. The cottage owners may have a claim to
additional compensation including disturbance or relocation damages under the
Expropriations Act.
6.2 The majority of the West Beach Association appointed two members to negotiate on
their behalf with the Municipality. Staff met with Gary Cole and Chuck MacDonald on
March 11 where the concept of a Memorandum of Understanding (MOU) between the
Municipality and the majority of the cottage owners was discussed. Staff prepared a
REPORT NO.: PSD-050-10
PAGE 7
letter outlining the contents of a MOU (Attachment 1) which has been discussed with
the members of the West Beach Association by the representatives that met with staff.
6.3 We are in receipt of letters (Attachment 8 under separate cover) from the majority of the
cottage owners who are in agreement with the conditions outlined in the letter regarding
the proposed MOU.
6.4 Should the MOU referred to in the recommendations of this Report be executed on
behalf of the Municipality, the Municipal Clerk should be authorized to withdraw the
applications pending before the Landlord and Tenant Board to terminate the ground
leases to the cottage owners who have executed the MOU.
6.5 The owner of the cottage on Lot 17 has indicated that she would like to be compensated
for the replacement value of her cottage. However, under the Expropriations Act she
may be entitled to some additional compensation including disturbance or relocation
damages, not the replacement value of the cottage.
6.6 Attempts to come to a reasonable settlement have to date proven unsuccessful. To
finalize on the compensation to be paid to the owner of the cottage on Lot 17 the
Municipality may be required to make an application to the Board of Negotiation under
the Expropriations Act and if necessary to commence proceedings before the OMB to
reach a resolution of the amount of the compensation to be paid to the owner of the
cottage on Lot 17.
7.0 CONCLUSION
7.1 The interests of the owners (PDHC) of the west beach lands and ground lease tenants
(cottage owners) have been expropriated. The leasehold interests of the owners of the
cottages located on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 have been valued
as of the Valuation Date by the appraiser and the cottage owners have been paid out
for their leasehold interest.
7.2 Council authorized the Director of Planning Services to enter into discussion with each
of the cottage owners to determine if suitable arrangements could be made for the
relocation and/or compensation of their cottages (Recommendation #8 of PSD-112-09).
In the meantime, the notices of termination and applications to the Landlord and Tenant
Board were issued to protect the Municipality's interests.
7.3 Attachment 1 is the basis for a Memorandum of Understanding with the majority of the
cottage owners. The MOU will allow the cottage owners seasonal access to their
cottages for the next 5 years based on these cottage owners signing over ownership of
their structures to the Municipality and abiding by the conditions set out in the MOU. It
is recommended that the Municipality's Solicitor and staff prepare the necessary
documents for signature by the parties.
REPORT NO.: PSD-050-10
PAGE 8
7.4 As a precondition for the Municipality to enter into the MOU staff will need to inspect the
cottages to determine their state of repair, that they are fit for habitation and are in
compliance with health, safety housing and maintenance standards. If the cottages do
not meet these standards, the cottage owner will have the right to bring them into
compliance at their cost.
7.5 The Director of Operations should be authorized to demolish the buildings and
structures previously owned by the Port Darlington Harbour Company. This includes all
the structures on the lots other than Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345.
7.6 Once the cottages are removed, the land will require some rehabilitation to ensure that
the sand remains stabilized. Engineering Services Staff will work with CLOC to ensure
that the measures taken following demolition are appropriate to retain the dune and
provide for its protection. Funds for the demolition and rehabilitation work will be drawn
from the land acquisition account.
Staff Contact: Faye Langmaid
Attachments:
Schedule 1 -List of Cottage Owners
Attachment 1 -Letter regarding MOU
Attachment 2 -Plan 345, showing location of cottages owned by individuals
Attachment 3 -Nov. 2004 Concept Plan for Port Darlington Waterfront Park -West Beach
Attachment 4 -Amendment 2 to Port Darlington Waterfront Park -West Beach
Attachment 5 -West Beach Association -annual report
Attachment 6 -Letters from Cottage Owners to Council
Attachment 7 -Record of Meeting with House Mover
Attachment 8 -Letter from Cottage Owners regarding MOU (Under Separate Cover)
Attachment 9 - By-law to authorize MOU
Interested parties to be notified of Council's decision:
Port Darlington Harbour Company
Andre Wiggers Construction Co. Limited
Chris Williams, Aird & Berlis
Karl Anselstetter
Robert Hughes
Don & Donna Adams
Gail & Chuck MacDonald
Shirley Fowler
Jean Severs
Sharon Eccles and Judith Ginou
Edwin (Ted) & Lynda Bounsall
Gary Cole
Bonnie & Tammy Nicholson
Mavis Carlton
Port Darlington Community Association c/o
Glenda Geis
SCHEDULE1
WEST BEACH ASSOCIATION (cottage owners)
Name Consent Agreeing to
MOU
Don & Donna Adams Yes
Gail & Chuck MacDonald Yes
Shirle Fowler Yes
Jean Severs Yes
Sharon Eccles and
Judith Ginou Yes
Edwin Ted & L nda Bounsall Yes
Ga Cole Yes
Bonnie Nicholson Would refer com ensation
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
Attachment 1
To Report PSD-050-10
Clarington
Energizing Ontario
March 12, 2010
Chuck MacDonald and Gary Cole
RE: PROPOSED SETTLEMENT WITH COTTAGE OWNERS ON WEST BEACH
FILE NO.: PLN 15.2.1
As discussed during our meeting of March 11, 2010, West Beach cottage owners have a
number of options they should consider with respect to the future use of their cottages.
Specifically, they cculd move their buildings off of the West Beach lands, pursue legal action
under the Expropriation Act, or enter into a Memorandum of Understanding with the
Municipality.
If the cottagers wish to pursue a Memorandum of Understanding (MOU) the principles of such
an agreement would have to be presented to and accepted by Council and agreed to by the
cottagers.
The MOU would provide for the transfer of the participating owners' cottages to the Municipality
for a nominal consideration (likely by a simple bill of sale) in exchange for a lease back with
seasonal and non-seasonal occupancy. These leases would be annual leases for nominal rent
and would be similar in structure to the leases that existed with Port Darlington Harbour
Company. The recommendation from staff to Council would be that the Municipality should
commit to flue years.
The MOU and the lease to participating cottagers would contain the following:
• An acknowledgement that the road (that is, the continuation of West Beach Road) will be
maintained by the Municipality for use only during the periods when seasonal occupancy.
of the cottages is permitted (May 15 to Sept. 15).
• An acknowledgement that all buildings and structures, except those that are leased back
to the cottagers on the West Beach lands, will be demolished by the Municipality.
• An acknowledgement that water and sanitary sewer services are not available and will not
be provided by the Municipality.
• A covenant that each cottager will be responsible for the construction and maintenance of
sewage holding tanks or other acceptable method of dealing with sewage as required by
the Durham Public Health Department and for the pumping out of the tank or removal of
waste when required at the cottager's wst.
C 01YP~7RAT17DN f~~.~HE,tilEli!'NIC~.+Rk'W,7TY G/F 1~LARk~/GTOty
40 TEMPERANCE STREET, BOWtdIANVILLE, ONTARiOJ L1C 3k6 T SQye23-3379
Chuck MacDonald and Gary Cole
West Beach Association
• A covenant that each cottager will be responsible for the cosf of either purchasing,
transporting and storing potable drinking water, or maintaining a well with appropriate
testing for potable water in accordance with Durham Public Health's requirements.
• A covenant that each cottager pay for utilities and property taxes.
• A covenant that each cottager maintain their cottage in good repair at their expense.
• A covenant by each cottager that it will not drive vehicles or walk on the sand dune area
and an acknowledgement that the Municipality will restrict access to the sand dune area
by fencing or other means and create designated walkways.
• An acknowledgment that the general public will have access to the beach.
For the Municipality to enter into the MOU they will need to inspect the cottages to determine
their state of repair, that they are fit for habitation and are in compliance with health, safety,
housing and maintenance standards. If the cottages do not meet these standards, the cottager
will have the right to bring them into compliance at their cost. The inspections would be carried
out before the MOU is signed.
The MOU would provide for the withdrawal of the Municipality's applicatiohs for orders of
termination currently before the Landlord and Tenant Board with respell to the leases by the
participating cottagers.
The Municipality would be responsible for preparing the MOU, leases and any other legal
documentation necessary to put the MOU in place at their cost.
The MOU -would provide for the acceptance by the participating cottagers that d represents their
compensation with respell to all claims they might otherwise make under the Expropriations
Act.
I realize that you will need sometime to discuss these matters with the other members of the
West Beach Association. However, I would like a response by early April so that a staff report
could be prepared and forwarded to Council well in advance of the hearing date of May 19.
Should you have any questions please feel free to contact me.
Yours truly,
QQQ
Faye Langmaid
FLan
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To Report PSD-050-10
The West each association
"Life is better 6y the lake, and we love to share it
rY v !
September 28, 2009 ` '~
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Ms. Faye Langmaid
Manager of the Special Projects Branch ` p 4',~r!#y(t~! '
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The Municipality ofClarington ,
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Bowmanville, ON iJr
L1C 3A6
Dear Ms. Barre, ,
On behalf of ow cottage community on [he 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 ow association sent a delegation and two speakers to the
council meeting of July 13"', and were very impressed with the courteous reception we received.
On Sunday, July the 261h we had a very congenial and infomuuive 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 s~m~ the members of ow community have worked to
improve the appearance and condition of ow 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 geneml "bee" was held with members removing driftwood. and other
flotsam and jetsam which had come down the harbow with the spring floods, and deported itself
on the front beach. After this particular cleanup, the sand on the final beach was given its annual
raking to make it cleaner, safer, and more appealing [o owselves pad 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 ow Beach for the first time, and were impressed with it and tbe
welcome they received hen;.
One group that 1 believe deserve special mention are a group of about twelve teenaged
boys who live oa the Cove Road and come down here several times a year. While on the beach
they do a type of sung/ skiing pulled by a rape attached to a motorized winch These kids are
good, polite and clean cut boys and thew sung is an entertainment enjoyed by sU of us. The
boys are most welcome here.
The West each association
°°L,i~c is better by the lake, and we love 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 tNly outstanding wmks of art and preserve on camas 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 scroened
a special showing of the Hollywood movie "Killshot", starring Mickey Rourke and Diane Lane.
Parts of the film were shot on West Beech 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 fast of what I hope to 6e an annual repoR to members of our
Municipal Council, I would like to extend a sincere inviffition 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,
_' i,il
wary co ~ .,
President of the West Beach Association -~, ~ , `~
~~
Attachment 6
To Report PSD-050-10
~pg~--_ -
SEP 1 i 20D8
August aa, zoos
~(.V,~c,~ ~d~fs~
I am writing is regazda to the possible continued use of the went Beach
In Howmaziville as a summer residency.
I have been connected to the Neat Heach for over sixty years end can
remember the area ae a vast expanse of white Band. 1Peglect because of
unueed cottages and an owner not active in preserving the area ae a
sandy beach hoe allowed it to beconw: 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 etate.-
77ie summer realdents could perhaps aid Sn the restoration of the sandy
beach and continue to keep the beach wced-free. we could also keep an
eye oa the use and abuse of the beach along with eupexviefon by town
staff.
A lease of several years woulfl esbetantially add to the continuity of
observation and overall care of the area.
'Z have had maintenance done-on mY cottage this year and will continue
to do wzk ae is ostensory but any large expense will depend on Che
decisim of council ae to the continued use of the'cottagea Snthe
auimnez. we are hoping for good news in this regard.
when I am unable to coma to the cottage due to age or health the use
of Che cottage will sad. I have been leasing oa.a year to year basis but .
a five-year lease would certainly help with plane to keep thla beach
healthy for all who would use it.
I anxiously await the outcome of the decision of council aad-
the beet. ~ - ~~..m~ssi.~'.hu -1~
Yours
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DISTAIB ION . , ~Y Cole
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August 31, 2009
Ms. Patti Barrie, Municipal Clerk
40 Temperance Street
Municipality of Clarington
Clartngton, ON
L1C 3A6
bear Ms. Barrie,
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I am writing to you es 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 ties been in the same hands for over !wanly
yeas. We are not recent arrivals and all of us ere senior citizens. Two of us are over dgluy with
the rest being is their sixfles and seventies.
Our main concern, now that the municipality has takes over ownership of the land ttun
our cottages occupy, is that the land will be cleared and leR in an undeveloped state for many
years 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 :mtil the new park is m established reality. Also during the transition period we
could act as watchman for the municipality maintaining security in the area As you know
vandalism is always a problem in unpatrolled perks; therefore, our continued presence would not
create a problem for the town but would, in fact, be a solution for arty problems that could arise
in the future.
Thus, I suggest that our community be allowed to camirtue 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 is Prince Edward County's Sand Banks Park and oa the
Toronto Islands. Please note that with the advanced ages of our manbers this would not be a
long time as we area "dying breed." Tmstrng that you will be agraable to these fair and
reasonable proposals.
I remain }ours, ~~.
~(~cttC._
Gary Cole
P.S. I hope that as the new park evolves all the grass and wads are removed leaving the pure
white sand 1 remember as a boy. I would also like to suggest the new park be celled the "Port
Darlington Sands."
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Chazles and Gail MacDonald
August 31, ?A09
Ma Patti Barrie, Municipal Clerk
40 Temperance Street
Municipality of Claringron
Clarington, ON
LiC 3A6
Dear Ms. Barrie,
I am writing on behalf myself and my wife, whose family have summered on
Bowmanville's West Beach since the 1920x. The cottage we now reside in once belonged
to her "Auntie" fidith Robinson, who had local builder Chazlie Heal construct it in 1925.
So for vs there is a dose and long tune connection ro the cottage and West Beach.
Our objective is to stay here on the West Beach as long as possible, while the new
municipal pazk is being established. We believe that it wltl take a number of years to
put the inhastructure in place for the pazk. Our presence in the area during that period
would be a deterrent ro acts of vandalism Hopefully, we can reach an amicable
agreement that will be benefidal to both parties.
In closing, our years at the West Beach make vp a large partof 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
~. ,o wu
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P. S. We recently donated a painting to Mr. Charles Taws, cur " ~ i+i~
Museum. The scene of the, West Beach was given ro Auntie Ro
New, wife d eminent McMaster University history professor ,~.4~
Mildred's family resided in our cottage for many yeazs. o eumr o tw
ono
iAGE1V~uN
Keyzers, Heather
From: _
Sent: Thursday, September 17, 2009 7:51 Pti~ - _ ---
To: ~ /MayorsEktemalMailGroup; Foster, Adrian; Novak, Mary, Hooper, Ron; Woo, Willie; Robinson,
Ce: "/ Langmaid, ~Faye~Bartie, Patli ~~
SubJxt: ~ Fw: Exproprfatlon of the West Beach Lands -Cottage 6: Sharon H t-" ¢"
Robert Hutchinaon~ a, g'° ~ $c--U
~.' :,
SEP 3 0 2009
Mayor Abernethy and alt Members of Council: ~,,;u;.,OipgC{try
k >w1AYOR'g Ct~F+lYGiO{f
- OFFICE
Thank you for taking the Ume to Osten to our stories and presentations of our past history at the
Aa mantloned, 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 parems had a cottage on the Cove Road. Our cottage
if8, built by my Grandfather. Assisted by my Untie "Bruce Bakewell" -who is now at 93, remembers the cotage to this day.
My uncle, still in good humour, has however indicated that his warranty work is camplated. -
We would appreciate the opportunity to remainsummer residents of the Weat Beach a< least until wh~h tlme the Town
commences the park devebpment and if realistic, as part of the park tlrereafter. Our presense of the beach would assist with
security and our financial contribution inthe.way of rent, taxes and support of local retailers, wid wntribute to the local
economy. This year to date, our rent and taxes total approximatey $2,000. and in addOion, apart horn Gas raceiPts for our
vehices, our family has spell et leastan additional $3,000. in BowenamiUe, In recent years, renovatbn material for our
maage, roofing, abing, appsanees, plumbing, shed ate. has been purchased kxally.
We look forward 6o hearing from you with regard to the proposed lease agreement for future years. Ae you can
understand, K we were more certain of our future, we would otter more time and adentbn to our gardens antl ezreriors.
The derell~K builfinga ant abandoned vehicles, weld not be missed it the town were to rertxwe the unsightly ones. It is
a sad situation that these buildings have becortre what tlrey are as we have fonder memories of better tlmes.
When the town plans to remove the "whke" collage to the noM of ours, we would appreciate advanced notlce so that we
can move our shed to avoid damage as O to adjacent to this building. -
Await your advise.
Beat Regards,
Sharon Eccles
Por the ownere of Cottage
CC Faye Langmakl
CC Palo Bartle
~ OCT 1 5 1009
hgg11GPAUTY OF CLF9INGTOW
PIANIMMG DEPMTMENT
o ~o roe
AM1Oq ° v~ o ca
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GOER
Attachment 7
To Report PSD-050-10
Record of Meeting
January 7, 2010
Peter Katcher, Owner of Pollazd the Mover, House Movers
Faye Langmaid, Manager of Special Projects, Municipality of Clarington
Met on Site as West Beach to determine if the seasonal tenants cottages could be moved
and the possible costs and issues associated with moving them.
Don and Donna Adams Could be moved $7,500 to $8,000 (remove
veranda)
Gail and Chuck Not recommended Overall dimensions a problem
MacDonald
Shirley Fowler Could be moved $7,500 to $8,000 (remove
addition at side)
Jean Severs Not recommended Additions would have to be
removed, roof has about 8
layers-carrying considerable
wei ht
Sharon Eccles Not recommended Length is 47' and width is 26'
(Hutchinson)
Ted and Lynda Not recommended Additions would have to be
Bounsall removed
Gary Cole Not recommended 2storey-height would be an
issues as would overall size
In Peter's opinion these cottages would have to be moved a far distance to another
property that required a seasonal dwelling, somewhere like Kinmount or further north as
a hunt camp. Buildings that are being moved aze often inspected by the building
inspector of the Municipality (they are being moved to) to ensure that they meet current
code. These buildings might require upgrades to electrical, plumbing and other aspects to
meet code requirements.
The limiting factor for the move is the route that the buildings have to exit. West Beach
Road is not very wide, tree trimming would be required as would the lifting of hydro
lines which aze fairly low (the buildings have peaked rooves and may not fit under the
lines). There is another low wire cross road wire where West Beach Road turns towazds
Port Darlington Road. There is a pinch point on West Beach Road where there are 2
hydro poles, one on each side of the road with clearance between being 25 feet. The trees
that require trimming aze on private property or CLOCA lands and permission would
have to be obtained.
CONFIDENTIAL REPORTS
✓ G PA
REPORT NO. PSD-050-10
Attachment Only
Resolution#:
By-law#:
DATE OF REPORT: February 1 , 2010
Attachment 8 — Letters from West Beach
Association residents
Attachment 9
To Report PSD-050-10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
being a By-law to authorize the execution of the Memorandum of Understanding
between the Corporation of the Municipality of Clarington and
Don and Donna Adams -
Gail and Chuck MacDonald
Shirley Fowler
Jean Severs
Edwin (Ted) and Lynda Bounsall
Gary Cole
Sharon Eccles and Judith Ginou
WHEREAS at its meeting of April 26, 2010, the Council of the Corporation of the
Municipality of Clarington adopted the recommendation contained in Report PSD-050-10;
NOW THEREFORE, the Council ofthe-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
Corporation of the Municipality of Clarington and Don and Donna Adams, Chuck
and Gail MacDonald, Shirley Fowler, Jean Severs, Edwin (Ted) and Lynda
Bounsall, Gary Cole, Sharon Eccles and Judith Ginou.
BY-LAW read a first and second time this 26`h day of April 2010
BY-LAW read a third time and finally passed this 26'h day of April 2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk