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HomeMy WebLinkAbout2021-07-20• Clarington Heritage Committee Minutes July 20, 2021 *Subject to Advisory Committee Approval* If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Minutes of the Clarington Heritage Committee held via Microsoft Teams on July 20, 2021, at 7:00 PM. Members Present were: Peter Vogel, Victor Suppan, David Reesor (until 9:OOpm), , Steve Conway, Katharine Warren (Museum) (until 9:OOpm), Councillor Ron Hooper, Heather Graham, Ron Sproule, Noel Gamble Regrets: Bob Malone (NVDHS), Myno Van Dyke (NVDHS), Jason Moore (ACO), Staff Present: Faye Langmaid, Ryan Windle, Sarah Allin, Planning and Development Services Guests: Alfred Massardo, Liza Maw (4478 Highway 115/35) 1 Declaration of Interest There were no disclosures of interest stated at this meeting. 2 Land Acknowledgement Statement P. Vogel read aloud Clarington's Land Acknowledgement Statement. 3 Adoption of Agenda 21.32 Moved by V. Suppan, seconded by K. Warren That the Agenda be adopted, as amended, with the addition of the report on the site visit at 1697 Highway 2, Courtice under Project Reports. "Carried" 4 Adoption of Minutes of Previous Meeting 21.33 By Consensus That the minutes of the June 15, 2021 Clarington Heritage Committee meeting be adopted, with the clarification in Item 6.2 that it was Mrs. Massardo who was in favour of the designation of the property at 4478 Highway 115/35. "Carried" 5 Delegations/Presentations: 5.1 Alfred Massardo and Liza Maw Re: Request to Repeal Designation By-law for 4478 Highway 115/35 L. Maw provided a presentation which included family background, the history of Mrs. Massardo's involvement in the designation of the property in 1997, previous request and discussion on repealing the designation in 2008, and an overview of the maintenance and updates that have been undertaken to keep the home in good condition. Ms. Maw presented documents from insurance companies - 1 - Pin • Clarington Heritage Committee Minutes W.Aranfl9mil July 20, 2021 *Subject to Advisory Committee Approval* illustrating increasing property insurance premiums, and responses indicating coverage for heritage homes was not available. Ms. Maw indicated they are working with an insurance broker to find suitable insurance. Ms. Maw noted the option to place a property on the Municipal Register as a non -designated property was not available in 1997 when 4478 Highway 115/35 was designated and should be considered for the property today. This would alleviate the challenges they are having with property insurance. Ms. Maw expressed frustration in being caught between the designation by-law and the insurance companies, and that the repeal process is difficult. Committee members expressed concern about repealing a designation by-law as a result of property insurance challenges, when the significant heritage attributes identified in the by-law remain valid. The designation of a building is not undertaken lightly and requires evaluation to establish cultural heritage value and interest that is to be protected for generations. The same rigor is expected and required of the repeal process. Committee members inquired as to whether the property owners have contacted their provincial and federal representatives regarding the challenges they are having with insurance. Ms. Maw indicated she has contacted multiple insurance companies, is working with an insurance broker, has had a conversation with a representative of the Insurance Bureau of Canada, and has reached out to members of Provincial parliament. However, the concern is that they will not be able to address the broader issue of insuring designated heritage properties before the current property insurance policy expires in September. There appears to be many misconceptions about requirements for the replacement of heritage buildings and attributes among insurance companies and the public. The Ontario Heritage Act does not require the replacement in like kind and quality of heritage buildings or attributes that have been lost due to forces beyond the property owner's control. If property owners or insurance companies require such replacement, it is not because of requirements of the designation by-law. Committee members sympathized and acknowledged the property owners have a legitimate complaint that the insurance companies appear to be using heritage designation as a reason not to provide insurance or provide coverage at premiums that are higher as a result of the designation. However, the Heritage Committee's mandate is to address the conservation of local cultural heritage resources not property insurance. Committee members recognized and examined the cultural heritage value to be conserved and must make a recommendation based on whether the property has cultural heritage value or interest, and should be protected, which is the case with this property. A recommendation to repeal a designation by-law only based on the cost of property insurance would undermine the good work the Heritage Committee and Council have done over the years to conserve Clarington's cultural heritage. -2- Pin • Clarington Heritage Committee Minutes W.Aranfl9mil July 20, 2021 *Subject to Advisory Committee Approval* Councillor Hooper advised that Council passed a resolution #PD-211-21 at its July 5, 2021 meeting requesting that: That the Municipality of Clarington requests the Minister of Heritage, Tourism, Sport, and Cultural Industries to engage in meaningful dialogue with the Minister of Finance and the Insurance Bureau of Canada to initiate a review to address and ensure alignment between the requirements of the Ontario Heritage Act, the regulations governing insurance providers, and the policies and practices thereof, in order to better support, rather than penalize, owners of designated heritage properties, who act as stewards of the Province's significant cultural heritage resources throughout communities across Ontario. Council has proactively sent out the resolution to Premier Ford, Members of Provincial Parliament, and the Association of Municipalities of Ontario. Staff provided an overview of the limited number of similar requests to repeal in other municipalities (a request had been sent through the heritage planners network). There are a few repeal requests based on property insurance in Ontario. Generally, staff at municipalities where similar requests have been made, have recommended the designation be retained where there the cultural heritage value or interest is intact. To date, the Conservation Review Board recommendations generally support the same. Council decisions in such instances vary, in some cases Councils opted to repeal the designation in consideration of all variables. Committee members indicated their understanding that property insurance premiums and coverage is complex and is informed by a great number of factors, of which heritage designation is only one. There may be other factors contributing to the high cost of insuring the subject property that could be addressed with an insurance company willing to insure heritage homes. The Committee indicated it could pass along contacts of insurance companies that the property owner could contact, should they wish. Committee members thanked the delegate for the presentation and indicated it may be helpful to provide the same to Council for its consideration. Council has the authority to consider a greater range of variables. Consideration could also be given to providing the information to the appropriate authorities regulating the property insurance industry. 6 Business Arising 6.1 4478 Highway 115/35 Request to Repeal Committee members consider the June 15, 2021 motion 21.28 on this matter to still be valid, based on the advisory role of the Heritage Committee. The significant attributes of the property are intact, the Committee noted the property has cultural heritage significance and the designation By-law 97-17 should be maintained. The consideration of insurance and property value matters are not identified as criteria for consideration of cultural heritage value or interest under the Ontario Heritage Act and remain outside the scope of the CHC to -3- Pin • Clarington Heritage Committee Minutes I.Aranfl9mil July 20, 2021 *Subject to Advisory Committee Approval* address. Committee members noted Council may have the mandate to consider such external factors as part of its decision. Some members are opposed to the downgrading of the subject property to a non - designated property on the Municipal Register. Staff has been requested to confirm that the applicable Ontario Heritage Act legislation provides Council the authority to demote the property to a non -designated property on the Register. Staff will confirm with the Municipal Solicitor prior to Sept 13th Joint Committee Meeting. Committee members acknowledged the practices of insurance companies are those of a business industry. This matter of the challenges of insuring heritage properties has been around for some time and tends to be exacerbated by certain economic conditions. The Committee discussed providing a letter supporting the Council resolution and it be forwarded to higher levels of government requesting recipients address these challenges to ensure continued support for the conservation of Ontario's significant cultural heritage. The insurance matter is one that the Province should address as the regulator of the insurance industry. 21.34 Moved by K. Warren, seconded by R. Hooper "That a) staff draft a letter on behalf of the CHC draft a letter (i) in support of Council's July 5, 2021 Resolution #PD-211-21 regarding Insurance for Heritage Properties (ii) that outlines that the current policies and practices of the insurance companies as applied to designated properties are problematic, causing apparent difficulty for designated property owners who are stewards of Ontario's cultural heritage (iii) requesting urgent action be undertaken by senior levels of government to align the regulations governing insurance providers with the requirements of the Ontario Heritage Act in order to see this issue addressed so that insurance companies' business practices provide fair opportunity for designated heritage properties; b) the letter be circulated to appropriate authorities including, but not limited to, the Honourable Doug Ford, Premier of Ontario, local Members of Parliament, local Members of Provincial Parliament, the Insurance Bureau of Canada, the Ministry of Heritage, Tourism, Sport, and Cultural Industries, the Minister of Finance, the Financial Services Regulatory Authority, the Federal Office of the Superintendent of Financial Institutions, and Durham Region Heritage Committees; and c) the letter be drafted by July 30th in recognition of the urgency of this matter." "Carried" Councillor Hooper thanked the Committee and delegates for the discussion and input on this matter during this special summer meeting of the Heritage Committee. A copy of the letter sent by the Heritage Committee on this matter is attached to these Minutes. Pin • Clarington Heritage Committee Minutes W.Aranfl9mil July 20, 2021 *Subject to Advisory Committee Approval* 7 Correspondence and Council Referrals: None 8 Reports from other Committees: None 9 Project Reports 9.1 Municipal Inventory/Register: 1697 Highway 2, Courtice (Gay Family Dwelling): The subcommittee undertook a site visit July 14t" to determine whether any materials from the dwelling should be salvaged for commemorative purposes prior to the demolition of the building. The recommendation to salvage original bricks for use in a commemorative cairn has been provided to staff for consideration. 9.2 Outreach/Education Sub -committee: Cultural Heritage Information Stations Initiative: The sub -committee met prior to the CHC meeting to discuss the direction for the project. The sub -committee has some homework to do before bringing the information back to the full Committee in the fall; including site visits to determine potential locations and formats for the information stations. 10 New Business: None Adjournment: 9:15 p.m. Next Meeting: September21, 2021, 7:00 p.m. We