HomeMy WebLinkAboutCS-39-95THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Date: DECEMBER 4, 1995
Report #: CS -39 -95 File #:
Subject: ENNISKILLEN HALL
L o�
9s
By -Law #�
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend
the following, FORTHWITH:
1. THAT Report CS -39 -95 be received;
2. THAT Council approve the acceptance on behalf of the Municipality of a quit claim transfer
from each of the Official Boards of the Enniskillen United Church of Canada, the Grand
Orange Lodge of Canada and the Northumberl and- Cl arington Board of Education of their
respective interests in the Enniskillen Community Hall lands which are more particularly
described as part of the south half of Lot 18, Concession 8, Geographic Township of
Darlington;
3. THAT Council pass by -laws in the form of the by -laws contained in Appendix A to accept
the quit claim transfers referred to in Recommendation No. 2;
4. THAT at the request of the Northumberl and- Cl arington Board of Education, the front entry
sign at the Hall be given to them for historical purposes;
5. THAT Council accept the tender of the G. McQuaid Contractors for the demolition of the
Enniskillen Community Hall who is the lowest responsible bidder meeting all terms,
conditions and specifications of the quotation; and
6. THAT the required funds (in the amount of $4,587.00 plus tax) be drawn from the Parkland
Cash -in -lieu Fund 1110 - 00166 -0000 (Attachment No. 1).
1.0 BACKGROUND:
1.1 Council at its October 7, 1993 meeting directed correspondence from Rev. McGill to the
Director of Community Services for a report over the deterioration and unsafe condition of
the Enniskillen Community Centre (Attachment No. 2).
./2
PAPER E v E 903
PI 15 Is PRIMEDO RECYCLED PAPER
REPORT CS -39 -95 - 2 - DECEMBER 4, 1995
1.2 The Enniskillen Community Hall was established on October 15, 1942 by a written
agreement. The Community Centre has been actively used up until 1992 by the United
Church of Canada.
1.3 The Centre is not in good building condition and no tenants have or can utilize the building
without major work.
1.4 In researching the actual ownership of the property, there is no record indicating a transfer
to the Municipality from the former Village of Enniskillen.
1.5 As the Municipality has not expended money on the Hall or Hall property and that the title
is not clear, the position the Municipality has taken is that it does not own the Hall at the
present time.
1.6 The terms of the agreement established by the last registered conveyance indicates that the
premises are to be conveyed to Royal Orange Lodge. Enniskillen United Church and the
Northumberland, Clarington Board of Education in that order. Quit Claim Deeds from each
of the Official Board of the Enniskillen Church, Northumberland Clarington Board of
Education and the Grand Orange Lodge of Canada in favour of the Municipality were
requested (Attachment No. 3).
1.7 The Quit Claim Deeds will enable the Municipality to establish a legal interest in the
property and the right to proceed with whatever course of action as determined.
1.8 As of October 10, 1995, Quit Claim Deeds were received from all parties, Attachment No.
4, 5 and 6.
2.0 RECOMMENDATIONS:
2.1 In review of the memorandum of October 21, 1994 from the Fire Chief and the Senior
Municipal By -law Enforcement Officer, they recommended that the building be demolished
and temporarily sodded (Attachment No. 7 and 8).
2.2 As there are plans for future park development in the northern part of the hamlet, this
building lot will service no immediate or long term purpose to the Municipality.
2.3 The Municipality may consider contacting the adjacent landowners and offer them the
opportunity to purchase.
904
./3
REPORT CS -39 -95 - 3" DECEMBER 4,1995
2.4 In the interim, the Municipality will demolish the building and provide suitable ground cover
until a decision is made.
Respectfully Submitted,
Joseph :3`P. Caruana, Director
Department of Community Services
JPC:FH:sa
Attachments
Recommended for presentation
to the Committee,
William H. Stockwell,
Chief Administrative Officer
905
APPENDIX "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 95-
being a by -law to accept the quit claim transfer of the interest in the
Enniskillen Community Hall of the Official Board of Enniskillen
United Church of Canada
WHEREAS Council by its approval of Report CS- -95 has approved the acceptance on behalf of
the Municipality of a quit claim transfer of the interest of the Official Board of the Enniskillen
United Church of Canada in the Enniskillen Community Hall lands being more particularly
described as comprising part of the south half of Lot 18, Concession 8, Geographic Township of
Darlington;
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON AS FOLLOWS:
1. THAT Council hereby accepts on behalf of the Corporation of the Municipality of
Clarington the quit claim transfer to the Municipality of the interest of the Official Board
of the Enniskillen United Church of Canada in the Enniskillen Community Hall lands being
more particularly described as comprising part of the south half of Lot 18, Concession 8,
Geographic Township of Darlington.
By -law read a first time this day of November, 1995.
By -law read a second time this day of November, 1995.
By -law read a third time and finally passed this day of November, 1996.
Mayor
Clerk
APPENDIX "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 95-
being a by -law to accept the quit claim transfer of the interest in the
Enniskillen Community Hall of the Northumberl and- Clarington
Board of Education
WHEREAS Council by its approval of Report CS- -95 has approved the acceptance on behalf of
the Municipality of a quit claim transfer of the interest of the Northumberl and- Clarington Board of
Education in the Enniskillen Community Hall lands;
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON AS FOLLOWS:
1. THAT Council hereby accepts on behalf of the Corporation of the Municipality of
Clarington the quit claim transfer to the Municipality of the interest of the Northumberland -
Clarington Board of Education in the Enniskillen Community Hall lands being more
particularly described as comprising part of the south half of Lot 18, Concession 8,
Geographic Township of Darlington.
By -law read a first time this day of November, 1995.
By -law read a second time this day of November, 1995.
By -law read a third time and finally passed this day of November, 1996.
Mayor
Clerk
907
APPENDIX "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 95-
being a by -law to accept the quit claim transfer of the interest in the
Enniskillen Community Hall of the Grand Orange Lodge of Canada
WHEREAS Council by its approval of Report CS- -95 has approved the acceptance on behalf of
the Municipality of a quit claim transfer of the interest of the Grand Orange Lodge of Canada in
the Enniskillen Community Hall lands being more particularly described as comprising part of the
south half of Lot 18, Concession 8, Geographic Township of Darlington;
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON AS FOLLOWS:
1. THAT Council hereby accepts on behalf of the Corporation of the Municipality of
Clarington the quit claim transfer to the Municipality of the interest of the Grand Orange
Lodge of Canada in the Enniskillen Community Hall lands being more particularly described
as comprising part of the south half of Lot 18, Concession 8, Geographic Township of
Darlington.
By -law read a first time this day of November, 1995.
By -law read a second time this day of November, 1995.
By -law read a third time and finally passed this day of November, 1996.
Mayor
Clerk
ATTACHMENT NO.
THE CORPORATION OF CLARINGTON
With respect to the above, the following quotations were submitted:
G. McQuaid Contracting Ltd.
Oshawa, Ontario
Dave Boyle Excavating Ltd.
Bowmanville, Ontario
Hard -co Construction Ltd.
Whitby, Ontario
� • e : i �e�u[ili»Yy
$ 4587.00 *
$ 7200.00 + $700.00
topsoil, seed, sod
$10,345.00
* bid does not include removal of footings
** all prices exclude GST
I have attached for your review a copy of each of the bids
submitted. Please provide me with your written recommendation at
your earliest convenience.
Yours truly,
Lou Ann Birkett, C.P.P., A.M.C.T.
Purchasing Manager
LB /lb
Attch.
cc - -F. Horvath, Facilities Superintendent
Memorandum
L
ff
�
To:
J. Caruana,
Director Community
i
Services
From:
L. Birkett ,
Purchasing Manager
'Y6
Date:
November 7,
1995
Subject:
DEMOLITION
OF ENNISKILLEN COMMUNITY HALL
With respect to the above, the following quotations were submitted:
G. McQuaid Contracting Ltd.
Oshawa, Ontario
Dave Boyle Excavating Ltd.
Bowmanville, Ontario
Hard -co Construction Ltd.
Whitby, Ontario
� • e : i �e�u[ili»Yy
$ 4587.00 *
$ 7200.00 + $700.00
topsoil, seed, sod
$10,345.00
* bid does not include removal of footings
** all prices exclude GST
I have attached for your review a copy of each of the bids
submitted. Please provide me with your written recommendation at
your earliest convenience.
Yours truly,
Lou Ann Birkett, C.P.P., A.M.C.T.
Purchasing Manager
LB /lb
Attch.
cc - -F. Horvath, Facilities Superintendent
r
COUNCIL DIRECTION
OCT Id 7a�. �i Itcl: - �1_gl t.)�a_7'ls.aL)
EN!'i.! SK? LLcN , L.(.l -R 1 .I L;
llay�i)' Diane Hamre-,
t-lunicipa.lit.-Y of t,l.aringl -,on,
40 Tet- riper•at"ce :Street,
Bowmanv i l le , Cint.ar is i
LIC 3A6,
Deaxv Havor Ii"mre
ATTACHMENT NO. 2 D-10
Jltlli� Wu Lt \Nl 1A m
OCT - 6 1993
iI{iit-,ilClPAI.IT`l OF CLARINGTON
(AAYOtj'S OFFICE
Cictober 7, 1993
Crave concern is being expressed about the deter•i_OratiOn and
therefore unsafe condition of the uninsured building, which was
many years --Lgo the ('Ic)vltiiunity Centre, c)n the 01Cl :-:,cllgtig :Street in
the village of Enniskillen.
Residents of the area would like tc, See the building
r
t
�i
clemolishec:i and the ar'e'a used as a Ichildrens p1%-ty .area.
`iuurs faithfull''v
ou,
el 1 {1 i
> I±`rLiiZ f- l i`'t 1 1► ti l ors - ' �lltaj' "h,
t' i t c
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1 _ uru::a.11c,r• tdu val:
t ~cu'z�c i l l��r• E- I,:irsrsLj!'ti .... . • • .. ,,.. , ;
9.10
�n
RICHARD E. SHIBLEY, Q.C.
DENNIS C. HEFFERON
BARRY S. WORTZMAN, Q.C.
MICHAEL FITZPATRICK, Q.C.
LINDA S. BOHNEN
PAUL E. McINNIS
JONATHAN H. FLANDERS
WILLIAM L. NORTHCOTE
J. JAY RUDOLPH
WARREN S. RAPOPORT
CHARLES M. GASTLE
J. PAUL R. HOWARD
LINDA J. GODEL
THOMAS McRAE
JENNIFER L. PERRY
KENO CHAN
Shibley Righton
Barristers & Solicitors
RUPERT F. RIGHTON, Q.C.
DONALD K. ROBINSON, Q.C.
DEZ WINDISCHMANN
GEORGECORN
MICHAEL C. BIRLEY
PETER G. NEILSON
CHARLES SIMCO
HELDER M.TRAVASSOS
MARTIN J. HENDERSON
RICHARD E. COLES
PHILIP P. HEALEY
LEONARD D. RODNESS
JANIS E. INGRAM
JAMES W. BUSSIN
WILLIAM A. CHALMERS
HAROLD H. ELLIOTT, Q.0
LESLIE S. MASON
JOHN P. BELL
V. ROSS MORRISON
PETER C. WILLIAMS
CLIFFORD I. COLE
THOMAS A. STEFANIK
PETER V. RAYTEK
NICHOLAS T. MACOS
ALEXANDER P.TORGOV
CHARLES G.T. "EBB
SANDRA E. DAWE
CHRISTINE M. SILVERSIDES
CRAIG A. LEWIS
ELIZABETH G. MARTIN
COUNSEL
MARTIN L. O'BRIEN, Q.C. BARRY D. LIPSON, Q.C.
Mr. Joeseph Caruana
Director, Community Services
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Mr. Caruana:
August 14, 1995
File No.: 9400737
Re; Enniskillen Communiq Hall
AUO
t.1 `! Or CLARiN„
t'(��ili�l ?Ii(tti� l4Ft Yitin.... r._ !
DIRECT LINE: (416) 214 - 5240
FAX: (416) 214 - 5438
BOX 32 - 401 BAY STREET
TORONTO, CANADA
M5H 2Z1
SUITE 1800
THE SIMPSON TOWER
By correspondence to you of January 20, 1995 we indicated that if the Municipality
was to obtain quit claim deeds from each of the Official Board of the Enniskillen Church,
the Northumberland - Clarington Board of Education and the Grand Orange Lodge of
Canada then it would have a legal interest in the Enniskillen Community Hall and the right
to proceed with the demolition of the derelict building contained thereon. As instructed by
you we prepared the required forms of quit claim deeds and forwarded same to each of
these parties requesting their execution and return. We are pleased to advise that executed
quit claim deeds have been received from each of the Official Board of the Enniskillen
United Church of Canada and Grand Orange Lodge of Canada.
To date we have not been contacted by the solicitor for the Northumberland -
Clarington Board of Education and we enclose correspondence following up on this matter.
Notwithstanding that a quit claim deed in favour of the Municipality has not been
received from the School Board, in our opinion, subject to confirming that there have been
no changes in the registered title to the property, the Municipality upon acceptance of the
quit claim deeds from the Orange Lodge and the Enniskillen United Church, will have the
legal right to enter upon the property and proceed with the demolition of the derelict
building. Prior to so doing, it will be necessary to obtain the approval of Municipal Council
911
P.
1
S hibley Righton
-2-
to the acceptance of the property for the purposes of the Municipality and registration of
the quit claim deeds. This approval should be contained in a by -law. The expenditure of
Municipal funds on the demolition of the derelict building will also have to be authorized
by Council.
Perhaps a copy of this letter could be appended to a report from you to Council on
this matter.
Yours very truly,
SHIB.LEV RIC PITON
per:
Nicholas--T. Macos
NTM/bg j
C. Mr. W.H. Stockwell
Councillor L. Hannah
Mr. D. Hefferon
912 °.
BROOKS, HARRISON, MANN, MCCRACKEN & SLAESSCRNMENT NO. 4
BARRISTERS, 30LICITORS NOTAt3IES
vv, GRANT gkOOK5, B.A.
1`0 -C.J. HANRISON. [s.A., LL.e.
J, DOUGLAS MANN, 2.A., LL,B.
ALLAN T. MCCRACKEN, 8,A„ LL.8,
DAVID,). J• SLESsOR, I I „8
Shibley Rig_hton
Barristers & Sol.icitor,a_
Box 32
401 Bay Street
Toronto, on.t a2z io
MS13 2Z1 '
Attention: Niaha s T. Maeas
Dear Sire;
FAX '906) 885.7474
November 14, 19 �) 5
'I'I4IJALfON STREFT
PORT HOPE, ONTARIO
L1A 1N6
(8051 886.2Ari t
(906) (185.7291
R� ¢ Our Client: Northumberland- Clarington Hoard of )1
YOUr Client: Municipality I�t 737
of Claringtan (File #S'j on
Enniskillen CoMMuni Ha11
In connection with the above refs- enced mat',.er we eliclose
herewiti'i the quit claim deed executed by our client.
Yours very truly,
BROOKS, HARRISON, MANN, MCCRACE. :EN & SLESSOR
Douglas Mann
dj
Enclosures
From: Richard Lowery
502 -2 Meadowglen Place
Scarborough, Ontario M1G 2V6
i i� , , io iqil� �
OF THE
ProWn-ce (Ontariv lEagit
To: Shibley Righton, Barristors & Solicitors
Suite 1800, 401 Bay Street
Toronto, Ontario
M5H 2Z1
To whom it concerns: Re: Enniskillen Community Hall
. Office of
Provincial Grand Secretary
May 24, 1995
This is in reply to your of letter of March 6, 1995. Sorry for the delay as this Provincial Grand
Lodge just went through an Executive change.
At an executive meeting on May 20, 1995 and after careful consideration, it was decided that
we will quit claim this property. The Loyal Orange Association of Canada has a procedure
when selling or disposing of property. Please find enclosed 3 copies of "Permission to Sell"
forms. Please fill these out and return them to myself and I will obtain the appropriate
signatures as return them to you as quickly as possible
Hoping this meets with your approval.
Yours Truly,
-J__
ri
Richard Lowery,
Grand Secretary
c. Joseph Caruna
GTOIIN
iilli}IIN ! s„iUl��t6 L�1��1,
ATTACHMENT NO. 6
--
OCT 3a1h
831 D'Arcy St. North
Box,170, Cohourg, Ontario �'90i`�IE ��fa,�_�TY 0 �! ��Itii vT'
K9A 4L2 (' ,
Tel (905) 372 -6871 ,� i) °P(.
Fax (905) 372 -1133
26 October 1995
Brooks, Harrison, Mann, McCracken and Slessor
Solicitors
114 Walton Street
Port Hope, Ontario
L1A 1N5
Attention: Doug Mann
Re: The Old Enniskillen Hall
Last night, the Board approved the following Motion:
that the Board authorize Administration to complete a Quit
Claim Deed on the property located at 8041 Old Scugog Road
and release the property to the Municipality of Clarington.
However, the Trustees have requested that if the Municipality
develops this and /or surrounding property, they would consider
the needs of Enniskillen Public School in regards to a
playground /park area. As well, the school requests that upon
demolition, they be given the sign on the front of the subject
building, for historical purposes.
Please advise as to process.
incere y
auB r e U__
Manager of Transportation, Planning and Assessment
/
r pc Joe Caruana, Director of Community Services
AM
v
ATTACHMENT NO. 7
THE CORPORATION OF THE MUNICIPALITY OF CLARIN(' "' --
Memorandum��'
OCT Z 4 1934
Y
MUNIMPAUTY OF CLAFING7011V
�a(i17117lLt17i�V ��rUiCes De,�t,
To: MICHAEL CREIGHTON, FIRE CHIEF�,.,z
From: LEN CREAMER, SR. MUNICIPAL LAW ENFORCEMENT OFFICER
Date: 21 OCTOBER 1994
Subject: ENNISKILLEN COMMUNITY HALL
As requested I have reviewed the applicable sections of the
Municipality's Property Standards By -law as it relates to the
Enniskillen Community Hall which I attended with you on the
afternoon of the 20th.
I have only listed the major concerns we would have. These
deficiencies are in the following areas:
1 The yard is not kept clean and free of all rubbish,
debris, health, fire and accident hazards. (sec. 5.1.1(1)
2 The abandoned building is not sufficiently protected
against the risk of fire or accidents and is not
effectively sealed to prevent trespass (sec. 5.1.5)
3 Sections of walls and flooring show signs of rot and
staff question the structural integrity of the building.
A full structural audit would be required to determine
the building's structural soundness (sec. 5.2.2(1) and
5.2.2(2))
4 Exterior walls not maintained so as to retard
deterioration (sec. 5.2.3(1)
5 The roof has caved in at several locations and in is need
of replacement (sec.5.2.4(2))
6 The floors in the main hall have buckled in several
places and the floor boards have sprung (sec. 5.2.6(1))
7 Windows on the main floor and basement are broken and
deteriorated (sec.5.2.9)
8 Stairs to the basement are rotted and unsafe and would
have to be replaced(sec. 5.2.10(2))
•
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTOATTACHMENT NO. 8
To: Joe Caruana, Director of Community Service
From: Michael G. Creighton, Fire Chief.
Date: October 21, 1994
Subject: ENNISKILLEN HALL, OLD SCUGOG ROAD
NJ 2 4 1994 �,
As per your request, I toured this building on October 20, 1994
along with Len Creamer, By -Law Enforcement Officer.
I would note that this building is in an extremely poor state of
repair. Should anyone wish to enter this building and start a
fire, they would have little problem. The doors, although locked,
are not extremely secure, nor the windows, especially those to the
basement.
Should a fire occur on this site , and given it's proximity to the
house south of it, it could cause some possible damage. It would
also cause concern given how close it is to the roadway.
It is my opinion that this building serves no purpose as it is not
really worth repairing and constitutes a fire hazard which could
endanger the residents of the area. I also believe it poses a
danger to firefighters who would respond, given it's condition. I
believe that, for safety reasons the building should be demolished.
1� -, r", � I \,
MGC /amc Michael G. Creighton,
Fire Chief
cc: Bill Stockwell, Chief Administrative Officer
M