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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 „ { 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