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HomeMy WebLinkAboutADMIN-38-99 DN: ADMIN-38-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File#_ � Date: Monday, December 6, 1999 Res. #�i �� / Report#: ADMIN-38-99 FILE#: By-law# Subject: PROPERTY MATTER-LEASE AGREEMENT WITH THE CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ADMIN-38-99 be received; 2. THAT the Municipality of Clarington enter into a lease agreement with the Central Lake Ontario Conservation Authority for portions of the Bowmanville Valley Conservation Area and Bowmanville Harbour Conservation Area; 3. THAT the sum $5,000.00 be withdrawn from Account 7603-X-0516 Parks and Cemetery Design to prepare a concept plan for the portion of the Bowmanville Harbour Conservation Area to be leased to the Municipality; 4. THAT Staff investigate and report back with a recommended option for the effective development, management and operation of the boat ramp and associated lands at the completion of the concept plan; 5. THAT the Mayor and Clerk be authorized to execute the lease agreement on behalf of the Corporation of the Municipality of Clarington; and 6. THAT the Central Lake Ontario Conservation Authority and Ontario Hydro Networks Inc. be forwarded a copy of this report and a copy of Council decision. 1. BACKGROUND The Central Lake Ontario Conservation Authority currently holds 1,196 hectares (2,957 acres) of land in their jurisdiction. Over fifty percent , 654 hectares (1,594 acres) are located in the Municipality of Clarington. In 1998, the Authority 1207 REPORT NO.: ADMIN-38-99 PAGE 2 reviewed all of their holdings in light of their management objectives. The lands were prioritized into primary, secondary and surplus holdings. The Authority will retain those lands within the primary holdings. The management of the lands within the secondary holdings will be contracted out to another agency. Lands declared surplus will be transferred to another public agency or disposed of by public sale. In the winter 1999, staff were approached by Mr. J. R. Powell, Chief Administrative Officer for the Authority to discuss the possibility of the Municipality taking over the management of certain conservation lands within the Bowmanville Creek valley system, identified by the Authority as secondary holdings. The area of discussion included those lands within the Bowmanville Valleys Conservation Area, south of Highway 2 and the parcels in the Bowmanville Harbour Conservation Area which includes a forested area and a boat ramp and associated lands. This Report will: • Describe the parcels in question and their recreational potential; • Discuss the lease arrangements for these properties; • Seek Council's authorization to enter into the lease arrangement; and • Seek Council's approval to retain a consultant to prepare a concept plan for the boat ramp and associated lands. 2. DISCUSSION 2.1 Bowmanville Valley Conservation Area 2.1.1 General The Bowmanville Valley Conservation Area is approximately 37 hectares (92 acres) in area; one parcel is situated south of Highway 2 and the other parcel is near Jackman Road. Staff are interested in the lands situated south of Highway 2 just off. of Roenigk Drive, referred to as the Central Bowmanville Valley Lands. - 1208 REPORT NO.: ADMIN-38-99 PAGE 3 These lands are required for the development of the Valleys 2000 project. See Attachment#l. The lands are approximately 6.7 hectares (16.6 acres) in size and currently support a parking lot, pedestrian trail and bridge that links to Rotary Park. The site has been used throughout the years by anglers, hikers and for community events such as the annual Duck Derby. Last year, the Authority paid $608.00 to the Municipality for property taxes. The cost for maintenance is approximately$500.00 per year. 2.1.2 Future Use of the Lands Valleys 2000 is a community based project focused on the enhancement and improvement of the natural features of the Bowmanville and Soper Creek valleys while providing for appropriate public access. The focus of the Valleys 2000 project is currently on the Bowmanville Creek valley from Highway 2 to the waterfront. The subject lands will form part of a larger land base that is currently being assembled for the project. The preliminary Concept Plan, identifies this area as one of the four entrance features into the Bowmanville Creek valley. It proposes improvements to the existing parking lot, entrance signs, a central information and interpretative kiosk, walking trails and new vegetative plantings. The subject lands will be considered in the first phase of the development for the Valleys project, which will be initiated in the Spring 2000. 2.2 Bowmanville Harbour Conservation Area 2.2.1 General The Bowmanville Harbour Conservation Area is approximately 33.5 hectares (83 acres) in size and includes the Bowmanville Marsh proper, a forested area south 1209 REPORT NO.: ADMIN-38-99 PAGE 4 of Lake Road ("Lake Road Lands") and an area north-east of the Marsh which supports a parking lot, boat ramp, fish cleaning station and two washrooms, the Waterfront Trail and lookout tower("Boat Ramp and Associated Lands"). The lands subject to the lease include the Lake Road Lands and the Boat Ramp and Associated Lands, a total of 10.5 hectares (26 acres) (See attachment #2). Ontario Hydro Networks Inc. holds a perpetual easement on the lands related to the electrical transmission lines. There are some limitations on the development of the lands including the height of vegetation and the size and mass of structures on the site. In addition, this area is located within the floodplain and therefore requires fill and construction permits from CLOCA prior to proceeding with moving fill or placing any structures on the site. The Municipality of Clarington entered into an agreement with CLOCA in 1994 for the construction of the Waterfront Trail on the boat ramp lands. The Municipality built the trail, and a viewing area overlooking the harbour. The fish cleaning station was never fully operational. CLOCA did not purchase the grinder for the fish bones which would have cost $30,000.00. In addition, there is insufficient electrical supply to the site to run the grinder. The structure was used to clean the fish, but the remains were thrown in the garbage. It was also used as a seasonal information centre. The fish cleaning station and washrooms were closed in the early 1990's due to diminishing staff resources and maintenance costs. In January 1999, the Public Works Department inspected the boat ramp and noted that it required extensive repair estimated at $75,000.00. The regular maintenance requirements include grass cutting, grading the parking lot and garbage disposal, including daily removal of garbage during fishing season which is approximately $11,500.00. Staffing the fish cleaning station would be approximately $5,000 - $8,000 annually. 1210 REPORT NO.: ADMIN-38-99 PAGE 5 Last year, the Authority paid $967.00 to the Municipality in property taxes for the lands supporting the boat ramp and $383.82 for the forest lands. CLOCA has spent approximately $500.00 per year on maintenance costs on the lands supporting the boat ramp and associated uses. 2.2.2 Future Use of these Lands The Boat Ramp and Associated Lands are the only lands in the Bowmanville waterfront area that currently provide public access, but in their present state are under-utilized and will continue to be so, given CLOCA's position on managing their secondary holdings. The Bowmanville Marsh proper forms part of the Bowmanvillef Westside Wetland Complex, formed as a result of the Principles of Understanding between the Municipality and Blue Circle Cement to save a portion of the Westside Marsh. The Municipality and CLOCA will execute a Management Agreement for the management of the wetland complex including the preparation of an Environmental Management Plan (EMP) for the long-term development of the lands. The EMP will provide direction for enhancements and improvements to the ecological function of both wetlands and also include passive recreational and interpretative features. The Boat Ramp and Associated Lands are excluded from the Management Agreement and the Environmental Management Plan for the Wetland Complex. At the present time the boat ramp is the focal point of this area where small boat owners launch their boats at no cost. However, the cost of upgrading and maintaining this facility is high. Staff have contacted other municipalities to determine how they generate revenue from similar facilities. The Town of Cobourg and the Town of Whitby both own and operate their own marinas. They are quite large operations, each can accommodate up to 400 boats of various sizes. They also operate a boat ramp for smaller boats, similar to the one discussed in 1211 REPORT NO.: ADMIN-38-99 PAGE 6 this report. The ramps are opened from mid April to mid October. The Town of Cobourg charges $5.00 per launch (in and out) or $50.00 per season. A staff person collects the funds. The Town of Whitby, charges for parking only, a car and trailer is charged $5.00 and a car alone is $2.50. Whitby has installed a pay and display ticket meter. Marina staff collect the funds and issue tickets for parking infractions. The boat launching facility generates about $10,000.00 annually. There are a number of ways in which the Municipality can generate funds from this site. Some options include: • Hire a staff person to operate the boat launching facility from mid April to mid October, at a cost of$14,500.00 • Install a pay and display ticket meter at a cost of $10,000.00. A Parking Enforcement Officer would be required to make regular trips to the area to empty the machines and issue tickets for parking infractions. The problem with this option is that all cars will be charged a parking fee regardless if they use the boat ramp or not. Those individuals who park in this location for picnicking, bird watching or hiking should not be required to pay for parking. • Install a security gate at the boat launch and a levy fee of$5.00 (for both in and out). The Parking Enforcement Officer will be required to empty the machine, on a regular basis. This will allow free parking for cars alone. Other options including privatization are possible. If the Municipality proceeds to enter into a lease arrangement, staff would further explore and recommend options for the redevelopment, management and operation of the boat launch. The funds generated from using the launch will likely only pay for the annual maintenance for the site,but no initial improvements. These lands contribute to the formation of a continuous green space system that will link the waterfront area to the urbanized portions of Bowmanville and the downtown, through the Bowmanville and Soper Creek valleys. In keeping with our long term vision to acquire waterfront land, staff are recommending that the Municipality enter into the lease arrangements for these lands. - 1212 REPORT NO.: ADMIN-38-99 PAGE 7 3. LEASE AGREEMENT The Central Lake Ontario Conservation Authority prefers to lease lands rather than to dispose of them by sale. The sale of conservation lands requires a Provincial approval which is a long and difficult process. The main elements of the lease arrangement are as follows: Lands would be leased on a five year basis with three renewals every five years; The period of this lease agreement will begin on January l" 2000 and end January l', 2020. The Municipality will be required to pay $2.00 annually for the next 20 years. A concept plan will be developed for the lands within the Bowmanville Valleys Conservation Area and the Boat Ramp and Associated Lands, in consultation with CLOCA. Written approval is required from CLOCA prior to any new permanent buildings or structures on the land. • The Municipality must assume public liability and property damage insurance against all claims for personal injury, death or damage. • The Municipality undertakes to indemnify and save harmless CLOCA from any claim directly or indirectly related to the use of the lands. The lease also includes the requirements of the Ontario Hydro Networks Inc. easement which will be attached to the lease agreement as a Schedule, and therefore are binding on the Municipality. 4. RECOMMENDATIONS The subject lands are important links in creating a continuous green space system in the Bowmanville Urban Area, one that links the downtown area and surrounding neighbourhoods to the two wetlands and the waterfront. This linkage will provide a passive and active recreational component. It is recommend that: Council enter the lease agreement with the Central Lake Ontario Conservation Authority for the lands in the Bowmanville Valley Conservation Area referred - 1213 REPORT NO.: ADMIN-38-99 PAGE 8 to as the Central Bowmanville Valley Lands, the forest lands (Lake Road Lands), and the Boat Ramp and Associated Lands within the Bowmanville Harbour Conservation Area. • Council retain a consultant to prepare a concept plan and cost estimates for enhancing the Boat Ramp and Associated Lands. • Staff explore and recommend options for the effective development, management and operation of the ramp and associated lands at the completion of the concept plan. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. CS*BN*DC*df 10 November 1999 Interested parties to be notified of Council and Committee's decision: Mr. J. R. Powell, CAO Central Lake Ontario Conservation 100 Whiting Avenue OSHAWA, Ontario L1H 3T3 Mr. Chris Vanderreest Ontario Hydro Networks Inc. 7676 Woodbine Avenue Suite 300 MARKAHM, Ontario UR 2N2 1214 F W V LORRAINE CRT. N a d RENDER AVE. FIRST SAUNDERS AVENUE STURROCKAVE. z o r ODELL ST. O�� BORLAND COURT o J j W Z ; K 0 STEVENS ROAD CONCESSION STREET WEST Fi, m LOWE STREEETT,��'1� LOVER'S LANE kiryC WEST h C Cn \\_ LLW_LI.1J UBER P CE SZFFT V<v CHG �F�C/,V�Q CARUSLE AVENUE HRH N oR O��C6 Qi ROEN\OK �/'Y� �y Pte. STHF O �� z LIRA � Q.V � z o 3 STRIKE WAVENUE pGFFN z MCCRIMMON CRES. m a TREWIN zo W O CNU LANE OHO U LITTLE AVENUE 9 O a O KI OP LANRE14CE CKTE g LAWRENCE CRESCfM o0 0 SS•o QU H o �FR/ry CqQ� 5�F'� FPo DOREEN CRESCENT QUINN G'P2F, m 90 'kjaH �E� tl�6i j� A< W yy, A NE O,�y PARK LANE O S, r CIIRCLE g ROSER CRES. SPRY AVENUE BOWMANVILLE VALLEY CONSERVATION AREA-SOUTH LANDS SUBJECT TO LEASE AGREEMENT 1215 Li PINE STREET v, z w BASELINE ROAD LAST Y 0 O Z a FREEWAY HI WAY 40, � oAD Y O WCE 'QO,yO m fl ry a 3 PRN EAST BEACH ROAD ONO gfACH� B GRF� LAKE ON7A-R/O BOWMANVILLE HARBOUR CONSERVATION AREA LANDS SUBJECT TO LEASE AGREEMENT 1216 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 99- being a by-law to authorize the entering into a Lease Agreement with the Central Lake Ontario Conservation Authority the Owner of three parcels of land, the first being a portion of the Bowmanville Valley Conservation Area located in Part Lot 13,Concession 1 in the of the former Town of Bowmanville,now in the Municipality of Clarington and the second, and third being portions of the Bowmanville Harbour Conservation Area located in Part Lot 11, Broken Front Concession in the former Town of Bowmanville, now in the Municipality of Clarington. WHEREAS, the Council of the Corporation of the Municipality of Clarington supports the initiative of Valleys 2000,to enhance and improve the Bowmanville Creek valley from Highway 2 to the waterfront. AND WHEREAS,the Council of the Corporation of the Municipality of Clarington recognizes the need to acquire land along the Bowmanville waterfront for the enjoyment of the public. NOW THEREFORE BE RESOLVED THAT the Council of the Corporation of the 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,and seal with the Corporation's seal a Lease Agreement with the Central Lake Ontario Conservation Authority,for three parcels of land,the first being a portion of the Bowmanville Valley Conservation Area located in Part Lot 13, Concession 1 in the former Town of Bowmanville, now in the Municipality of Clarington,and the second and third parcels being a portion of the Bowmanville Harbour Conservation Area located in Part Lot 11,Broken Front Concession in the former Town of Bowmanville now in the Municipality of Clarington. BY-LAW read a first time this day of 1999. BY-LAW read a second time this day of 1999. BY-LAW read a third time and finally passed this day of 1999. MAYOR CLERK 1217