Loading...
HomeMy WebLinkAboutPSD-071-16Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: December 5, 2016 Report Number: PSD-071-16 Resolution: File Number: PLN 34.5.2.64.1 By-law Number: Report Subject: Camp 30/Boys Training School Memorandum of Understanding with Jury Lands Foundation Recommendations: 1.That Report PSD-071-16 be received; 2.That the Memorandum of Understanding between Jury Lands Foundation and the Municipality of Clarington be approved; 3.That the Mayor and Clerk be authorized to execute the Memorandum of Understanding on behalf of the Municipality of Clarington; and 4.That all interested parties listed in Report PSD-071-16 and any delegations be advised of Council’s decision. Municipality of Clarington Report PSD-071-16 Page 2 Report Overview In July 2016 Council approved an agreement with Kaitlin Group and Fandor Homes (owners) that will see the Municipality become the owner of a five ha parcel of the former campus of the Boys Training School and Camp 30 with five heritage buildings. The agreement binds the owners to the Special Policy Area F adopted in Official Plan Amendment 107. These policies indicate that the Municipality will work with the owners and Jury Lands Foundation to develop a community vision and Urban Design Plan to set out the parameters of the development, adaptive re-use of the heritage structures and integration of future land uses. The Jury Lands Foundation is an incorporated community-based not-for-profit organization that is seeking charitable status and has a mandate to rejuvenate the site. This report recommends a Memorandum of Understanding to be entered into to articulate the roles of the Jury Lands Foundation and Municipality and their working relationship. 1. Background Jury Lands Foundation (JLF) was formed after Camp 30/Boys Training School was designated a national historic site in April 2013. In September 2013, Council established a “recruitment committee” to determine the process for forming the foundation. In January 2014 an interim Foundation Board was established with Marilyn Morawetz as Chair and six board members. The JLF was officially incorporated on July 30, 2014 and governing by-laws were passed. The Foundation is seeking charitable status. The Board has established a strategic plan, financial policies and is applying for a Canada 150 grant to provide interpretation of the site. The JLF participated in a one-day workshop with the owners and Municipality led by the National Trust in February of 2015. In the fall of 2015 JLF was responsible for the development of the walking trail between Sprucewood and the campus lands. The trail materials and labour were donated by a number of companies and officially opened in May 2016. JLF has been providing presentations, tours and other educational activities. The recently approved Official Plan Amendment 107 indicated: The Municipality will work with the owners of the site and adjacent lands, the Jury Lands Foundation, other levels of government and interested parties to: a) develop a community vision and Urban Design Plan, for the long term use of the lands that includes the natural and built heritage resources, integrates future land uses in an appropriate manner and respects the nationally designated cultural landscape; b) implement this community vision for the long term use of the lands by establishing different mechanisms including designation as a community improvement area and heritage designations under Part IV (individual) or Part V(district) of the Ontario Heritage Act; and Municipality of Clarington Report PSD-071-16 Page 3 c) prepare architectural control guidelines to ensure that development applications within this Special Study Area will be designed to implement this community vision and Urban Design Plan for the development of these lands. The Memorandum of Understanding (MOU) (Attachment 1) between the Municipality and JLF is similar to the Valleys 2000 MOU. It articulates the partnership and each party’s responsibilities including liability, safety, fund raising, public relations, municipal maintenance of the lands and building exteriors. The JLF would like to enter into the MOU as it sets out its role with regard to the different aspects of the campus lands and buildings. It is envisioned that the JLF will work with the Municipality to assist with the development of the community vision and Urban Design Plan that will ultimately lead to the rejuvenation of the site. The Planning Services Department has drafted a terms of reference to retain a consultant to assist with the development of the community vision and Urban Design Plan and architectural control guidelines as outlined in the Official Plan. The terms of reference have been issued by the Purchasing Branch and proposals were received on November 17th. It is anticipated that the Steering Committee and Purchasing Manager will have completed the review, reference check and be recommending award of the contract at the December 12th Council meeting. There are funds to retain the consultant in the Planning Services 2016 consulting budget. 2. Concurrence The Memorandum of Understanding has been drafted by the Municipal Solicitor in consultation with the JLF. The JLF reviewed the most recent draft at their meeting of November 17th and recommended minor modifications that have been included in the final draft. This report has been reviewed by the Municipal Solicitor who concurs with the recommendations. 3. Conclusion The rejuvenation of the Camp 30/Boys Training School is an exciting opportunity for the Municipality of Clarington. The rejuvenation of the buildings and development of the campus as a park is a long-term, multi-facetted project that will require community support and involvement, work with other levels of government and development of relationships with the future stewards of the various buildings on the site. The JLF has been intimately involved in helping to foster these relationships and wishes to work with the Municipality to bring this project to fruition. Entering into a Memorandum of Understanding will assist the JLF in articulating its relationship to the lands and buildings when approaching funding bodies and applying for grants. It will also assist any groups wishing to be involved in rejuvenating a building to understand the relationship between the JLF and Municipality. The Municipality will benefit by knowing that the Jury Lands Foundation is committed to assisting with the long-term revitalization and re-use of the buildings and how they can be integrated into the park that is to be developed. Municipality of Clarington Report PSD-071-16 Page 4 4. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO Director of Planning Services Interim Chief Administrative Officer Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid@clarington.net Attachments: Attachment 1 – Memorandum of Understanding List of interested parties to be notified of Council’s decision: Enzo Bertucci, Kaitlin Group Marilyn Morawetz, Jury Lands Foundation DJC/FL/df;tg Attachment 1 to Municipality of Clarington Report PSD-071-16 MEMORANDUM OF UNDERSTANDING This Agreement is dated as of January 1, 2017 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the “Municipality") and JURY LANDS FOUNDATION (the “Foundation") RECITALS: A. The Foundation was incorporated on July 30, 2014 under the Canada Not-for- profit Corporations Act for the purpose of “rejuvenating a Canadian historic and architecturally significant site in Clarington, Ontario with international, national, and local significance for re-use for those same audiences even as it recognizes the place’s one-time distinction of managing both Camp 30 Prisoners of War and troubled youth while harmoniously integrating with its host community of Bowmanville.” B. The site, which is approximately 5 ha (12.3 ac) in size, is located at the northwest corner of Concession Street East and Lambs Road in Bowmanville on property currently owned by Lambs Road School Property Ltd. that is municipally known as 2020 Lambs Road and legally described as Part of Lot 7, Concession 2, former Township of Darlington, now in the Municipality of Clarington, Regional Municipality of Durham. It is shown as the Jury Lands on Schedule “A” to this Agreement. C. The Municipality has entered into an Option Agreement with Lambs Road School Property Ltd. pursuant to which the Jury Lands will be transferred to the Municipality following the occurrence of specified events and the completion of specified work. D. The Foundation wishes to work with the Municipality, residents, community organizations and all interested stakeholders to further its stated purposes by undertaking the activities described in this Agreement in relation to the Jury Lands including the re-use and repurposing of the existing buildings on the Jury Lands. E. The Council of the Municipality strongly endorses the Foundation and its stated purposes. F. The Municipality and the Foundation wish to enter into this Agreement to set out their respective responsibilities in relation to the Jury Lands. NOW THEREFORE the Municipality and the Foundation agree as follows: Definitions 1. In this Agreement, “Option Agreement” means the Option to Purchase between the Municipality, Lambs Road School Property Ltd. and Lambs Road Developments Ltd. dated June 16, 2016; “Council” means the Council of the Municipality; "Foundation" means the Jury Lands Foundation; “Jury Lands” means the property described in Recital B; “Municipality” means The Corporation of the Municipality of Clarington; and “Plan" means the community vision and Urban Design Plan for the Jury Lands described in Policy 16.7.2 a) of the Clarington Official Plan adopted by the Municipality on October 31, 2016. Responsibilities of the Municipality 2. The Municipality shall engage a consultant for the preparation of the Plan. The Municipality shall consult with the Foundation, residents, community organizations and all interested stakeholders during the preparation of the Plan. The Plan must be approved by Council. 3. The Municipality, either directly or by relying on the terms of the Option Agreement, shall, (a) be responsible for all costs associated with the transfers of land to the Foundation, including land appraisals, surveys, the preparation and registration of land transfers and environmental audits in relation to the Jury Lands; and (b) maintain and secure the grounds and all heritage buildings on the Jury Lands. 4. The Municipality, and in partnership with the Foundation when appropriate, shall apply for funding from provincial and federal programs which may be available to the Municipality in relation to the development of the Jury Lands. 5. When the Municipality obtains ownership of the Jury Lands, the Foundation shall be granted permission to enter upon the Jury Lands to undertake such work and activities as it deems appropriate to fulfil the Foundation’s responsibilities under this Agreement. Responsibilities of the Foundation 6. The Foundation shall educate the public through various means and identify ways to interpret the site’s history. 7. The Foundation shall engage in the process of creating the Plan and shall act as a resource to the Municipality to ensure that the Plan highlights and respects the history and unique architecture of the Jury Lands. 8. The Foundation shall develop a strategic plan to engage local residents, citizens across Canada and senior levels of government to promote the unique history of the Jury Lands. 9. The Foundation shall pursue sources of funding to help promote its stated purposes and specifically to help fund projects identified in the Plan. 10. Except as specifically set out in this Agreement, the Foundation shall be responsible for the payment of its administrative expenses. 11. The Foundation shall organize, coordinate and supervise volunteer labour and shall ensure that all applicable safety standards are adhered to in relation to any projects relating to the Jury Lands. Project Management 12. A project management team shall be established which will include members from the Municipality's staff and members of the Foundation. The project team shall coordinate various projects and manage a work program to implement the Plan. 13. One of the main goals of the project team will be the re-use and repurposing of the existing buildings on the Jury Lands. 14. The project team shall report to the Foundation and to Council. 15. If the Foundation receives funds for a specified project in relation to the Jury Lands, the Municipality shall coordinate, design, tender and supervise any work undertaken in relation to such project. 16. This Agreement may be amended to reflect the specific works that the project team will engage in to reach the vision and goals of the approved Plan. Financial Records 17. The Foundation shall maintain administrative financial records in accordance with good accounting principles and shall make all such records available to the Municipality upon request. Funds acquired for the development of the Jury Lands whether acquired solely or in partnership with the Municipality will be administered by the Municipality. 18. No later than March 31st each year, the Foundation shall file with the Municipality's Treasurer a report from its Treasurer for all expenditures, receipts and their financial status. Council may request an auditor's report at any point in time to be paid for by the Municipality and in such a case, the Foundation shall provide the auditor with immediate access to all records and persons he/she requires to prepare the report. Insurance and Indemnity 19. The Foundation shall obtain comprehensive general liability insurance satisfactory to the Municipality’s Treasurer, in the amount of Five Million Dollars ($5,000,000.00), naming the Municipality as additional insured. A copy of the insurance certificate shall be filed with the Municipality. The Municipality shall reimburse the Foundation for the premiums paid for such insurance. Term 20. The term of this Agreement shall commence on January 1, 2017 and shall continue until terminated by either party upon 12 months notice to the other. Further Assurances 21. Each party agrees with the other that it shall execute and deliver, at the request of the other party, all such further documents, agreements and instruments, and will do and perform all such acts as may be necessary to give full effect to the intent and meaning of this Agreement. Notice 22. Any notice which may be or is required to be given under this Agreement shall be in writing and shall be mailed by first class prepaid post, sent by e-mail or delivered: To the Municipality: Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Municipal Clerk Email: clerks@clarington.net With a copy to the Director of Planning Services Email: planning@clarington.net To the Foundation: Jury Lands Foundation 62 Temperance Street Bowmanville ON L1C 3A8 Attention: Chair Email: info@jurylandsfoundation.ca or such other address or number of which one party has notified the others. Any such notice shall be effective from the date that it is so transmitted, mailed, emailed or delivered. Governing Law 23. This Agreement shall be governed by, and be construed and interpreted in accordance with, the laws of Ontario and the laws of Canada applicable in Ontario. Successors and Assigns 24. This Agreement shall extend, be binding upon and enure to the benefit of the parties, their respective successors and permitted assigns. Covenants 25. Each obligation in this Agreement, even though not expressed as a covenant, is considered for all purposes to be a covenant. Each covenant is a separate and independent covenant and a breach of covenant by any party shall not relieve the other parties from their obligations to perform each of their covenants, except as otherwise provided in this Agreement. Severability 26. The invalidity or unenforceability of any provision in this Agreement shall affect the validity or enforceability of such provision only and any such invalid provision shall be deemed to be severable from the balance of this Agreement. Amendment 27. No supplement, modification, amendment or waiver of this Agreement shall be binding unless executed in writing by both parties. Entire Agreement 28. This Agreement constitutes the entire agreement between the parties relating to the JFL Lands and supersedes any and all promises, representations, or other statements whether oral or written made by or on behalf of either party to the other of any nature whatsoever. WITNESS WHEREOF the parties have executed this Agreement. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON _________________________________________ Adrian Foster, Mayor _________________________________________ Anne Greentree, Municipal Clerk JURY LANDS FOUNDATION _________________________________________ Marilyn Morawetz, Chair _________________________________________ Steve Coles, Director