HomeMy WebLinkAboutBy-law 3066/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 3066/89
Being a by-law to authorize the execution of
an agreement with the Ontario Heritage Foundation
for a grant for the preparation of the Heritage
Conservation District Study for the Hamlet of
Whitevale
Whereas pursuant to the Ontario Heritage Act, councils may by by-law
enter into an agreement with the Ontario Heritage Foundation respecting
grants;
Now Therefore the Council of the Corportation of the Town of Pickering
Hereby Enacts as follows:
1. The Mayor and Clerk are hereby authorized to execute an
agreement in the form attached hereto as Schedule "A"
with the Ontario Heritage Foundation respecting a grant
for the preparation of the Heritage Conservation District
Study for the Hamlet of Whitevale.
By-law read a first, second and third time and finally PASSED this 2Oth
day of March, 1989.
Wayne ~hurs, Mayor
BrDce Taylor~/'C~i~k
Ontario
Ministry of Minist~re de la 77 Bloor Street west 77 ouest, rue BIoor
Toronto, Ontario Toronto, Ontario
Culture and Culture et des M7A 2R9 'M7A 2R9
Communications Communications
Heritage Branch /~,~ ,.~/~ f~
Architecture and Heritage
~ ~ ~r File:
(416) 965-4961 ~'%?'? ~t i,~
April 17, 1989
Ns ~a[h~yn Nc~ay
Depu[y C[e~
?he Co~po=a~on o~ ~he To.n o~ ~cke~ng
ZTZ0 K~ngs~on Road
~a~e=~ng, On[a=~o
~[V ~C7
Dea= Ns Nc[ay:
Re:On[a=~o ~er~age Dounda~on G~an[ Ag=eemen~
~he Town of Pickerin~
Please find enclosed your copy of the above agreement which
has been fully executed by the Ontario Meritage Foundation.
Thank you for your co-operation on this matter.
Sincerely,
easdale
Conservation Officer
MT: jb
42.054
Onta~o
Ministry of Minist~re de la 77 sk~o, S,,~ vv.., 77 ou~.~. ,u. moo,
TMonto. OntJtto Toronto, On. rio
Culture and Culture et des , MTA2R9 MTA2R9
Communications Communications
Heritage Branch
Architecture and Heritage Plannino4,_
(416) 965-4961I.~%lZJi~..,.Vourmle:
N~ Kathryn McKay
Deputy Clerk
Corporation of the Town of Picketing
1770 Kingston Road
Picketing, Ontario
LiV 1C7
Dear Ms. McKay:
Re: Whitevale Her±taae Conservation District Study
Please find enclosed three (3) signing copies of the Ontario
Heritage Foundation Gran~ Agreement for ~be ~i~evale
fieri:age Conservation District S:udy. I would ask you ~o
ensure that the document meets with your approval, sign all
three copies and ~0 return :hem ~o me for full execu:ion.
I will return your copy once the doc~en: is ~ully executed.
Thank you ~or your co-operation on this matter.
Sincerely,
Conservation Officer
MT: jb
THIS GRANT AGREEMENT made the 25th day of January. 1989.
BETWEEN
THE CORPORATION OF THE
TOWN OF PICKERING,
hereinafter called the "Municipality"
OF THE FIRST PART:
- and -
THE ONTARIO HERITAGE FOUNDATION,
a body corporate continued by
the Ontario Heritage Act,
R.S.O. 1980, c. 337,
hereinafter called the "Foundation"
OF THE SECOND PART.
WHEREAS the Municipality has requested financial
assistance from the Foundation to meet the costs and expenses which may be
incurred by the Municipality in preparing the Heritage Conservation
District Study for Whitevale (hereinafter called the "Study"):
AND WHEREAS the Foundation has agreed to provide
financial assistance to the Municipality in an amount not to exceed
FOURTEEN THOUSAND DOLLARS ($14,000.00) to assist the Municipality in paying
for the costs and expenses of the Study, on such terms and conditions as
are hereinafter set out:
NOW THEREFORE THIS AGREEMENT WITNESSETH that i n
consideration of the sum of Two ($2.00) Dollars of lawful money of Canada
now paid by the Foundation to the Municipality {the receipt of which is
hereby acknowledged) and in further consideration of the mutual covenants
and agreements herein contained, and subject to the terms and conditions
hereinafter set out, the parties hereto covenant and agree as follows:
1. The Foundation shall make a grant to the Municipality
pursuant to the terms of this Agreement, of an amount not to exceed
FOURTEEN THOUSAND DOLLARS. {$14,000.00) to assist the Municipality in paying
for the costs and expenses which are incurred by the Municipality in
carrying out the Study.
2, The grant referred to in paragraph 1 shall be paid to
the Municipality by the Foundation in the following manner:
(il Seven Thousand Dollars ($7,000.00) upon receipt and
approval by the Foundation of the first draft of the
- 2 -
Study which ts to be submitted to the Foundation on or
before June 30th, 1989; and
(it) the remainder upon completion of the Study and receipt
by the Foundation of the copies of the Study as
described in paragraph S herein.
3, Notwithstanding the terms in paragraph 1 and 2, no
monies shall be paid by the Foundation to the Municipality unless all
reports (draft and final) are completed in accordance with the guidelines
in Schedule A attached hereto is to the satisfaction of the Foundation.
The Municipality shall carry out the research and
prepare the final report for the Study in accordance with the guidelines
and terms of reference attached hereto as Schedule "A" .
5o The Municipality shall, from time to time and upon the
request of the Foundation, provide the Foundation with photocopies of the
research material, interim reports, maps, statistics, data and any other
such documents or material compiled or produced in carrying out the Study,
6, Upon completion the Municipality shall deliver to the
Foundation five ($) copies of the Study.
7. The Foundation may examine and audit the books,
payrolls, accounts and records of the Municipality, at any time during the
progress of the work on the Study or within six (6) months of the
completion of same, with respect to any item to which the Foundation's
grant is applied either directly or indirectly.
8, The Municipality shall give appropriate credit to the
Foundation and acknowledge receipt of financial assistance from the
Foundation in all signs and in all advertisements and brochures, relative
to the Study.
g. The Municipality hereby permits the Foundation to use or
reproduce, in whole or in part the Study and/or the material supplied to
the Foundation pursuant to paragraph 5 herein, provided that the Foundation
shall give appropriate credit to the Municipality and shall acknowledge the
Study as being the source of such material.
10. The Municipality shall hold the Foundation harmless
against and from any and all liabilities, suits, actions, proceedings,
claims, causes, damages, Judgments or costs whatsoever (including all costs
of defending such claims) arising out of, incidental to, or in connection
with any injury or damage to person or property of every nature and kind
(Including death resulting therefrom), occasioned by anything done pursuant
to this Agreement.
ti, It is understood and agreed that this Agreement and any
- 3 -
material submitted to the Foundation under this Agreement may be subject to
disclosure under the Freedom of Information and Privacy Act, S.O. lg87,
Co25.
12. This Agreement shall automatically terminate when all of
the funds committed to the Study by the Foundation in paragraph 1 have been
paid to the Municipality. or within twelve (12) months from the date of
this Agreement. whichever shall first occur. Notwithstanding the
foregoing, should any of the committed funds under paragraoh 2 remain
unpaid after a period of twelve (12) months, the Foundation may extend this
Agreement, at its sole discretion, for such further period which the
Foundation shall determine at that time. The termination of this Agreement
shall be without pre.iudice to the rights and remedies of either party
subsisting at the date of termination: Provided that if the Foundation
decides not to extend this Agreement, it shall he under no obligation to
make any further payments to the Municipality under paragraph 2.
13, This written instrument, including Schedule "A" attached
hereto and forming part hereof, embodies the entire agreement of the
parties with regard to the matters dealt with in this Agreement and no
understandings, representations or agreements, verbal, collateral or
otherwise exist t)etween the parties except as expressly set out in this
Agreement.
14. This Agreement, including Schedule "A" attached hereto
and forming part hereof, shall enure to the benefit of and shall be binding
upon the parties hereto and upon their respective successors and assigns.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals,
SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE
in the presence of TOWN OF PICKERING
Per:
Mayor
c/s
C) er k
THC ONTARIO HERITAGE FOUNDATION
Per:
Approved for execution by
the FoundatiOn by Chairman
c/s
Secretary or Treasurer or
Chief Operating Officer
SCHEOULE "A"
Attached to and forming part of the Grant Agreement between THE CORPORATION
OF THE TOWN OF PICKERING, of the first part, and THE ONTARIO HERITAGE
FOUNDATION, of the second part, dated the 26th day of January, 1989.
11~RMS OF REFERENCE
CALL FOR PROPOSALS
TERMS OF REFERENCE
FOR THE
WHITEVALE HERITAGE CONSERVATION DISTRICT
EXA/41NATION
STUOY OBJECTIVE
To study the area defined In Resolution 24/87, # 5 (see attached) for
designation as a heritage conservation district under the Ontario
Heritage Act.
BACKGROUND
The Town of Picketing has recognized the Hamlet of Whitevale's
architectural and historical importance. In 1974, a provincial panel
evaluating the architectural significance of structures on the North
Picketing Project and the Toronto Area Airports Project Sites
remarked on Whitevale's "unique character" of "provincial
importance." In 1986, a questionnaire distributed to residents and
property owners during the preparation of the "Whitevale Development
Plan" revealed a desire to preserve the rural setting and nineteenth
century architecture, which included restoring houses, controlling
the architectural design of new buildings, and designating the hamlet
as historic.
The newly formed Local Architectural Conservation Advisory Committee
(LACAC) has chosen to recoa~end the designation of Whltevale as a
heritage conservation district for one of its first projects. On
/Mrch 16, lgaT, the Counctl of the Town of Ptckertng passed
Resolution #24/87, #1S, defining Whltevale as an area to be examined
for future designation as a heritage conservation district under the
Ontario heritage Act.
These terms of reference relate to two phases of the examination:
PHASE ONE (THE BY-LAg)
R study of Whttevale's architectural and historical character and the
extent of area where this character is preserved, resulting in the
preparation of a by-law under Part V of the Ontario Heritage Act.
PHASE TWO (OPERATIONAL PROCEDURES)
The graphic preparation of heritage conservation district plans
including a manual of operational guidelines
PHASE, ONE
Elements:
An illustrated and footnoted history of Whitevale, emphasizing
its founding and morphological development.
2. Identification of architecturally and historically significant
buildings (a concise description of each, including as much
historical information, e.g. construction date, original owner,
etc., as possible and their recording in black and white
photographs noting those properties designated under Part IV of
the Ontario Heritage Act).
3. Examination of the relationships among significant but)dings:
describe patterns in height, materials (type and colour).
frontage, setback, stdeyards, roof shape and pitch,
fenestration, architectural detail, and vertical or horizontal
orientation, etc., including 1aha, arks.
¢. Description of the land use pattern surviving from earlier
periods, e.g. proportion of open space to building, lot
coverage, building types, views.
5. Identification and description of significant streetscape and
landscape features, e.g. street lamps, street trees, road
surface and edges, bridges, fences and walls, ruins, dams and
mill equipment, signs, watercourses, hills, public gardens,
orchards, hedgerow, parks, woods, natural areas and cemeteries.
notation of any known arch~eplnO(_~_l ~(ea~
7. A summary of the ~enera~ architectural and historical cha,'acter
of the study area.
Identification of features that detract from this character.
9. Evaluation of the effect of policies or programmes of the Town,
conservation authority and other levels of government on this
character. Exploration of the area of government programs
available for assisting and regulating the district's
improvement,~
10. Evaluation of the effect of recent trends by private property
owners on this character.
4
11. Evaluation of resident and property owners' perceptions through
a review of the questionnaire distributed in Ju)y 1986 and the
Whttevale and District Residents Association's July 30, 1986
proposal.
RECOI~ENOATIONS
The consultant will make reconmmndattons on the delineation of
boundaries for a Whitevale heritage conservation district, reasons
for their selection, and justification for inclusion of any vacant
land (the study area in its entirety may be reconmended or a portion
thereof).
PRESENTATION
The consultant will prepare a manuscript containing the above.
Ne/she will direct the typing and illustration and proofread the
copy. The study document will follow the letter-size format o~ other
Town planning documents.
SCHEDULE
It is estimated that six months from the award of the contract will
be required to prepare a draft study document of Phase One.
ASSISTANCE FROM THE TOWN OF PICKERING
Copies of documents and materials that may assist in the undertaking
of t~e study are available from the Planning Department.
Also, the Consultant will include: typlng, photocopying, maps,
graphic work, reproducing and assembling the study document,
photographic costs, generation of statistics and calculations
requtrld during the course of the study, e.g. lot coverage, precise
building heights, and incidental expenses, courier charges where
necessary.
REPORTS A~M[ETINGS
The following report copies shall be provided:
(al Preliminary Draft Report - I copy
(bi Draft Report - I copy
for Public Meeting
(c) Final Report - 30 copies
Meetings shall be held with Planning staff and LACAC as required
during the course of the study, including one meeting to discuss the
Terms of Reference. and one meeting to discuss the Draft Report,
The consultant will also be required to attend the Town Executive
Comtttee meeting at which the Final Report is considered, and the
Ontario Municipal Board meeting.
Meetings with other public or private agencies or individuals,
including interested landowners, will be required. One public
meeting er one public open house to discuss the Draft Report will be
required to be held prior to the Town Executive Committee meeting.
AOOITIONAL CONSIOERATIONS
The format of reports and mapping shall be to the approval of the
Town. All materials and documents which are prepared during the
course of the study will become the property of the Town upon
completion of the study.
REPORTING
The consultant will report to Kathryn McKay. Deputy Clerk and the
LACAC regularly.
6
cO#SULTANT QUALIFICATIONS
The consultant will have experience in preparing ~erttage
conservation district studies, and be prepared to provide, on
request, pertinent information on past projects.
CONSULTANT FEE
PHASE ONE
Outing the work period when the study is prepared, the consultant
will bill the Town of Picketing monthly, up to a maximum of
The consultant acknowledges that the last I0% of the above stipulated
sum will be held until the typed and illustrated copy is ready.
PHASE TWO
1. Taking into consideration the potential for sharing aspects
from Phase One to Phase Two, t~e consultant will propose an
hourly rate for:
producing drawings necessary to roi)oct the pertinent
aspects of Phase One.
attending meetings
producing operational procedures For processing
applications for projects in the proposed district.
The hourly rate is
TEaR SCHEDULE
The c0nsult&nt sh&11 submit a proposal by 2:00 p.m.,