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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.,