Town of Bracebridge Council Correspondence

Transcription

1 Town of Bracebridge Council Correspondence TO: COPY: FROM: Mayor G. Smith and Members of Town Council J. Sisson, Chief Administrative Officer Management Team Media L. McDonald, Director of Corporate Services/Clerk DATE: November 23, 2016 CIRCULATION: Item # Description SECTION A STAFF INFORMATION MEMOS: A1 Memorandum from L. McDonald, Director of Corporate Services/Clerk and M. Gower, Deputy Clerk, dated November 23, 2016, regarding Land Disposition Application (Muskoka Condo Corporations No. 8 and No. 13) (Riverwoods Boat Basin on South Branch of Muskoka River). SECTION B GENERAL CORRESPONDENCE: B1 B2 B3 B4 B5 B6 B7 Resolution from the Corporation of the Township of Madawaska Valley, dated November 7, 2016, regarding Bill 7, the Promoting Affordable Housing Act, Resolution from Canton-Bonfield Township, dated November 8, 2016, regarding support for resolution that the debt incurred from 2015 Pan Am and Parapan Am Games should be funded by the City of Toronto. Resolution from the Township of Georgian Bay, dated November 14, 2016, regarding a request that the Province re-evaluate the structure of hydro. Correspondence from Amber McDonald, Deputy Clerk, Township of Georgian Bay, dated November 16, 2016, regarding support for the Township of Zorra s resolution regarding the Accommodation Review Process. Correspondence from Nancy J. Bozzato, Dipl. M. M. AMCT, Town Clerk, Pelham Niagara, dated November 18, 2016, regarding improving Ontario s Intensive Therapy Funding/Services for Children with Autism. Correspondence from Shawn Boggs, Clerk Administrator, Township of McKellar, dated November 22, 2016, regarding the Fire Protection and Prevention Act, Correspondence from Guy Caron, M.P. Rimouski-Neigette-Temiscouata-Les Basques, received November 22, 2016, regarding ending unfair taxation on family business transfers. Page 1.

2 MEMORANDUM Corporate Services Department TO: FROM: DATE: SUBJECT: Mayor G. Smith and Members of Town Council L. McDonald, Director of Corporate Services/Clerk M. Gower, Deputy Clerk November 23, 2016 Land Disposition Application (Muskoka Condo Corporations No. 8 and No. 13) (Riverwoods Boat Basin on South Branch of Muskoka River) As Councillors may recall, motion 14-GC-257, ratified by Council on December 17, 2014, declared the property known as the Riverwoods Boat Basin on the South Branch of the Muskoka River as surplus property and approved it for sale to the applicant, being Muskoka Condo Corporations No. 8 and No. 13. Staff began working with the applicant to move the land disposition process in The process has been complicated and delayed due to multiple landowners, represented by multiple corporations, being involved in the process. As per the Town s land disposition procedures and in accordance with By-law 95-42, being a by-law to govern the disposal of real property, staff proceeded to obtain an appraisal for the subject property. The appraisal was conducted by Wayne Kitchen, Kitchen and Company Appraisal Services, utilizing a Direct Comparison Approach with an indicated value of: $127,000 ($1.80 per sq. foot x 70,567 sq. ft. = $127,000 (rounded)). Information related to the appraisal was communicated to the applicant in August, On November 21, 2016, the Town received a letter from the applicant, which is attached as Appendix A to this memorandum. The applicant has included their analysis and rationale and provided a counter offer of $20,000 to purchase the subject property. The applicant has been informed that the subject property is being sold in accordance with By-law 95-42, and that the sale price for the subject Town-owned property is determined through an opinion of market value by an accredited appraiser. In as much as the appraised amount for the property is $127,000 and in as much as the counter offer of $20,000 from the applicant represents only 15.8% of the appraised value of the property, staff have informed the applicant that the Town cannot proceed with the sale of the subject property. Although By-law indicates that appraisals shall be used as a guide and shall not be determinative of the terms or price upon which Council may sell any particular piece of real property, staff believe that the offer from the applicant is totally inconsistent with By-law and the Town s past practice in disposing of valuable waterfront property. This memorandum has been prepared to update Council on the status of the potential sale of the boat basin property. Staff will continue to work with the applicant to determine whether a mutually acceptable price for the subject property can be determined. For additional information, Staff Report CS is attached as Appendix B. Please let me know if I can provide further information or clarification on this matter. I can be reached at extension 243, or alternatively, please contact Matt Gower at extension 247. L. McDonald, Director of Corporate Services/Clerk M. Gower, Deputy Clerk

3 MEMORANDUM Corporate Services Department APPENDIX A Letter from Jan Veitch, Received November 21, 2016

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7 MEMORANDUM Corporate Services Department APPENDIX B Staff Report CS038-14

8 Staff Report CS General Committee December 9, 2014 Page: 1 File #: TO: FROM: Councillor M. Quemby, Chair and Members of General Committee L. McDonald, Director of Corporate Services/Clerk M. Gower, Deputy Clerk SUBJECT: Land Disposition Application (Muskoka Condo Corporations No. 8 and No. 13) (Riverwoods Boat Basin on South Branch of Muskoka River) RECOMMENDATION 1. That the property described as Lot 1 and Part of Blocks C and D, Plan M-537, further described as Parts 1 and 2, Plan 35R-9195, and Part 1, Plan 35R-9254, also known as the Riverwoods Boat Basin, in the former Township of Bracebridge, now in the Town of Bracebridge, District Municipality of Muskoka, be declared surplus and approved for sale to the applicant, subject to the following conditions: ORIGIN 1.1. That the applicant provide a storm drainage easement in alignment with the existing system, to accommodate road storm water drainage from Southbank Drive through the property in question, to the Boat Basin That the applicant provide an easement for public access through the property as part of the Town s walking trail system with the potential to connect to a future trail system to the south and west of the boat basin That the applicant be advised that, in accordance with the Town s Official Plan under the Narrow Water Bodies Policy and under Section 41.1 of the Planning Act, any development on the property will require a Site Evaluation Report and Site Plan Approval and be subject to a site plan agreement That in accordance with By-law 95-42, being a by-law to govern the disposal of real property, the sale price for the subject Town-owned property be determined through an opinion of market value by an accredited appraiser That all costs be borne by the applicants. 2. A letter from Jan Veitch, attached as Appendix A, dated May 5, 2014, on behalf of Muskoka Condominium Corporations 8 and 13, requesting to purchase the lands described as Lot 1 and Part of Blocks C and D, Plan M-537, further described as Parts 1 and 2, Plan 35R-9195, and Part 1, Plan 35R-9254, also known as the Riverwoods Boat Basin, was received and circulated for comments. 3. In the 1980s Courtwood Heights Ltd. developed certain lands on the South Branch of the Muskoka River off South Bank Drive. Through conditions of a site plan agreement between the Town and the landowner, dated April 20, 1983, and registered as instrument # , the Town agreed to lease to the owner Lot 1 and Part of Blocks C and D, Plan M-537 for use as a boat basin and tennis court. A Site Plan of the Riverwoods Boat Basin is attached as Appendix B. 4. Pursuant to the site plan agreement, the Town executed a lease agreement with Muskoka Condominium Corporations No. 6, No. 8 and Orillia Lumber Company Limited, dated March 29, 1988 for use of the Boat Basin and Tennis Court areas. The term of the lease was for (10) years with automatic indefinite 10 year renewal periods.

9 Staff Report CS General Committee December 9, 2014 Page: 2 File #: 5. The agreement grants exclusive use of the property to the Condominium Corporations, including the exclusive licence to enter upon, use and enjoy the Boating Basin for the purposes of the use thereof as a recreation facility and the maintenance, repair and improvement thereto. 6. In 2005 members of the Muskoka Condominium Corporation requested renewal of the lease agreement with the removal of Orillia Lumber Company Limited as a party. It was believed in 2005 that the Orillia Lumber Company Limited had sold their land interests affected by the agreement to Ontario Limited. 7. It was not determined until 2010, through a title search and further analysis of the original conditions in the lease agreement by both the Town solicitor and the solicitor for the condominium corporations, that Orillia Lumber Company was no longer in existence and its interest in the lands affected by the agreement had not been transferred. As such Muskoka Condominium Corporation No. 6 and Muskoka Condominium Corporation No. 8 were the only parties with surviving rights under the original lease agreement. 8. The original lands owned by the Orillia Lumber Company Limited were now developed as two additional condominium corporations, Muskoka Condominium Corporation No. 13 and Muskoka Condominium Corporation No. 24. It was the opinion of Town staff and the solicitor for the Town that these new condominium corporations should be added as parties to a new lease. 9. The request to purchase the lands by the applicants is the result of efforts over the past 4-5 years whereby Town staff were involved in attempting to get a new lease with all four of the Muskoka Condominium Corporations. 10. Due to the significant work that has to be undertaken to restore the areas to a safe condition, the applicant determined it would be in their best interests to make an application to purchase the property rather than enter into another lease agreement. 11. The applicant had contacted the other two Corporations, Muskoka Condominium Corporations 6 and 24, and has indicated that they do not wish to be included with the applicant to purchase the subject property at this time. 12. The purpose of this staff report is to seek Council s authorization to declare the property described as Lot 1 and Part of Blocks C and D, Plan M-537, further described as Parts 1 and 2, Plan 35R-9195, and Part 1, Plan 35R-9254, also known as the Riverwoods Boat Basin, in the former Township of Bracebridge, now in the Town of Bracebridge, District Municipality of Muskoka, surplus and approve for sale to the applicant. A map of the property to be declared surplus is attached as Appendix C. ANALYSIS 13. The majority of the subject property is designated as Open Space under the Official Plan. A small portion of the subject property is designated as Residential Property as identified on Appendix A of the Official Plan. 14. The property is zoned EP1. No new structures are permitted - only shoreline accessory structures are permitted. 15. The property is subject to the Narrow Waterbodies Policies contained within the Town s Official Plan and therefore any development including shorelines structures will require a Site Evaluation Report and is subject to Site Plan Control. 16. The type of fish habitat in front of this property would be categorized as Type 1 habitat. Type 1 is the most significant habitat and requires the highest level of protection.

10 Staff Report CS General Committee December 9, 2014 Page: 3 File #: 17. Several site visits to the subject property have been conducted by the Director of Public Works, in addition to site visits accompanied by the Director of Planning and Development, Director of Recreation, and staff from the Corporate Services Department. Photos from the site visits are attached as Appendix D. 18. It was observed during the site visits that most of the structures are in need of significant repair or replacement and represent a significant liability to the Town. 19. Members of the Condominium Corporations have placed caution tape and a closed sign on the stairs leading down to the Boat Basin. In addition to the structural safety issues with the stairway down to the boat basin, during the site visit, the stairs were extremely slippery and would likely require alterations to improve traction during wet periods. 20. Commenting agencies and departments responded as follows: The Planning and Development Department recommends that the property be sold to the applicant subject to: The applicant providing an easement being maintained along the existing stairway location to the shoreline towards lands owned by the Town to the south (see Appendix E ) The applicants are to be advised that in accordance with the Town s Official Plan under the Narrow Water Bodies Policy and under Section 41.1 of the Planning Act that any development on the property will require a Site Evaluation Report and Site Plan Approval and be subject to a site plan agreement The easement would allow connectivity to a future trail system. The property is required to be merged in title with the applicant s property if possible. The applicants are to be advised that in accordance with the Town s Official Plan under the Narrow Water Bodies Policy and under Section 41.1 of the Planning Act that any development on the property will require a Site Evaluation Report and Site Plan Approval and be subject to a site plan agreement Further to numerous discussions, site visits with the Director of Recreation, Director of Planning and Economic Development, and Deputy Clerk, the Public Works Department has no objection to the disposition of the Boat Basin Lands to Muskoka Condominium Corporations 8 and 13, subject to: The provision of a storm drainage easement in alignment with the existing system, to accommodate road storm water drainage from Southbank Drive through the property in question, to the Boat Basin The provision of an easement for public access through the property as part of the Town s walking trail system with the potential to connect to a future trail system to the south and west of the Boat Basin The Public Works Department notes that the existing Boat Basin infrastructure constructed under the previous lease agreement is all in poor condition and creates a potential safety risk. This infrastructure includes: access stairs, boat docks, a pedestrian bridge and sheet pile retaining walls which creates a canal access to the South Branch of the Muskoka River. It appears as though the existing tennis court and surrounding fence remain in good condition. The existing infrastructure should be repaired or dismantled and removed immediately.

11 Staff Report CS General Committee December 9, 2014 Page: 4 File #: Comments from the Municipal Surveyor confirmed that an inspection of the subject property was completed and from their perspective there is no reason why the proposed disposition of land should not proceed. 21. Based on the comments received and staff s review of the property it is recommended that the property described as Lot 1 and Part of Blocks C and D, Plan M-537, further described as Parts 1 and 2, Plan 35R-9195, and Part 1, Plan 35R-9254, also known as the Riverwoods Boat Basin, in the former Township of Bracebridge, now in the Town of Bracebridge, District Municipality of Muskoka, be declared surplus and approved for sale to the applicant, subject to the following conditions: That the applicant provide a storm drainage easement in alignment with the existing system, to accommodate road storm water drainage from Southbank Drive through the property in question, to the Boat Basin That the applicant provide an easement for public access through the property as part of the Town s walking trail system with the potential to connect to a future trail system to the south and west of the boat basin That the applicant be advised that, in accordance with the Town s Official Plan under the Narrow Water Bodies Policy and under Section 41.1 of the Planning Act, any development on the property will require a Site Evaluation Report and Site Plan Approval and be subject to a site plan agreement That in accordance with By-law 95-42, being a by-law to govern the disposal of real property, the sale price for the subject Town-owned property be determined through an opinion of market value by an accredited appraiser That all costs be borne by the applicants. 22. Pursuant to By-law 95-42, being a by-law to govern the disposal of real property, the subject property will be appraised by an Accredited Appraiser to determine the value of the land to be sold. LINKAGE TO COMMUNITY BASED STRATEGIC PLAN 23. The sale of Town property is well aligned with the community-based strategic plan objective: A Vibrant, Prosperous and Economically Sustainable Community 24. The transfer of Town property will provide an opportunity for the purchaser to maintain and more appropriately develop the subject property in accordance with Official Plan and Zoning Requirements. 25. Although the agreement provides for exclusivity, the sale of the subject property will reduce the Town s liability due to the significant disrepair and safety hazards presented by the structures in the Boat Basin. 26. Based on the comments received, the subject lands are not required to be retained in public ownership and would be better managed in private ownership. For future trail linkages, staff have recommended a public access easement through the subject property to towards the river and then to the south.

12 Staff Report CS General Committee December 9, 2014 Page: 5 File #: ALTERNATIVE(S) 27. The following alternative is available for Committee consideration: Alternative #1 The Committee could recommend the subject property be retained in public ownership. This course of action is not recommended as the property would be better managed under private ownership. Staff are recommending an easement for public access for potential future trail linkages. EXISTING POLICY 28. By-law 95-42, a by-law to govern the disposal of real property. FINANCIAL IMPLICATIONS 29. The sale price for the subject Town-owned property is determined through an opinion of market value by an accredited appraiser. 30. All costs associated with the acquisition will be the responsibility of the applicant. L. McDonald, Director of Corporate Services/Clerk M. Gower, Deputy Clerk

13 Staff Report CS General Committee December 9, 2014 Page: 6 File #: APPENDIX A Letter from Applicant

14 Staff Report CS General Committee December 9, 2014 Page: 7 File #: APPENDIX B Site Plan of Riverwoods Boat Basin

15 Staff Report CS General Committee December 9, 2014 Page: 8 File #: APPENDIX C Map of Subject Lands Outlined in Red South Branch Muskoka River MCC No. 6 MCC No. 8 Subject Property MCC No. 24 MCC No. 13 N

16 Staff Report CS General Committee December 9, 2014 Page: 9 File #: APPENDIX D Photos of Property Boat Basin (Docks in need of Repair/Replacement) Photo of Boat Basin with Tennis Court in Background

17 Staff Report CS General Committee December 9, 2014 Page: 10 File #: Stairs Down to Basin Stairs Missing Step

18 Staff Report CS General Committee December 9, 2014 Page: 11 File #: Pathway to Bridge Bridge Underneath Bridge

19 Staff Report CS General Committee December 9, 2014 Page: 12 File #: Tennis Court

20 Staff Report CS General Committee December 9, 2014 Page: 13 File #: APPENDIX E Public Access Easement Proposed Easement for Public Access Southbank Drive Road Allowance identified for retention by the Town LEGEND Town owned Lands District owned Lands Shore/Road Allowance for Future Links Proposed Easement for Public Access (approximate)

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30 Township of McKellar P.O. Box 69, McKellar, Ontario P0G 1C0 Phone: (705) Fax: (705) VIA November 22, 2016 The Honourable Kathleen Wynne The Honourable Brad Duguid The Honourable Bob Chiarelli Norm Miller, MPP for Parry Sound-Muskoka Association of Municipalities of Ontario (AMO) Federation of Northern Ontario Municipalities (FONOM) Rural Ontario Municipal Association (ROMA) All Ontario Municipalities Please be advised that at its regular meeting held, Monday November 21, 2016 the Council of the Township of McKellar passed the following resolution: RESOLUTION: WHEREAS the Fire Protection and Prevention Act, 1997, legislates that fire prevention, public education and fire protection services are a mandatory municipal responsibility; AND WHEREAS there are a total of 449 Fire Departments operating in the province comprised of 32 Full-Time Departments, 191 Composite Departments and 226 Volunteer Departments with 11,376 Full-Time Firefighters, 19,347 Volunteer Firefighters and 343 Part-Time Firefighters staffing these departments; AND WHEREAS the fire service represents a significant percentage of small, rural and northern municipalities managed capital assets; AND WHEREAS the Municipal Fire Department and associated assets represent critical municipal infrastructure; AND WHEREAS there are currently no funding opportunities available from the Provincial or the Federal Government for the equipment, training, maintenance, operating or capital requirements of local fire departments; NOW THEREFORE BE IT RESOLVED that the Council of the Township of McKellar hereby petition the Provincial Government to recognize the municipal fire service as critical infrastructure by including funding for Fire Department infrastructure as part of the Provincial Governments Infrastructure Strategy to Move Ontario Forward;

31 AND FURTHER that a copy of this resolution be sent to the Premier of Ontario, the Minister of Economic Development, Employment and Infrastructure, Norm Miller, MPP for Parry Sound-Muskoka, the Association of Municipalities of Ontario (AMO), the Federation of Northern Ontario Municipalities (FONOM), the Rural Ontario Municipal Association (ROMA) and all Ontario municipalities. As per the above resolution, please accept this correspondence for your information and consideration. If you have any questions please do not hesitate to contact undersigned. Sincerely, Shawn Boggs Clerk Administrator Township of McKellar

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