DEVELOPMENT SERVICES COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Jim Baird, Commissioner of Development Services Valerie Shuttleworth, Director of Planning and Urban Design
	PREPARED BY:	Peter Wokral, Heritage Planner
	DATE OF MEETING:	November 22, 2005
	SUBJECT:	Heritage Easement Agreements Property Tax Reduction Program for Heritage Properties

RECOMMENDATION:

THAT the Mayor and Clerk be authorized to execute Heritage Easement Agreements with the property owners for the properties identified on Schedule “A” attached to the report dated November 22, 2005, and any other documents required to give effect thereto, in a form satisfactory to the Town Solicitor.

PURPOSE:

The purpose of this report is to obtain authorization from Council for the execution of a number of Heritage Easement Agreements.

BACKGROUND:

The Town created the Heritage Property Tax Reduction Program

The Town has implemented a Heritage Property Tax Reduction Program effective January 1, 2003, to provide tax relief for eligible heritage properties. Council passed By-law 2003-241, the Heritage Tax Reduction Program By-law, on December 16, 2003. The purpose of the tax relief program is to provide an incentive for owners to preserve significant heritage properties in the Town.

One of the eligibility criteria for the Program is a Heritage Easement Agreement

Provincial legislation that permits heritage tax relief programs requires that eligible properties be subject to a heritage easement agreement. Section 5 (iii) of By-law 2003-41 provides that in order to be eligible to apply for a heritage tax reduction, the owner of the property must provide proof that the property is subject to a heritage easement, under s. 22 or 37 of the Ontario Heritage Act, R.S.O. 1990, c. O.18. Section 5(iv) of the by-law requires that for the 2005 taxation year that the heritage easement agreements must be registered against any properties eligible to apply for a reduction under the by-law no later than December 31, 2005.

Heritage Markham has been consulted

Section 37(1) of the Ontario Heritage Act gives the council of a municipality the authority to pass by-laws providing for the entering into of easements or covenants with property owners for the conservation of property of cultural heritage value or interest, after consultation with its municipal heritage committee if there is one. Heritage Markham was consulted at its meeting on November 9, 2005 regarding the eight interested applicants.

The easement agreements identify the cultural attributes to be protected at each property

There are eight properties which require heritage easements agreements in order to apply for the tax rebate program. A list of these properties and property owners who are seeking to enter into a heritage easement agreement with the Town are attached as Appendix “A” to this report. It has been determined by Heritage Planning that each of these properties has cultural heritage value that requires protection. Heritage easement agreements are appropriate for each of these properties.

Generally, the easement agreements require the owner to maintain the dwelling, obtain Town approval for any demolition or exterior alterations, and to maintain insurance coverage on the property. Each easement agreement, once executed, will be registered against the title of the property.

FINANCIAL CONSIDERATIONS:

By-law 2002-276, the Fees and Charges By-law, was amended to eliminate any fees associated with the heritage easement agreements.

BUSINESS UNITS CONSULTED AND AFFECTED:

The Legal Services Department is working closely with the Heritage Planning Section to prepare and process the necessary heritage easement agreements.

ATTACHMENTS:

Appendix A – Draft By-law and List of Eligible Properties for Heritage Easement Agreements

Valerie Shuttleworth, M.C.I.P., R.P.P. Director of Planning & Urban Design

Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services

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