Report to: General Committee                                                 Report Date: November 1, 2007

SUBJECT:                          Daniels Fairty House – Feasibility Study

7060 Markham Road, Markham

PREPARED BY:               Eardley Adams, Project Manager

RECOMMENDATION:

THAT the report titled “Daniels Fairty House – Feasibility Study” dated November 1, 2007 be received;

AND THAT Council approve retaining an architect/consultant experienced in adaptive reuse of heritage facilities for community purposes to conduct a feasibility study on the possibility of renovating and expanding the Daniels Fairty House to provide a local community facility.

AND THAT funding in the amount of $20,000 for the feasibility review be obtained from account # 056-6150-7399-005;

AND THAT Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Not applicable

1. Purpose                     2. Background                      3. Discussion                        4. Financial

5. Others (Environmental, Accessibility, Engage 21st, Affected Units)             6. Attachment(s)

PURPOSE:

The purpose of the report is to update Council on the condition of the Daniels Fairty House, the status of the lease negotiations with Markham African Caribbean Association (MACA), and to obtain Council authority to retain an architect/consultant to conduct a feasibility study on the possibility of renovating and expanding the Daniels Fairty House to provide a local community facility.

BACKGROUND:

The Daniels Fairty House is situated on the west side of Markham Road just north of Steeles Avenue East.  The property was acquired by the Town of Markham through a parkland dedication.  The Markham African Caribbean Association (MACA) has occupied the house under a license agreement since  November 1998.

The house consists of a 2 story brick structure with a basement.   The first floor contains three rooms, and the second floor consists of two rooms.  There is a one-storey addition at the rear of the main building.  The rear addition is attached to a large double garage by a breezeway and the garage contains a loft space the full size of the garage.

In accordance with Part IV of the Ontario Heritage Act, the Town passed By-law 2004-110 to designate the Daniels Fairty House as a property of historic value.

1)  Lease Renewal to MACA

In response to a request from MACA to renew their lease and to potentially renovate the house, Council, at its meeting of February 28, 2006, authorized leasing the house to MACA at a nominal rate for 5 years subject to a number of conditions including the  following:

1.      Any future restoration or renovation program requiring a capital contribution from the Town be considered only if MACA contributes funding totaling two-thirds of the estimated cost of the improvement.

2.      Any restoration/renovation project be integrated into the design of John Daniels Park and that a governance model such as a community centre board be established to ensure equitable use between local community groups.

During the negotiation of the new lease MACA raised the issue of the growing deterioration of the building and which party would be responsible in the lease to make the repairs.

2)  Building Condition Audits

In 2005 a building condition audit was conducted by the Asset Management Department.  The audit revealed many issues relating to the deteriorated condition of the building.  The major concern was the building envelope which required new foundation drains, basement wall waterproofing, new windows and exterior doors, and new exterior stucco surface.  Staff submitted in the 2007 budget a project worth $140,000 to address some of these deficiencies.  This project was approved by Council as part of the 2007 Capital Budget.

During the initial design for completing this work, it became apparent that the building was in worse condition than initially determined and may not be suitable for the type of occupancy that MACA was seeking without a major investment.  For this reason, it was decided that a full assessment of the building should be conducted to determine if it was suitable for occupation.  MACA was contacted to convey our concerns about the condition of the building and to determine if MACA had been successful in securing funding for the renovation of the building.

MACA officials reported that they have not been able to raise any funds for their share of the renovation.  Furthermore, they have not been able to establish a community centre board.

The Building Standards Department and the Fire and Emergency Services Department were requested to review the building condition and occupancy for compliance with the Ontario Building Code and Ontario Fire Code respectively.  Two consulting firms were also retained to review the building condition and perform a structural analysis and a hazardous building materials assessment.  These reviews revealed that the building has numerous deficiencies relating to life and fire safety, structural safety, environmental safety and building envelope defects and weaknesses.  Therefore, it has been determined that the building, in its current condition, is not suitable for occupancy. Significant rectification work would be required to restore the building to meet occupancy requirements.  The cost of this work would be substantial.

Mayor Scarpitti, Deputy Mayor Jones, Regional Councillor Heath, Local Councillor Kanapathi, the Town Solicitor and Director of Asset Management met with MACA officials on October 26, 2007 to discuss the condition of the building, the extensive costs to bring it up to occupancy standards and its ongoing occupancy.  Due to numerous health and safety concerns MACA was advised that the building was not suitable for the occupancy requested by MACA and that the Town could not permit continued occupancy of the premises.  They were also advised that continued occupancy of the building would impose an unacceptable liability to the Town.  MACA was advised at the meeting that the Town would advise them in writing that the lease would be terminated and that the Town could not permit further occupancy.  Written notice dated October 26, 2007 was issued to MACA advising of the termination of the current Licence Agreement, effective November 30, 2007.

It is now necessary to determine the appropriate future use for the Daniel Fairty House.

OPTIONS/ DISCUSSION:

The Daniels Fairty House is a designated heritage house that should be maintained by the Town.  From a heritage perspective the most desirable approach would be to restore the house and utilize it for Town purposes.  Examples of this approach to maintaining heritage houses are the Warden House which is operated by Recreation Services Department as a Satellite Community Centre and the Pingle House which is operated by the Human Resources Department as a Town training facility.

The community surrounding the Daniel Fairty House could benefit from the converting the house to a Town-operated local community facility.  In order to determine if this is feasible, staff recommend that an architect/consultant experienced in adaptive reuse of heritage facilities for community purposes be retained to conduct a feasibility study. The study will include determining the following:

·        the appropriate use of the house

·        the renovations required to the existing structure to meet occupancy and heritage requirements, as well as to meet the recommended use

·        the size and nature of the expansion required to meet the recommended use

It will also include providing the estimated capital and operating costs associated with recommended use.

The cost for this study is estimated to be $20,000.

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

The following table is a summary of the financial considerations for this report:

Original Budget and Account #

$137,500

056-6150-7399-005 Fairty House Facility Improvement

Current Budget Available (unspent)

$137,500

Less Cost

($20,000)

Supplier to be determined

Less Contingency

Budget Remaining

$117,500

ENVIRONMENTAL CONSIDERATIONS:

Options will be reviewed to determine the cost of improving the building envelope and heating system and to clean up any hazardous materials.  This will benefit in reducing energy costs and the production of greenhouse gases that contributes to global warming.

ACCESSIBILITY CONSIDERATIONS:

Options will be reviewed to determine the costs of providing a facility that can satisfy the Town’s accessibility criteria.

ENGAGE 21ST CONSIDERATIONS:

Not applicable.

BUSINESS UNITS CONSULTED AND AFFECTED:

Legal Services

Recreation Services

Planning Department, Heritage

RECOMMENDED

BY: ________________________                              ________________________

Steve Andrews P. Eng.                                           Peter Loukes P. Eng.

Director of Asset Management                                Commission Lead

Operations and Asset Management

ATTACHMENTS:

Financial Template

q:\commission share\operations and asset management\reports\2007\asset management\facility assets\daniels fairty house - feasibility study steve's version.doc