RE: Community Partnership Program Port Maitland Cairn Proposal

Transcription

1 HALDIMAND COUNTY Report PED-COM of the General Manager of Planning and Economic Development For Consideration by RE: Community Partnership Program Port Maitland Cairn Proposal OBJECTIVE: To approve a community request from the Port Maitland On the Grand Historical Association to undertake the construction of a commemorative cairn at Beckley Beach in Port Maitland East Park. RECOMMENDATIONS: 1. THAT Report PED-COM Re: Community Partnership Program Port Maitland Cairn Proposal dated June 9, 2014 be received; 2. AND THAT Council supports the request for approval to undertake the proposed project on Haldimand County property; 3. AND THAT Council approves capital project funding to an upset limit of $10,400, with related funding from the Community Partnership Capital Reserve, to support the construction of a natural-stone heritage cairn commemorating four significant historical events/activities on the site: the 200 th Anniversary (in 2015) of the Grand River Naval Depot, the 1842 construction of the Feeder Canal and Lock, the 100-plus year commercial fishing industry in the community, and the Grand River Naval Depot Cemetery; 4. AND THAT the Mayor and Clerk be authorized to sign the attached License Agreement with the Port Maitland On the Grand Historical Association for this initiative; 5. AND THAT project and funding approval is conditional upon compliance with Policy and County standards, permits and processes; Date of Meeting: August 05, 2014 Page 1 of 18

2 6. AND THAT the Revised Budget as outlined in PED-COM be approved. Prepared by: Reviewed by: Katrina Schmitz Community Partnership Liaison Date: June 9, 2014 Respectfully submitted: Sheila Wilson, CPRP Manager, Community Development & Partnerships Approved: Craig Manley, MCIP, RPP General Manager Planning & Economic Development Department Donald G. Boyle Chief Administrative Officer Date of Meeting: August 05, 2014 Page 2 of 18

3 BACKGROUND: In May 2011, Haldimand County approved the Community Partnership Program (CPP) to encourage and enhance strategic community partnerships to the benefit of community groups, the County and residents. To support this public engagement initiative, Council approved $150,000 in annual funding to facilitate capital projects on municipal land. Further, the CPP was intended to support the efforts of community groups to access third-party sources of funding and in-kind contributions to help facilitate these projects. The intent and purpose of the Community Projects Capital Grants Program is to be simple, streamlined and customer-focused, allowing staff to facilitate positive partnership investments to improve County facilities and assets. The Program is intended to balance the rigor of the review process, necessary to ensure legitimate public interest issues are addressed, with flexibility and respect for the volunteer commitment of groups. The request by the Port Maitland On the Grand Historical Association is for: (i) (ii) Approval to undertake this project on Haldimand County property; and Capital funding to support the creation of a commemorative cairn to honour four key historic events at the site of Port Maitland East Park s Beckley Beach: (i) the 200 th anniversary of the Grand River Naval Depot (in 2015); (ii) the 1842 construction of the Feeder Canal and Lock; (iii) the 100-plus year commercial fishing industry in the community; and, (iv) the Grand River Naval Depot Cemetery. Haldimand County is being requested to provide $10,400 in CPP capital funding. ANALYSIS: Since 2005 when it was created, the Port Maitland On the Grand Historical Association (PMHA) has been involved in the preservation of the diverse heritage of the former townships whose borders touched the Grand River between Port Maitland and its source. Named the Grand River Conservation Authority s Watershed Award winner in 2008, the PMHA has undertaken and promoted the study and historical research of the area, documenting and archiving all manner of paperwork, photographs, sketches and other materials. The group has a desire not only to ensure Port Maitland is identified and remembered for its historical significance (as a naval, military and commercial trade site) but to collaborate with like-minded partners locally, regionally and beyond to support these goals. Most recently, the group s interests have focused on the Beckley Beach/Brown s Point area of Port Maitland, located between the Grand River and the Port Maitland Feeder Lock and Canal. Local historians were already aware of the significance of the Port Maitland East Park site for the following reasons: 1. It was the home of the Grand River Naval Depot, which was established by the Royal Navy in 1815 as the first naval base on Lake Erie to defend Upper Canada from another invasion from the United States; 2. The site is adjacent to the Feeder Canal and Port Maitland Lock, the creation of which allowed ships to navigate from both the Welland Canal and Lake Erie to the Upper Grand River; and 3. Port Maitland was a major commercial fishing port from the mid-1800s until the late 1950s, becoming the home of one of the largest freshwater fishing fleets in the Americas. Date of Meeting: August 05, 2014 Page 3 of 18

4 In 2012, through funding from the national Jackman Foundation, volunteers with the PMHA undertook an archaeological assessment to determine if the site was also home to the Grand River Naval Depot Cemetery. There was written evidence supporting this given that members of the Royal Navy and their families had been stationed at the site from and that Port Maitland was the only port on the north shore of Lake Erie where sailors could get medical treatment. Although the assessment was unable to find the location of the cemetery, significant historical documentation exists confirming the burial of at least three sailors on the site. Need & Community Benefit: Given these four significant historic events on the site, PMHA believes the construction of a memorial is timely and offers opportunities to recognize the rich history of the Port Maitland community, encourage tourism and help preserve the knowledge and significance of the area. In its CPP application the group states: Commemoration remembering and marking your past makes an important contribution to our sense of community, continuity and connection. Written texts and memorials all serve to commemorate events, people and values we wish to remember from our past and give us a sense of place. The Port Maitland cairn is a tangible way of indentifying and promoting the historical significance of the Beckley Beach/Brown s Point community as a heritage site and the important role it played in the history of Haldimand County, the Niagara Region and the province. It also provides an opportunity to attract heritage enthusiasts and will be a source of great community pride, marking this location as historically relevant beyond the local community s borders. The group has indicated the location is also important as Port Maitland s waterways (the Grand River and Lake Erie) served as feeder sources to the Welland Canal, which is currently being considered for designation as a national historic site. The cairn, located just down the road from the Port Maitland Lock, will become an additional heritage/tourist feature celebrating the region s history. Port Maitland is also one of the key areas in which the County has made investments to support tourism development. The proposed location already serves to draw tourists as it is the site of a Grand Valley Trails Association connection and has a boat launch, as well as being in close proximity to the Feeder Canal and Lock. Other recent efforts to attract visitors to the area include the rehabilitation of Port Maitland Park/Esplanade adjacent to the pier, where the County has this year constructed a new gazebo and enhanced Park amenities and parking. Further, the site is part of Haldimand County s trails system; specifically the Waterfront Trail and the Haldimand Tour. Lastly, the cairn creates an opportunity for youth (through the school system or with families) to visit and experience the Port Maitland area as a means to connecting with local and regional history. The proposal is a new initiative and meets the strategic objectives and criteria of Haldimand County and the CPP s Capital Grants Program, including: (i) Enhancing community vibrancy; (ii) Providing greater access to new sources of capital funding; and (iii) Capitalizing on collective energies and expertise of participating groups. While it is not identified as an objective of the CPP, heritage preservation and cultural commemoration are goals of Heritage Haldimand and the Museums of Haldimand County. The PMHA worked with County staff and volunteers within both groups to develop the proposal for the cairn, and Heritage Haldimand has confirmed its support of the project. Date of Meeting: August 05, 2014 Page 4 of 18

5 Community Support: Among the other community partners supportive of the PMHA s proposal is the Dunnville & District Historical Association, the Dunnville Heritage & Cultural Foundation, the Jackman Foundation, the Beckley Beach Corporation (the community adjacent to the Park), archaeologists involved in the 2012 assessment and local residents interested in heritage and history. The proposed work plan for this project includes: (i) Developing an engineered/stamped detailed design; (ii) Securing appropriate permits; (iii) Preparing the site, including general clean up of the park; (iv) Grading of the site and excavating for the base of the memorial cairn; (v) Pouring of a 5 concrete base and construction of the cairn framework; (vi) Stone masonry to create the 8, pyramid-shaped cairn; (vii) Installation of a granite background and bronze plaques identifying the four events to be recognized on all four sides; (viii) Installation of donor paving stones around the base of cairn; and (ix) Landscaping. Although no changes will be made to or near the shoreline (given conservation restrictions) the project will include some general clean up/enhancement of the Park, possibly including grass seeding, armour stone to ensure no traffic on the park land and for informal seating, lighting and benches (depending upon resources). Budget & Fund-Raising: The PMHA has based its project budget of $29,700 on a draft design of the cairn (Attachment 2) and has received quotes for all aspects of the work, in many cases benefitting from in-kind expertise or favourable pricing due to the volunteer and heritage nature of the project. It is anticipated the only additional operating costs to the County would relate possibly to lighting and insurance, given the asset would be an addition to the County s current policy. It is the intention of the PMHA to initiate a fund-raising campaign to support the project; including offering donors the opportunity to purchase engraved paver stones to be placed around the cairn. As well, the group recently submitted an application to the Ontario Trillium Foundation for funding, with the hope that the project will be approved by Council. Although the cairn construction is a new initiative, the proposal is seen as a positive addition to the Port Maitland area, and is the first heritage-based capital project proposed through the Community Partnership Program since it was launched in The timing is ideal as it offers an opportunity to celebrate a significant local historical milestone (the 200 th anniversary of the construction of the Grand River Naval Depot). Project Review: The cairn proposal was reviewed by an interdepartmental team of County staff as well as the Grand River Conservation Authority. At this time, no major concerns have been identified. The group will be required to continue working with County staff to ensure all standards, permits and requirements are met, including investigating construction methods which might limit graffiti and vandalism. Date of Meeting: August 05, 2014 Page 5 of 18

6 BUDGET/LEGAL IMPLICATIONS: Policy No states that the Community Partnership Program will encourage and actively support partnerships with not-for-profit community groups. Within the Community Projects Capital Grants Program, Council has the responsibility to approve community capital projects with an overall budget of greater than $10,000. The overall proposed budget for this project is $29,700. The requested funding of $10,400 is in keeping with the Community Projects Capital Grants Program funding limitations of 35% of the total project value up to a maximum of $25,000 per year. Based upon approved/recommended projects to date requiring funding from the Community Partnership Capital Reserve, there are sufficient funds available in the Reserve. Should this initiative be approved there remains approximately $45,520 in the Community Partnership Capital Reserve which is unallocated. This will limit the contributions possible during 2014 for other potential projects. It should be noted that, in 2014, Council changed the Community Partnership Program funding source from a tax supported levy contribution to the 20% CVF allocated to County-wide vibrancy initiatives. To facilitate receipt of the community donations, this project will be approved as a 2014 project with construction occurring in 2015 to provide time to solicit the required community funds. The Community Partnership Program policy ( ) requires that all community funding for Council-approved projects must be in place with the County or secured/confirmed with the applicable community group prior to the start of any construction. In cases where the project is being managed by the community group and the related community financial contribution will not be received by the County (e.g. the community group is responsible for paying project invoices), the County will provide its contribution to the community group upon final reconciliation of the project (including in-kind donations) in order to complete the recording of any related tangible capital assets. As a result of the changes proposed in this report, the following budget amendment is required: Current Approved Budget Proposed Revised Budget Expenditures: Port Maitland Cairn $ 0 $ 29,700 Total Expenditures: $ 0 $ 29,700 Financing: Donations (65%) $ 0 $ 19,300 Community Partnership Capital Reserve (35%) $ 0 $ 10,400 Total Financing: $ 0 $ 29,700 In addition to the funding required for the requested renovation, under Public Sector Accounting Board (PSAB) reporting standards, the County is required to record the fair market value of contributed assets. This enhancement will be amortized over the estimated life of the associated asset for accounting purposes. Ongoing additional operating costs (inspections, maintenance and repair) will be the responsibility of the County and may require an increase in the Tax Supported Operating Date of Meeting: August 05, 2014 Page 6 of 18

7 Budget. Capital replacement or rehabilitation of the cairn will be assessed as a partnership project between the Port Maitland On the Grand Historical Association (PMHA) and the County. INTERDEPARTMENTAL IMPACTS: This application was assessed by staff from the following Divisions: Building Controls & By-law Enforcement, Community Development & Partnerships, Economic Development & Tourism, Facilities & Parks Operations, Finance, Planning & Development, Roads Operations and Support Services. Given the proposed location of the cairn, the request was also reviewed by staff from the Grand River Conservation Authority. LINKS TO STRATEGIC PLANS: Approval of this application is in keeping with the County s strategic priority of enhancing community vibrancy and corporate image as well as enriching strategic partnerships within our community. CONCLUSION: In order to support the intent and values of the Community Partnership Program and enhance meaningful partnerships with the County s many community groups, staff is recommending the Port Maitland On the Grand Historical Association cairn proposal be approved with related funding to an upset limit of $10,400. This approval is conditional upon compliance with Policy and staff review feedback regarding construction standards, signing of the attached License Agreement and the securing of all related project funding and permits prior to construction start. ATTACHMENTS: 1. Project Location Port Maitland (East Side) Park. 2. Proposed Cairn Location & Design. 3. License Agreement Port Maitland On the Grand Historical Association. Date of Meeting: August 05, 2014 Page 7 of 18

8 REQUIRED AND RECEIVED COMMENTS FROM: Yes or Not applicable Clerk s Community Services Department Finance Health & Social Services Department Human Resources Information Systems Legal Public Works Department Planning & Economic Development Department Support Services Other Not applicable Yes Yes Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Yes Not applicable CLERK S DIVISION REVIEW - Community Partnership Program Port Maitland Cairn Proposal COUNCIL IN COMMITTEE: RECOMMENDATION NO Approved Approved with Amendments Defeated Deferred Other COUNCIL: RESOLUTION NO: Approved Approved with Amendments (Noted below) Defeated Deferred Other Amended Recommendation(s): Council Direction: Clerk s Division Action Taken: Date of Meeting: August 05, 2014 Page 8 of 18

9 Project Location Port Maitland (East Side) Park, Attachment 1 Date of Meeting: August 05, 2014 Page 9 of 18

10 Date of Meeting: August 05, 2014 Page 10 of 18

11 Proposed Cairn Location & Design, Attachment 2 Date of Meeting: August 05, 2014 Page 11 of 18

12 Date of Meeting: August 05, 2014 Page 12 of 18

13 Date of Meeting: August 05, 2014 Page 13 of 18

14 LICENSE AGREEMENT, Attachment 3 THIS AGREEMENT is made in duplicate on the day,, BETWEEN: THE CORPORATION OF HALDIMAND COUNTY hereinafter called the Licensor AND: THE PORT MAITLAND ON THE GRAND HISTORICAL ASSOCIATION hereinafter called the Licensee WHEREAS the Licensor is the registered owner of the lands municipally known as Roll # Geographic Township of Sherbrooke, Port Maitland, ON, now Haldimand County, Ontario (the Lands ); AND WHEREAS the parties hereto have agreed that the Licensee shall have the right, pursuant to the license herein granted, to utilize a portion of the Lands as outlined in heavy black (the Licensed Premises ) on the plan attached hereto as Schedule A, subject to the terms and conditions of this License Agreement (the Agreement ). Now therefore, in consideration of the sum of Two Dollars ($2.00 Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto and of the mutual covenants and agreements herein contained, it is agreed between the parties as follows: 1. Grant of Licence The Licensor hereby grants to the Licensee the license and privilege to use the Licensed Premises for the purpose of constructing a Memorial Cairn (the Cairn ), on the Licensed Premises, and for no other purpose without the prior written consent of the Licensor. 2. Term The Agreement shall be for a term of Five (5) years, commencing on the day of, 2014 and terminating on the day of, 2019 (the Term ). Either the Licensee or the Licensor shall have the right to cancel this Agreement at any time, by giving the other Ninety (90) days prior written notice of cancellation. 3. Installation, Maintenance, Repair and Upkeep to the Licensed Premises The Licensee covenants with the Licensor, at its sole cost and expense, to provide for (i) all applicable permits and authorizations required by law in Haldimand County, the Province of Ontario and Canada; (ii) materials; (iii) labour; and, (iv) all other requirements to complete the Date of Meeting: August 05, 2014 Page 14 of 18

15 Project during the term of the Agreement. The Licensee will not install, maintain, repair or make any preparatory arrangements without the prior consent of the Licensor. 4. Maintenance, Repair and Upkeep of the Licensed Premises The Licensor covenants, at the Licensor s sole cost and expense, to provide for related maintenance of the Licensed Premises and the Cairn so that they are maintained in a good state of repair throughout the Term. 5. Contractor Requirements for Installation, Maintenance, Repair or Upkeep The Licensee covenants that all contractors hired by the Licensee to construct the Cairn at the Licensed Premises shall supply a clearance certificate from the Workplace Safety Insurance Board and a certificate of insurance from an insurer licensed to conduct business in the Province of Ontario for no less than $2,000,000 (Two Million Dollars) General Liability Insurance naming Haldimand County as an additional insured, prior to the commencement of work on the Licensed Premises. 6. Access The Licensor shall permit the Licensee, its agents, invitees and those having business with any of them, full and uninterrupted access to the Licensed Premises during the Term. The Licensor shall be indemnified for any interrupted access due to labour strikes, Acts of God, or other circumstances beyond its control. 7. License, Not Lease No legal title or interest in the Licensed Premises shall be deemed or construed to have been created or vested in the Licensee by anything contained herein. 8. Environmental Contaminants The Licensee shall use its continuing effort throughout the Term and any extension thereof to ensure that no part of the Lands is used to generate, manufacture, refine, treat, transport, store, handle, dispose of, transfer or produce any Environmental Contaminant onto the Lands. 9. Indemnities and Releases Save and except for any damage arising from the negligent act or omission of the Licensor or Licensee, as the case may be, or any person for whom they are in law responsible, the parties hereto agree to indemnify and save harmless each other from and against any and all claims, including, without limitation, all claims for bodily injury or property damage, arising from any act or omission of the other party, any assignee, agent, contractor, servant, volunteer, employee or invitee of the other party or those for whom the other party is in law responsible, and from and against all costs, counsel fees, expenses and liabilities incurred in connection with any such claim or any action or proceeding brought thereon and agree to look only to their respective insurance coverage in the event of such loss. 10. Insurance The Licensor shall include the Cairn in its blanket coverage property policy. In respect of third party liability related to the Licensed Premises and the Cairn, the Licensor shall include the Cairn in its blanket coverage liability policy. Date of Meeting: August 05, 2014 Page 15 of 18

16 11. Assignment and Sub-Licensing The Licensee shall not assign this Agreement or sublicense the Licensed Premises without the prior written consent of the Licensor. 12. Notices All notices and demands provided for in this Agreement shall be in writing and shall be served personally, ed or shall be mailed to either party as follows: To the Licensor: To the Licensee: The Corporation of Haldimand County 45 Munsee Street North Cayuga, ON N0A 1E0 Tel: Attention: Katrina Schmitz; Community Partnership Liaison Port Maitland On the Grand Historical Association c/o Sylvia Weaver, Project Chair 210 Main Street East; Unit #301 Dunnville, ON N1A 3G If such notice is sent by mail as aforesaid, it shall be deemed to have been received by the recipient Four (4) working days after date of posting. If such notice is ed or delivered to the recipient it shall be deemed to have been received by the recipient on the next business date of delivery. 13. Entire Agreement This Agreement constitutes and defines the entire contract and agreement between the parties hereto with respect to the Licensed Premises. No oral term or condition, warranty, collateral understanding or agreement other than expressly contained in this Agreement shall form a part of the contract or be binding upon any party hereto. IN WITNESS WHEREOF the parties hereto have executed this Agreement. THE CORPORATION OF HALDIMAND COUNTY Per: Mayor Ken Hewitt Per: Evelyn Eichenbaum, Clerk PORT MAITLAND ON THE GRAND HISTORICAL ASSOCIATION Date of Meeting: August 05, 2014 Page 16 of 18

17 I/We have the authority to bind the Corporation. Per: William Warnick, President Per: Kevin Dockrill, Vice-President Date of Meeting: August 05, 2014 Page 17 of 18

18 SCHEDULE A Licensed Premises Date of Meeting: August 05, 2014 Page 18 of 18