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HomeMy WebLinkAboutCSD-06-091 - Huron-Strasburg Natural Park Conservancy Project - Huron Naturual Area j ~ Corporate Services ~ Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Community Services Committee June 26, 2006 Fiona M. McCrea, Assistant City Solicitor Dan Ritz, Supervisor of Design & Development Fiona M. McCrea, Assistant City Solicitor June 14, 2006 CSD -06-091 Huron-Strasburg Natural Park Conservancy Project - Huron Natural Area RECOMMENDATION: That the Corporation of the City of Kitchener receive title to lands within the Huron Natural Area presently owned by the Waterloo Catholic District School Board and the Waterloo Region District School Board, free and clear of encumbrances, for nil consideration, subject to a covenant that restricts the use of the lands to a natural conservation area, at the City's cost; That the Corporation of the City of Kitchener enter into a Joint Venture Agreement with the Waterloo Catholic District School Board and the Waterloo Region District School Board that will settle the terms of the management and operation of the Huron Natural Area in accordance with the principles described in Report No. CSD-06-091 ; That the Huron-Strasburg Natural Park Conservation Project be dissolved; and That the Mayor and Clerk be authorized to execute all necessary documentation to give effect to the foregoing resolutions all to the satisfaction of the City Solicitor; EXECUTIVE SUMMARY: The governance structure of the Huron Natural Area Cooperative Project ("HNA") has been a long-standing issue. The current structure proved to be too cumbersome to manage the project as envisioned in the Huron Natural Area Master Plan (2001). Staff and counsel of the City of Kitchener ("City"), the Waterloo Catholic District School Board ("WCDSB") and the Waterloo Region District School Board ("WRDSB") developed a simplified joint venture structure for the governance and management of the HNA. The joint venture proposal includes the transfer of title to the HNA lands to the City with a covenant that they are to be used only for a natural conservation area, major decision-making is to be done by a steering committee comprised of 2 members of each of the 3 partners and the City will assume day to day management of the HNA including the development and implementation of the Master Plan. BACKGROUND: The Huron Natural Area Master Plan was completed in 2001. The Plan set out a governance structure that provided for a board of directors, executive director and technical support staff" committee structure and community stakeholders. The Huron-Strasburg Natural Park Conservation Project was incorporated by letters patent on May 11, 1995. In 1997 Operational Philosophies and Guidelines for the HNA were developed which provided for 9 person board of directors (3 representatives from the board of trustees of each school board and 3 representatives from City council), a 16 member community advisory committee, a 7 member technical advisory committee, a staff committee and program committee each of which would have 6 members. Provision was also made for as hoc committees such as Land Acquisition and Master Plan. By 2002 the board and the 3 partners recognized that the existing governance structure was unwieldy given status of the project including and particularly its limited financial resources. The board recommended that the governance structure be reviewed and recommendations be brought back for consideration and approval so that the HNA project may proceed. REPORT: Staff from the City and each of the school boards met and analyzed various options for the governance of the HNA that would address the interests of each party in the project. Staff came to an agreement on a new governance structure on the following principles: 1. A joint venture among the 3 parties is proposed to carry out the Project; 2. WCDSB and WRDSB will convey title to their lands within the Huron Natural Area to the City subject to restrictive covenants prohibiting the use or conveyance of these lands for any other purpose than the Huron Natural Area and related outdoor education activities; 3. Major decision making related to the project will be made by a Steering Committee comprised of 2 representatives from each of the parties which may be trustees or councilors of the member school boards and City or members of their respective staff. Major decisions would relate to the following matters: a. The introduction of any new partners, and the terms and conditions of their involvement; b. The acquisition, sale or encumbrance of any land; c. The approval of the yearly operating and capital budgets and any material deviation therefrom during the year; d. The retention of any employees, other than City personnel, and, in particular, a general manager; e. The approval of the Master Plan, and any material deviation therefrom; f. The details relating to the nature and extent of the outdoor educational programs in accordance with the operating philosophy developed to date, fees in respect thereof, curriculum, scheduling of programs and any limitations on school programs during school hours; 4. The City will carry out the day to day management of the Huron Natural Area and the development and implementation matters pursuant to the Huron Natural Area Master Plan and direction of the Steering Committee. 5. In the event the Joint Venture is terminated by agreement of the parties the City shall offer to reconvey to the WCDSB and the WRDSB their respective lands for nil consideration with the transfer costs to be paid by the respective Board; 6. The foregoing represents the principal terms of the proposed joint venture with a definitive agreement to be negotiated setting out all matters related to the proposed joint venture. This proposed joint venture was approved by the Board of the HNA on June 13, 2006. Upon approval by their respective board of trustees, the WRDSB and the WCDSB have been asked to complete the conveyance of the HNA lands to the City in advance of finalizing the detail of the agreement so that the City may proceed with the initial development of the trail systems as planned. Each of the School Boards will be considering this matter for approval at their meetings on June 26, 2006. FINANCIAL IMPLICATIONS: The City will be responsible to cover the conveyance costs to receive title to the land including any land transfer tax and registration fees. There is $1,552,200.00 approved in the current capital budget for site development. Operational costs for the Huron Natural Area will be included in the Annual Operating Budget as site development and public use advances. COMMUNICATIONS: The joint venture proposal has been approved by the Board of the Huron Natural Area Cooperative Project (incorporated as Huron-Strasburg Natural Park Conservation Project). Representatives from each of the WRDSB and WCDSB are to report to their respective boards of trustee recommending approval of the proposal and related recommendations. Fiona M. McCrea Assistant City Solicitor Dan Ritz Supervisor of Design& Development