Our Focus: Your Future

Transcription

1 Town of Fort Erie Community & Development Services Our Focus: Your Future Prepared for Council-in-Committee Report No. CDS Agenda Date August 13, 2007 File No Subject LEASE AGREEMENT FOR BILL CONNELLY FIELD PROPERTY OWNERS ASSOCIATION OF THUNDER BAY Recommendations THAT THAT THAT Council approve of a partnership between the Town of Fort Erie and the Property Owners Association of the Thunder Bay Area, for the lease of Bill Connelly Field for public park purposes, and Council authorize staff to prepare a Lease Agreement in order to formalize this partnership, based upon the principles outlined in this report, and the Mayor and Clerk are authorized to enter into a Lease Agreement in a form satisfactory to the Town Solicitor. Relation to Council s Corporate Strategic Plan Priority: Development and Land Use Goal: Increase Parks and Open Spaces Initiative: Implement the Recommendations of the Parks and Open Space Master Plan List of Stakeholders Residents of the Town of Fort Erie The Corporation of the Town of Fort Erie Property Owners Association of Thunder Bay Thunder Bay Residents Prepared by: Submitted by: Approved by: Original signed Original signed Original signed Signe Hansen, OALA, MBA Manager, Parks & Open Space Development R. Mostacci, MCIP, RPP Director, Community & Development Services Harry Schlange, MBA Chief Administrative Officer

2 Department Page 2 of 4 Report No.CDS Purpose of Report The purpose of this report is to seek Council s authorization to enter into a Lease Agreement with the Property Owners Association of the Thunder Bay Area (the Association ), for the use of Bill Connelly Field for public park purposes. Analysis Neighbourhood Parks are the foundation of a public park system and satisfy the basic open space and recreational needs of residents. They usually serve one urban neighbourhood with a recommended service radius of 600 meters (for built-up areas). Their programming should be based upon neighbourhood interests and preferences and at a minimum provide areas for passive activities, as well as play areas for children and open turf areas for unstructured active play. Informal active recreational areas in the form of play fields or play courts should reflect the needs and preference of the local population. Thunder Bay is under serviced by public parkland, as identified by the Ad-hoc Playground Committee in 2004 and by the Fort Erie Parks and Open Space Master Plan in Presently, no developed public parkland exists within the community, and the closest Community Park Crystal Ridge Park is located approximately 1 kilometer beyond the perimeter of Thunder Bay. Neighbourhood Parks Community *Current Population/ Future Population (2024)/ Current Parkland/ Required Parkland (ha)/ Future Required Parkland (2024)(ha)/ Future Surplus, Deficit (+/- ha) Net Population Increase Surplus, Deficit (+/- ha) Thunder Bay 1802 / 1938 / / 1.8 / (-1.8) 1.9 / (-1.9) Source: Fort Erie Parks and Open Space Master Plan (2006) With a population of approximately 1,800 residents, Thunder Bay should be serviced by one or two Neighbourhood Parks (depending upon park size and geographic location) as identified in the Town of Fort Erie Parks and Open Space Master Plan (Appendix 1). The only existing parkland in Thunder Bay is owned and operated by the Property Owners Association of the Thunder Bay Area, as a private facility for members and Association managed programs and activities. The park is located at 2973 Hyman Avenue, approximately 2.3 acres (.93 ha) in size. The park contains a clubhouse, two baseball diamonds, a basketball court and a parking lot (Appendix 2). The Association recognizes the need for public parkland in the Thunder Bay community, and at its meeting with Town staff of January 31, 2007, expressed an interested in partnering with the Town of Fort Erie relative to the ongoing development and management of the Park as a public facility. Such a partnership would be subject to a formal Agreement that would outline the roles and responsibilities of both parties. In consultation with the Association, a series of principles have been developed, which will form the basis of a Lease Agreement, as outlined in detail in Appendix 3. In summary, it is

3 Department Page 3 of 4 Report No.CDS proposed that the Town lease the park for a period of ninety-nine years, for consideration of $1.00 per year, plus continued exemption from the Local Improvement Charge. The Town will operate the park as a Town facility, including maintenance activities, the booking of recreational facilities, and incur costs associated with property tax and liability insurance. The Agreement will exclude the clubhouse facility, which will remain the sole responsibility of the Association relative to maintenance and operation, including the costs associated with utilities, property taxes and insurance. The Town will promote the park as a public facility, available for public use and bookings. Financial/Staffing Implications As a public neighbourhood park, improvements will be required to ensure the park meets the needs of the community, the criteria for which is identified in the Fort Erie Parks and Open Space Master Plan (Appendix 1). Future improvements will include the provision of an accessible playground, improvements to the basketball court/possible conversion to a multiuse court, drainage improvements, and park amenities such as benches, signage, etc. Such improvements would be subject to annual budget deliberations and the terms of the Lease Agreement. It is anticipated that the Association will undertake fundraising initiatives to assist in the continued development of the park. Municipal service standards relative to park maintenance and operation must be achieved in this park. Grass cutting, garbage collection, general maintenance and sports field maintenance is anticipated to increase the Parks operating budget by $5,000 per year, and will be reflected in the 2008 budget. Policies Affecting Proposal The Parks and Open Space Master Plan identifies the importance of partnerships as a service delivery strategy. Such partnerships could develop both enhanced formal and informal opportunities to improve the availability and accessibility of parks and open space resources within the community. The parkland owned and operated by the Association was identified as such an opportunity. Comments from Relevant Departments/Community and Corporate Partners This matter has been considered by the Land Committee at its February 26, 2007 and July 16, 2007,at which it passed the following recommendations, respectively: Recommendation: In order to achieve a consistent service standard relative to public parkland, and specifically the provision of Neighbourhood Parks, the Land Committee is supportive of a partnership between the Thunder Bay Association and the Town of Fort Erie for the provision of public parkland in Thunder Bay. To this end, the Land Committee authorizes staff to undertake the necessary tasks to develop an Agreement, for Council s consideration, that outlines the terms and conditions of this partnership.

4 Department Page 4 of 4 Report No.CDS Recommendation: The Land Committee is supportive of the principles of the Agreement between the Town of Fort Erie and the Property Owners Association of the Thunder Bay Area for the use of Bill Connelly Field for public park services, and directs staff to finalize a lease agreement based upon these principles and submit same for Council consideration at the August 13, 2007 Council in Committee meeting. The Association has considered this matter at several of its meeting, and the position of the Association is reflected in correspondence attached as Appendix 4. Alternatives Council may alternatively consider the acquisition of property in the Thunder Bay area for the purpose of parkland development, however such property is not readily available and the cost associated with such an acquisition would be estimated at approximately $110,000, in addition to the cost of comparable recreational facilities. Conclusion As identified in the Parks and Open Space Master Plan the Town already has extensive partnerships that have ensured the availability of a range of outdoor recreational activities, the acquisition and development of specific parklands and open spaces, support for parkbased facilities development and other initiatives. Increasingly, more intensive partnerships, and working collaboratively with community organizations will be a key success factor in the provision of a comprehensive parks and open space system. Attachments Appendix 1 Excerpts from Parks and Open Space Master Plan Appendix 2 - Aerial Photograph, Bill Connelly Field Appendix 3 Agreement Principles, Bill Connelly Field Appendix 4 Letter from the Association, dated June 12, 2007

5 APPENDIX 1 TO ADMINISTRATIVE REPORT CDS , AUGUST 13, 2007

6 APPENDIX 1 TO ADMINISTRATIVE REPORT CDS , AUGUST 13, 2007

7 TOWN OF FORT ERIE PARKS AND OPEN SPACE MASTER PLAN OCTOBER 2006 Page 33 Table 1: Recommended Criteria - Neighbourhood Parks Neighbourhood Parks Basic Facility Optional Requirements Facilities -Class 2 -Class 2 play playground courts -Informal seating -Class 2 play area fields -Open turf area -Toboggan for play hills -Provide shaded -Bocce courts, areas (with horseshoe pits planting or etc. shade structure) for passive recreation -Park name signage -Waste receptacles Access -walking -cycling Service Area 600m radius or 5-10 minutes of walking, uninterrupted by major roads and other physical barriers. 1.0 km radius for urban fringe areas Preferred Size hectares Service Standards 1ha/ 1,000 population A balance of active and passive park spaces Identity & Location Define edges to distinguish from adjacent land use and provide extensive street frontage for safety and visibility. Location to be central to the neighbourhood it serves, in a way that the service area is not interrupted by major roads and other physical barriers. Screen park from negative adjacent impacts. Notes Serves one neighbourhood. Location and facilities should be coordinated with elementary schools where the possibility exists. APPENDIX 1 TO ADMINISTRATIVE REPORT CDS , AUGUST 13, 2007

8 APPENDIX 2 TO ADMINISTRATIVE REPORT CDS , AUGUST 13, 2007 BILL CONNELLY FIELD LOCATION MAP Property Owners Association of the Thunder Bay Area

9 APPENDIX 3 TO ADMINISTRATIVE REPORT CDS , AUGUST 13, 2007 AGREEMENT PRINCIPLES for LEASE OF BILL CONNELLY FIELD Between THE PROPERTY OWNERS ASSOCIATION OF THE THUNDER BAY AREA hereinafter called the Licensor THE CORPORATION OF THE TOWN OF FORT ERIE hereinafter called the Licensee 1. The Licensor does license unto the Licensee the park lands as shown on Schedule A attached hereto, save and except the building structure (hereinafter called the Clubhouse ) and all associated services, for and during the term of ninety-nine years commencing the 1 st day of September, 2007, at an annual rental of One Dollar ($1.00) payable on the 1st day of the annual term. 2. The Town shall continue to waive the annual Local Improvement Charge for the duration of the Agreement. The Local Improvement Charge expires in The Licensee covenants: (a) (b) (c) (d) (e) (f) (g) to use and maintain the licensed premises exclusively for public park purposes; not to assign or sublet area without Licensor approval; to pay rent as and when due; to maintain public liability and risk insurance, and pay property taxes for the park property, excluding the Clubhouse; to be responsible for the maintenance of the park consistent with the municipal neighbourhood park standard, including the cutting of grass, litter pickup resulting from park use, playground maintenance (should one be installed), and other activities as deemed necessary by the Licensee to ensure safe use of the park by the public; erect signage and make improvements to the park consistent with that of the municipal neighbourhood park standard and as determined from time to time, subject to Council approval and available budget; to make improvements to the park, in consultation with the Licensor and through a public consultation process with the community;

10 Page 2 of 2 (h) (i) to be responsible for the booking of park facilities, excluding the Clubhouse; to exempt the Licensor from permit fees for the use of sports facilities within the park. 4. The Licensor covenants: (a) (b) (c) (d) (e) (f) not to assign or sublet area; not make improvements to the park without prior approval of the Licensee; be responsible for the maintenance and costs relative to the operation of the Clubhouse, associated entryways, lighting, and area within a ten foot perimeter of the building, including all utility bills, property taxes for the building and the removal of waste resulting from use of Clubhouse; to maintain public liability and risk insurance for the Clubhouse and associated use; Grant the Licensee use of the Clubhouse as requested for public purposes, from time to time pending availability; To contribute to park development and improvements through fundraising activities; 5. The Licensee will indemnify and save harmless the Licensor from any and all claims, losses, costs and damages which may arise directly or indirectly from the operation of the park, unless such be caused by negligence, nuisance, action, errors or omissions of the Licensor or on the part of those for whom the Licensor is responsible. 6. The Licensor and Licensee shall meet annually, prior to the commencement of the municipal budget process, to set expectations and establish capital and operating budgets for the park. 7. This Agreement may be terminated by either party with one year written notice. In the event that the Licensor terminates the Agreement, the Licensee may remove movable park amenities, such as playground equipment, site furniture, sports equipment, etc that has been wholly funded by the Town.

11 SCHEDULE A TO APPENDIX 3 OF ADMINISTRATIVE REPORT CDS

12 APPENDIX 4 TO ADMINISTRATIVE REPORT CDS , AUGUST 13, 2007