Report to / Rapport au:

 

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

 

and Council / et au Conseil

 

26 May 2009 / le 26 mai 2009

 

Submitted by / Soumis par : Diane Blais, Committee Coordinator /

Coordonnateur de comité

 

Contact / Personne-ressource : Councillor / Conseiller P. Hume
(613) 580-2488, Peter.Hume@ottawa.ca

 

 

Ref N°:  ACS2009-CMR-CSE-0006

 

 

SUBJECT:     BEECHWOOD CEMETARY – REIMBURSEMENT OF FEES

 

OBJET:          CIMETIÈRE BEECHWOOD – REMBOURSEMENT DES DROITS

 

 

REPORT RECOMMENDATION

 

That the Corporate Services and Economic Development Committee recommend Council approve, as an indication of its strong support for this national institution, the reimbursement of fees and charges totalling $111,693.29 as outlined in this report. 

 

 

 

RECOMMANDATION DU RAPPORT

 

Que le Comité des services organisationnels et du développement économique recommande au Conseil d’approuver le remboursement des droits et des redevances d’un montant total de 111 693, 29 $, tel qu’il est énoncé dans le présent rapport, afin de démontrer son appui solide à cette institution nationale.

 

 


BACKGROUND

 

At the 19 May 2009 meeting of the Corporate Services and Economic Development Committee (CSEDC), Councillor P. Hume submitted the following Notice of Motion for consideration by the CSEDC at its meeting of 2 June 2009:
 

WHEREAS Beechwood Cemetery, as the home of the National Military Cemetery, the RCMP National Memorial Cemetery, and a National Historic Site, has been designated as the National Cemetery of Canada by Bill C-17; and,

 

WHEREAS Beechwood is the final resting place of 19 men and women of the Canadian Forces who have died recently while serving in Afghanistan with the NATO Forces as part of our country’s commitment to the international community; and,

 

WHEREAS, by virtue of its location in the nation’s capital, Beechwood Cemetery serves as a focal point for national memorial events such as Remembrance Day, and it is an evocative location for state funerals of Canada’s Governors General and Prime Ministers; and,

 

WHEREAS Beechwood is also the final resting place for many prominent Canadians who helped shape Ottawa and the country, including many former City of Ottawa mayors, national political leaders such as Prime Minister Sir Robert Borden, Tommy Douglas, Governor General Ramon Hnatyshyn, engineer and scientist Sir Sanford Fleming as well as poets such as Archibald Lampman, Arthur Bourinot and William Wilfred Campbell, to name a few; and,

 

WHEREAS Beechwood Cemetery, established in 1873, is a not-for profit organization that is owned and operated by the Beechwood Cemetery Foundation, a registered Canadian charity; and, 

 

WHEREAS the Foundation undertook renovations in 2002 to expand its reception facility to better serve the community; and,

 

WHEREAS, in 2006, the Foundation commenced construction of the Beechwood National Memorial Centre, designed to serve the memorial and commemorative needs of all Canadians.  The stately 14,000 square foot facility features a nine-sided Sacred Space to hold memorial services for Canada’s diverse faith communities, large reception rooms and a Hall of Colours to house the laid-up colours of Canada’s military regiments.  It is believed to be the first centre of its kind in the world and has been the object of national and international attention; and,

 

WHEREAS the Foundation has applied for grant funding to offset fees and charges associated with these projects totalling $111,693.29 as detailed in the list below; and,

 

WHEREAS, the reimbursement of each fee and charge must be offset by different reserve funds and operating budgets, due to legislative directions in support of various construction projects by charitable and non-profit organizations; and,

 

THEREFORE, BE IT RESOLVED that the CSEDC recommend that City Council, as an indication of its strong support for this national institution, approve the reimbursement of fees and charges totalling $111,693.29 as follows:

 

From 2009 Planning operating budget revenue account                         $   19,207.51

From the Parkland Reserve Fund                                                            $     8,826.78

From Water Capital Reserve Fund                                                          $     6,100.00

-

From City Wide Capital Reserve (Building permit fees & DC’s):            $   77,559.00

 

 

 

 

CONSULTATION

 

This item will be advertised in the local dailies as part of the Public Meeting Advertisement on Friday preceding the Committee meeting.

 

Comment from Building Code Services Branch

 

On July 1, 2005, the Building Code Act was amended, which introduced changes related to the collection of building permit fees and the assignment of permit revenues.  Specifically, the legislative changes directed that building permit fees/revenues could cover only those costs associated with servicing building permits and enforcing the Act and Code.  Thus, all Building Code related activities are required to be revenue neutral and surplus revenues can no longer be generated, nor relied upon for offsetting the waiver of fees in support of various construction projects by charitable and non-profit organizations.  This impact was discussed in the report presented to Council on June 22, 2005 entitled “Building Regulatory Changes - Impact of Building Code Statute Law Amendment Act and Ontario Regulation 305/05” (ACS2005-PGM-BLD-0010). 

 

As a consequence, if Council wishes to support requests for grants to offset building permit fees, it is necessary to fund the offset from the City-Wide Capital Reserve Fund.

 

 

LEGAL / RISK MANAGEMENT IMPLICATIONS

 

There are no Legal/Risk Management impediments to implementing the recommendation in this Report

 

 

FINANCIAL IMPLICATIONS

 

The Beechwood Cemetery Foundation incurred the fees and charges outlined in the motion over the 2002 to 2006 time period.  The attachment to this report summarizes the history of these fees and charges which includes development charges, building permit fees, water connection fees, parkland levy, along with a variety of planning application fees.

 

The motion recommends that these fees and charges be reimbursed from several funding sources.

·        Parkland Reserve $8,826.78 – funds are available

·        Water Capital Reserve Fund $6,100.00 – funds are available

·        Planning 2009 operating budget $19,207.51 – the department has indicated that it will attempt to absorb the reimbursement against the 2009 revenue budget.

·        City Wide Capital Reserve Fund $77,559.00 – this amount represents the Development Charges and  Building Permit fees paid by the Foundation.  In accordance with provincial legislation, funds cannot be reimbursed from either the Development Charge Deferred Revenue account or from the Building Services Permit Fees account.  Based on the level of contributions to the City Wide Reserve Fund and the projected commitments, the 2009 year-end balance in the Fund is forecasted to be in a $3.3 million overdraft position.  Should Committee and Council approve the grant request, the 2010 capital program will be restricted in order to re-establish a positive Fund balance. 

 

 

 

DISPOSITION

 

Staff to implement Council’s decision.

 

 

 


 

 

 

Beechwood Cemetery Foundation

280 Beechwood Avenue

 

Application Date

Application No.

Description

Fees Paid

Total Eligible Fees

Comments

Dec 7/06

A06-008769

Building Permit - above ground structure

$31,387.50

$31,387.50

Grant funding must be offset by City Wide Capital Reserve Fund.

Nov 27/06

 

Post Approval Engineering fees

$2,948.92

$2,948.92

These fees offset costs incurred in 2006/07 associated with the reviews and inspections of construction.  Reimbursement must be offset from 2009 Planning operating budget revenue account, which will create a budget shortfall.

Jul 28/06

D07-12-06-0204

Site Plan Application

$9,858.60

$9,858.60

Reimbursement of fees collected in 2006 must be offset from 2009 Planning operating budget revenue account.

Oct 2/06

A06-007197

Building Permit -foundation

$3,237.50

$3,237.50

Grant funding must be offset by City Wide Capital Reserve Fund.

Jun 30/03

 

Water Services

$6,100.00

$6,100.00

$2,000 deposit was refunded April 4, 2004.  The remainder covered actual costs incurred in connecting a private service to city services and the cost of a water meter and are non-refundable.  Reimbursement of fees collected in 2003 must be offset from 2009 operating budget revenue account and may result in a shortfall.

 

Jun 17/03

A02-010698

Administrative Surcharge for commencing construction without a building permit

$6,300.00

$0.00

 

Non-refundable due to illegal construction activity.  The surcharge offset additional enforcement costs that were incurred in 2003. Reimbursement would be perceived as condoning illegal construction.

Jun 17/03

A02-010698

5% Parkland levy

$8,826.78

$8,826.78

Must be offset by reducing the Parkland Reserve Fund.

Jun 17/03

A02-010698

Development Charges

$30,334.00

$30,334.00

Must be offset by reducing the Development Charges Reserve.

Mar 27/03

 

Post Approval Engineering fees

$3,649.99

$3,649.99

These fees offset costs incurred in 2003 for reviews and inspections of construction.  Reimbursement must be offset from 2009 Planning operating budget revenue account, which will create a budget shortfall.

Oct 21/02

A02-010698

Building Permit -addition to the reception facility

$12,600.00

$12,600.00

Must be offset by City Wide Capital Reserve Fund.

Oct 18/02

OSP2002-0358

Site Plan Application

$2,750.00

$2,750.00

Reimbursement of fees collected in 2002 must be offset from 2009 Planning operating budget revenue account, which will create a budget shortfall.

Total

$117,993.29

$111,693.29