March 1999 – PROUD Founded in Port Dalhousie – Concern Over Alexander Muir’s Homestead

A group of residents concerned about the possible loss of Alexander Muir’s historical home on Dalhousie Avenue met to consider the options. They were joined by the City of St. Catharines Heritage Planner who explained that having the area designated as a Heritage Conservation District under the Ontario Heritage Act was the only way to have some protection for the area’s unique character. It was going to be a lot of hard work and would take years, the planner warned, as the community would have to be canvassed for support. It would then require Council’s support and, eventually, that of the Ontario Municipal Board. Undeterred, the group decided to proceed and PROUD was born!

March 1999 to October 1999 – Seeking Input From the Community on Heritage Designation

The initial group held its first public meeting at historic Dalhousie House in May1999. More volunteers came forward and a very public and democratic process was launched. This process included: multiple door-to-door distribution of Questions and Answers and other information; six neighbourhood public information meetings; several articles in the newspapers and; distribution of a survey to over 600 homes and businesses asking whether they were interested in pursuing Heritage Designation. The survey was designed by the City’s Planning Services Department and all the information distributed was first vetted by them.

October, 1999 – Presentation of Heritage Designation Survey Results to City Council

“Our PROUD volunteers are pleased to report that the results are overwhelmingly in favor of designation (see attached Summary of Results). Of the total respondents (323 owners and 25 tenants), 285 voted YES, 53 voted NO and 10 voted NO COMMENT. Of those that voted YES or NO, the YES vote translates to 84% in favor for the total vote and also 84% in favour if only property owners are considered -far in excess of the 70% threshold that Planning Services had recommended.” Excerpt from letter submitted to Council October 25, 1999. City Council, under Mayor Tim Rigby’s leadership, was most supportive and voted unanimously to hire a Consultant to proceed with a District Designation Study.

November, 1999 to June, 2002 – District Designation Study and Development of Heritage Guidelines

Council retained the highly experienced firm Archeological Services Inc. to prepare the first draft of the District Study in August, 2000. The Study concluded, “…that Port Dalhousie possesses several important heritage attributes. These satisfy the Official Plan (of the City of St. Catharines) policy requirements and meet all three important criteria necessary for heritage conservation district designation. ” Following Council’s unanimous approval of the Study, a further public consultation process ensued as the consultant developed Conservation Guidelines for the new district. PROUD volunteers worked closely with City staff and the consultant during this period and a Steering Committee kept Council informed.

June, 2002 to December, 2003 – Designation by Council and Final OMB Approval

Following this very open and democratic process that included extensive input from the community, Mayor Rigby and St. Catharines City Council unanimously passed By-law No. 2002-80 in June 2002. The By-law designated most of Old Port Dalhousie’s residential area, and all of the Commercial Core area, as a Heritage Conservation District under Part V of the Ontario Heritage Act. The City then successfully defended its By-law before the Ontario Municipal Board (OMB) which found that: "..the process followed by the City has been a full public process and all requirements of the Province have been complied with." and "… the designation of the subject area as a Heritage Conservation District represents good planning." The By-law became effective in December 2003. PROUD volunteers worked closely with Planning Services and the City Solicitor to support the Designating By-Law before the OMB. Many volunteers attended the OMB Hearing and made presentations in support of Council.

February 18, 2004 – PROUD Holds Public Information Meeting to Inform Community About New Heritage Designation

A widely advertised public meeting was held at Port Dalhousie Seniors’ Centre. The main objective was to introduce the new volunteer heritage advisory committee appointed by Council and explain the potential impact of heritage designation. Over two hundred residents attended the meeting, and the new committee and city staff made detailed presentations. In addition, all groups active within the community were invited to make a presentation so that everyone understood their specific involvement and how one could participate. There were questions and answers and PROUD volunteers sought and obtained feedback from those attending.

January to May, 2004 – Designing and Funding Heritage Street Signs for Port Dalhousie

Despite the lengthy process to secure Heritage Designation PROUD’s tireless volunteers then took on another major challenge –distinctive signage to identify the new district and enhance community pride. A committee of volunteers was first struck to design appropriate signage. This committee did extensive research and designed street and gateway signs that emphasize the 1829 opening of the First Welland Canal at Port Dalhousie and the Village’s original Seal of Incorporation. The greatest challenge was then to raise the approximately $20,000 required since the City was unable to fund these new signs. Volunteers were told it might take years to raise this money and the signs would have to be introduced a street at a time. Much to everyone’s amazement, PROUD’s Sign Fundraising Committee was able to raise all required funds within three weeks.

There was an outpouring of support from both the residential and business communities. PROUD again worked closely with Mayor Rigby who has been such a strong supporter of Heritage preservation. The City agreed to install the new heritage signs and all 68 street signs and two gateway signs were installed by late Spring.

June 4, 2004 – Official Heritage Designation Ceremony and Celebration

PROUD volunteers worked closely with the St Catharines Heritage Committee and City officials to organize the ceremony officially celebrating the designation of Port Dalhousie as a Heritage Conservation District. The ceremony coincided with the City and the Canadian Canal Society hosting the World Canals Conference. It was attended by many residents as well as Mayor Rigby, several City and Regional Councillors, local MPP Jim Bradley, local MP Walt Lastewka and, last but not least, a number of international delegates to the World Canals Conference. The international delegates remarked on how well-preserved and unique Port Dalhousie was and called Port one of the last relatively-intact 19th century canal villages. The efforts of PROUD volunteers were recognized by the St. Catharines Heritage Committee and City Councillors. Messrs. Bradley and Lastewka each presented appreciation certificates to PROUD on behalf of the Provincial and Federal governments.

June 18, 2004 – PROUD Develops Draft Position on New Development in the Commercial Core

In February, 2004, only weeks after OMB approval of the Heritage Designation, the Port Dalhousie Vitalization Corporation (PDVC) informed us they had purchased a significant number of the properties in the commercial core of the new district for development purposes. Our organization was initially very cautious and was reluctant to take a position on the proposed development until more information was available and the PDVC had made a detailed presentation to City Council. Over the next few months, the size and scope of the proposed development became clear. Statements made by the PDVC to council, at public meetings, and in the media aroused concern. PROUD is NOT against development, but the community expected it to voice a position on the highly publicized proposal. At a General Meeting held June 18, 2004, PROUD volunteers developed a Draft Position that reflected the concerns voiced in the community, regarding ANY development. Our Draft Position was respectful of the existing Official Plan, by-laws and Heritage Guidelines approved by St. Catharines City Council for Port Dalhousie.

June to September, 2004 – PROUD Validates Draft Position through Community Survey

A Committee was struck to communicate this draft position and refine/enhance it as required. The Committee used quantitative research to ensure the draft position accurately reflected the views of the overall community. Committee members, who included volunteers with extensive research, management, legal and analytical experience, designed a survey that tested both the draft position and the proposed development as known at the time –including a controversial, glass-clad condominium tower. The Survey Results are statistically significant and show overwhelming support for the Draft Position that was tested. Port residents support Mixed Use (combined Commercial and Residential) Downtown Development but want the scale limited and the main focus to be Recreational as opposed to Commercial. They strongly (90%) reject the proposed tower and feel ANY new development must preserve the Streetscape and Heritage Buildings, maintain Public Access and not aggravate Parking/Traffic problems.

November 4, 2004 – PROUD Holds Public Information Meeting to Present Highlights of PDVC’s Official Submission to the City

The results of the survey were immediately presented to the developers (PDVC) to ensure they were aware of how the vast majority of residents felt before they finalized their submission to the City. Results were also presented to the Mayor of St. Catharines and other members of City Council. Regrettably, PDVC submitted a detailed Development Proposal to the City in September 2004 that largely ignores the wishes of the vast majority of residents as expressed in the Survey Results. The proposal would eventually lead to the destruction of several of the Heritage Buildings owned by PDVC. In addition, the proposal still included a massive 328-foot (100- metre) high glass tower. PROUD held a public information meeting on November 4, 2004 at the Lions’ Centre to present the highlights of PDVC’s submission. Approximately 250 residents attended and an overwhelming majority expressed their disapproval of the proposal.

November, 2004 – PROUD Launches SOS (Save Our Seaport) Campaign

After detailed review of PDVC’s submission to he City, PROUD volunteers launched the SOS campaign whose main objective is to communicate with our elected officials to help ensure they do not approve a development proposal that does not respect Port's unique character (or the Official Plan, Zoning By-laws and Heritage Guidelines). PROUD is not against appropriate development that respects the wishes of the majority of our residents and preserves the 19th century lakefront village streetscape that all St. Catharines (and Niagara Region) residents treasure. To support SOS, PROUD volunteers also launched a new community information website www.Saveport.ca that provides detailed information on PDVC’s proposal and its impact. Volunteers also formed four Committees: Government Relations (communicates with Council and other levels of government); Community Relations (communicates with, and elicits participation from the community); Partnerships (seeks alliances with, and support from, other organizations) and; Research (verifies information and ensures all communications are factual and accurate). If you have any comments, or if you want to help PROUD’s efforts, please do not hesitate to email us.

January 9, 2005 – PROUD Incorporates in Anticipation of Possible OMB Hearing o PDVC’s Proposal

PROUD’s co-chairs announced that the volunteer organization had been incorporated as PROUD Port Dalhousie – a not-for-profit Ontario corporation. At a general meeting held at St. Andrew’s Church hall, David Bergen and Carlos Garcia explained that incorporation was recommended to allow for effective representation in the event that the application by the Port Dalhousie Vitalization Corporation goes to the OMB. They explained that they expected that Council would reject PDVC’s application because it contravened a number of planning regulations including the Planning Act, the city’s Official Plan and Secondary Plan for Port Dalhousie, the Zoning By-law and Heritage Guidelines. Nevertheless, PROUD is preparing should the developer choose to proceed to the OMB, based on the advice that it is better to appear before the Board as an incorporated organization than as a loosely structured group of volunteers. They also emphasized that PROUD continues to fully support development in the commercial core of Port Dalhousie, but not in the scale or height proposed by the PDVC application.

January 28, 2005 – PROUD Launches The Port Reporter, A New Community Newsletter

PROUD Port Dalhousie volunteers launched the Port Reporter, a new community newsletter offering readers a different editorial perspective from that of the existing Port Dalhousie community magazine which is supportive of the proposed massive condo tower and retail development. The Port Reporter is to be distributed free to homes and businesses in Old Port Dalhousie and adjacent neighbourhoods starting January 31, 2005. It will also be available online on PROUD Port Dalhousie’s website, www.Saveport.ca. The new community newsletter will help ensure the people of St. Catharines and the Region understand why the proposed development is inappropriate for Port Dalhousie. New development must benefit all area residents and respect Port’s unique character.

First Tower Proposal Suddenly Withdrawn.

The first application by PDVC was unexpectedly withdrawn minutes before midnight on October 26, 2005 - the day before the City’s Planning Services Department was to release its report and recommendation to Council. Although PDVC identified other reasons (Eric Moog Letter), PROUD believed the key reason was likely a very negative Planning Report and the Peer Reviews it included from ERA Architects (Heritage issues) and Paradigm (Parking and Traffic). PDVC's lawyer requested this report be kept secret and even threatened the City with legal action if the report was released. Council yielded to this pressure and voted 7 to 5 to keep the report secret.

PROUD, the St. Catharines Standard and others believed the public has a right to know and appealed to Ontario’s Freedom of Information Commissioner to have the Reports released.

Mayor Rigby Forms Secret Committee.

Despite widespread opposition to the withdrawn proposal throughout the City as confirmed by a City-wide Brock University MBA Consulting Service Poll , St. Catharines' Mayor Tim Rigby, who stated he was in favour of the proposal all along, formed a secret Action Committee of his business and other friends to "try and re-ignite" the proposal. The Mayor did meet with members of PROUD's Executive Committee to get our feedback and then finally revealed the composition of his secret committee on January 9, 2006

Developer Hires New Architect.

Also on January 9, 2006 members of PROUD's Executive Committee had an opportunity to meet Michael Kirkland, the new architect hired by PDVC to design a new development concept for their Port Dalhousie properties. Michael contacted us at the suggestion of Catherine Nasmith who is President of the Architectural Conservancy of Ontario and publishes Built Heritage News. She has been most supportive of our struggle for appropriate development in Port and was very hopeful about Michael's expertise and his ability to take into consideration the concerns of the community.

PDVC Submits Second Tower Proposal.

When PROUD's Executive met Mr Kirkland in early January, we articulated the community's position and why there was such widespread opposition to the first tower proposal.. We also gave concrete suggestions as to how to make the new project work for both sides. He assured us this was the beginning of an extensive consultation process and "everything was negotiable." Then, in early February, he introduced a full new application with a repackaged tower proposal that largely ignored our input. We carefully reviewed the application and met him several times to seek appropriate changes. Unfortunately, he took a firm position that only the same components, density and square footage as before will work and would not consider ANY changes. It was extremely disappointing but "nothing" was negotiable. Finally, on March 6, 2006, PROUD issued a Media Release announcing that it had no choice but to oppose the repackaged tower proposal and launch SOS Part 2.

Public Information Meeting on Second Tower.

A Preliminary Public Information Meeting was held at the Quality Inn in St. Catharines on March 21, 2006. Similar to the Preliminary Meeting on the first proposal, attendance was massive. Approximately 900 people attended (likely an Ontario record) and, by our estimates, about two-thirds had serious concerns or were opposed. Mr. Kirkland was the main representative for the developer and was very vague in his answers. Despite this huge show of concern, PDVC forged ahead and Planning set June 13/14 /15 as the dates for the Public Council Meeting to consider approval (by contrast, 500 people attended a meeting on the proposed ROM tower in Toronto and the developer promptly withdrew his application).

PROUD Retains Top Experts.

It became clear the developer and their supporters at City Hall would not be swayed by public opinion and that the final decision on the fate of Port Dalhousie may be made by the Ontario Municipal Board (OMB). In early May, 2006, our volunteers retained top Land Use lawyer Jane Pepino and top Professional Planner Greg Daly to support our efforts to preserve Port and lead the battle at the OMB if necessary.

Release of Secret Reports on Second Tower.

Also in May, 2006, the Peer Review (heritage) by ERA Architects and the Planning Staff Report on the second massive tower proposal for Port Dalhousie were released. Despite the fact that the proposal clearly violates the City's Official Plan, Secondary Plan for Port, Zoning By-Law and Heritage Guidelines --all of which this Staff helped develop-- the recommendations in both reports were to approve this second tower. In addition, just before the release of the Planning Reports, Council received a letter from the developer's lawyer. With this letter, the developers gave Council their blessing to release the hitherto secret reports on the first tower proposal. Even though they presumably did not know what was in either report, they all of a sudden decided to lift the veil of secrecy. It was most interesting that both ERA and Planning flatly rejected the first tower proposal yet, they were now recommending approval of the second even though little had changed.

Marathon Public Council Meeting.

Could the community fight the Mayor, Staff, a powerful developer with deep pockets, their support group and even the local newspaper which came out with a pro-tower editorial right in the middle of the Public Council Meetings? The answer still lies in Winston Churchill's famous speech to the boys at Harrow School in 1941: "Never, never, in nothing great or small, large or petty, never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy."

The community put on an amazing display of determination and 65 individuals spoke from the heart to tell Councillors why this was the wrong proposal for their cherished village (this is likely also a record for Ontario). The meeting went on for five full evenings (about 4.5 hours each) and, even though the developer had expected Council was a "slam dunk" they had to scramble to get it through. In the end, on June 27th, 2006, Councillors voted 7-5, with the Mayor voting, to approve the proposal. Then on July 31st, the same Mayor and Councillors voted 7-5 again to approve a Rezoning and Official Plan Amendment that will allow a 62 metre condo tower where only 11 metres are currently allowed.

Region of Niagara Council Meeting.

The community appealed City Council's decision to the OMB and, in fact, there were twenty separate appeals filed including one by PROUD Port Dalhousie. The final local hurdle was Regional Government which must approve the Official Plan Amendments (OPA) of each of its municipalities. We were buoyed by the fact that a letter from the Provincial Ministry of Culture (responsible for Heritage) recommended rejection. There were also expert reports from Goldsmith & Borgal (heritage) and Barlow and Associates (theatre) that recommended rejection and questioned the proposal's feasibility. The Regional Planning Report also strongly recommended rejection. Nevertheless, Regional Governments have been accused of being merely a "rubber stamp" for Municipal Councils and, despite very strong presentations from the community, the Region's Planning Committee and full Council voted to ignore their own planning department and approve the tower OPA on October 12th and October 19, 2006, respectively. Six separate appeals were filed against this decision and it became clear the community will likely have to fight this at the Ontario Municipal Board OMB).

2006 Municipal Election Results.

The results of the November Municipal Election in St. Catharines were amazingly positive. The people spoke loudly and clearly and sent a message to our politicians. This message included: no more secrets, no more ignoring your constituents and, MOST DEFINITELY, no tower in Port Dalhousie. Our new mayor, Brian McMullan, who took a strong anti-PDVC development stand, won by more votes than the next three candidates combined (all of whom were strongly pro-PDVC development). Of the 12 City candidates that PROUD supported based on their potential for good governance as well as their stated opposition to the PDVC development, 9 were elected to office (plus a 10th was elected who is also very much against the tower development). Of the 7 municipal politicians that voted for the PDVC development, 6 were defeated (the 7th had no credible opposition).

OMB Mediation on February 27and 28, 2007.

PROUD volunteers have always been reasonable and have on a number of previous occasions asked the developer to negotiate and change their proposal to one that reasonably meets the regulations and the citizens’ concerns –yet still allows a fair return on their investment. We had also been fully supportive of Mayor McMullan’s efforts to find a negotiated solution (as opposed to a repeal) and in late January, 2007, entered into an agreement to mediate with the developer via the Ontario Municipal Board's mediation services. The Board held this mediation on February 27th and 28th at St. Catharines' City Hall. Mediation started on the 27th at 10 am and ended at 1:30 pm the next day and there was NO resolution. Members of PROUD's Executive who were part of the mediation (as well as our lawyer and Planner and all other participants) are bound to secrecy by the OMB Mediator and are not allowed to disclose any of the proceedings. We can only state that our community organization and all the other appellants present did try extremely hard and put in many hours into finding an acceptable compromise but, this was not successful.

Council Withdraws Support for Tower Proposal, March 5, 2007.

At its March 5th meeting, St. Catharines City Council voted to let the Ontario Municipal Board (OMB) know it does not support the previous Council's approval of the condo tower development in Port Dalhousie's Heritage District. It further voted to require the developer to apply for Heritage Permits for its tower project BEFORE the OMB Hearings can proceed. This is a huge victory for democracy as the majority position of Council reflects the strong mandate they received at the November election that VOTERS DO NOT WANT THIS PROJECT AS PROPOSED.

OMB Pre-Hearing on March 13, 2007.

At the OMB Pre-Hearing, the developers' lawyer confirmed they will submit applications for Heritage Permits (as has requested by Council) BUT, the applications will be for the same old tower proposal - NO CHANGES. This flies in the face of the Mayor's desire for the developer to "...work with the City and the community to come up with a more acceptable compromise." They were just totally ignoring Council's motion that it does not support the previous Council's approval -and widespread opposition throughout the City- and just plowing ahead. Their lawyer speculated that if Council does not approve their Heritage Permits, they will just appeal that decision.

The OMB also ruled that a second Pre-Hearing would likely be held on October 16th and 17th to identify new issues and participants arising from the Heritage Application process, and to finally determine what issues will be addressed at a Hearing. They have also set 10 weeks of Board time aside for an OMB Hearing stating in January, 2008.

Council Provides Strong Rationale for Withdrawing Support, April 2, 2007.

To strengthen and clarify its position, City Council passed a very special motion regarding the Port Dalhousie condo tower application on Monday night, April 2, 2007. The motion makes quite clear Council does not support the previous Council's decision on the Port tower proposal because it is contrary to applicable Planning Regulations and Heritage Guidelines. The motion also specifies how this Council's position would be supported at an OMB Hearing and Council will now call evidence at the OMB from the Regional Planner and others against the previous Council's position.

The Regional Planner submitted a very professional report that recommended denial of the application based on sound planning principles, and included comments from the Ministry of Culture and other experts.

Developer Submits Heritage Permit Applications.

On August 10, 2007 completed Heritage Permit Applications and a Site Plan Application were finally received by the City.The applications were approximately 2 months late as at the OMB Pre-Hearing the developer had indicated they would be submitted by Mid-June. As expected the developer continues to ignore the wishes of Council and the City’s residents and has not changed the proposal to one more consistent with applicable regulations. The applications, which are for exactly the same inappropriate tower proposal, were to be reviewed by the City’s two Heritage Committees.

Developer Appeals Site Plan to OMB.

On September 17, 2007, PDVC filed an appeal due to Council's failure to deal with the Site Plan application within 30 days of submission.

Council Retains Outside Planner for Potential OMB Hearing, September 24, 2007.

Council then passed motions to retain an outside planner and to ask the OMB to delay BOTH the Pre-hearing (PHC) scheduled for October and the Hearing scheduled for January by 6 weeks. The outside planner was required because the City's Director of Planning was now supporting the second tower despite rejecting the first (see Release of Reports above). The delays were necessary because the HPAs were late and there was not sufficient time for Council to make its decision before the scheduled PHC. The OMB eventually rescheduled the PHC for November 26, 2007 and the Hearing itself to February 20, 2008.

Council Rejects Heritage Permits as Recommended by Heritage Committees, October 22, 2007.

The two Heritage Committees each devoted extensive time and effort to reviewing the HPAs in detail and held several unscheduled meetings to ensure every aspect of the applications was considered. They each eventually submitted, separate, comprehensive, detailed Heritage Reports recommending rejection and providing specific reasons based on applicable regulations. Council accepted the Committees' recommendations, which were supported by City Heritage Planner Kevin Blozowski, and voted to reject the HPAs on October 22, 2007. The developer subsequently appealed Council's rejection of the HPAs.

Site Plan application Also Rejected, November 12, 2007.

Council voted to refuse the developer's Site Plan Application based on a report from Planning that identified regulations contravened and considered the application premature. Along with Council's refusal of the Heritage Permits this further strengthens what should already be a very strong case at the OMB.

Second OMB Pre-Hearing, November 26, 2007.

The Board confirmed the Hearing had been scheduled to start February 20, 2008. Jane Pepino, our lawyer, attempted to have the hearing phased, so that heritage-related items would be reviewed first, with the rest being considered only if the heritage concerns of the project were approved by the Board (extremely unlikely in our opinion). The lawyer for PDVC argued successfully that it should all be held at one time, with the result being that the full hearing is now expected to go on for a full 15 weeks because of the complexity and precedent-setting nature of the issues.

Witness and Participant Statements for OMB Hearing Submitted, January 18, 2008.

As per the OMB's Procedural Order for the Hearing, all Expert Witnesses and Participants for both sides submitted their statements by January 18, 2008. The City has kindly made all these Statements available for viewing on their website. PDVC expects to call 13 Expert Witnesses to support their argument for a tower in a low-rise heritage district.

OMB Hearing Starts, February 20, 2008.

The long-anticipated Ontario Municipal Board (OMB) Hearing, which will decide whether historic Port Dalhousie's heritage and village feel will be protected, finally started on February 20, 2008 at Council Chambers, St. Catharines City Hall. OMB Vice-Chair Susan Campbell, an experienced lawyer who has served on heritage organizations in Kitchener, is the Chair of this Hearing. Proceedings were typically four days per week from 9:30 am to 4 pm and open to the public. The initial session was mostly procedural and PROUD lawyer Jane Pepino asked for direction on whether PDVC could present evidence on two alternatives: one with Hogan's Alley and some public land and one without. Chair Campbell ruled they could but, she also confirmed that if the Board were to approve some form of a proposal that includes building on public land not owned by PDVC, the Board can not direct the City to sell that land. PDVC would then have to apply for a heritage permit which could be appealed and likely go through a public meeting process.

Ms. Campbell also set aside the evening of April 9th starting at 6:30 pm for members of the public who oppose the tower proposal to speak at City Hall. Members of the developer's lobby group and anyone supporting the tower could speak on April 8th.

OMB Hearing: The First Fifteen Weeks

The full Hearing was originally scheduled to last 10 weeks and this was extended to 15 weeks at the second OMB Pre-Hearing in November, 2007. Unfortunately, the developer's witnesses alone consumed just over 10 weeks and then City Solicitor Annette Poulin started the City's case against the tower proposal. After the City, PROUD Port Dalhousie started its case on Monday May 26, 2008. The full Hearing was then expected to take 20 or more weeks and not end before November, 2008 following a four-month break due to scheduling conflicts. The first fifteen weeks were painfully slow and costly as the developers got to present their case first and covered a number of witness reports word by word (see OMB Highlights). Thursday, June 5th was the last day at the Hearing before the four month break.

OMB Hearing: The Final Six Weeks

The Hearing reconvened on October 8, 2008. PROUD Port Dalhousie completed its case first and this was followed by the cases of other appellants from the community. October 27th was the last day of testimony by witnesses and Final Arguments from each party were then heard November 10 through 14 and November 17 to 19 (see OMB Highlights). November 19th was the final and 71st day of the Hearing. We now await the Board's decision which is expected in late January or early February of 2009.

OMB Decision: Tower Approved

On February 26, 2009 the Board finally issued its decision. The Decision approved the tower proposal in its entirety with the exception of requiring some additional parking for the proposed underground theatre. Chair Campbell maintained her record of ruling on the developer's side in, what we believe to be, most of the cases she has heard. The Chair preferred the testimony of witnesses from the developer’s side over the testimony from witnesses from the City, PROUD and others in almost every single issue. She accepted the argument that as long as the proposal claimed to re-vitalize this development was acceptable yet, there was no onus on PDVC to prove the proposal would work. She focused on testimony from the City’s Planner and Peer Reviewer who fully reversed their position from their rejection of the first tower, and pointed out they were working for the City –not the proponent –yet, she totally disregarded the value of, and found disingenuous, testimony from expert David Cuming who was also working for the City when he drafted the Heritage Guidelines (who can know more about the intent of the Guidelines than the author?). Despite extensive expert testimony that the existing HCD plan contained all the components required for plans in the 2005 revision of the Ontario Heritage Act, she ruled that the District Plan for Port does not have the same status as those passed after the revisions to the Heritage Act in 2005.

Request for Review of Decision - March 27, 2009

Although Ms. Campbell ruled she would not treat the Port Dalhousie Guidelines as a Heritage Plan under the Ontario Heritage Act 2005 (which would accord it an elevated legal status) an OMB decision within a Heritage Conservation District (HCD) in the City of Vaughan was based on a totally different interpretation of the Ontario Heritage Act. The Vaughan decision, issued 8 days prior to the Port decision, directly contradicted Campbell's ruling. Therefore, although PROUD, had advised City Council it would not be appealing the Port OMB decision to the courts (a very costly process) the community organization and two others did request an OMB review of the conflicting decisions. PROUD strongly believed that the Port District Plan has the elevated status provided by the 2005 Heritage Act and that, accordingly, Council "shall not ...pass a by-law for any purpose that is contrary to the objectives set out in that plan". [41.2 (1) (b) of Ontario Heritage Act].

OMB Chair Refuses to Review the Decision - May 4, 2009

Chair Marie Hubbard ruled (Hubbard's Rejection) that the Port Dalhousie Heritage Plan did have elevated status as claimed by PROUD and the City but, she agreed with Campbell that the tower proposal did not contravene that Plan. This despite testimony from five leading heritage experts that the proposal did contravene the plan. Both Hubbard and Campbell supported the developer’s arguments that the Plan was not specific enough in stating that the height of new construction should not exceed that of existing buildings. In doing so, they ignored expert David Cuming who drafted the Heritage Guidelines and was very clear the intent was not to allow higher buildings (who can know more about the intent of the Guidelines than the author?). If the Board felt the Plan was not specific enough, should it not have erred on the side of caution? Is it possible to imagine that ANY heritage expert would have drafted a Plan that did allow towers in a 19th century village??

Impact of the Decisions

Prior to Ms. Campbell, the OMB had NEVER approved a tower in a designated HCD. The ruling significantly weakens the Ontario Heritage Act and sets a precedent that makes not only Port Dalhousie but the other 90 heritage districts in the Province -including our own Yates and Queen districts- vulnerable to towers and inappropriate development. Developers throughout the Province will now be able to use this ruling to support proposals for condo towers in historic villages and HCDs, particularly if they are able to argue economic revitalization (which most usually do).

Significantly, the OMB has now reached a major decision based, at least partly, on purported but unsubstantiated economic benefits, whereas heretofore the Board has claimed it only focuses on Planning issues. NOTE: During the Hearing, the Chair also made it clear she felt the Ministry of Culture did not care about supporting its Heritage Act. She was particularly critical of the Ministry submitting comments to the Region without visiting the site. The Ministry also failed testify in support of their comments or otherwise try to advance the heritage protection and enhancement case that the City and the community were left alone to defend. This is already a huge concern for the other 90 heritage districts.

OMB Fund Raising.

It has been a daunting task for an all-volunteer community organization like PROUD Port Dalhousie to raise the funds to pay for legal and other experts required for a major OMB hearing. The full process from beginning to end will have cost PROUD over half a million dollars and this does not include the thousands of hours donated by so many volunteers. We were only able to do this because so many hundreds in the community were committed to saving Port Dalhousie and participated in the countless fundraising events as well as donated generously. In fact, we have been contacted by a number of volunteer organizations across the Province to tell us that what the citizens of St. Catharines have accomplished, in professionally participating in this process to the end, and raising the funds, is unprecedented.

We have already raised over 95% of the funds required and are now in the proc ess of rais ing the remain der. Many of you have already made very gen er ous con tri bu tions and we really appre ci ate your sup port. We still need your help and ask that you please con sider a 2009 con tri bu tion to ACO-St. Catharines’ Port Dal hou sie Heri tage Fund. Please donate only to your own abil ity and donate from the heart. Dona tions are made to ACO-St. Catharines (The Archi tec tural Con ser vancy of Ontario, a reg is tered char­ity estab lished in 1933), and will receive a tax receipt. Please fill out and mail the ACO St. Catharines' Pledge Cardwith your donation or phone 905-935-9407 if you have questions. NOTE: You can also donate on-line.

PROUD VOLUNTEERS CONTINUE TO WORK HARD TO HELP RAISE FUNDS TO PROTECT AND ENHANCE OUR HERITAGE. UNLIKE OTHER NOT-FOR-PROFIT ORGANIZATIONS, PROUD PORT DALHOUSIE IS A 100% VOLUNTEER EFFORT. THERE IS NO PAID STAFF. NOONE GETS PAID AND NOONE HAS A FINANCIAL INTEREST IN THE PROPOSED DEVELOPMENT. ALSO, UNLIKE OTHER ST. CATHARINES PUBLICATIONS, THE PORT REPORTER IS A NOT-FOR-PROFIT ENDEAVOUR AND ADVERTISING REVENUES ARE ONLY SOUGHT TO COVER PRINTING AND PUBLISHING EXPENSES.