PUSLINCH – Council here tried to balance the needs of a local non-profit with the best interests of the township in addressing a recent request by Sunrise Therapeutic Riding and Learning Centre.
The organization, which provides therapeutic riding to children and adults with developmental disabilities, is planning to add a residential component to the services it offers at its site on Concession 1 in Puslinch.
Representatives delegated to council on May 4 asking that the cash in lieu of parkland and security deposit requirements be waived.
Council directed staff to do a little more digging and, on May 25, clerk Courtenay Hoytfox presented her report to council.
“The initial concern with waiving the cash in lieu fee was that it may constitute bonusing under Section 106 of the Municipal Act, 2001, wherein municipalities are strictly prohibited from assisting either directly or indirectly any manufacturing businesses, or other industrial or commercial enterprise,” Hoytfox wrote in her report.
She said staff sought legal advice and it was determined that waiving this requirement would not be bonusing, nor would it set a precedent for waving the fee with other future developments.
But the security deposit – for Sunrise it would be around $200,000 – is a condition that staff was hesitant to forego.
“The primary purpose of securities is to restore the property to a safe condition in the event that the development does not proceed, and so the township would need to act quickly to ensure the property is safe and complies with the township’s Property Standards Bylaw and all other applicable legislation,” the report states.
Money could be recovered by adding costs to the tax bill, but it would take 10 or 15 years to recover costs in this way, the report states.
The report notes that staff reviewed the plan with the township’s engineer, who believes the security amount could be reduced by 50 per cent and still be enough to restore the site to its current state should the development plan fall through.
“The 50% security – staff is comfortable with that?” asked councillor John Sepulis.
“There is a comfort level at 50%,” Hoytfox said.
Councillor Sara Bailey wondered if the security amount could be even lower than 50%.
“Because (Sunrise) provides a public benefit, could we try to find the lowest possible amount?” Bailey asked.
“I don’t want staff to be compromised,” Sepulis said. “We should be realistic with what they need.”
Councillors Jessica Goyda and Matthew Bulmer declared conflicts as they are board members for Sunrise, and they did not vote on the matter.
In the end, Sepulis, Bailey and Mayor James Seeley voted to waive the parkland dedication fee and reduce the security to the lowest amount with which staff is comfortable.
“Of course, we are pleased with the waiving of parkland fees,” Sunrise’s board president Ann Caine said in an email after the meeting.
“Also the 50% reduction in securities is a step in the right direction.”
But even at 50%, a $100,000 security is still out of reach for the organization, she said.
Caine said the board will meet and discuss the decision, see if there is another way to satisfy the security requirement, and figure out its next steps.
“This will take some time to reach a solution,” she said.
