Burlington. COMMUNITY SERVICES DIVISION Parks and Recreation Department. To be completed by the Clerks Department

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1 Pg 1 of Report PR CITY OF Burlington COMMUNITY SERVICES DIVISION Parks and Recreation Department 7DC? TO: Chair and Members of the Community and Corporate Services Committee SUBJECT: Naval Memorial Monument Report Number: PR Author(s): Pam Mulholland Telephone: Ext Ward(s) Affected: All Report Date: Date to Committee: Date to Council: September 25, 2009 October 28, 2009 November 9, APPROV A To be completed by the Clerks Department Committee Disposition & Comments Council Disposition & Comments 01 Approved 02 Not Approved 03 As Amended 04 Referred 05 Deferred 06 Received & Filed 07 Withdrawn Ot 01 Approved 02 Not Approved 03 As Amended 04 Referred 05 Deferred 06 Received & Filed 07 Withdrawn 1.0 RECOMMENDATION: THAT the Director of Parks and Recreation be authorized to accept a Declaration of Gift from the Burlington Branch of the Royal Canadian Naval Association gifting the Naval Memorial Monument situated in Spencer Smith Park to the City of Burlington; and THAT the Director of Parks and Recreation be authorized to enter into any other legal agreements pertaining to the gift, as required; and

2 Pg 2 of Report PR THAT the enactment of a by-law to establish the Naval Memorial Monument Reserve Fund for revenues and costs associated with the maintenance, preservation, restoration, and management of the Naval Memorial Monument be approved; and THAT the Director of Parks & Recreation be authorized to accept a transfer of funds from the Naval Memorial Monument Perpetual Care Fund (registered charitable # RR0001) to the Naval Memorial Monument Reserve Fund; and THAT the Naval Memorial Monument be added to the City of Burlington Public Art Inventory with the Parks & Recreation Department, in conjunction with other City Departments, assuming responsibility for its management and maintenance; and THAT a plaque be placed at the monument site acknowledging the Burlington Branch of the Royal Canadian Naval Association's gift to the City of Burlington of both The Naval Memorial Monument and funds for its future maintenance, preservation, restoration, and management. 2.0 PURPOSE: The Parks & Recreation Department investigated options to formally manage the ownership and related responsibilities regarding the Naval Memorial Monument ("monument") in Spencer Smith Park. The Burlington Branch of the Royal Canadian Naval Association ("RCNA") has offered to donate the monument to the City as outlined in their letter of July 24, 2009 (attached as Appendix A). The purpose of this report is to advise Council of the donation offer and outline: a process to transfer ownership of the monument from the RCNA to the City; a process of transfer current funds from the RCNA's Naval Memorial Monument Perpetual Care Fund to a new Naval Memorial Monument Reserve Fund at the City; how the City will commemorate these two gifts; the addition of the monument to the Public Art Inventory; scheduling of the annual Battle of the Atlantic Parade and Service. 3.0 BACKGROUND: Public Art Inventory War Memorials Municipal public art portfolios commonly contain memorials of significant historical and financial value. The City's Public Art Inventory currently includes one war memorial. Located on the north side of City Hall, the cenotaph honours residents of Burlington and Nelson Townships who lost their lives during WWI, WWII and the Korean War. The City is responsible for its maintenance and management. Naval Memorial Monument The monument is a cenotaph honoring the memory of the Royal Canadian Navy and Canadian Merchant Marine seamen and their ships that were lost during World War II. It is located at the foot of Brant Street in Spencer Smith Park. The granite monument was manufactured by Old World Stone of Burlington and the bronze statue on top of the cairn was created by sculptor Andre D. Gauthier.

3 Pg 3 of Report PR In 1994, Council approved the RCNA's proposal to erect a monument on municipal-owned land of a size area 16' x 24' in the park. City staff report PR 12/94 (CC-73-94) directs Parks & Recreation to assist the RCNA with implementing the memorial, and approves a one-time grant of $1,000 as the City's contribution to the creation. The Council approval does not speak to insurance, maintenance or future responsibilities, including additions to the monument. The RCNA raised approximately $140,000 in funds for the creation of the monument which was unveiled in May of 1995 with thousands of veterans and supporters in attendance. Additions to the site were made in 2001 when the monument was improved for accessibility and again in 2006 when a node illustrating the types of ships sailing during the war was installed by the Burl- Oak Naval Veterans on adjacent lands to the east side of the monument. In recent years the monument underwent a minor repair to its granite surface, but otherwise it is in excellent condition. 4.0 DISCUSSION: 4.1 Transfer of Ownership In order to formally address the issue of ownership, staff approached the RCNA and offered two options for its considerations, as follows: Option 1: The RCNA retain ownership of the monument and enter into a formal agreement with the City that outlines responsibilities including maintenance, capital repair and insurance. Option 2: The RCNA transfer ownership of the monument to the City. In this instance, the City would assume all responsibilities for the monument including insurance and creating a Reserve Fund dedicated to maintenance, preservation and restoration. If this option was acceptable to the RCNA, it would gift to the City funds from its Naval Memorial Monument Perpetual Care Fund. The RCNA was aware that either option would require Council approvals to implement. As a result of these discussions, the members of the RCNA passed a motion at their 2009 Annual General Meeting to transfer ownership of the monument to the City. In addition, the RCNA membership directed that maintenance responsibilities for the monument, currently assumed by the RCNA, be transferred to the City. In order to provide for future maintenance and care, the membership intends to transfer funds from the RCNA's Naval Memorial Monument Perpetual Care Fund to a dedicated Reserve Fund at the City. It is staff's understanding that the Fund's current balance is approximately $29,000. City staff seeks Council authorization to enter into a Declaration of Gift ("Gift") with the RCNA and any other legal agreements, as required. The Gift components include a certification by the RCNA that it is the legal owner of the monument and that it vests ownership of the title and funds to the City.

4 Pg 4 of Report PR Public Art Inventory: Maintenance and Insurance It is recommended that, upon transfer of ownership from the RCNA to the City, the monument be added to the City's Public Art Inventory with Parks & Recreation assuming the lead responsibility for its management and coordinating with other departments, as required. Management of Monument - department roles and responsibilities: The Roads & Parks Maintenance Department will continue to be responsible for maintenance of the immediate grounds and flags and fund accordingly. Staff understands that the Burl-Oak Naval Veterans spend time cleaning and polishing the monument and staff appreciates and welcomes this work to continue if the veterans are willing to undertake it. The Parks & Recreation Department will oversee conservation condition reports and undertake any specialized repairs. The Clerks Department will promote education and awareness of the monument. The City will carry appropriate insurance for the monument as a city asset. The City's insurance policy has a $10,000 deductible. Any property valued in excess of that amount, such as the monument, needs to be separately itemized in City records. Upon completion of the Declaration of Gift, staff will have an appraisal undertaken to value the monument for insurance purposes. The cost of the appraisal, approximately $500, will be accommodated in the Parks & Recreation 2009 Cultural Development Budget. 4.3 Gift Commemoration An engraved bronze plaque will be created by the City acknowledging the RCNA's gift of both the monument and funds for its future maintenance, preservation, restoration, and management. Content to be developed by the Clerks Department, in consultation with the RCNA. City funds for this plaque, to an upset limit of $1,200, will be accommodated in the Parks & Recreation 2009 Community Development Fund Budget. The plaque will be located on a stand off the concrete pad on the western lakeside of the monument. Timeline for plaque installation is dependent on the finalization of the Gift, creation of the Naval Memorial Monument Reserve Fund and transfer of funds from the Naval Memorial Monument Perpetual Care Fund. 4.4 Ceremonies Since 1995, there are numerous veterans groups that participate in memorial ceremonies at the monument site each year, including The Canadian Merchant Navy, the Burl-Oak Naval Veterans and the RCNA. The RCNA has requested that the organization have exclusive permitted scheduling to host the Battle of the Atlantic Parade and Service on the first Sunday in May of each year from 13:00 15:00 hours at the monument until such time as the RCNA no longer requires this permit and notifies the City as such. Staff are in agreement with this request as it does not conflict with the annual scheduled parade times of other veterans groups. However, in granting this request, the RCNA has been informed that it must still apply for a permit each year so that City administration has a record of the event in order to align with park logistics and other considerations.

5 Pg 5 of Report PR FINANCIAL MATTERS: Establishment of the City of Burlington Naval Memorial Monument Reserve Fund Since the monument was unveiled in May of 1995, the RCNA has been responsible for its maintenance, repairs and insurance. To support these requirements, the RCNA created the Naval Memorial Monument Perpetual Care Fund and registered it as a federal charity (Registration #: RR0001). The RCNA membership would like to dissolve the Fund and transfer the monies to the City. The City would dedicate the transferred monies to the future maintenance, preservation, restoration and management of the monument. Under the Income Tax Act, a registered charity must transfer its remaining assets to a qualified donee upon its dissolution. The Finance Department has verified that the City of Burlington is a qualified donee. Please see attached Appendix B for the by-law to establish the Naval Memorial Monument Reserve Fund. The reserve will fund expenditures related to the maintenance and care of the monument including cleaning, conditioning reports and repairs. 6.0 ENVIRONMENTAL MATTERS: Any future initiatives that arise from monument will be reviewed to ensure a fit with the COB Environmental Management Plan. 7.0 COMMUNICATION MATTERS: Parks & Recreation will work with the Community Relations staff (Clerks Department) to promote public education and awareness of the monument as a valuable addition to the City's Public Art Inventory. 8.0 CONCLUSION: Supported by the RCNA and other stakeholders, staff recommends that Council authorize the processes to transfer ownership of the monument and to transfer funds from the RCNA's Naval Monument Perpetual Care Fund to a new Naval Memorial Monument Reserve Fund at the City. These gifts will be commemorated at the monument site and promoted through the Public Art Inventory. These steps will ensure that this valued war memorial will be maintained in the future so that the citizens of Burlington can continue to honour the memory of the Royal Canadian Navy and Canadian Merchant Marine seamen and their ships that were lost during World War II.

6 Pg 6 of Report PR Respectfully submitted, Pam Mulholland Recreation Planner Culture, Diversity & Recreation Parks & Recreation Department Copy filed: s:\inet\ Appendices: Appendix A Naval Memorial Monument Letter July 24, 2009 Appendix B - By-law to establish the Naval Memorial Monument Reserve Fund Staff / Others Consulted: Name Telephone Steve Rasberry, Chairman, The Burlington Branch of the Royal Canadian Naval Association Chris Glenn, Parks & Recreation Dept. x7771 Tracey Burrows, Clerks Department x7492 Victoria Miecznikowski, Clerks x7835 Department Sandy O'Reilly, Finance Department x7648 Dave Wright, Finance Department x7645 John Duncan, Roads & Parks Maintenance Notifications: Name Mailing or Address John Eldershaw, President The Burlington Branch of the Royal Canadian Naval Assoc. Hal Wilkinson, Secretary, Burl-Oak Naval Veterans Don Patterson, Canadian Merchant Navy Veterans Association Special Instructions: rnone

7 Pg 7 of Report PR APPENDIX A Date VZ isy 2 '"7 Mr. Chris Glenn Manager of Business & Community Development Services Parks & Recreation Department, City of Burlington 426 Brant Street. P.O. Box 5013 Burlington, Ontario L7R 3Z6 Dear Chris: Subject: Naval Ships' Memorial Monument Thank you for taking the time to meet with me on March 25, I wish to confirm the points of discussion regarding the Naval Ships' Memorial Monument ("monument"). As per our meeting, I wish to inform you that the membership of RCNA passed a motion at its general meeting in January of 2009 to gift the monument to the City of Burlington. The membership desires that maintenance responsibilities for the monument, currently assumed by the RCNA, be transferred to the City. In order to allow for maintenance funding, the membership intends to transfer the funds in RCNA's Perpetual Care Trust to a dedicated Reserve Fund at the City. We request that Council authorize the establishment of a Reserve Fund and processes to enter into a Gift Declaration with the RCNA and any other legal agreements, as required. The plaque prepared by the RCNA in 2008 is to be remanufactured at the expense of the City to an upset limit of $1,200. At our meeting, City staff indicated they will work with RCNA to establish the new plaque content and will seek Council's approval on the purpose of plaque, its content, location and timeline for installation. We look forward to working with you on this initiative. The RCNA desires that all requests pertaining to the use of the monument for any activities should be brought to their attention. Staff indicated they will review this request in light of protocol and workload issues and report back to RCNA. The RCNA requests that we have exclusive permitted scheduling to host the Battle of the Atlantic Parade and Service on the first Sunday in May at 13:00 hours at the monument until such time as the RCNA no longer requires this permit and notifies the City as such. Staff were in agreement with this request. Staff indicated that consultations could occur with RCNA should any alterations or additions to the monument be contemplated in the future. We understand that Council approval would be required for any such modifications. We would appreciate a response to this letter and direction from and you as to next steps. Sincerely, 9)ifr"-P")? 4ci"

8 Pg 8 of Report PR APPENDIX B THE CORPORATION OF THE CITY OF BURLINGTON BY-LAW NUMBER XX-2009 A By-law to establish a reserve fund for the purpose of funding future expenditures related to the maintenance, preservation, restoration, and management of the Naval Memorial Monument. File: # (PR-33-09) WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants municipalities the authority to pass by-laws with respect to financial management of the municipality; and WHEREAS Section 290 (3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants municipalities the authority to provide for such reserves as the municipality considers necessary; and WHEREAS the Council of the Corporation of the City of Burlington deems it necessary to accumulate funds in a Reserve Fund to finance the maintenance, preservation, restoration and management of the Naval Memorial Monument. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF BURLINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Naval Memorial Monument Reserve Fund be established; 2. THAT funds from the Burlington Branch of the Royal Canadian Naval Association's Naval Memorial Monument Perpetual Care Trust be allocated to the Fund; 3. THAT interest be added to the Fund annually as allocated from the General Investment Fund of the Corporation; 4. THAT the accumulated funds, including any interest earned thereon, be used for the purpose of funding the maintenance, preservation, restoration and management of the Naval Memorial Monument. ENACTED AND PASSED this 14 th day of December, MAYOR: CITY CLERK: