Port tower's fate in hands of OMB chair

Hearing wraps up after 71 days

Posted By MARLENE BERGSMA, STANDARD STAFF

It's over.

But after 71 days of hearings held over the course of 21 weeks, and 296 exhibits submitted as evidence contained in more than 40 boxes of documents, there's no hope the answer on the fate of the Port Place tower will be found under the Christmas tree.

As the snow began to fall outside St. Catharines city hall windows Wednesday afternoon, Ontario Municipal Board hearing chair Susan Campbell said she would make her decision as quickly as possible. But the soonest her answer will be available is late January.

"I will do my best to get this done as quickly as possible, but let's be realistic here," she said at the hearing.

"Don't be checking your e-mail regularly until the latter part of January."

Port Dalhousie Vitalization Corp. lawyer Mark Noskiewicz, who wrapped up the hearing with his responses to the arguments made by his opponents, thanked Campbell for her patience and good humour.

Campbell laughed.

"I hope I wasn't too hard on anybody, but if I was, whatever," she said with a mischievous grin, flipping her palms up in a gesture of dismissal.

Campbell, who has presided over the hearings with attentiveness and wit, reminded participants and spectators that her decision -- when it comes -- will be all or nothing.

"You heard what I said about me redesigning the project," she said, interrupting Noskiewicz's comments on whether the Port Mansion should be saved. "All of these (alternatives) would require me redesigning the project, and I am not doing that. I think everyone has understood from Day One that you are not going to see some weird thing designed by me."

Earlier in the week, Campbell hinted she doesn't accept that relatively modern buildings -- such as the former Erskine's Pharmacy or the former hydro building (now housing the Rum Jungle) -- are heritage buildings.

While Jane Pepino, lawyer for anti-tower citizens group PROUD (Port Realizing Our Unique Distinction), was trying to argue that buildings constructed after 1950 might still be considered heritage buildings, Campbell interrupted her to say: "Ms. Pepino, just to put it to bed, in my view, they (Erskine's Pharmacy and hydro building) are not, by definition, heritage buildings."

They could be considered part of Port's heritage fabric, she acknowledged, but they are not heritage buildings.

Noskiewicz devoted much of his argument Wednesday refuting Pepino's argument that heritage preservation should trump revitalization.

Noskiewicz said heritage and revitalization are equally balanced.

Besides, PDVC's proposal has always sought to conserve Port Dalhousie's "heritage values, attributes and character," he said, and the development represents "good heritage planning."

He urged Campbell to uphold city council's June 2006 decision to approve the development, saying the city was relying on an "inclusive" public process and the pro-tower advice of Paul Chapman, "the highly experienced and qualified" city planner.

After the hearing wrapped up, PROUD spokesman Carlos Garcia said he hopes the development will be rejected.

"We can't guarantee or predict what the outcome will be, but we feel very confident that we, and Jane Pepino, put forward a very strong case," Garcia said.

Garcia said PROUD expected that fighting the appeal would cost the group $300,000, but despite the generosity of Pepino and the expert witnesses PROUD hired, the case will cost "significantly more."

PDVC partner Dan Raseta, who has attended most of the hearing, said the process has cost PDVC "millions" of dollars.

Raseta said PDVC president Eric Moog, who was seriously injured in a boating crash in August 2007, and who has not attended any of the hearings, is still recovering in Toronto.

PDVC's third partner, Ralph Terrio, who has also not attended any of the hearings, was the only PDVC spokesman to formally comment.

Terrio said he skipped the hearings because they were too nerve-racking.

"My nerves can't take it. It makes me a nervous wreck," Terrio said in a phone interview after the hearing ended.

Several PDVC supporters expressed optimism about the outcome, but Terrio was more cautious.

"I wish I could have the same feeling, but I can't. It's all in one person's hands," he said. "I hear everybody did a good job of presenting the case but there is no way of knowing."

Garcia said whatever the decision is, it will be precedent-setting.

"There are 92 heritage districts in Ontario and all, except one, are low-rise," he said. A tower has never been built in a heritage district before, he said.

Terrio said his first question to Noskiewicz after the hearing ended was "what are our chances?"

"He said, 'You have a chance, but there are no guarantees.' "