Hanlon Creek Business Park

Following GCL's 'full house' Community Forum in March 09, the HCBP continued to be top of mind in our community.   In response to ongoing concerns being expressed by GCL members and others, the letter  below was sent to Mayor and Council in Sept 09.  Following community requests, we have added the Mayor's reply and GCL's response .  A meeting with the Mayor and CAO was scheduled for Oct 20/09 but thus far, no link to the HCBP Public Liaison Committee has been sent.


Dear Mayor Farbridge and Council,

Many citizens contacted the Guelph Civic League this summer to express concerns regarding the city's handling of two development projects: the GYMC parking lot upgrade and the Hanlon Creek Business Park.    We realize that the two are very different in scope and complexity but hope to draw your attention to the engagement practices as they relate to the concerns and subsequent outcomes.

GYMC

We commend Councillor Findlay for his leadership related to the GYMC.   As the ward representative, he intervened once citizens 'raised the alarm' about an absence of real public process.   Councillor Findlay listened, then supported both local and city-wide input to reduce the environmental impact of the project.   We also commend the city staff and Mayor Farbridge for publicly acknowledging that a 'mistake' had been made with respect to the process.   Finally we applaud the swift response in bringing staff and community stakeholders together to share information and develop solutions.    We hope this can serve as a successful model for future developments.

HCBP

The Hanlon Creek Business Park process has not been as smooth.  Despite the original public engagement and OMB processes, community concerns began coming to our attention in late 2008 and have steadily increased .  There seems to be significant frustration amoung the various stakeholders of this project exacerbated by recent acts of alleged 'intimidation', vandalism, civil disobedience and property damage.  Most recently, citizens have expressed concerns relating to the nature of the city's responses and the tone of city communications.  There appears to be a general lack of clarity regarding the obstacles or avenues for change available, once a development has been passed by council, tendered and awarded.  

We at GCL believe that :
    •    the HCBP has the potential to strengthen our economy and increase job opportunities while protecting the environment, 
    •    there should be zero tolerance for verbal abuse, intimidation, vandalism or property damage of any kind,  
    •    citizens should raise concerns constructively and respectfully and council/staff should respond likewise,
    •    multi-stakeholder collaboration should be solutions-focused and open to compromise,
    •    civic leaders should clearly account for the city's capacity to address concerns within the constructs available and
    •    as a community we share a responsibility to strike a balance between a strong environment and a strong economy.

We appreciate the efforts of city staff and council, respect the parameters of democratic process and applaud our local environmental groups for their ongoing stewardship and advocacy.    We believe that given the nature of ongoing concerns, the extent of misunderstanding and a growing sense of distrust and frustration by all parties, further action is required before the HCBP work recommences in the spring.    

We are writing to respectfully invite Mayor Farbridge to re-engage the community within a collaborative process that addresses any legitimate citizen concerns and re-instates community cohesion.    This is not about going over old ground but rather moving forward - seeking solutions where possible and developing better clarity, accountability and understanding around process and decisions.   GCL would be happy to convene a small meeting at 10 Carden to explore this and/or any thoughts you may have regarding next steps.   

If all parties remain committed to a spirit of openness, compromise and mutual respect, we can achieve the same success for the HCBP as was demonstrated by the GYMC stakeholders.   We are counting on your leadership to 'make a difference'.

Yours truly,

Annie O'Donoghue  - President - Guelph Civic League
on behalf of the GCL Executive Committee

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Dear Annie,

Thank you for your email and passing on the concerns of some of your members.

GYMC

We have a very successful process for public engagement in neighbourhood park (re)development. The matter of the GYMC parking lot should have been viewed in the context of this existing process. Thank you for recognizing the response by our staff and members of Council in correcting this situation.

HCBP

The realization of this project has involved four terms of Council. While there were several decisions along the way, the final decision by Council to move forward on this project was made in 2006 when the OMB Minute of Settlement were signed by all parties including the City of Guelph. That alone had a substantive public engagement process. Since that time, city staff have moved forward to implement the direction of Council and the conditions of the OMB. To  date, $20.5M has been committed with a further $12.5M committed through contractual obligations with two private developers who have partnered with the City. These developers have the legal right to move forward with the development of their property within conditions established by the City, OMB and other approval agencies. As well the City, developers and the Ministry of Transportation Ontario have entered into contractual obligations related to this project.

The $32M, referenced above, has been debt financed. The funding source for this investment is the sale of the lands. The revenue from the sale of the land will provide much needed capital funds and will release debt financing capacity for other important capital projects in the community.

I do remember the GCL commenting on the HCBP during the public process. In your posting "Ancient Trees Found - A 500-year-old clings to life", on January 11, 2006, a member of your organization called for the protection of the heritage maple grove and, indeed, the heritage maple grove has been protected.

A Public Liaison Committee was established through the OMB Minutes of Settlement to provide for continued public input during the development of the project.

With respect to your offer to convene a meeting with myself and the members of Council, while I appreciate the positive sentiment to be of assistance, under the Municipal Act, particularly given new accountability and transparency legislation, such a meeting would be prohibited. The GCL will be familiar with this legislation and the City of Guelph's recently approved Transparency and Accountability Policy as you provided valuable input into its development.

Finally, as Mayor, I provide leadership to Council and I am also responsible for ensuring that the decisions of Council are respected and the direction they provide to City staff is followed. This term of Council fully supports the decision and direction given in 2006 and is committed to moving forward with the project in conjunction with our partners and with full regard to all relevant policies, regulations and legislation.

Regards,

Karen Farbridge | Mayor

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Dear Mayor Farbridge,

Thank you for your swift reply.

Just to clarity our invitation:

1.) We did not anticipate a full council representation but rather extended the invite to all, understanding that yourself, and whichever council representatives that you saw fit, would respond.   This has been our practice for all GCL meetings, workshops and events which we've been pleased to have yourself and councillors attend.   Our understanding was that a number that constituted a quorum of council would be prohibited.  We would be pleased to meet with just yourself within one of our regularly scheduled GCL/Mayor meetings.   We've met in January and May this year so a meeting this fall would be timely.  

2.) We were not suggesting a meeting about the HCBP itself, as that was the purpose of our forum in March.   Rather we were inviting you to discuss strategies to address the most recent community concerns around process, communication and avenues/limitations for input.   We would like to work with the city and citizens' groups to increase understanding and bring about resolution in this regard and your input would be most valuable.   We hope to model effective vehicles for community engagement and will continue to denounce acts of intimidation or violence of any kind.

Please let me know if you would consider meeting with the GCL executive and I will follow up with Ana to find a suitable time and date.   In the interim, perhaps you or someone on staff, could point to where I might locate contact information or meeting minutes from the HCBP Public Liaison committee?   I'm afraid that I can't seem to find them on the city's website.   These might be helpful to share with our members and the community at large as they could speak to some of the concerns that have been presented.   We'd be happy to place the link on our website.  


Yours truly,

Annie O'Donoghue
President - GCL
  ---------------------------------------------------------------------------------------------------------------------------

October 23, 2009 

At our recent meeting you asked for an explanation, in practical terms, why the Hanlon Creek Business Park (HCBP) project cannot be reopened by Guelph City Council.  What follows is a summary of that explanation.
 
Decision making for this project has involved four terms of Council.  While there have been many decisions related to this project during that time, the key decision that conferred development rights under the Planning Act to all property owners in the HCBP occurred in 2006 when the Ontario Municipal Board (OMB) Minutes of Settlement were signed. The City of Guelph is legally bound to meet its obligations under this agreement. Many of the suggestions recently put forward by a group of residents would require the City to default on those minutes of settlement.
 
There are other contractual obligations and fiscal responsibilities in relation to the HCBP that Guelph City Council cannot ignore.
 
The City of Guelph has, for instance, signed a number of cost-sharing agreements in relation to the HCBP.
 
Estimates for the City’s portion of a cost sharing agreement with Belmont Equity Holdings Ltd for Phase 1 suggest the City needs to pay about $7.7 million.  The revenue source for this is the sale of City-owned land in the HCBP.  If the City does not develop and sell the land, it would fall to Guelph taxpayers to fund that $7.7 million.
 
Along with other signatories, the City has also signed a cost sharing agreement for the construction of interim Hanlon improvements.
 
The City of Guelph will pay its portion of a cost sharing agreement with the Ministry of Transportation for the construction of the Hanlon/Laird interchange.  This is an MTO project with the City’s share funded through development charges (DCs).  Those DCs can only be collected as the development of land in the HCBP and South Guelph Industrial Lands (east of the Hanlon) proceed.  With construction of the Laird Interchange likely to begin in 2011 now that the Hanlon EA has been successfully completed, development of the land is necessary so that the City can pay its portion of that cost sharing agreement.
 
To date, the City has debt financed $14 million for the HCBP project.  That is what has been spent to date. The City has additional financial obligations as the cost sharing agreements are implemented.  The capital budget anticipates financing this debt and any additional obligations through the sale of City-owned land in the HCBP.  Furthermore, the sale of City-owned land will release both funding and debt capacity for other capital projects.
 
Finally, both Belmont Equity and Cooper Construction have made significant financial investments in their lands and have been working in good faith with the City of Guelph to develop their property.  Their right to proceed was established by the OMB.
 
While this explanation may not satisfy those that want to stop or substantially alter the development, practically, Guelph City Council cannot ignore its contractual obligations and fiscal responsibilities.
 
Regards,
Hans
Hans Loewig | Chief Administrative Officer
City of Guelph

T 519-837-5602 | F 519-822-8277
E hans.loewig@guelph.ca
=========================================================================
GUELPH, ON, October 27, 2009 – The City of Guelph will celebrate the start of construction for the Hanlon Creek Business Park on Thursday, October 29.

Mayor Farbridge, along with project partners Belmont Equity and Cooper Construction, will be joined by Frank Valeriote, Member of Parliament for Guelph, and Lloyd Longfield from the Guelph Chamber of Commerce for a sod turning ceremony at the business park.

Members of Council, City staff and representatives from the Grand River Conservation Authority, University of Guelph, Guelph Economic Development Advisory Committee, Guelph Partnership for Innovation, Ministry of Agriculture, Food and Rural Affairs, and local real estate agents and brokers will also be in attendance to mark construction of the HCBP which will get underway in November.

WHAT

Sod turning ceremony to mark the start of construction of the Hanlon Creek Business Park

 
WHO
Mayor Karen Farbridge
Ken Nevar, Executive Vice President, Cooper Construction
David Kemper, Managing Partner, Belmont Equity Partners Group Inc.
Frank Valeriote, Member of Parliament, Guelph
Lloyd Longfield, President and CAO, Guelph Chamber of Commerce
 
WHERE

Hanlon Creek Business Park
Downey Road entrance, south of Teal Drive

WHEN

Thursday, October 29
5 p.m.

 
Attendance is by invitation only. Members of the media will be required to bring their media credentials to access the site.

==========================================================================

Dear Mayor Farbridge,

I am writing on behalf of the Guelph Civic League to express concern about the October 29th sod-turning that will be closed to the citizens of Guelph.

While we appreciated the response sent by Mr. Loewig as follow up to our meeting of last week, we respectfully inquire as to why the Oct 29th event was not mentioned.

We understand the need for security (as I'm sure that you are now aware of the plans by the 'HCBP Occupiers' group to hold a peaceful protest at the site entrance) but we would be interested in the City's rationale for keeping the rest of Guelph citizens from being part of the celebration on lands owned by all taxpayers of Guelph.

We have already received messages of concern and disappointment with the City's actions from our membership and we fear that actions such as this will only serve to inflame those opposed to the development and at the same time keep supporters from taking part and demonstrating allegiance with the City's development planning.

Please be in touch at your earliest convenience to explain the rationale behind this decision so we might share it with our membership.   We also would ask you to reconsider banning citizens from this event.   We are very interested in moving forward together to restore a spirit of engagement and transparency between the City of Guelph and its citizenry.

Yours truly,

Annie O'Donoghue
Guelph Civic League

=========================================================================

From:
Date: October 28, 2009 9:34:40 AM GMT-04:00
To:
Cc: ,
Subject: Hanlon Creek Business Park sod-turning

Good morning, Annie,

While sod-turnings are often public, this event is by invitation-only, in part because of an injunction that prohibits some from access to the property. Further, limiting access to those who have been invited will create a more comfortable and safe experience, we believe, for the City's partners and guests.

Regards,

Tara 

========================================================================

 

There’s no need for sod-turning ceremony GuelphMercury.com - EditorialOpinion - There’s no need for sod-turning ceremony

The City of Guelph is inviting a response it might not like through its decision to stage what it is terming a sod turning “to celebrate the start of construction for the Hanlon Creek Business Park on Thursday.”

Sod turnings are by their nature unnecessary affairs. They’re redundant and ceremonial acts of pageantry along the lines of ceremonial ribbon cuttings. And that’s when they’re politically benign or even universally regarded as positive things. This late afternoon event is being regarded as a controversial move. That’s no surprise to its organizers who have billed it as an “invitation only” affair – a unique designation for a something otherwise described as a cause for civic celebration.

The city and other supporters of the park have already made it abundantly clear that they need, want and eagerly anticipate this proposed development – even as it has met stiff and varied opposition. So, why a late fall affair to assert the same thing once more? Why is there a need to kick off construction that is at least months away from starting in earnest and which several opponents assert will be challenged before that really proceeds?

The city is awaiting word from the Ministry of Natural Resources on how it may proceed on the park – pending still unknown results of scientific work to try to determine whether land within the park is home to an endangered species. Shouldn’t there be clarity on that point before most intelligently and sensitively putting gold-plated shovels to the ground?

Likely, organizers want to demonstrate a confident and united front on this civic priority. That’s clear in the role call of anticipated participants, among them: Guelph’s mayor, its member of Parliament, the head of its chamber of commerce and representatives from the Grand River Conservation Authority, the University of Guelph and the Ministry of Agriculture, Food and Rural Affairs.

This event will be interpreted as such by project supporters and by many in the community as a show of force against contrary voices.

This a hot button development issue. Why push this now and in this way?

 

 Note: GCL contacted all councillors and requested a reply indicating their intention to attend the celebratory sod turning that was not open to the public.  Councillors Findlay and Piper replied.  Reportedly all councillors attended except Cllr Salisbury who was out of town - though media reports cite 6 councillors in attendance at the event.

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