I’ve been doing some digging into the cause of delays with Burlington’s pier – and possible solutions. There is a way forward, but it likely won’t come quickly and may cost taxpayers more. I will continue to follow this story, and provide updates, including a report below that sets the record straight on some rumours I’ve heard.
Pier dispute may not be covered by bond
Update to Community Services Committee, July 14, 6:30 pm, City Hall
When negotiations to complete Burlington’s pier fell apart between the city and the contractor over a design dispute, the city called the contractor’s performance bond last January. In early July, lawyers for the city, the contractor, the bonding company, and the design engineer met to discuss the bonding company’s investigation into the dispute. One of the key points of discussion: whether a design dispute is covered under the terms of the bond. If the bond can’t be used, what are the costs and options to finish the pier?
To get to the heart of the dispute and possible solutions, I sat down for separate on-the-record interviews with Scott Stewart, the city’s general manager of community services; Tom Eichenbaum, the city’s director of engineering; Henry Schilthuis, president of Harm Schilthuis & Sons (pier contractor); and Doug Corby of Masters Insurance (an agent of Zurich, the contractor’s bonding company).
My report is below. It covers:
What went wrong: a design dispute
Tear it down, and other options to finish the pier
Offer to redesign & build by next year
Doubts raised whether bond covers design dispute
Seeking costs from AECOM: risky, lengthy
Pier costs increase $1 million for “contingencies”
Decision unlikely before next January
What you can do
It’s time for transparency for taxpayers. I will be presenting a 150-name petition seeking transparency on the costs and options to complete the pier at the Community Services Committee Wed. July 14. You can still add your name at mariannemeedward@bell.net. Read More »
We may never know whether poor design or poor construction techniques caused the delays in building Burlington’s pier. Even professional engineers disagree on that point. But maligning the contractor’s reputation and spreading false rumours does nothing to advance dialogue and understanding of the situation, nor find a productive solution. Below, some of the rumours I’ve heard (including from city council members and officials!), and the reality.
Rumour:
The contractor is going bankrupt.
Reality:
The contractor (Harm Schilthuis & Sons) is solvent and has recently won tenders for several multi-million dollar projects. The fact that Schilthuis is solvent has complicated the city’s attempt to call Schilthuis’ performance bond pay to complete the project. Bonds typically come into play when there is insolvency – not the case here.
Rumour:
The contractor only got the job because they were the lowest bidder.
Reality:
Schilthuis was the lowest of three bids on the project, which ranged from $6.8 million to $8.4 million. (See the staff report comparing bids here. ) If city council’s only criteria for awarding tenders is “lowest bidder” that is a problem in itself. Additional reasons council may have chosen Schilthuis: Schilthuis had successfully built other projects in Burlington, including the Aldershot Pool and Aldershot Arena. As a result, Schilthuis was one of the few pre-qualified bidders on the pier project. A staff report in 2006 recommending that Schilthuis be awarded the pier contract stated, “Staff are very pleased with the quality of their work and are confident in their ability to successfully complete the pier project.” Read that report here.
Rumour:
The contractor is a small company that didn’t know the complexity of the job they were bidding on.
The cost of Burlington’s unfinished pier is escalating, the “total budget” is a moving target and city documents contain contradictory and misleading information that masks the scale of the increases. Those are the findings of my recent investigation into the cost of the pier.
More than 130 of you have written to me to add your name to a list of residents seeking transparency from the city on costs and options to finish the pier, now two years behind schedule with no completion date in sight. City officials claim they can’t provide those answers for confidential legal reasons, and yet all this information is readily available in public documents – if you know where to look.
We can’t let the city shirk its duty to be accountable and transparent to residents any longer.
A week ago, city council unanimously approved in principle the recommendations of the citizen’s report, Shape Burlington, which called for more transparency, and early public involvement in decision-making.
There’s no time like the present. Councillors can put their words into action by coming clean on the costs and options to finish the pier.
Transparency on taxes
They can also explain why our city taxes have increased at triple the rate of inflation – almost 6% per year for the last 10 years. But you won’t know that from reading city press releases, which downplay the increases. Those details are below.
Other issues
You’ll also find a summary of other issues in our city, including details of two public meetings on Freeman Station (May 16 and 18), the first meeting of the new waterfront advisory committee (May 14), and an opportunity to speak out on accident victims being charged for fire truck calls (June 1).
As always, communication here is two-way – leave a comment below, or email me at mariannemeedward@bell.net to comment or add your name to the list of residents seeking transparency on the pier. Read More »
City Hall isn’t listening and citizen confidence in local democracy is declining. City Hall has “a communications deficit.” Those are just some of the findings of the Shape Burlington report on civic engagement released yesterday.
Those findings (full report below) are no surprise to followers of A Better Burlington community website, and the Save Our Waterfront initiative. A Better Burlington was launched a year ago to tell residents what City Hall is doing, and to solicit feedback and participation on a range of issues.
One of the biggest has been waterfront development. Residents were not broadly and meaningfully consulted before current city council approved high-rise towers for the Old Lakeshore Road area of our downtown waterfront. Save Our Waterfront was formed as an initiative of A Better Burlington to press for community input before decisions about our waterfront are made. An update on our progress and next steps is below.
But we are not alone in raising concerns about public input. They have been echoed by many other individuals and groups, cutting across a variety of issues. The common refrain: there’s a “need for improvement” in public involvement, to quote Shape Burlington. Read More »
The pier in Burlington’s downtown waterfront has been plagued by delays and cost overruns. The question everyone is asking: what’s going on? We’ve been led to believe the contractor, Harm Schilthuis, is to blame. This is a local company with 57 years in business, which has successfully completed many other projects in Burlington, including the Discovery Centre and Aldershot Arena. Why would they stop work on a job if they didn’t have a reason?
Over the past few weeks, I’ve used my journalism background to investigate. There’s more to this story than we’ve been told. Furthermore, there’s an option on the table from the contractor to finish the pier – as early as this fall if work begins immediately. We know the longer this project is delayed, the more it will cost, and we’ll spend money on litigation, not finishing the pier.
We need Burlington City Council to make a decision quickly – and tell taxpayers how much this is really going to cost. You can help by sending an email to mariannemeedward@bell.net to add your name to the list of residents asking for transparency on the options available to finish the pier, and the final price. You can also leave a comment at the very bottom of the article.
Read more to get the details of my investigation, including interviews, research of public documents and material obtained under Freedom of Information. Read More »
Do you want more development in Spencer Smith Park on Burlington’s downtown waterfront? City councillors voted 4-3 this week to put the old Freeman Train Station in the park. It will go near the foot of Brant and Lakeshore, at street level with lower level washrooms walking out to the park.
Now councillors want your feedback before the issue comes to a final vote at city council March 22, 7 pm, at City Hall.
Proposed Freeman Station at Spencer Smith Park
Speak up for greenspace
I’ll personally be delegating to council against adding more development in Spencer Smith. If you’d like to add your support to my delegation please email me at mariannemeedward@bell.net (Your contact information will be kept confidential and you don’t need to attend or speak at the meeting).
But I’m aware there are different points of view on this issue. I’m interested in soliciting the broadest possible feedback because this concerns our waterfront.
Better alternatives
If we need washrooms in Spencer Smith, there are better locations than a prominent building, blocking views, on our main street. If we are going to preserve Freeman Station, there are more appropriate locations, including Ireland House Museum on Guelph Line, which is one of the options under consideration. Read More »
Members and supporters of Burlington Save Our Waterfront achieved a major victory for community engagement Monday, as city council unanimously passed the Burlington Waterfront Access and Protection Advisory Committee. As soon as we get information on how you can apply to serve on this committee, we’ll post it here.
Hold on development discussed Feb. 8, 6:30 pm
More than 20 Save Our Waterfront supporters attended Monday’s council meeting. Michelle Bennett, a dedicated member of our organizing team, stood beside me as I presented to council our support of the advisory committee (full text of my delegation is below). We also asked for a hold on development in the Old Lakeshore Road area while the advisory committee consults with residents on a better plan for this key area of our waterfront.
To my pleasant surprise, Councillor John Taylor asked that discussion on the possibilities of a hold on development be added to the agenda for the next Community Development Committee meeting, Mon. Feb. 8 at 6:30 pm.
So, we’ll be back in chambers next week to hear that discussion, and invite you to join us.
Thank you!
After months of waiting, things are now beginning to move along quickly – thanks to you speaking up for our waterfront. Congratulations, and thanks for your support. We wouldn’t have come this far without you.
The advisory committee on the waterfront that you’ve been asking for since last fall has cleared its first hurdle: it received unanimous support at 10:45 pm on Jan. 18. That vote still needs to be ratified at council Feb. 1.
Join us Feb. 1, 6:45, City Hall lobby
Members of Save Our Waterfront will be at council Feb. 1, and we invite you to join us in the City Hall lobby at 6:45 before proceeding up to chambers at 7 pm. We thank all of you who attended the January meeting, and regret the vote came so late in the evening that many of you couldn’t stay to see it.
Your victory
The establishment of the advisory committee is your victory – though others will take credit for it. Without you calling and emailing your councillors and mayor to ask for community input on a better vision for the entire waterfront, we wouldn’t have gotten this far.
Waterfront not saved yet
Though the advisory committee is a significant step forward, the waterfront has not been saved. The Old Lakeshore Road area remains at risk of highrise development because of changes this council made in 2007 to increase the allowed height of buildings.
It’s another win for the people! We’ve just learned that our request for a waterfront advisory committee is coming before the city’s Community Development Committee Monday, Jan. 18. This was a last minute addition to the agenda, after much behind the scenes negotiations in the wake of Tim Hortons’ withdrawal of its appeal to the Ontario Municipal Board for extra height for its waterfront property.
We need you: Attend Mon. Jan 18, 6:30 pm, City Hall
Plan to attend the CDC meeting, Monday, Jan. 18 at 6:30 at City Hall, to show your support for establishing the Burlington Advisory Committee on Waterfront Access and Protection. Members of Burlington Save Our Waterfront will be meeting in the lobby of City Hall at 6:15, to proceed up to chambers together. We invite you to join us to sit together.
Even better, register as a delegation to speak in support of the item – especially if you’re interested in putting your name forward as a member of the committee. Staff and council members need to hear that not only does the community want this committee, there are citizens ready to step forward immediately to serve on it.
You must call (905-335-7698 ext. 7855) or email the Clerks Departmentby noon on Monday to be added as a delegation. Your email should include your full name and contact information, with the request to be registered as a delegation to speak in support of the Burlington Advisory Committee on Waterfront Access and Protection. You’ll have up to 10 minutes and we can provide training and support. Let us know if you plan to delegate and we can coordinate our remarks (email: saveourwaterfront@bell.net).
Save Feb. 1, 7 pm to attend council
The waterfront committee will also have to be approved by council, Mon. Feb. 1, at 7 pm at City Hall. Again, we’ll need to fill the room. Residents can register to speak at council for up to five minutes.
Celebrate with us
This is your victory, and you’ve worked hard to get here. Without your voice and support standing behind me and the Burlington Save Our Waterfront team we would never have gotten this far. We’re close to getting one of our key goals – an advisory committee. Let’s bring it home on Monday night, and again Feb. 1.
If you’re in a mood to celebrate on Monday, a few of us will be retiring to the Queen’s Head, beside City Hall. We welcome you to join us, to meet some of the people behind the movement.
Finally, congratulations. This is a significant day for the citizens of Burlington, and for the future of our waterfront.
Yours for community, Marianne Meed Ward, Chair
Save Our Waterfront
Save Our Waterfront is an initiative of A Better Burlington, your source for news and debate about what’s happening in our city. To learn about and comment on other issues in Burlington, sign up for our electronic newsletter at: http://abetterburlington.ca.
You did it! As a member of the Save Our Waterfront movement, you’ve helped achieved a significant victory. We’ve just learned that Tim Hortons has withdrawn its appeal to exceed height limits of 15 storeys on the vacant waterfront lot east of Emma’s Back Porch in Burlington’s downtown. The Ontario Municipal Board hearing on this matter scheduled for Jan. 12-15 was cancelled after Tim Hortons unconditionally withdrew. That clears the way to set up the Citizens Advisory Committee on the Waterfront that we’ve been asking for. Read More »
I’ve been doing some digging into the cause of delays with Burlington’s pier – and possible solutions. There is a way forward, but it likely won’t come quickly and may cost taxpayers more. I will continue to follow this story, and provide updates, including a report below that sets the record straight on some rumours I’ve heard. 
