A Better Burlington » burlington

City launches $7.5m lawsuit on pier; Progress on waterfront, but it’s not saved yet

Marianne Meed Ward — Fri, 03 Sep 2010 00:32:13 +0000

Much accomplished, but waterfront not saved yet

Much has been accomplished since Save Our Waterfront was launched a year ago, and 2000 of you joined with me to seek a better plan than high-rise development replacing 2-story heritage buildings in the Old Lakeshore Road area of our downtown waterfront.

Some of those achievements are detailed below and you should all take pride in celebrating them. I couldn't have done this without the support of the Save Our Waterfront leadership team and all 2000 of you standing with me, sending donations, putting up lawn signs, and lending your voice for a community-led vision for waterfront development.

But our work isn't done. Our waterfront is far from saved. But you wouldn’t know that reading city information.

City launches $7.5m lawsuit; resumes talks with contractor

Burlington has now formally launched a $7.5m lawsuit against the pier contractor, design engineer and others involved in this project. At the same time, the city has resumed talks with the contractor on a redesign proposal first presented in January.

The pier is coming before city council next Tues. Sept. 7. That's the last opportunity to resolve the pier before the election.

We all hope to see a cost-effective and timely resolution, but these 11th hour developments seem like more of the same reactive decision-making that led to the demise of Freeman Station and the Pan Am games.

A Special Report on our Unfinished Pier

Marianne Meed Ward — Wed, 14 Jul 2010 16:58:50 +0000

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).

Click below to read my report.

The pier contractor isn’t bankrupt, and other rumours dispelled

Marianne Meed Ward — Tue, 13 Jul 2010 03:07:00 +0000

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 officials!), and the reality.

City lacks transparency on pier costs, tax increases

Marianne Meed Ward — Wed, 12 May 2010 13:34:06 +0000

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 – about 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.

Public shut out of decision-making: Shape Burlington report

Marianne Meed Ward — Thu, 22 Apr 2010 13:29:29 +0000

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 via the link) 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.

Solution to finish pier exists – if City Hall will act

Marianne Meed Ward — Tue, 16 Mar 2010 01:08:46 +0000

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.

Details of my investigation are here, including interviews, research of public documents and material obtained under Freedom of Information. You can also leave a comment at the end of the post.

Advisory committee approved – hold on development discussed Feb. 8.

Marianne Meed Ward — Fri, 05 Feb 2010 11:17:33 +0000

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.

Advisory committee clears first hurdle – final vote Feb. 1

Marianne Meed Ward — Mon, 25 Jan 2010 17:15:15 +0000

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.

Victory! Tim Hortons backs off – but there’s a long road ahead

Marianne Meed Ward — Sat, 09 Jan 2010 03:55:37 +0000

You did it! As a member of the Save Our Waterfront movement, you’ve 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.

Waterfront advisory committee a go – with strings attached

Marianne Meed Ward — Sat, 19 Dec 2009 17:01:55 +0000

Save Our Waterfront got an early Christmas present, thanks to your many emails and phone calls to your elected representatives: agreement in principle to strike a Citizen's Advisory Committee on the Waterfront. But it's a present with significant strings attached.

You can read the details of the proposed committee below, developed after a series of meetings with two city councillors and two Save Our Waterfront representatives. We'll need votes from two more councillors, but this is a step in the right direction. And, as always, we welcome your feedback (click to comment).

But a few days ago, we learned about the "strings" attached: when the councillors ran the proposed committee past the city's lawyer, the advice was to delay its establishment until after a decision in the Ontario Municipal Board hearing on Tim Horton's waterfront property. The councillors have elected to take this legal advice, and put the committee on hold.

You'll know from our other posts that Tim Horton's owns the vacant lot beside Emma's Back Porch on Old Lakeshore Road and is challenging the city's definition of a 10-storey building - they want to go higher.

We've been told the legal concern is that striking such an advisory committee on the waterfront could be seen as an admission that the city is uncomfortable with its own plans for the waterfront. The mere existence of the committee could be used against the city at the hearing.

That's the argument, anyway. Save Our Waterfront, respectfully, disagrees. This turn of events represents an unnecessary - and potentially indefinite - delay in citizen consultation.

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A Better Burlington » burlington

City launches $7.5m lawsuit on pier; Progress on waterfront, but it’s not saved yet

Much accomplished, but waterfront not saved yet

Read More

City launches $7.5m lawsuit; resumes talks with contractor

Read More

A Special Report on our Unfinished Pier

The pier contractor isn’t bankrupt, and other rumours dispelled

Read More

City lacks transparency on pier costs, tax increases

Transparency on taxes

Other issues

Read More

Public shut out of decision-making: Shape Burlington report

Read More

Solution to finish pier exists – if City Hall will act

Read More

Advisory committee approved – hold on development discussed Feb. 8.

Hold on development discussed Feb. 8, 6:30 pm

Thank you!

Read More

Advisory committee clears first hurdle – final vote Feb. 1

Join us Feb. 1, 6:45, City Hall lobby

Your victory

Waterfront not saved yet

Read More

Victory! Tim Hortons backs off – but there’s a long road ahead

Read More

Waterfront advisory committee a go – with strings attached

Read More