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‘Astonishingly reckless’

Posted: August 15, 2024 at 9:30 am   /   by   /   comments (2)

Packed hall hears fears and questions—but few answers

More than 500 folks filled every seat in the Highline Hall in Wellington on Monday night, leaving many to stand around the perimeter of the large meeting room. Not since the struggle to save the Picton hospital have so many County residents come out of their homes to voice their worries about the direction of their community. Perhaps five of 14 council members were in attendance. Mayor Steve Ferguson was not among them.

Specifically, folks worry they will pay for Shire Hall’s big spending plans to expand waterworks for developers.

Much of the evening’s sentiment was captured by Jennifer Armstrong, the 20-something chair of the Wellington Rec Committee and member of the Wellington Community Association (a co-sponsor of Monday’s event, along with the Wellington on the Lake Citizens for Responsible Growth.)

“Who is this for?” asked Armstrong, pointing to the empty fields north of the hall that may, one day, see tracts of new homes emerge from the earth. In any event, she doesn’t believe she will be able to afford the homes developers want to build.

Armstrong has been asking this question for a couple of years.

“I’ve voiced my concerns at council meetings, but it feels like no one is listening,” said Armstrong. “The decisions appear to be made beforehand. It’s disheartening to hear from Council and County staff that Wellington is perceived as volatile and hostile. We’ve been labelled as skeptics, but if the population is skeptical, isn’t it the council’s responsibility to address that?”

Armstrong’s comment drew sustained applause from the capacity crowd.

UPDATE ON ROAD CLOSURES
The meeting began with new details about road closures and disruption necessitated by the installation of trunk pipelines running the length of the village. Wellington councillor Corey Engelsdorfer explained that no home or business would be stranded by the road closures—that it will be confusing and unsettling for a while, but that homeowners along Main Street and side streets such as Carla Court and MacDonald Streets would always have a way in and out of their homes.

“Some days, you will have to turn right; other days, you will turn left,” explained Engelsdorfer.

The Wellington councillor drove the detour route over the weekend—Consecon Street to Danforth, West to Greer Road, and Hubb’s Creek Road south to the Loyalist Parkway. He reported that the road was not in great shape—but that the municipality was responsible for ensuring safety for folks travelling this route.

Engelsdorfer also explained that he is talking to the developer who owns the land behind the Legion to establish an emergency exit from Wellington on the Lake via Aletha Street to Cleminson in the village. That prompted questions about increased traffic on the neighbourhood streets, but Engelsdorfer assured those neighbours that controls would be established to ensure it is used only in an emergency.

No Shire Hall staff were on hand to provide additional details or timing information.

The Wellington councillor added that the closure of Main Street was unlikely to occur until the fall. He is proposing the creation of a working group consisting of a representative from Shire Hall, the construction company, the WCA and the Wellington on the Lake Citizens for Responsible Growth. He suggests the group meet every other week to understand the rolling challenges and to keep the community apprised of progress and upcoming bottlenecks.

MAIN EVENT
Most folks came out on Monday to find out how to stop what many see as irresponsible and dangerous spending by Shire Hall—and to understand the risk this puts on all water ratepayers and County taxpayers.

Andrew Biggart is a municipal lawyer steeped in development law with experience spanning big cities and rural communities to big developers across the province. He has seen a lot.

“I’ve never seen anything like this,” said Biggart. “It’s entirely upside down and backward.”

Biggart explained that Ontario’s defining principle of development is that developers pay for growth. But he sees this principle turned on its head in Prince Edward County. He says existing water users, through the municipality, are effectively lending developers the money to build their infrastructure.

He has seen two upfront agreements Shire Hall has made with developers.

“You are paying for the developer’s infrastructure,” explained Biggart. “Your municipality has zero control over what the developers pay and when they pay. The trigger for payment, in Shire Hall’s agreements, is an approved plan of subdivision. I’m aware of at least one development plan that has been sitting on the books for 27 years.”

This is just not how development is done, according to Biggart. Municipalities must ensure control over what is being paid and when it is being paid. These agreements don’t do this.

“Why are you doing this?” asked Biggart of Shire Hall. “Would you spend your own money on a developer without knowing this money would be repaid?”

Biggart also explained that Shire Hall has a statutory duty not to put an unfair burden on residents.

“I see no justification for this,” said Biggart. “This is an example I will use for many years on what not to do.”

He says the agreements are great for the developers— with existing water customers funding a quarter billion dollars in infrastructure, with no requirement or timeline to pay it back. He said it reminds him of the TV ad for a Swedish furniture company in which a couple are so astounded at the good deal they’ve made, but fear the mistake will be discovered.

“Honey, start the car, start the car!”

Biggart had little comfort to offer County residents who don’t pay a water bill. He explained that “the debt of the waterworks is the debt of the municipality.”

Biggart also drew attention to the third-party review process Council directed in January.

Shire Hall says 12 firms looked at their requests for proposal (RFP) to evaluate the project’s assumptions, finances and scale, but all passed on the assignment.

“I find that puzzling,” said Biggart. He said he could only see two possible explanations: either the RFP was faulty, or nobody wanted to touch this. “Don’t bite the hand that feeds you,” suggested Biggart.

But the lawyer’s biggest complaint is that Shire Hall has refused to answer his questions. For eight months.

Biggart allows that Shire Hall may have documents, information or agreements that ensure the integrity of the finances of existing waterworks customers and the municipality regarding this project—but he has not seen them. He has asked for them—in writing.

He says municipalities typically respond quickly and comprehensively to his inquiries because they are eager to show that they’ve done their homework and due diligence. But eight months after his request for such information from Shire Hall, he is left with only unanswered questions.

RESIDENTS ARE FRIGHTENED
Helen Prolas spoke on behalf of the Wellington on the Lake Citizens for Responsible Growth.

Prolas said she and her fellow residents are truly frightened.

“We already pay among the highest water rates in the country,” said Prolas. “What will happen if this goes through.”

She said that ‘build it and they will come’ is a bad way to encourage new home development and puts all the risk burden on existing water customers like her.

“Press pause? Yeah!” said Prolas.

CALL TO ACTION
Joanna Green thanked the crowd for coming out. She urged them to consider attending the August 27 Council meeting. At that meeting, Shire Hall will be asking for Council’s approval of a tender for the design of a new super-regional water plant and intake pipe. Such approval will be used as the basis to push ahead with the plant construction, which will then provide the basis for a 20-km pipeline to Picton. And so on.

“The math does not add up,” said Green. “Please make plans to attend Shire Hall on August 27 to ask Council to Press Pause. Call and email the mayor and Council.”

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