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City Auditor Finds That Staff Is Soft On Developers

Green Reality, Political Reality

Misquoted

The Ottawa Citizen completely mis-quoted my letter to the City of Ottawa’s Auditor General.

The Citizen’s headline “No audit for South March development” is inaccurate –development in the South March Highlands has already been audited as part of the AG’s review of the Development Review Process and the City’s performance has already been found questionable.  The real headline should have been the one I used for the title of this blog posting.

City Management in agreeing to pull up its socks has effectively admitted that City staff are soft on ensuring that developers meet the pre-conditions of subdivision development.

In my letter to the city Auditor General, I did not (as misquoted by the Citizen) “charge that the developer was refusing to meet a number of required conditions” even though that may be true with respect to conditions applicable prior to starting any phase of development or construction. 

I questioned why it took 1,567 signatures on a petition and a motion by City Council to require staff to do what they should already have been doing all along – enforce oversight on a developer meeting the pre-conditions of subdivision development.  I charged that planning staff were lax in the oversight, validation, and verification of conditions of subdivision.

I pointed out that the City’s Greenspace Master Plan identifies this area as one of the most significant natural areas of the City and that anything less than strict attention to the conditions of subdivision approval and applicable environmental studies would be irresponsible as well as in violation of the City’s Official Plan.

I stated that this situation was far from acceptable and questioned by the Mayor has not held the City Manager accountable for this incredible and ongoing failure.  The Auditor General replied that his audit of the Development Review Process had already turned up similar issues and that Management had agreed that these needed to be addressed.

In my follow up letter to the Auditor General I asked that the results of his audit and that the improvements being made by Management be made public.

The full text of my original letter and my follow-up letter can be found on the other tabs of this post.

July 28 Letter To AG

Mr. Lalonde,

The Planning Act requires municipalities to oversee development applications for subdivisions.  Yet 1,567 signatures on a petition were required to ensure that City Council passed a motion on July 14 to direct staff to do what they should already have been doing all along – enforce oversight on a developer meeting the pre-conditions of subdivision development.

At a public meeting held the following night, it was obvious that planning staff had not read in detail the preconditions of subdivision development, nor could they explain why so many conditions were unmet given that the developer has already developed prior phases.  Staff were unable to produce any details or copies of the documents that were supposed to be approved, nor were they able to identify which plans must have updates prior to each phase of subdivision, nor could they identify the approval status of the storm water management plan.

Furthermore, it appears that City staff have become so lax in the oversight, validation, and verification of conditions of subdivision, that the developer, KNL/Urbandale,  has become upset about the City starting to exercise their duties and has filed a complaint with the OMB.

In conversations with city staff and with city councilors I am told that this lack of practice is to commonplace as to be accepted as normal business as usual.   Yet it is far from normal, and it is even further from being acceptable.   It is a mystery why our Mayor has not held the City Manager accountable for this incredible and ongoing failure. 

The area where this subdivision development is occurring is identified in the City of Ottawa’s Greenspace Master Plan fieldwork study as containing 3 of the most significant natural areas in the City.  Anything less than strict attention to the conditions of subdivision approval and to the applicable environmental studies (such as the Special Study conducted by the City in 2004) and subwatershed management  plans would be irresponsible, as well as being in violation of the City’s Official Plan and the City’s statutory obligations.

The area is so sensitive, and residents are so opposed to its development, that this subdivision has a special condition (Condition 11) that requires the developer, prior to each phase of development,  to produce and maintain a communications strategy regarding development plans, schedule, and status.  This condition has NEVER been met and staff cannot explain why they have allowed any development to proceed to-date without it having been met to the City’s satisfaction.

Will you conduct an immediate operational audit of this situation?

Regards,

Paul Renaud

July 30 AG's Response

Good Afternoon Mr. Renaud

 Thank you for your email and your interest in this file.

I have reviewed your concerns.  In our audit of the Development Review Process, we have identified similar issues to yours.  My understanding is that Management is addressing them.  Finally, all my resources are currently assigned to complete my 2010 audit plan.

For these reasons, I do not plan do conduct an operational audit of the project.

Respectfully,

Alain Lalonde CIA, FCGA
Auditor General
City of Ottawa

July 30 Follow-up

Mr. Lalonde,

How may I obtain a copy of your findings and the steps that Management claims to be taking to address them?

We are obviously concerned about the possibility for gaps between the audit of the overall process and the failures of this project to-date.  Since you do not intend to conduct an operational review of this specific project, it is only by comparing the project issues that we have encountered to the results of your audit that we can be assured that further gaps do not exist.  For example, as they might arise in the handling of environmentally sensitive development projects.

Also, understanding the remediation plan proposed by Management is important to satisfying the concerns of citizens that the steps Management is taking will be sufficient as measured in terms of this environmentally sensitive project.

Regards,
Paul Renaud

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Why Denley Is Wrong About South March Highlands

Green Reality, Political Reality

The Ottawa Citizen seems to consistently avoid publishing all the relevant facts about the environmental diaster unfolding in the South March Highlands.  Why?

Randall Denley’s commentary on “Wilkinson backs down in face of opposition” is off-the-mark and reflects two common misconceptions about the South March Highlands (SMH).

  1. The Kanata 40% Agreement was not a “generous” grant of land by developers that can be compared to a 5% allocation of open space elsewhere. 
     This misconception assumes that developers originally had any right to develop any of this land as they do elsewhere. 
     

    The reality is, since 1972, ALL of the SMH were protected from development.  The 40% Agreement was agreed to by Campeau in 1981 so that they could obtain the opportunity to develop 60% instead of 0%. 
     

    Many people believe that this was the worst planning decision made by the Regional Municipality during the 1980s.  This is hardly “one heck of a deal” as Mr. Denley asserts.

  2.  The SMH are not the same as any other property commonly slated for development.
     Studies done for Ottawa’s Greenspace Master Plan identifies these lands as having the same significance as Mer Bleu, Shirley’s Bay, and Stony Swamp.  It also specifically references the Trillium Wood subsection of the South March Highlands as particularly valuable to the City.
     

    This is confirmed by ecological surveys done by the National Capital Commission and by previous City studies.  

    Ontario’s Ministry of Natural Resources has rated these lands as having provincially significant Areas of Natural Scientific Interest for Life Sciences as well as provincially significant, Class 1, wetlands.

Contrary to the impression created by Denley’s commentary,  Ms. Wilkinson is responding to the overwhelming demand from over 5000 residents to protect these lands from development. 

This may be seen by some as a change in posture, but it is nonetheless a sign of democracy in action.  It is unclear why Mr. Denley believes this to be a bad thing.

In the popular movie, V for Vendetta, the hero’s tagline is that “government should fear its people”. 

Any politician that does not respect and respond to the democratic will of the people that they represent should indeed fear them.

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Ottawa Citizen Continues to Whitewash TFD

Green Reality, Political Reality

The Ottawa Citizen has put so much white wash over the Terry Fox Drive (TFD) extension project that it will soon be unsafe to drive.  Each article that they publish seems to add more white-wash than the last.

The article, “Councillor muses about Terry Fox land swap“, quotes Marianne Wilkinson as saying she wants a park, but “the road must go ahead“.

Click on each tab below to reveal why she is wrong.

Why?

There is no economic justification for spending $47.7 M on a road that will sever the eco-connectivity of the area that Councillor Wilkinson wants to create a park in.

The original justification for the road evaporated with the tech bubble in 2001.  The City’s Auditor General in 2007 found that the population projections used to justify it and several other projects were unrealistic since actual growth has been 80% less than forecasted. 

City Management agreed, yet the traffic study for the road has never been corrected, nor was Council approval obtained to continue to proceed with a project of this magnitude having no economic justification.

No wonder Council can’t balance the City budget.

Who?

According to the Census, only 26,000 people in Kanata live north of the Queensway and most of them live south of South March Highlands – Morgan’s Grant, Dunrobin, and North March being the only communities in the north end of Kanata.

Meanwhile there have been 4 roads built in Kanata to enhance north/south connectivity (in addition to the 4-land March Road) since TFD was planned in 2000:

  • Hertzberg road now connects to TFD,
  • Kanata Avenue links to Campeau and TFD,
  • CastleFrank now crosses the Queensway,
  • TFD links Centrum to Kanata south.

The City is also spending $18 M to upgrade Goulbourn Forced Road so that is will be a usable road. 

How many roads do 26,000 people need?

According to OCRI, high tech employment is lower now than it was in 2000 and is likely to be flat for the foreseeable future (click to enlarge):

Graph of OCRI: Knowledge Based Employment Showing Flat Trend

Negative to Flat 10-year Growth In High Tech Employment

With the demise of Nortel, causing its parts sold off to foreign investors, we are unlikely to see significant employment growth returning to Kanata.

Who does the Councillor expect to use this road?

How?

The Citizen chose not to challenge Councillor Wilkinson on how she expects to justify a park to the NCC when TFD extension will sever eco-connectivity to it.

Scientific studies have proven that the road severs both the existing park in Trilliam Wood and the future park that the Councillor wants to have south of the road.  The leading scientific expert on the area, Dan Brunton, has called the road a “Berlin Wall” because it creates an impassible obstacle that will kill any animal that tries to cross it.

The City’s own Forest and Greenspace Advisory Committee, consisting of an expert panel of ecological advisors, passed a unanimous resolution expressing “grave concerns about the ecological damage caused by the TFD extension”, denouncing the proposed mitigation measures as inadequate as well as the failure of the City to protect the area. 

The Ottawa Field Naturalists, Canadian Bio-Diversity Institute, Greenbelt Coalition, Riverkeeper, Ecology Ottawa, Sierra Club, Save Our Greenspace, and several other ecological and community groups have jointly issued a statement appealing that the road be abandoned.

In trying to promote a park and build a road, how does the Councillor expect to have her cake and eat it too?

When?

Councillor Wilkinson is right in asking that the NCC extend the Greenbelt to embrace the South March Highlands.  The entire area should be a park that is out of the reach of the developer-driven planning at City Hall.

However when will the Councillor drop her support for a road that is no longer needed?

When will she rescind delegation of authority to City staff that enables them to approve developer plans for this area without public review?

If the Councillor were actually opposed to development in the area she would be using every mechanism available to her to delay it. 

When will she act as she speaks?

Conflict of Interest?

One can only wonder about why the Councillor floated a $100 M price tag for the purchase of land that cost considerably less for the developers to purchase.

In 2012, the land will soon be close to worthless from a developers’ perspective when habitat protection automatically kicks in as a result of Ontario’s Endangered Species Act. 

There are 17 species-at-risk identified with the South March Highlands, many of which currently reside in lands owned by developers.  With habitat protection, it will be very difficult and costly for developers to develop this area.

At some point, Ontario’s Ministry of the Enviornment will also get serious about dealing with the Radon gas that is embedded in the granite beneath the area.  This gas will be released by any blasting done for development and is already a health hazard for existing residents of North Kanata.

Environmental mitigation for radon gas emissions will make it harder for developers to sell homes in the area.

Without the road, developers will have to rework their draft plans for subdivisions, involving costly engineering work.  And even if the road is allowed to proceed, the environmental assessment process for development in such a sensistive area should be subject to lengthy public review.

Selling the land to the NCC at even cost plus 10% makes better business sense from a developer’s perspective because it creates more economic cash flow than tying up expensive capital for diminishing returns.

It appears that the Councillor is not experienced in the art of business negotiation, so why is she batting about high price tags?   Is it because the City is too accustomed to giving developers whatever they want?

Ecology Ottawa, Do_Developers_Run_City_Hall, examined campaign funding by developers for City Councillors in the last election.  It will be interesting to see how much funding from developers goes to Wilkinson and other candidates in this year’s election.

Ecology Ottawa also tracks the environmental voting record of all City Councillors and it will be very interesting to see if there is any inverse correlation between the declining environmental grades given to several councillors and any increased campaign contributions they receive from developers in the upcoming election. 

As an example you can see from page 2 of postcard-and-grades, the Councillor for North Kanata’s environmental record has deteriorated from a B to a C-D rating since the last election.

While we are looking at the long hand of developers, we should also ask why doesn’t the City’s editorial board ever allow its reporters to challenge the road? 

Could it have something to do with the significant amount of advertising revenue from the City of Ottawa each year? 

Or perhaps the massive amount of advertising revenue from advertising from developers.  This volume is enough to justify a whole section of the paper each week called “New Homes”.

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Citizen Article Whitewashes TFD

Green Reality, Political Reality

On April 17, 2010,The Ottawa Citizen published an article called  ”Critter Patrol on Terry Fox“.

Unfortunately this article presents a one-sided and whitewashed description of what is really going on.    Here is some important errata:

  1. It presents information from “The experts….”, creating the impression that there is no expertise among the hundreds who oppose this road. In fact, there are many experts in opposition including well-known botanists, biologists, turtle experts, civil engineers, etc.  All of the expert scientific information about this area, conveniently suppressed by City, raises signficant concerns about any development in this area has been compiled by eminent regional experts. The article is an insult to all of those experts.
  2. It fails to highlight that there are in fact 17 Species-at-Risk identified as being impacted by this road and nowhere in the article is the environmentally sensitive nature of this area discussed. 
    • The City’s own South March Conservation Plan states that this is the most densely bio-diverse area in the City of Ottawa and that  ”The Conservation Forest represents one of the most important reservoirs of ecological potential in the City of Ottawa, providing resources for the renewal of depleted natural areas elsewhere as well as encouraging diversification within established habitats.”
    • In addition to providing habitat for 17 Species-at-Risk, it is home to 423 native species of vascular plants, including 41 Regionally Significant species, 134 bird species, over 50 fish & mammal species, and uncounted reptiles and insects.  These “critters” depend on over 30 differentiated ecotypes of vegetation that comprise 10 distinct habitats – all packed into an area less than 6 square Km – and all within City limits. 
    • The bio-diversity of this area has been designated as a Provincially Significant Area of Natural and Scientific Interest (ANSI) by Ontario’s Ministry of Natural Resources.
  3. It quotes the project manager, Mr. Mike Flainek, whitewashing history by stating “The City of Ottawa from Day 1 has made some very conscious decisions to make sure that environmental impacts have been, first of all, managed, and second of all, reduced.”. 
    • The Citizen did not question how this statement could be true when at the outset of planning the road the City selected the worst possible routing for it as measured by environmental impact (based on the City’s own evaluation of alternatives).   The route chosen is in fact 5x worse than the environmentally best alternative which is simply to fix up Goulbourn Forced Road.  Using GFR instead of bulldozing a Conservation Forest for TFD will save $47 M in taxpayer’s money since the upgrade work for GFR is already scheduled at a cost of $18 M. 
    • The Citizen also did not question why the City is building a 4-lane road when a 2-lane road will suffice (assuming that the current routing).  According to the planning assumptions used for this road, employment growth for the West area was to more than double between 2001 and 2011. 
    • In reality, the employment numbers available in North Kanata between the 2001 and 2006 censuses reveal employment growth has been less than 20%. With the recession and troubles in the high-tech sector, there would have been no where near the anticipated employment growth since 2006.  The extra $10 M in cost and environmental impact of a 4-lane road is not necessary.
  4. The “experts” are quoted as saying, “When the turtles come out of hibernation over the next two weeks …”.  How can these “experts” not know that the turtles are already out of hibernation and have been seen basking in the sun for several weeks?  Perhaps these photos taken on the Easter weekend in the South March Highlands should be added to the identification wall of their trailer.  There is a photo of a Blanding’s in the photoset.
  5. Evidently we are to believe that “The fencing around the construction site … should keep the Blanding’s turtule out during road work.”  A visual inspection of the area readily identifies many gaps in this Maginot Line that turtles will never cross.
  6. A more serious inaccuracy is the assertion that “To help protect the turtles in the longer term, a permenant fence will line both sides of the roadway throughout the forested area.“  In reality, the CEAA Screening Study states that the fence is only on one side of the road because the forest will be destroyed by development on the other side.  The Citizen also did not question how this fencing will be used to prevent turtles from crossing at intersections or on the transecting collectors such as GFR and 2nd Line where there are no fences planned.  Perhaps the City is planning to train the turtles to use the culverts, but I doubt it.
  7. The article states “…they’re a threatened species protected by provincial law” but fails to mention that both the turtles and their nesting sites are protected by both provincial and federal law.  The Citizen did not question how the City will avoid destroying nesting sites when they have not taken the time to do a turtle study to determine where those sites are. 
  8. One has to wonder about how the City has chosen the location for the environmental crossings discussed in the article when, according to minutes of the City transportation committeee, the only wildlife movement study done by the City was a 3-month long winter study.  Those “experts” must be really smart to be able to use a study done when both frogs and turtles are hibernating.
  9. The article observes that the City may be chasing $32 M in federal funding.  It is too bad that the Citizen didn’t note that federal funding still comes out of the same taxpayer’s pockets as municipal.  Left pocket or right pocket, the buck stops with the taxpayer.

Notwithstanding the whitewash, it’s time to stop this madness and revisit the real question of (a) is this road still needed at all, and (b) if so is it in the right place?

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