The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

www.oakvillebeaver.com The Oakville Beaver, Friday August 11, 2006 - 5 Robinson wants Oakville to expropriate Shell House property Continued from page 1 council still refused to choose a path Wednesday, instead recessing to continue at last night's council meeting. "I'm feeling unduly pressured to make a decision," said Ward 5 Councillor Jeff Knoll calling for yet more costing information. In the spring, the OMB delivered its decision on the controversial Palm Place application to build 370 units on the west half of the property and give the east half to the town as a park. The OMB ruled Palm Place, which had originally applied to build 1,000 units in four, 25-storey buildings, could build 300 units in three buildings terraced from five to eight storeys -- on 35 per cent of the property -- and give the east half -- about 65 per cent -- to the town as a park. There would be minimal cost to the Town. Palm Place would have to clean up the east half's lingering environmental contamination -- oil drums buried in a well. However, the OMB also put the ball back into the court of the developer and Town. The OMB gave Palm Place three months to get on with development. It gave the Town three months to get on with buying or expropriating the property. On Wednesday, council heard from Planning Director Peter Cheatley that Palm Place has filed site plans -- which could go to the September Site Plan Committee meeting. The case has been one of hardball negotiations from the outset -- beginning with the development of the Lakeshore Woods subdivision on the former Shell lands north of Lakeshore Road. That's where Palm Place's related company, Metrus Developments handed over more parkland than legally necessary in exchange for a letter stating there be a parkland credit for up to 300 residential units south of Lakeshore Road --subject to it going through the standard development process. Ward 1 Councillor Ralph Robinson, who said he's heard the letter called a "pact with the devil" and "a backroom deal," among other things, said it committed to nothing. That, however, was not what the developer believed. The OMB finding, while leaving some doors open, did establish certain things that couldn't be previously agreed upon. The approval to build 300 units helps set a value on the west half of the property. Cheatley, called as a witness by the OMB officers themselves, had testified the developer, when asked about a purchase price, cited a number that made his"jaw drop." This, he said, gave him the impression the property really wasn't for sale. The Town has now asked Palm Place if it would sell. Green said Palm Place offered in writing to him that its goal was to pursue development, but that it may consider a "serious" offer. The developer's lawyer Patrick Devine was at Wednesday's meeting to say Palm Place believes the property is worth much more than the appraisal given by the Town -- some 75 per cent more. Green also noted that any sale by Palm Place would be "as is, where is" in regard to the contaminated east side, leaving the Town to pick up in the order of $1.2 million in cleanup and infrastructure costs. Development of a park would cost an additional $1.2 million for the east side, or $2.4 million for the entire site, said Green. If the Town goes the route of expropriation, another $1.2 million in fees are contemplated. A land swap could be done, but there isn't another property in Oakville as attractive to Palm Place as the last remaining chunk of lakefront. Wednesday's meeting concluded with Robinson asking council to expropriate the west half of the land, then build the 27 low-density units on it that council originally recommended. Robinson said sale of 27 homes at about $500,000 each would raise $13 million, leaving not quite $2 million for the town to pick up. That's where councillors want- "I'm feeling unduly pressured to make a decision." Ward 5 Councillor Jeff Knoll ed more information. There was a question on servicing costs reducing the profit and whether the OMB left the door open for expropriation for a park or development. Also, more trees would be lost and many more driveways would exit onto Lakeshore Road. During hours of discussion, and a one-hour behind-closed doors session to hear legal advice, councillors were scathing in their comments. Robinson called for a public inquiry into what he called "the Palm Place disgrace," but that can't be done. Ward 1 Councillor Mike Lansdown levelled the accusation that other levels of government "disappeared into the woodwork." Lansdown said the Palm Place issue was the greatest disappointment of his term of office and that the Official Plan, despite having all the correct information in place, was "a total and utter flop" and that the OMB "threw it in our corporate face." Robinson, noting the mayor had gone above and beyond the call -- even driving across Toronto in rush-hour traffic and paying her own way into a Cabinet minister's fundraiser in order to speak to him about funding -- wondered if staff had done everything possible to find funding. Mulvale stepped in and assured they, too, had gone beyond the call. Despite all the best efforts, for a very long time, Mulvale said, "I've not seen any hope that we're going to be able to crack this one." Devine reminded council that the OMB effectively supported Town planners' recommendations that noted, that while the best use of the property would be as a public park, 300 units and half a public park at minimal cost to the Town may be the best compromise. Green said Wednesday council "is between a rock and a hard place." Devine even told council that "technically," the Town, if it isn't going to buy or expropriate, should give Site Plan approval to Palm Place by the Aug. 18 deadline, but that he'd advise his client of an extension to September as Town staff wished. Devine was called up on his OMB hearing argument, in which he cited a similar case, to accuse council of acting improperly by making its planning decision behind closed doors, then announcing it in public session. "What exactly were you inferring, sir?" challenged Lansdown, Wednesday. Mulvale parried with Devine that lawyers are paid by their client to achieve the best outcome for their client, using all relevant means -- and noting that the case cited by Devine during the OMB was now under appeal at the Supreme Court of Canada -- a fact that puts council's actions in a less condemning light. Ward 6 Councillor Tom Adams said he couldn't support boosting taxes when the Town is already getting 65 per cent of the property. Mulvale said to build anything on the west half, would be to contradict the Town's argument that the entire property should be a park. It was noted that Oakville's costs this year for GTA pooling will be $19 million. It was also noted that the cost of a twin pad arena is approximately $12 million. -- Angela Blackburn can be reached at angela@oakvillebeaver.com. ...Redefine Your Living Space We design and build Bathrooms . Kitchens . Basements FAMILY OWNED & ED OPERAT More than 20 years of experience 198 Speers Road, Oakville 905-845-9675 Hurry... When they're gone they're gone! Oakville's Best Value! Brand New 2006 DODGE CARAVAN $ 99* Own Canada's # 1 Mini Van 399 $0 DOWNPAYMENT $0 ON DELIVERY. We pay your 1st payment TAX-IN *48 month Gold Key Lease with 20,400 km year. INCLUDED INCLUDED INCLUDED YMENT INCLUDED GST & PST INCLUDED 646 4TH LINE AT SPEERS RD. Between Doval and Third Line Financing Provided by We will save you time and money!" Sales Hotline 905-845-4211 sales@oakvilledodge.com DODGE TRUCK CENTRE