Harold Kersey, vice-president of planning and development for Mady Development, which purchased the 44-acre parcel of land confirmed Penady, the developer partnership that stickhandled the Walmart development through the city’s planning department, issued a statement of claim against the city and Johnson within the last month.
Kersey pointed to a motion Johnson introduced at a Jan. 13 government issues committee meeting, which was approved by council as the main reason for the legal action. He said the motion would delay the commercial development, including the proposed Walmart Superstore and add to the owner’s cost.
The allegations have to be proven in court.
The motion, introduced by Johnson, and seconded by Stoney Creek councillor Maria Pearson, asked that city staff “communicate with GO Transit to advise that the transportation hub is to be located inside the commercial development on the southwest corner of Fifty Road and the South Service Road in Winona.” The change in location for the transportation hub, which would be designed for the city’s HSR buses and GO Transit, is significant because it was originally planned to be adjacent to the commercial development.
“The decision poses a significant delay on the project,” said Kersey. “For every day we hold it, it will cost us.” GO Transit is scheduled to release its environmental assessment on five potential preferred stations, two potential stations and three potential layover GO stations May 19 after studying the issue for nearly two years.
Kersey said the 443,000-square-foot commercial development, was involved in a site plan process with the city. That process has now been halted, he said, because of the legal action.
The project has also been delayed because of the Ontario Municipal Board hearing and subsequent settlement. Part of the requirement under the OMB decision was the creation of a CLC, involving Mady Development and Winona residents, to discuss how the project could be developed within the surrounding area.
Council had originally approved the development in a 10-6 vote in July 2009.
The development, say city officials, will mean $2 million per year in taxes and $8.2 million in development charges. Development officials say about 600 jobs will be created.
Kersey said Johnson, a Winona resident, has been opposed to the Walmart development prior to becoming a councillor. Johnson, he said, participated in the OMB settlement negotiations and she attended the CLC meetings.
“She has been personally opposed (to the development) before she was a councillor, and after (she became a councillor),” he said. “Then she makes this motion that is counter productive to our interests.” Johnson and the city’s solicitor, Peter Barkwell, did not respond to calls seeking comment.
Kersey said it’s “premature” to talk about any possible settlement with the city regarding the legal issue.
At the moment, he said, the company’s lawyer is currently reviewing the next legal step.
By KEVIN WERNER, NEWS STAFF
No comments:
Post a Comment