Yellow Alert for Water Levels

This a pretty big deal. So despite all the whining about how "this wasn't a real summer," it appears that there are some benefits to getting a decent amount of rainfall, like not having to worry about the water levels from dipping to far out of hand. Now I would never advocate that we have cause to celebrate because we didn't have to conserve, that would be just silly. But it's still nice to hear that the environment's not yet a total loss.

GUELPH, ON, September 17, 2009 – The City has moved to Level 1 Yellow of its Outside Water Use Program after water managers from across the Grand River watershed moved to endorse Level I flow conditions of the Ontario Low Water Response Plan for the Eramosa watershed. During Level I conditions the Grand River Low Water Response Team (GRLWRT) asks communities in the Eramosa River Watershed to aim for a 10 per cent reduction in water consumption.

The decision comes in response to receding stream flows across the watershed. Despite a relatively wet summer, rainfall in the past month has concentrated on the northern and southern portions of the Grand River Watershed leaving the central portion, which includes the Eramosa River, significantly untouched. As a result, river flows in the Eramosa River have dropped to about half of what they would normally be at this time of the year. There is little precipitation expected over the next week and Environment Canada is predicting warmer temperatures and below normal precipitation over the next few months.

The decision by the GRLWRT requires Guelph to move from Level 0 Blue of the Outside Water Use Program to Level 1 Yellow. The change in Program level does not restrict activities associated with outside water use, rather it reminds residents to be aware of their water consumption and follow the City’s “reduce outside use” guidelines. Level 1 Yellow conditions still allow for alternate day lawn watering, and do not restrict garden, tree or shrub watering.

Although outside watering activities are not affected by the level change, compliance to the program guidelines becomes mandatory. With the change in program level, Waterworks staff and City By-law Officers will increase enforcement of the Outside Water Use Program. Residents who fail to comply with the City’s “reduce outside use” guidelines can face a fine of $110.

For information about the Grand River Conservation Authority, visit www.grandriver.ca. Information about the Province’s Low Water Response Plan and Guelph’s Outside Water Use Program can be obtained by Guelph Waterworks at 519-837-5627 or by visiting guelph.ca/water.

Horst is back!

To the disappointment of a lot of people, Guelph cartoonist and illustrator Gareth Lind pulled the plug on his long running comic strip Weltschmerz last year. Those of us who enjoyed the doom and gloom sobriety offered through perpetual glass-is-half-empty advocate Horst, the strips protagonist (or maybe antogonist), have missed Lind's spin on issues facing Canadians.

Well just when you thought you'd never hear (so to speak) Horst's naisally leftist whine ever again, he's making a triumphant comback, albeit in a new, leaner package.

Dear former Weltschmerz readers,

I have started a new comic strip called This Bright Future, appearing every week at The Canadian Charger. Think of it as distilled Weltschmerz. Tighter. Sharper. And I hope just as funny.

Horst and his friends return -- Frank, Cosmo, Raj, Donya and even maybe Celia. But the strip will be more focused on current affairs, less on personal foibles. Not surprisingly, Stephen Harper has put in an appearance more often than any of the above.

You can find This Bright Future on the front page of The Canadian Charger, a web magazine aiming to expand the range of discourse in our corporate-dominated media. The first panel of this week's cartoon is attached below. (There are a number of seed comics to check out as well.)

If enough readers request it, this new strip could appear on local newsprint (hint intended).

Please visit the Charger Thursdays to for your satire fix. You can become a fan at the TBF Facebook page. And please spread the word.

Thanks for reading,
Gareth

And suddenly, all is right with the world again. Welcome back, Horst! (Gareth too!)

HCBP: That's all folks... for now

It would seem that those rascally Hanlon Creek Business Park Occupiers got their wish after all and stopped construction on the HCBP lands, for this year anyway. After the City got Ministry of Natural Resources approval to proceed with the construction of a culvert last week, it seemed it was full speed ahead to wrap construction before we got too deep into fall.

Press Release from the City:

GUELPH, ON, September 3, 2009 – The City of Guelph has determined that it will not proceed with construction of a culvert on the Hanlon Creek Business Park site in 2009, and will instead undertake culvert construction in 2010 as part of the overall servicing work for Phase 1 of the Business Park.

The decision comes this afternoon at the conclusion of careful analysis on the part of the City as to the environmental and technical implications of undertaking the construction in the fall rather than in the summer. One month of critical summer work was lost between July 27 and August 27 as a result of a small group of protesters having occupied the site. The original work plan would have seen all in-stream work completed before August 31. That plan was thwarted when protesters halted work on the project in July.

Construction of the tributary "A" culvert is considered to have lower environmental risks in the summer when groundwater levels and stream flows are low. Construction in the fall creates the potential for greater environmental impacts when groundwater and surface water levels are generally higher. To perform the work this fall would require extensive de-watering (a process whereby the shallow water table is manually lowered) and an elaborate diversion of the stream, the first of which would require a permit to take water and both of which would be subject to a potentially lengthy approval process.

City officials have decided that deferral until 2010 is the environmentally responsible and generally more prudent route. "A handful of protesters have held our City hostage and ignored democratic processes. Regrettably, the result is a significant delay, which will ultimately cost city taxpayers," says Guelph's mayor Karen Farbridge.

The City's contractor will be on site over the next few days to remove equipment and stabilize the site.

All construction planned for 2010 will move forward without delay. The City will work with Industry Canada to secure the use of more than $621,000 in federal funding, announced today, when it resumes its work in 2010. This funding was announced as part of the country's economic stimulus package to get Canadians working, create jobs and provide a legacy of longer-term economic benefits.

It's kind of odd to hear the Mayor talk about the City being held "hostage" and the cost to taxpayers, especially given that many involved with protesting are involved in the Ontario Public Interest Research Group, also known as her old digs.

But what do the protesters themselves have to say:

We just learned from a City press release that the City is cancelling the HCBP for this year, due to losing a “critical month” of summer work. In other words, the main goal of the occupation – stopping the HCBP for this year – has been achieved! The larger goal of stopping the HCBP as a whole, has yet to be accomplished. But we have a hell of a lot more time and energy to work towards that.

Check out this article from the Mercury: Farbridge says city held ‘hostage’
http://news.guelphmercury.com/News/Local/article/529069

Also see the City’s press release, which is basically the same: City delays culvert construction until spring (As quoted above)

Mayor Karen Farbridge also says that, “A handful of protesters have held our City hostage and ignored democratic processes.” If the Mayor had visited the site even once during the occupation, she would know that literally hundreds of people of all ages participated in the occupation, with thousands more in support.

The Mayor herself should ask how many times people must be ignored through their ‘democratic process,’ until they realize that sometimes the most effective way to create change is to take action.

Thank you so much to everyone for every single way you have helped. Let’s keep it going, and stay tuned for updates.

Good news!

This message was sent over both the "Save our Old Growth Forests" Facebook group and the "Land Is More Important Than Sprawl" group.

So there you have it, a small group of so-called radicals can really make a difference after all. My hope is that over the next couple of months, there is a serious reconsideration of proceeding with work on this site. It's plans were drawn years ago in a completely different economy. And I have yet to receive a decent counter argument as to why hundreds of acres of empty industrial space in the north end can't be converted to a new business park as opposed to digging up and paving over pristine green space.

It's September 1st, and you know what that means...

...Fall election talk, partner! Yee-Haw!

I think that this headline from an article on the Globe and Mail's website says it all: "Ignatieff to Harper: ‘Your time is up'"

So it seems that Liberal leader Michael Ignatieff has it in his mind to topple the Conservative government of Stephen Harper. “After four years of drifting, of denial, of divisiveness and discord ... Stephen Harper’s time is up,” Ignatieff said Tuesday to party members and national media during a campaign-style rally in Sudbury.

Party on, Iggy! Surely you will find support to bring down Harper in the other opposition parties. All they ever want to do is end the Conservative reign and get another election going, and good thing because you're going to need all three to bring this House of Cards down.

“If the government wants to start acting in the interests of Canadians, then perhaps we can avoid [Ottawa] foisting an election” on voters, NDP finance critic Tom Mulcair said.

Snap! Where's the NDP that will vote against anything Harper puts on the table? Even before they know what it is. But what of Giles Duceppe and the Bloc Quebecois? From Reuters, "Gilles Duceppe, leader of the federal party that advocates separation for the French-speaking province of Quebec, will speak at 4 p.m. (2000 GMT) in Laval, Quebec, on Wednesday, a Bloc spokesman said."

And Mr. Harper, what do you have to say? “The one thing that could screw this all up is political instability. We have a couple of parties in Parliament, the Bloc Québécois in particular, the NDP as well, they vote for an election every day of the week every time, they've got nothing to do other than fight election campaigns. There is a risk that at some point in the future, as we saw last year, that one of the major parties will try to appease those parties and do bad things to this country as a way of trying to get into office.”

Well, he's on the money about the NDP and the Bloc. I've always said that they have that luxury of opposing every confidence motion because they know their votes alone won't get the job done, and the Liberals are always gun shy about going to the polls prematurely. Plus it always gives the NDP and the Bloc the high ground by saying that there's no difference between a vote for the Liberals or the Conservatives since the one props up the other.

Is Ignatieff baiting the other parties, by preemptively issuing an ultimatum to the Conservatives? Is he daring them to call his bluff, or is he deadly serious about moving full speed ahead with a Fall election? Whatever it is, it's smart politics. Ignatieff has put both the Conservatives and the NDP on the defensive and forced them to maybe look at each other in order to save them both. Jack Layton has to choose whether he's going to follow Ignatieff's lead or risk looking the hypocrite by propping up Harper. The Bloc, meanwhile, face a similar conundrum as the NDP, but that's by no means the same kind of compromise required of the Conservatives should they decide to movie forward and try to and pursuade the Bloc to give them the assist.

Could the Bloc and the Conservatives reach an argeement? Probably not becuase the Conservatives would risk losing a lot of face with their western base. And as for the NDP, their requested concessions - usually more money for healthcare, education and other social programs - is sure not to go over very well with the Conservative caucus, especially in a recession economy. So it begs the question: has Ignatieff put his opponents in checkmate? Well, the first chance they'll get to bring the government down doesn't come until the end of September. An eternity in political life.

Someone goes Bronson on the HCBP site

... As in "This ain't over." I suppose it was inevitable when the Ministry of Natural Resources said everything was cool for construction at the Hanlon Creek Business Park that someone would take significantly greater action against the construction plans for the site. This press release just came over the wire a little while ago, and it ain't pretty.

GUELPH, ON, September 1, 2009 – The City of Guelph has just learned that work completed yesterday to repair damage done during the Hanlon Creek Business Park occupation was sabotaged overnight – the time of day when salamanders, particularly juveniles, are most vulnerable. (I enjoy the upfront reference to the salamander, making it sound as if the person or persons that dug the trench were out to harm the salamander.)

Drexler Construction, the construction firm hired by the City to install a culvert at Road “A” on the Hanlon Creek Business Park site, discovered that trenches – filled yesterday to allow vehicles access to the site – had been freshly dug overnight.

As part of its Salamander Protection Measures Plan, developed with input from the Ministry of Natural Resources and Dr. Jim Bogart, Chair of the Jefferson Salamander Recovery Team, the City has deliberately isolated the construction area from 30 minutes before sunset to 30 minutes after sunrise when Jefferson salamander juveniles would be most likely to be moving from breeding ponds, if any are on site.

As the per the Minister of Natural Resources’ decision last week, the City plans to proceed with the work to rectify damage to the property, while continuing to adhere to the mitigation steps outlined in its Salamander Protection Measures Plan.

And this is not the first bit of mud slung following the successful injunction calling for work on the HCBP site to cease while the MNR did a further assessment in the interest of protecting the Jefferson Salamander. This came out a couple of days ago:

GUELPH, ON, August 28, 2009 – The City of Guelph has modified its claim to reflect its primary interest in recovering costs associated with equipment stolen from the Hanlon Creek Business Park site and damage to property.

As part of the City’s ongoing legal action relating to the Hanlon Creek Business Park occupation, it is required to file a statement of claim by end of day today – 30 days from its statement of action, filed July 30.

The City has no plans to seek punitive damages as part of its claim.

“We have modified our claim for damages sought, to protect our injunction, and to recover costs for stolen equipment and damage to property,” says Guelph’s Chief Administrative Officer Hans Loewig. “While the City has no plans to seek punitive damages, it does have an obligation to protect its injunction so that this project can move forward without further cost to taxpayers and unnecessary delays.”

The City may also look to recover costs associated with the present appeal, which it considers unnecessary in light of the Minister of Natural Resources' decision.

Then there was this article in the Guelph Mercury a couple of weeks ago, about how there was a mess left behind on the site by protesters. By "mess," the city meant the various traps and trenches dug by the protesters to stop vehicles from entering the site. It would seem that somewhere though, someone, though more likely someones, decided to take things to the next level. I appreciate their frustration, but this kind of action just gives the city leverage to not take future protesters seriously.

Having said that though, I do find it galling that the city is trying to position themselves as defender of the Jefferson Salamander against the carelessness of hardline, eco-saboteurs. In the political business, I believe this is called "managing the story."

Trees Saved (for a change)

Paradoxically, as the City was fighting to mow down some trees in the HCBP, it was fighting to keep them up in the area around Goldie Mill. Here's the City's press release:

A revised plan for the parking lot at the Guelph Youth Music Centre and the Goldie Mill Park will allow for the majority of the mature trees to remain.

City staff presented this modified plan at a meeting last night at the Guelph Youth Music Centre. Changes to the plan were made in response to comments received from residents and input from a public meeting on August 5.

The City also committed to working with a focus group of residents and stakeholders to produce a final plan for the parking lot that meets the needs of the community and Guelph Youth Music Centre.

The City will implement measures to minimize construction impacts on the trees adjacent to the parking lot. The City is also committed to replacing any transplanted trees that do not survive, and planting new trees adjacent to the parking lot.

Other changes include reducing the number of proposed parking spaces, and minimizing the brightness and limiting the extent of the lighted areas, including removing one of the proposed light poles. To address concerns about storm water runoff, an oil grit separator will be included in the storm water system, providing additional treatment for water runoff from the parking lot before it enters the Speed River.

Not to say that I'm not pleased about this development, but it seems bizarre to me how the same city hall that fights so hard for environmental protection in the core, let's sprawl run rampant along the edges of town.

End of a (Short-Lived) Era

Yesterday, the protesters at the HCBP site packed up their trash and headed home as per the court injunction. But these time there was no threat of police involvement, this was the natural end of the protest thanks to the earlier reported injunction issues the same day that said the City can't do any building on the land for 30 days.

Here's a reflective post written on the HCBP blog yesterday:

This morning we packed up camp and, with mixed feelings, left the beautiful place that had been our home for the last 19 days. It has been a really amazing experience for us. Much digesting, debriefing, and continue scheming awaits. Again, we offer such huge thanks to everyone who has participated and helped out in any way. Really, there are no words.

Today was a hot day, and after camp was taken down, a few of us had a special dip in the creek, saying our goodbyes and humble gratitudes to this sacred place. The blue heron circled around the meadows as we hung around the front gate, and as much as we will miss this place, it feels great to give the heron it’s home back. The huge 4-lane road Drexler bulldozed looks green again, as new grasses and plants, particularly coltsfoot, reclaim the meadow.

A very special thing happened yesterday morning, that re-affirms for many of us just who we have on our side. Soon after we had got the call from our lawyer about the injunction decision, we gathered around the morning fire where breakfast was being made, to discuss next steps. We had mixed feelings, a tentative joy, a wary excitement, a bizarre situation in general. At the very least it was clear to us that this land is much closer to being kept wild than if we had done nothing.

As we gathered in a circle, a pack of 16 or 17 turkey vultures came from the forest and circled overhead. It was the first time they had been seen in such numbers, and the first time they had joined us overhead in such a way. At that moment, near the end of this particular stage in this struggle, we all fell silent and looked up, as the group of them circled above us. This was not the first time a significant flock of turkey vultures has appeared at a particularly profound time to show support to some of the people in this circle. For many of us it was a wonderful affirmation, a clear message of thanks and solidarity from the other species who we share this land with. That feeling will carry us for a long time.

Besides that, we also had a press conference on the land yesterday, where five of the land defenders spoke with various forms of media and other supporters and participants. The backdrop was the two row wampum flag, the mohawk unity flag, and a black and green flag, all signifying various elements of what has inspired us and some of the underlying principles our lives are based on. We attempted to explain that this land occupation is about way more than the Jefferson Salamander, and way more than just opposing one development. When we get full video or audio of this, well link to it.

They ended by saying to stay tuned for more news and events coming up. It'll be interesting to see what happens now that the process is moving back to the power players like the City and the Ministry of Natural Resources. Whatever happens though, I think the protesters have a lot to be proud of, it's proof positive that small groups can still make a difference through dedication and savvy.

City Spins

Here's the two cents on Justice Gray's decision concerning the HCBP occupation as of one hour ago.

GUELPH, ON, August 13, 2009 – Superior Court Justice Gray has issued his decision regarding two motions heard earlier this week regarding Guelph’s Hanlon Creek Business Park.

The City was successful in obtaining an injunction to keep people from trespassing and interfering with construction activities in relation to the Phase 1 lands. The Sheriff, as agent of the court, will be responsible for upholding the court order through the Guelph Police Department.

The Court also agreed with the City that the Ministry of Natural Resources has sole authority under the Endangered Species Act, including the authority to issue a stop work order, and has allowed the Minister of Natural Resources up to 30 days within which to consider the matter. During that time the Tributary "A" culvert and crossing works will be suspended. At the expiry of 30 days (or sooner if the Minister signifies in writing that she does not intend to issue an order under the Endangered Species Act, 2007 or if she issues such an order), the Court's order respecting further work on the lands will terminate.

In the meantime, the City of Guelph continues to work with the Ministry of Natural Resources. "We're pleased with Justice Gray's decision," says Guelph's mayor Karen Farbridge. "It sets the stage for more constructive dialogue with MNR in the coming month and beyond."

Guelph’s Chief Administrative Officer Hans Loewig shares Mayor Farbridge’s satisfaction with today's decision. “The City continues to take all of its responsibilities on this matter very seriously so we’re eager to continue our work with MNR to ensure potential impacts to the site are mitigated.”

...Only this time, David won!

As of yet I have not seen anything on the official lines, but this came through my Facebook message inbox from the group "Save Our Old Growth Forest" not 15 minutes ago.

[The] judge has made his decision, and has decided to grant BOTH injunctions!

what this means, is that the cities injunction for removal of protesters has been granted BUT because the defendants (us) filed an injunction against the city to stop work, this injunction has ALSO BEEN GRANTED.

MEANING that work at the HCBP cannot continue for 30 Days! 30 days ahead brings us to September 13, just two days before the city's deadline to have work completed. It has set this deadline in order to comply with restrictions around fisheries and habitat protection.

so it would seem that we beat them at their own game! We are just now waiting to hear how long we will have to clear the site, but will keep things updated on fb and on the website.

THANKS TO EVERYONE!!! and please stay tuned.... :)

(Hooray!)

Whoa. Needless to say that this situation has surpassed all expectations. I sure the City is preparing its response, and I'm sure the HCBP occupation group will have more to say once the news sinks in. And once I hear anything more I'll post straight away, but indeed, a huge victory for the grassroots greens, and dare I say, precedent setting.

Protesters Win Again!?!

The improbable story of the Hanlon Creek Business Park occupation seems to be continuing unabated with another court victory under the hat of the occupiers that took over the lands of the Hanlon Creek Business Park to stop construction over two weeks ago. In court Monday, a provincial judge reserved his decision to grant the City's injunction until his written decision is delivered to attorneys on both sides at the end of this week. Justice Douglas Gray also upheld the conditions put down by Justice Bonnie Wein in last week's decision, but now protesters have to allow the city to do additional repair work such as removing log barriers and filling in trenches dug by the protesters, obstructing vehicles from entering the site.

Basically it came down to our old friend Jefferson Salamander. Amongst the evidence presented was a correspondence from the Ministry of Natural Resources from May and July that recommending the City not proceed with construction until further examination was done for the presence of the Jefferson salamander’s habitat following the discovery of a hybrid salamander on the site in April. Ian Hagman, Guelph district manager for the Ministry of Natural Resources, as a witness for the city testified that no legal action was taken to stop the city from doing construction on the site. Without knowing the exact spot of the salamander's habitat, the Ministry's hands were tied. Friday, HCBP protesters through their attorney filed their own montion of injunction against the city claiming that their environmental assessments weren't extensive enough.

In response to yesterday's rulings, and allegations that in the ruch to build the park that the city mat not have done their due diligence, the city posted this note on its website today:

A hearing at the Superior Court was held yesterday regarding the City of Guelph's motion for an injunction to end the occupation of the Hanlon Creek Business Park lands by protesters, and the protesters' motion to enjoin the City from continuing construction. The Court reserved its decision on both matters. The presiding judge indicated that a decision may be rendered by this Friday.

The City has worked diligently with the Ontario Ministry of Natural Resources (MNR) to take precautions and mitigate potential impacts to any potential Jefferson Salamander and/or its habitat on the Hanlon Creek Business Park site.

In advance of yesterday's injunction hearing, in response to a July 31 letter from the MNR to the City, both organizations collaboratively established a process to mitigate any potential impacts of the City's current work on the site - construction of what is know as Culvert A. Those discussions continued this morning and are ongoing.

Five action items are the outcome of an August 5 meeting between City officials and the MNR. They are recorded in meeting minutes submitted during yesterday’s proceedings. Among them is acknowledgment on the part of MNR that the culvert construction does not contravene the Endangered Species Act (ESA 2007) or any existing legislation. The MNR agreed that the City could recommence and complete the construction of Culvert A, as the work will be undertaken with due diligence and supervision consistent with the objectives of the Endangered Species Act.

Regardless of the outcome of the injunction process, the City of Guelph remains committed to determining the extent and location of potential Jefferson Salamander and/or its habitat in the Hanlon Creek Business Park.

The City further maintains that the Hanlon Creek Business Park is a crucial component of Guelph’s future. The Park is intended to provide 10,000 to 12,000 new jobs, and is part of the City’s plan to accommodate 32,400 new jobs by 2031 without sprawling beyond the city’s boundaries.

"A strong tax base and jobs are necessary parts of building a secure and prosperous future for the citizens of Guelph,” says Guelph’s mayor Karen Farbridge. “The City is committed to building a better future, but we are becoming increasingly concerned about our ability to do so."

Environmental protection, enhancement and monitoring measures for the Hanlon Creek Business Park exceed that of any other development in Guelph’s history because of the City's active involvement in the project. The City of Guelph has successfully partnered with two private sector developers to achieve this high level of protection of natural heritage lands, including preservation of the old growth forest.

From the HCBP Occupation Blog:

Today was another interesting day. Another packed courtroom of a diversity of supporters, and a long day in court. At the end of it the judge clearly didn’t know what to do. The lawyer for the 5 remaining named defendants presented evidence about how the City of Guelph has been blatantly ignoring serious concerns of the Ministry of Natural Resources (MNR), and even though the MNR is not legally binding in this situation, the fact that a self-proclaimed ‘green’ city council and mayor have been ignoring the MNR’s concerns is pretty obscene. To top it off, the City, Mayor and all, have been saying as recent as a few days ago that the “At all stages of the project, the City will continue to work with the Ministry of Natural Resources, exercise all due diligence and conduct ongoing monitoring.”

So to clarify we called to the stand Ian Hagman, District Manager of the MNR here in Guelph, and he confirmed what they have been saying in letters all along – that the MNR’s position is that the City should never have started this construction, nor should the construction continue.

Based on this obvious inconsistency, the judge has taken a few days to think about his position. We will be notified by writing any day this week, or next week, or his decision on the injunctions today.

With another moral and judicial victory for the protesters, the city's carrying a lot of egg on their face, especially since they were the ones that brought about the injunction in the first place. It'll be interesting to see how Justice Gray rules this Friday.