Marr-Phillipo owner wants Ancaster Coun. Lloyd Ferguson removed from further development discussions

Wilson St. Ancaster Inc., the owner of the property where the historic Marr-Phillipo House is located, is alleging that Coun. Lloyd Ferguson disclosed confidential information from a meeting that took place between them.

Now, the owner wants council to remove the veteran councillor from any further involvement in the application.

However, Ferguson is dismissing the accusation, calling the May 6 letter nothing more than an attempt to bully" him for opposing the development.

In the letter sent to the city, but not addressed by councillors at its May 13 meeting, Patrick Harrington, of the law firm Aird & Berlis, states that Ferguson provided to the May 3 planning committee information that had been identified by the owners as confidential during a private April 28 meeting.

The meeting involved the councillor, staff and the owners and reportedly focused on a planning proposal for the Wilson Street property.

In addition, Harrington states that Ferguson purported to shame our client for not agreeing to resolve its application."

Councillors supported the planning committee's decision at its May 11 meeting to oppose the eight-storey, 169-unit development at 392, 398, 400, 402, 406 and 412 Wilson St. E. and 15 Lorne Ave.

The application includes over 300 surface and underground parking spaces, and 1,677 square metres of commercial space.

Planning staff, in a report, state the application failed to meet at least eight conditions under the Ancaster Wilson Street Secondary Plan and Urban Hamilton Official Plan, including height, residential density, privacy and massing.

Ferguson said at the May 3 planning committee that during the private meeting, the owner suggested reducing the eight-storey building down to seven storeys, which he refused to accept.

Councillor Ferguson's comments and actions on May 3 (planning committee meeting) should be taken very seriously by City Council," states the letter.

Harrington said that every application to the planning department should be considered without prejudice or objection and be dealt with fairly" by the city. There is also an expectation, stated Harrington, that the application receive reasonable and open-minded treatment by local elected officials."

He stated that Ferguson's comments shattered that confidential sphere."

Harrington stated that Ferguson's comments, which were then reported by the Hamilton Spectator, were intentionally disrespectful to our client and to the City's development application process."

When Ferguson first saw the letter, I chuckled," he said.

This is nothing more than a bullying tool by the developer," said Ferguson, who wasn't concerned about the allegations the owner raised.

The owner is requesting: council remove all information referring to the private discussion that occurred with Ferguson that was disclosed in the May 3 planning committee minutes; a letter from the city confirming it will not use any information provided by Ferguson in any Ontario Land Tribunal or court hearing; that council ask Ferguson to recuse himself from any further involvement in the Wilson Street development application since the owner has no confidence in Ferguson's ability to hold the information privately; and that the councillor has closed his mind" to further attempts by the owner to resolve the issue.

Ferguson said of course the owner wants him to be removed from any discussion involving the proposal.

I will not back down. I will not be bullied," said Ferguson. The community has made it clear it is opposed to (the development) and they have told me they don't want it."

Ferguson said he will discuss with the owner a compromise, but not at eight or seven storeys.

Harrington also confirmed at the end of the letter that the owner will be appealing council's decision to reject the application to the Ontario Land Tribunal.

Ferguson said although developers seem to believe they are confident in a favourable tribunal decision, he said the tribunal also defends heritage areas. He said Wilson Street is a heritage area - Ancaster was founded in 1793.

(The tribunal) has been known to protect heritage villages and structures," said Ferguson.