ALC "no" to Garden City
Nelson Bennett and Alan Campbell
Richmond News
Friday, February 13, 2009
The Agricultural Land Commission has said no, for the third time, to an application to withdraw the Garden City lands from the Agricultural Land Reserve.
"I'm very pleased with this decision and basically this is the third time the ALC has said this land should not be developed and that should be the end of it," said Coun. Harold Steves, city council's most ardent opponent of the deal.
In March 2005, the city, Musqueam First Nation and Ottawa, through its land development arm, the Canada Lands Company, announced a deal to share the 55-hectare piece of surplus land. Under the deal, which hinged on the land coming out of the ALR, the city would get half for parks and public amenities. The rest would be developed by CLC, with the Musqueam getting a sizeable chunk of the profits for economic development.
At a six-day public hearing last year, experts hired by the CLC insisted the land is not viable for farming. The ALC disagrees. In a written decision made public Friday, it concluded: "The land under application has agricultural capability and is appropriately designated as ALR."
It also ruled the application to be "inconsistent with the objective of the Agricultural Land Commission Act to preserve agricultural land." Even if the land is viable for farming, one of the co-owners - the Musqueam First Nation - said it had no interest in farming the land.
"Those lands will never be farmed," Musqueam Chief Ernie Campbell vowed at the hearing last year. Reached for comment Friday, Campbell told the News he was disappointed with the ALC's decision, but said he has not given up the idea that the Musqueam and city can still work out a deal.
But in addition to the ALC's rejection of the application, there has been a change in attitude on city council. The majority of councillors most recently voted against extending a deadline to conclude a purchase agreement - a signal that the majority of council no longer supports the deal, as it was written in 2005.
Indeed, it was a vote that signaled, to Mayor Malcolm Brodie at least, the end of the current agreement.
Brodie said Friday the ALC's decision was what he very much expected following council's change of stance.
"I'm not at all surprised, but I am disappointed," he said.
"I believed this would be the outcome after we considered the report in December and voted against enhancing the package.
"By not implementing supportive measures I believe the fate was sealed there and then."
With the purchase agreement now officially dead, Brodie said he hopes all parties will get together and renegotiate a deal which "benefits the city."
"Whether that means obtaining more of the land than first hoped for remains to be seen," he added. However, even Steves thinks some kind of new deal might be worked out, although he believes that, whatever it is, the land has to stay in the ALR.
"I hope that the City of Richmond and the consortium get back around the table and sort something out," he said. "And I hope the CLC now realize that after three times the land is not going to come out of the ALR."
The 55-hectare (136 acres) of land is currently jointly owned by the CLC and Musqueam. Should the two parties fail to negotiate something new with the city, Campbell said there could be ways around the ALR designation, which limits land uses to agriculture.
"I don't know that it's locked in the ALR," he said. "There's other avenues. There's political routes to take, and also legal routes, so we'll have to look at all our options."
Political routes could include direct negotiations with the province, which has shown a willingness to overrule the ALC in order to settle native land claims, as was done in Tsawwassen. During the recent municipal election, Richmond First candidates suggested the city might buy out the Musqueam's 50 per cent share of the land and then negotiate with Ottawa to somehow have the other half repatriated to the federal government.
"That's not even on the radar screen right at this time," Campbell said of the offer to buy his people out. "Of course, like anything, if the price is right you just never know, but I doubt it."
Jim Wright, of the Save Garden City movement, said the decision was a "big step in the right direction."
"Our goal is to keep Garden City lands green for the community benefit," Wright said.
"I wasn't surprised by the decision as I was always confident, but I didn't want to be too presumptuous.
"But after council voted in December not to extend the deadline and not to enhance the package for the ALC, in effect it was over."
source:
http://www2.canada.com/richmondnews/news/story.html?id=93457cd7-db32-4436-bc95-06b507a1092f