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Mon

07

Sep

2009

Langford Interchange Monies "Postponed" Indefinitely
written by Zoe Blunt
Langford Interchange payment "postponed" indefinitely
by Zoe Blunt
A crucial piece of information regarding the Langford interchange funding controversy came to light Friday afternoon. Langford city staff confirmed Friday, September 4th that Len Barrie's company, LGB9, has failed to repay $4.79 million, his share of the $9.8 million that the city borrowed on behalf of developers to build the Spencer Road interchange (formerly the Bear Mountain Interchange.)
 
A big proponent of the interchange, Langford Mayor Stew Young

Barrie, the owner of Bear Mountain Resort, was questioned recently about diverting up to $25.8 million from the resort to the Tampa Bay Lightning hockey team and to his own companies. Barrie denies the allegations but may face an investigation.

The original terms of the Langford Interchange loan called for Barrie's company to hand over the $4.79 million repayment on March 2, 2009, "or such other date as may be mutually agreed to by LGB9 and the City." No new repayment date has been set, according to city engineer John Manson, who spoke to Zoe Blunt of the Vancouver Island Community Forest Action Network on Friday.

Coincidentally, March 2 is the day that Rob Buchan suddenly left his long-time position as Langford's clerk-administrator, for reasons that are still unclear.

Ten days later, on March 12, Langford called a special meeting of council and voted unanimously to apply for Building Canada infrastructure funds for the interchange. The mayor and council gave no explanation for the application and no public participation was allowed. The applications may include up to $32 million in federal grants2 to complete what Langford calls "phase two" of the Spencer Interchange and the road connecting the highway to Bear Mountain Resort.

At the end of June, work ceased at the interchange site, which remains half-finished and empty. Manson said the city has spent over $14 million on the project in total, with funds coming from development cost charges and other sources, including the city's line of credit with TD Bank.

Several rather unconvincing explanations for the stoppage have been offered by staff, but so far, no one has mentioned Len Barrie's missed payment. Langford's mayor, Stew Young, and its councillors have been conspicuously silent on the interchange issue.

Conflict over the interchange funding dates back to December 2007, when Langford Council voted at a special meeting to authorize up to $25 million in loans that developers, including Barrie, agreed to pay back. 3

Local residents immediately mounted a counter-petition to bring the issue to a referendum. 4 Even though they gathered more than 2200 signatures, the referendum was rejected on the basis that the project would be "100% funded by developers," according to Stew Young. 5

Shortly after, the Municipal Finance Authority declined to provide favourable terms for the loan, citing its "non-traditional" nature. 6 The city then pursued funding from TD Bank.

Now, concerned residents are looking for ways to compel full disclosure from Langford on the financing of the interchange. Questions about the city's 2009 budget are causing unease as well. Included is $50 million – over 60% of the total budget – in grants that may not be awarded. 7

 
 
Notes:

1. Staff report to council, August 18, 2008:

1. In this Agreement,

(a) "Local Area Service Petition" means the petition for the Spencer Road Interchange Project, the sufficiency and validity of which was certified by the City's Corporate Officer on December 27, 2007,

(b) "Payment Date' means March 2, 2009 or such other date as may be mutually agreed to by LGB9 and the City, and

(c) "Project" means the Spencer Road interchange project and defined as the "Project' in the Spencer Road Interchange Construction Management Agreement entered into concurrently by LGB9 and the City.

Payment Obligations

2. LGB9 shall pay to the City in respect of each of the parcels shown in column 2 of Schedule A the amount shown for that parcel in column 3 of Schedule A.

Timing of Payment

3. LGB9 shall pay to the City the amount required under section 2 of this Agreement on the Payment Date.

Form of Payment

4. Payments required to be made to the City under this Agreement shall be made by LGB9 providing to the City on the Payment Date the following:

(a) cash in the amount required under section 2; or

(b) a clean, irrevocable letter of credit in the amount required under section 2,

(i) that is issued by a Canadian Chartered Bank or Credit Union having a branch office in the City of Langford,

(ii) that has a term of at least 1 year, and

(iii) that is in a form acceptable to the City's Director of Finance.


Schedule A

Column I Column 2 Column 3

Owner Parcel Required Payment

LGB9 Development Corporation 009-853-081             $148,335.80

LGB9 Development Corporation 009-853-103             $192,247.49

LGB9 Development Corporation 009-858-636             $342,725.33

LGB9 Development Corporation 009-858-652             $2,085,269.40

LGB9 Development Corporation 026-228-203             $84,074.81

LGB9 Development Corporation 026-228-211             $129,057.51

LGB9 Development Corporation 026-632-209             $129,593.01

LGB9 Development Corporation 026-886-472             $41,234.14

LGB9 Development Corporation 027-055-680             $115,134.29

LGB9 Development Corporation 026-952-076             $73,364.64

LGB9 Development Corporation 025-838-563             $1,097,256.55

LGB9 Development Corporation 026-867-494             $29,988.47

LGB9 Development Corporation 025-695-126             $328,802.11

Total             $4,797,083.54


2. As reported in the Times-Colonist. "Spencer Bridge to Nowhere," Sept. 5, 2009.

3. "Interchange loan riles Langford citizen group," Rick Stiebel, Goldstream Gazette, January 11, 2008.

4. "Interchange loan riles Langford citizen group."

5. "Spencer interchange battle heats up," Rick Stiebel, Goldstream Gazette, November 09, 2007.

6. "Loan plan for interchange abandoned," Bill Cleverley, Times Colonist, March 13, 2008.

7. "Various and sundry meetings," InsideLangford.ca, posted May 10, 2009. http://insidelangford.ca/2009/05/10/various-and-sundry-meetings/

See also: "Langford's Fudge-it Budget," WTF Langford?, posted May 2009. http://wtflangford.blogspot.com/2009/05/langfords-fudge-it-budget.html
 
 
Media release - September 8, 2009
Contact Zoe Blunt by email - zoeblunt@gmail.com
(phone is out of service temporarily)
 

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