Province opposed to City of Guelph request in health unit fight

The following article appeared in the June 25 edition of the Guelph Mercury:

Provincial government officials appeared to have rejected the City of Guelph’s request to dissolve the local health unit shortly after the municipality asked for that.

Confidential briefing notes prepared for Ontario Premier Dalton McGuinty in advance of a visit to Guelph on May 10 assert: “The City of Guelph has voted to sever ties with the (public health unit), and has asked the Ministry of Health to dissolve the (public health unit.) We will not be undertaking this action.”

The notes were obtained by the Guelph Mercury through a request placed for them under provincial access to information legislation.

City council passed a resolution April 26 seeking to have Wellington-Dufferin-Guelph Public Health dissolved over what the municipality termed governance concerns with the organization. The move took place amid a conflict between the two public bodies over a health unit proposal to build a $17-million headquarters in Guelph – a capital project costing the city about $10 million.

The city’s resolution also sought provincial approval to develop a Guelph-only health unit.

McGuinty faced questions about the city’s request in a May 10 visit to the Guelph General Hospital and a local high school.

At the time, he said “from our perspective, dissolution is not on the table” and that his government’s responsibility is to help the two sides resolve their differences.

After making those statements, Guelph Mayor Karen Farbridge requested and received time with McGuinty to discuss the issue. That transpired on May 19 via a phone conversation.

Farbridge later termed it “a very good discussion.”

But it’s unclear if McGuinty shared the bureaucratic opinion expressed to him in his early May briefing or whether that position has changed.

McGuinty associate press secretary Leslie O’Leary issued a statement Friday that read: “During the Premier’s visits to Guelph on May 9th, 2011 and May 16th, 2011, the Premier expressed his desire for the counties, City and public health unit to find a positive way forward that works for all parties. The Premier spoke with the Mayor of Guelph on May 19th where he listened to her concerns. We are always open to hearing from our municipal partners but dissolving the public health unit is not something we are considering. The Ministry of Health will continue to monitor the situation to ensure the delivery of critical public health services is not compromised.”

Though Farbridge was unavailable Friday, city operations committee chair Ian Findlay said despite the implications of the McGuinty briefing notes, “we have given notice to the ministry (of health) that unless we get satisfaction, we would like to withdraw.” But he added such a withdrawal didn’t necessarily mean dissolution of the health agency, since it had viable partners in the two counties.

“It’s just we may not be part of it,” Findlay said.

Guelph Coun. Bob Bell said he hopes the province decides to mediate a resolution to the dispute.

He said that would resolve key questions such as when and where the headquarters would be built and who pays.

The province funds most of Wellington-Dufferin-Guelph Public Health leasing costs at a current headquarters in the Hanlon Business Park but indicates it won’t contribute to capital costs for the proposed new building off Stone Road. That appears to put the onus on municipalities who currently contribute to leasing, mainly Guelph but including Wellington and Dufferin Counties.

Wellington County Warden Chris White is among those seeking conciliation to avoids a protracted legal fight related to this dispute.

“Always in these kinds of situations, you hope there might be some negotiations between the lawyers and so forth and the various parties to see if there’s another resolution, before you start spending money and time in court,” White said. County lawyer Doug Thompson is to give county council an update on that fight next Thursday morning, likely in a closed meeting, the warden added.

Meanwhile, two related Guelph Superior Court dates are rapidly approaching.

There’s a session June 28 to amend the city’s statement of claim against the health agency to include the two counties and address the city’s desire to withdraw from the agency, city lawyer Susan Smith said Friday. The city’s also asking to add to its claim a satellite office complex the health agency wants to build in Orangeville, for which Guelph would have to contribute funds.

On July 11, court will hear a city application for a permanent injunction against health agency headquarters planning. “It freezes things until the court can hear the main action,” Smith said.

That main legal battle, for which a date hasn’t yet been set, is over whether the health agency has the authority to proceed with the project and require the city to contribute funds, she said. Those are estimated at $10 million.

On July 11, the court is also considering a health agency motion to have that main claim dismissed, Smith said.