Going to court against Guelph might be causing some deja vu for county officials, but Warden Chris White would rather the money be spent somewhere else.
The county has already been in a number of legal squabbles with the city and is still working on one over the Wellington Terrace payments.
But with Guelph opposed to spending millions of dollars for a new Public Health building in Guelph, and also opposing one scheduled for Orangeville, it took the Wellington Dufferin Guelph Public Health unit to court with an injunction to stop the work. That case is set for July 11.
“It’s not that big a surprise,” White said in an interview, adding the county had a lawyer monitoring the city’s actions. The city, as it tried to do with social services payments, had also attempted to work on its own with its own Public Health Unit, and drop out of alliance with the two counties.
In the case of social services, it has set up its own committee but still has to pay the bills to Wellington County, which has authority over social services for the two municipalities.
White said he would have preferred to talk with the city before going to court, but that is now unlikely.
The city made the move because it does not wish to spend millions on a new facility for Guelph, nor pay for one in Orangeville. In 1997, the three municipalities agreed that Public Health costs would be apportioned according to population.
Orangeville needs a new building, and Guelph Public Health was forced out of its building some years ago because of asbestos. It current rents space at Southgate Drive, which is off the main transportation track and largely inaccessible to citizens.
Public Health was hoping to build a $17-million building in Guelph, starting work in August, and a $5-million building in Orangeville, starting work in July.
The Guelph lease runs out at the end of 2012, and the Orangeville lease expires in March 2013.
The payment is done according to the following percentages:
– Guelph, 46%;
– Dufferin, 21%; and
– Wellington, 33%.
Guelph is opposed to Public Health being able to force the city to come up with $10-million as the city’s share of both buildings
Public Health considered such things as leasing for its offices, but a lengthy study determined that buying is probably the cheapest way because of the special needs for such things as drug storage.
Guelph expanded legal action recently against Public Health, which was initially launched in March. It is now trying to prevent any planning for the new headquarters. That issue will be heard on July 11.
The city has noted it was forced to include its partners in the legal action because they are part of any resolution.
Guelph is also seeking a second injunction, to block Wellington Dufferin Guelph Public Health’s plan to build a facility in Orangeville, because the city would be required to help pay for that one, too.
Guelph council is questioning Public Health’s ability to dictate capital costs to municipalities. The province pays 75 per cent of its operating costs, but has stated it will contribute to capital costs.
White said, “The thing about the board of health is they’ve looked at the service requirements. The folks at the table [including Guelph] agreed. It was agreed to in principle by all the councils.”
In a press release, Guelph solicitor Donna Jaques stated, “Unfortunately, the board served the city with additional court documents and is asking the court to make a final determination on the city’s claim on that date.
“As a result, the city has no choice but to seek an order adding the County of Wellington and the County of Dufferin to the litigation as they are, in the city’s opinion, necessary parties to any final resolution of the issues.”
The city is asking the court to expand its claims to include verification of the city’s right to withdraw from the Health Unit pursuant to the terms of the 1997 agreement among the city and Wellington and Dufferin Counties.
“We are committed to continuing to work with the province in the hopes of resolving this issue,” said Mayor Karen Farbridge in the press release. “In the meantime, the court process continues, and we are ensuring that all proper parties are included and all issues are before the court.”
White said all the city’s action is doing is causing problems for everyone.
“It’s difficult to try to deal with it,” he said.
“It affects staff – county staff – constantly having to spend time. It’s a real distraction.”
