Saving the Donald- History of the Endeavour

This record of events is detailed here to account to the public for what happened to the public\s investment and interest in the Donald Chemical Distribution Building and which events were based on promises and agreements, and which investment accounted for approx. $97000.00 dollars in cash with a similar value in inkind donations of time. 

The building known as the Donald Chemical Distribution Building, is the last remaining building from the larger Standard Chemical Company Plant, in Donald, Ontario. In its heyday the “Chemical” as it has become known, was the largest iron coke plant in North America and later was a significant manufacturer of wood alcohol that was distributed across the continent. The building is an important historical building in Haliburton County, and with significance across North America; its story is inextricably linked to the settlement history of the Highlands, but also of Canada. Too, it was owned by a Titanic survivor whose establishment in Donald became part of one of the larger chemical companies in the world. Also, the construction of the building is very unique: It is an engineering marvel; a reinforced concrete industrial building with a copula and chain reinforced roof, three types of rebar made in Oneida, bricks of flint from Fenelon Falls, Concrete made on sand with local sand, no welding, and a heavy roof to support lateral and freestanding columns.

The building was left to deteriorate over the course of many years by its owner Mr. Jim O’Connor and was further taken for tax sale by Dysart et al in 2009. Therefore, by 2009/2010 (prior to the commencement of the Donald Eco-Innovation Centre Cooperative Project/Building Between) major portions of the building’s roof were leaking and collapsing. This was causing spalling and rapid deterioration of the building’s superstructure- the lateral columns. Also, the interior of the building included two levels and the second floor was degraded to such a degree that it was unsafe to occupy the building. Also, and before the onset of the project, the lot was zoned as “Residential”. The owner had attempted to rezone the property previously without success, before letting it go for tax sale. At that time in 2007 and 2008 Mr. O’Connor knowing Leora Berman through mutual acquaintances, approached her complaining about the loss of the building to tax sale. Ms. Berman told Mr. O’Connor of the significance of the building to Canadian history and indicated that if he was willing to donate the building to a public trust/for the public good, while he wished to keep the lands surrounding the building for his own benefit, that she would assist him in reclaiming the building and also in rezoning the property. 

(NOTE: prior to commencing this project, the building received a certificate from the Ministry of Energy and Environment, assuring that the the building and grounds were considered environmentally safe. ) 

In 2010, Mr. O’Connor agreed to the proposal to recover the building and lot and donate the building. Leora Berman – through her role as Project Coordinator/Consultant for the Haliburton Highlands Outdoors Association (a signing member of the Collaborative) but also as Program Manager for the Land Between (a minor partner in this venture at this time) acting without seeking remuneration- launched a vision to reclaim and re-purpose the building for public use and benefit. She gathered 4 organizations and charities under a Collaborative agreement. The organization were the Architectural Conservancy of Ontario, the Canadian Industrial Heritage Centre, Haliburton Stewardship Council, and Haliburton Highlands Outdoors Association. At this time, The Land Between was only a program and not a registered corporate entity, and therefore, while The Land Between Program signed on to the Collaborative, it did not have a major role. Leora had approached the former owner, Mr. O’Connor, who had previously indicated his discomfort with having lost the building to tax sale. Mr. O’Connor agreed that, if Leora could renegotiate a re-purchase of the building and land, he would essentially donate the building through providing a lifetime lease of the building to a Cooperative entity that would be formed by the Collaborative of charities (See the agreement he signed: Jim O DIC BB MOU July 2010). He further indicated that he only wished to to pursue his financial interests to recover the value of his original investment in the property only in the surrounding 4 acres of land to be used for storage units (see media releases below), and that he could not donate the building outright because the land parcel was too small to sever. Therefore the agreement for a lifetime lease would represent a form of an easement. Therefore, under Leora’s leadership, negotiations with the municipality commenced and, because Mr. O’Connor agreed to provide the building to the public trust and divest his interest, the municipality agreed to the purchase for the sum of unpaid taxes of approximately $7000.00, and further to receive a rezoning application. Leora and Mr. O’Connor further promised to respect the culture of the community and therefore to ensure that no excess noise, no excess traffic, and no night lighting would result from the re-purposing of the building, and therefore plans were made and communicated, to only have the desired reuse of a construction marketing centre operate from Thursday to Saturday and only during summer months.

BASED ON THE AFOREMENTIONED PUBLIC PROMISES, BOTH THE REPURCHASE AND THE REZONING APPLICATION WERE GRANTED (see letters Dysart et al) . 

The owner was then given a minor role as “Project Manager” by the Collaborative of charities. The purpose of this role was primarily to give him a sum that would offset his tax payments until the building was transferred to the Cooperative. While the role was not bound in any official capacity; no legal agreements, funding applications, or even contracts, it was made clear that it was limited as it would not exceed, in duties or expectations, what would warrant a remuneration of more than $2000.00 annually, as the sum of annual property taxes. Therefore the role was mainly to maintain the grounds. Furthermore, only $3000.00 from 2010 to 2015 was provided to Mr. O’Connor. See media releases below. In 2015, The Land Between, which had become an registered charity in 2012, and after being given authority by the Collaborative passed a resolution to oversee the project and embody the Cooperative, and acting in good faith that they would receive a lifetime lease, then provided a total sum of $16,000.00 (which represented $2000.00 a year from 2010 to 2018) to the owner. Payments discontinued when it became clear that any form of leasehold was not forthcoming and more, that the publicly promised plans and the subsequent provisions of funds were unlikely to be honoured.  

It is important to note that from the start, after the structural assessment, EXPERTS INDICATED THAT, ONCE THE ROOF WAS REPAIRED AND THE SITE LEVELED, THAT THE BUILDING WOULD BE AMPLY STABLE AND FURTHER THAT LESS INTERFERENCE WITH THE BUILDING’S STRUCTURE WAS PREFERABLE AND STRONGLY RECOMMENDED (see Donald Industrial Plant structural review).

PROJECT ACCOMPLISHMENTS 2010-2013: Starting in 2010, with the MOU leasehold agreement in hand the Collaborative charities under the administration of the Haliburton Highlands Outdoors Association, and leadership of Leora Berman, formed a Cooperative with Leora Berman as Chair and Coordinator. (Leora, still and throughout this project as Coordinator was acting in a volunteer capacity as she donated any and all fees/remuneration, totaling $7000.00 back to the project). In three short years, the Collaborative saved and secured the building from further deterioration, including accomplishing the following :

  1. Consultation with all neighbouring residents, addressing all concerns on file, and a final proposal to the municipality to include for the building: limited operations to 3 days per week and only during the construction season/summer months, limited outdoor lighting, end-use with low to no noise and low traffic, and the outdoor , storage units to adhere to the aesthetic of the building. And therefore the successful re-zoning of the property to Commercial Exception (which accommodated the public cooperative venture within the building allowed the onsite storage units for the owner).
  2. Completed structural assessment to identify needs and priorities to stabilize the building.
  3. Conducted Historical assessment
  4. Secured funds through Ontario Trillium Foundation and Haliburton Development Corporation in addition to local donations, to take immediate and all necessary actions to stabilize the building, including to conduct an engineering assessment, gut the building, provide outreach, and conduct a market study and project business plan.
  5. Conducted a Market Assessment to estimate the feasibility and viability of a better-building marketing hub as the desired use for the building, and which benefit was to third largest sector/employer in Haliburton County.
  6. Completed a Business Plan for the Cooperative which identified the means and measures required to achieve the planned benefits for the sector.
  7. Gathered and formed a Cooperative body of interest. Held inaugural meetings and identified needs of the Cooperative to move forward with a building marketing hub (including codes of conduct, complaint systems for the effort, etc)
  8. Recruited expertise and support to move the project forward including engineering. 
  9. Conducted rounds of community consultation and outreach and raised awareness to leverage public favour and interest in the project.
  10. Completed Fundamental Engineering Evaluation/Assessment to identify features that required restoration and identify the approaches and methods towards the building’s restoration (Contrary to some assumptions, the assessment did not include a concrete mix analysis, but only identification of elements, volumes, and processes towards the restoration. The Engineering team of Construction Control Inc. specifically indicated that all rust on the entire circumference of the rebar was to be removed through sandblasting, and heritage experts indicated that all original bricks needed to be preserved. However, engineer’s required the original blueprints if the building was to be restored rather than re-designed, and which was preferable to the Collaborative, Cooperative and to the engineers, and which was also necessary for a heritage designation. At this time the engineer’s were so enamored with the building that they offered to oversee all restoration without assigning fees).
  11. Restored and sealed the roof and leveled the grounds (the priority actions that were identified as required to stabilize the building for the foreseeable future)
  12. Gutted the interior to prepare for future restoration
  13. Secured the building envelop
  14. Conducted and completed a comprehensive guide/manual for better building
  15. Drafted bylaws for the Cooperative
  16. Furnished a website with better building guide and all project information

NOTE THAT ALL DELIVERABLES, LEGAL OBLIGATIONS, AND TARGETS ACCORDING TO ALL LEGAL FUNDING AGREEMENTS WERE MET SUCCESSFULLY BY THE COLLABORATIVE OF CHARITIES AND LEORA AS COORDINATOR. FURTHERMORE THAT THE PROMISES MADE TO DYSART  ET ALTO STABILIZE THE BUILDING BY 2013 WERE ALSO FULFILLED. 

See media releases and reports:

In 2013, the building was deemed stable and secure; safe to stand for another 100 years. However, it was also determined by Construction Control Inc. engineers that, in order for a true restoration of the building and which would allow for a future heritage designation, and therefore to alleviate the need to redesign the building’s construction entirely, that NO FURTHER WORK SHOULD TAKE PLACE ON THE BUILDING WITHOUT BLUEPRINTS. (see media releases above). 

In 2014, a search was initiated by the Cooperative/Collaborative lead agency: archives were searched, calls to engineering and historical societies across Ontario and in the USA were made, including to Brentagg Inc (formerly Standard Chemical Company). Finally, a widely promoted reward for the discovery of the blueprints was issued. Also, Mr. O’Connor, knowing that any works or restoration should not proceed without the blueprints, had his staff at Highland Glass conduct a search for the missing blueprints. 

See the flyer and media

In March 2015, The Land Between, now as on official charity, and with permissions from the original Collaborative partners, passed a resolution to have the “Building Between” project/the Donald Eco-Innovation Centre Cooperative under the administration of the charity and to oversee the project. In this way it was thought that the Land Between would embody the Cooperative in an official capacity. This was determined as fitting because: 

  1. The charity’s purposes include the conservation of cultural assets and the enhancement of socio-economic assets within the region and this project was a keystone in terms of cultural conservation and sustainable economic development.
  2. Leora’s role as Coordinator of the Donald Eco-Innovation Cooperative could then transition to become part of her annual work plan within the charity. NOTE: Leora’s time on the project would still be unpaid/she would donate her time- because Leora does not receive a dedicated/base salary as C.O.O. of the charity but is only compensated through her roles according to specified allocations within current grants. Therefore Leora often donates significant inkind time towards running the charity and its projects. 
  3. And because members of the original Cooperative loosely formed in 2010 were also Board members and associates of The Land Between charity.

Therefore, the resolution was passed to incubate the project and with a view that the Cooperative would eventually become an autonomous entity into the future. See: THE LAND BETWEEN MINUTES_March 9 2015 

No success was had in recovering blueprints, therefore, the informal Cooperative, under The Land Between and Leora Berman’s lead, investigated alternative avenues for the restoration and formed new relationships with University of Toronto Engineering faculty as well as pursued other heritage building experts.

On May 30 2015, one full month before the MOU necessitated a transfer to a Cooperative entity with a lifetime lease valued at $1/year, The Land Between having passed a resolution to embody the Cooperative and with permissions to represent the Collaborative paid Mr. O’Connor’s corporation $2000.00 in good faith towards providing the lifetime leasehold which he accepted.  (This was the first of six payments of $2000.00 and one transfer of concrete valued at $5000.00 made to Mr. O’Connor’s corporation and in good faith for positive outcomes of ongoing negotiations in the form of a leasehold. The payments and transfers continued totaling $17,000.00 until 2018 when it was clear no lease was forthcoming).

In July of 2015, the original agreement between the charities and the owner necessitated that a Cooperative be established and that a leasehold agreement to be provided to the Cooperative (Jim O DIC BB MOU July 2010 ). It was thought that as the The Land Between resolution enabled a Cooperative of individuals to gather and represent interest in the project, and that with the payment in May of $2000.00, that a lifetime lease was in the cards. However by the autumn of that year, no lease agreement was provided. Therefore in early 2016, when, the leasehold was still not forthcoming, Leora approached the building’s owner to inquire as to his plans. Mr. O’Connor indicated that he felt the building was now valuable and indicated a desire to sell the building. Leora then presented the case for the lifetime lease and previous investments. Therefore because he had been active in his maintenance of the grounds of the building and contributed labour and materials to securing the envelop of the building; because of the desire to find some a way forward with the leasehold; and because The Land Between charity as the Cooperative lead wanted to pursue continued advancements in the project including additional funding, the Land Between/the Cooperative attempted to accommodate Mr. O’Connor’s newly expressed desires for profit or sale, and drafted a lease/use agreement which included a buy-out option for the owner to repay the public contribution back to the charities for their original investment, and which would also take into account the value of his contributions to the project to date. The Land Between, was so convinced that Mr. O’Connor was at the table and negotiating options in good faith and therefore provided an additional $2000.00 in October and which was requested by him as sum that would again offset the taxes he would be paying, and presented to him once again as a payment for Project Management. Mr. O’Connor accepted this payment to his corporation. The owner was also notified at the time, because the arrangement was not in direct alignment with the spirit of the original agreement, that the new agreement would require legal review, and also public consultation in order to ratify. Draft new/revised agreement and  Notification to local newspapers available upon request.

IT IS IMPORTANT TO NOTE, THAT PROGRESS TO ACCESS NEW FUDING AND ADVANCE THE RESTORATION AND REPURPOSING OF THE BUILDING, WAS HALTED BECAUSE MR. O’CONNOR DID NOT PROVIDE A LIFETIME LEASE OF THE BUILDING AND BECAUSE NO NEW PARTNERSHIP AGREEMENT WAS SIGNED BETWEEN THE PARTIES. 

In 2016, new relationships were slowly building with a new team of engineers from University of Toronto due to negotiations by The Land Between/Cooperative; and as restoration to the building itself could not proceed without compromising the building’s value without blueprints and/or new engineering designs, and as the building was deemed sufficiently secure so that no further deterioration would occur, Leora Berman, focused also on making other gains that were according to the original business plan and for the sector: She pursued the making of a virtual marketing hub. The rationale was that a marketing centre could proceed and benefits be felt, at the same time that a search for a way forward for the building continued. Also, members of the virtual marketing hub could eventually occupy the building once the restoration was complete and/or could also assist in the restoration once a safe way forward was identified. Her efforts also included attempts to bolster the existing Cooperative leadership and move to formalize it by inviting additional members, including by inviting Mr. O’Connor (see letter invitation to Mr. O’Connor). With a renewed sense that the building would be in hand, and with additional cooperative support for the proposal, she made an application to the Ontario Trillium Foundation. 

See media and letters:

In 2016 and early 2017, the new agreement was yet not reviewed nor signed, and the Cooperative/charity still understanding that an agreement would be finalized and honoured provided anther cheque totaling $2000.00 on March 11 2017. Again this sum would offset taxes paid out by the owner and again the cheque was presented for Project Management. The money was accepted and the charity trusted that building’s leasehold would be forthcoming.

Later in the spring/summer of 2017, the owner determined the need to work on the building of his own accord and without providing any notice to the Collaborative charities, or The Land Between/ Cooperative, and despite the understanding that the building was stable and that engineers indicated not to touch the building without blue prints or their oversight (see prior media releases and Donald Industrial Plant structural review). The owner commenced major works on the building superstructure which included dismantling walls and columns. It was only after the entire infill walls were dismantled and the first columns were already poured, that Mr. O’Connor notified The Land Between/the Cooperative, who then asked for caution not to remove heritage features and to ensure all rust was removed and that concrete was a match. Mr. O’Connor assured the Land Between/Cooperative that he was respecting all aspects of the engineer’s and heritage expert’s advise in his “restoration” of the building. Therefore, because at that time all assurances were provided by the owner, and because, anyway the work by the owner was chiefly complete, the Cooperative conceded and allowed the owner to access a pre-paid volume of concrete representing a value of $5000.00 to repair the floor. 

The Building Officials were contacted by The Land Between to ensure the work undertaken was under a permit and they had indicated that no permit was needed for the “renovations” but that a change of use permit could not be issued without engineering, and further that this was disclosed to  Mr. O’Connor who dismissed this caution.

Later that fall, the owner then installed a private storage business in the building. In another attempt to recover the project and momentum, Leora Berman met with Mr. O’Connor and his associate. A new way forward was presented: A private-public partnership was outlined that would allow for the winter storage business, but also accommodate either the public use as per the original agreements and documents or a buy-out plan to the public trust by the individuals. At first the owner dismissed the arrangement, but then reneged and the agreement seemed amenable to the owner and his counterpart. Again, as this arrangement was not in the spirit of the original agreement, but it was still an arrangement that would honour the public investment, and because there were public comments and concerns over the storage business operating in the building, the Land Between/Cooperative through Leora Berman, notified the media to assuage the public’s concerns, and INDICATED THAT THE NEW VENTURE/AGREEMENT WOULD REQUIRE A LEGAL REVIEW BEFORE IT COULD PROCEED. (see “A look inside the building between” Haliburton Echo 2017). And again, in good faith that the public trust would be provided with a lifetime use of the building, and this time because Mr. O’Connor specifically asked for a payment within a meeting with The Land Between, a payment (the last forthcoming) was issued on February 2018, in response to a Project Management invoice, and which again corresponded to the amount of annual taxes that Mr. O’Connor paid-out for the year. 

However, in the spring of 2018, again before any new agreement was ratified or signed, it became clear that Mr. O’Connor and his partner had other desires for the building beyond simply storage, and which included an assembly hall for rent (https://charcoalhouse.ca was registered and website included the listing of the space of rent: see haliburtonstorage.com; and see emails upon request). Moreover and further in June and then July, the owner and his associate dismissed the terms of the new agreement that were presented and attempted instead to strongarm the charity and later to maneuver to have the Board of Directors of The Land Between charity dismiss Leora and support Mr. O’Connor in pursuing project funds. (emails, meeting notes and witness statements upon request). Further in a site visit to view the building and specifically the works completed by Mr. O’Connor and his associate, it also became clear that Mr. O’Connor had not respected or adhered to the expert advise when he restored the building: He did not remove all the rust on the rebar, he entirely destroyed antique bricks, and the concrete did not match in density or chemistry that of the original structure. After the charity expressed alarm and much concern over Mr. O’Connor’s conduct and the results of Mr. O’Connor’s works (having been detrimental to the heritage value, future capacity for use of the building- needing engineering approval for change of use, and that the long-term potential and integrity was compromised from rust and incompatible concrete, Mr. O’Connor then responded by restricting access to the building by the Cooperative/Land Between charity, and subsequently and publicly indicated that it was Ms. Berman who was presented with obstacles to continuing the project and therefore that he felt the need to take over the restoration (see Haliburton Echo Article). Meanwhile as the building has now suffered from removal of heritage features, and certain integrities are diminished, the original investment and long-term interests by the public sector have been undermined.

NOTE: to date, the majority of cash funds of approx. $66,000.00 towards the project came through the Haliburton Highlands Outdoors Association from provincial and federal grants. The Architectural Conservancy of Ontario has receipted more than $28,000.00 of donations towards the building’s repair. The Land Between charity has only invested $16,000.00 in cash from non-discretionary funds (and not from any donations to the charity) to the project. All Coordination and Management entirely has been uncompensated donated time from Leora Berman. All targets and deliverables under all grant agreements were met satisfactorily. 

This incredible site has provincial attention because it is one of four remaining reinforced concrete buildings in Ontario from its era. It also has unique structural and architectural features. In its heyday it was the largest iron coke plant in all of North America; it produced products that were shipped across North America; it brought hydro power to Haliburton 30 years before the rest of the province; and was the first building to use chain reinforcements in its roof and with the first concrete water tower on site. The building also has no welding in its construction. It is a marvel and was built in 1908 for $1M. It was commissioned by Richard Donald who later sold it to Mr. Peuchen, a Titanic survivor and hero in 1913. Read more about this wonder here

The vision/proposal: a re-purposed building to feature the best in stewardship, green building and local integrative builders and building solutions. And a building that can accommodate local arts, events, and even light manufacturing or workshops in manufacturing. Download the project booklet that highlights the vision and history. Eco Brochure FINAL

This project had been supported by local hands and local leaders under a cooperative: Thanks to the lead Collaborative agency of The Haliburton Highlands Outdoors Association, the many partners of the Collaborative and Cooperative including The Architectural Conservancy of Ontario, the original support of Jim O’Connor, who had agreed to donate the building’s entire use for the life of the charities as members of the Cooperative (original agreement: Jim O DIC BB MOU July 2010) and for his hours in helping to secure the building envelop from 2010 to 2014; to Leora Berman of Aquatilus Consulting and The Land Between charity, who has donated countless hours in order to raise the profile of this important building and to coordinate the project, and to the Land Between charity and board for incubating and carrying the project forward beginning in 2015.

$86,700.00 in funding leveraged plus additional donations totaling $92,190.00 were used towards the project goals which translated into the overall securement of this important heritage building. An additional $12000.00  was provided in good faith toward the negotiation of a lifetime lease, with the first payments made prior to the expiration of the original MOU in 2015. 

See project ledger to 2018 for full accounting: Eco-I-Project-budget-tracking-PL-to-July-2018

Ledger of payments by The Land Between towards the leasehold agreement available.

General Breakdown of Income and Expenses: 

  1. Ontario Trillium Foundation to Haliburton Highlands Outdoors Association: $47,700.00 Disbursed to: engineering costs; roof repair; administration; market study and communications (website etc) of which $7,000 paid to Leora Berman was donated back to the project to support the sealing of the roof
  2. RBC Securities to the Project Cooperative: Disbursed to steel for roof rebar and materials (including cedar trees for screening)
  3. Haliburton County Development Corporation to Haliburton Highlands Outdoors Association: Disbursed concrete in holding; signage, outreach and communication; roof-sealing; payments to gut the building and level grounds
  4. Municipality of Highlands East to the Cooperative: $500.00 Disbursed to Communications and websites
  5. Don Koppin Contracting: $2500.00 donation to Architectural Conservancy of Ontario: Disbursed to materials to secure envelope and sealing roof
  6. ERA Architects and local businesses to the Cooperative: $1600.00 Disbursed to roof repair and supplies
  7. Other donated supplies, materials (roof sealant), labour (concrete pouring and coordination) to Architectural Conservancy of Ontario of an additional ~$24,000.00. 
  8. The Land Between charity: $16,000.00 core reserve funds over 6 years Disbursed to offset Jim O’Connor tax payments in good faith of the donation of the building’s use according to the spirit of the original agreement

General cash disbursements:

  1. Historical Evaluation: ~$3000.00
  2. Engineering evaluation: $10,000.00
  3. Roof restoration/repair concrete and re bar: ~$27,000.00
  4. Roof sealing: $12,806.00 ($7000.00 on salaries for market study and coordination, which was re-submitted through donation for this item)
  5. Gutting and leveling/ground preparation and plantings: ~$1,250.00
  6. Securing envelope and interior concrete: $2823.00
  7. Communications, media, websites, signage: $4975.00
  8. Tax levy/grounds-site management payments to Mr. O’Connor: $16,000.00
  9. Administration fees HHOA: $4700.00 with $2500.00 reinvested to project
  10. Administration fees ACO: $1049.00
  11. Admin- banking: $430.00
  12. Floor concrete: $5000.00
  13. Meetings and outreach events: $616.00

Architectural Conservancy of Ontario receipted $27,800.00 in donations. See the letter authorizing The Land Between to negotiate and indicating the funds receipted. letter donald buildling haliburton. ACO

Other cash and in-kind donations receipted and non-receipted include: Leora Berman of $7000.00 cash; Northland Coverings and Contracting donation of $10,000 of cost of roof sealing; Construction Control donation of $1425.00 in engineering fees; Robert VanNood donation of a minimum of $2500.00 in value; John Beachlie donation of $1100.00 for labour: Don Koppin donation of labour at $2,500.00; Other significant donations of labour and supplies by Jim O’Connor, Keith Cowan, Haliburton Highlands Secondary School, Haliburton Stewardship Rangers and Randy’s Landscaping.

To find out more and how to help contact us.