Dear Friends of Lansdowne,
This Friday November 19th, City Council has scheduled a special meeting to discuss the Lansdowne Site Plan and the Relocation of the Horticulture Building. It plans to vote on these issues on November 24th.
Yesterday, our lawyer, Steven Shrybman sent a letter to the City questioning the timing of these decisions and today the Friends of Lansdowne issued the following press release.
***FOR IMMEDIATE RELEASE***
Friends of Lansdowne Question Legality of Lame Duck Council Vote
Today, Steven Shrybman of Sack Goldblatt Mitchell LLP gave notice to the City that Council should not make critical decisions regarding Lansdowne Park at this time.
Shrybman, who represents Friends of Lansdowne, argues that section 275 of the Municipal Act precludes the outgoing Council from making decisions on the site plan and the relocation of the Horticulture Building. "We have what is known as a 'lame duck' council" says Shrybman "a council that no longer has a democratic mandate to govern. The Municipal Act clearly states that 'lame duck' councils should not make major or costly decisions. Yet here we have a Council proposing to approve a project of at least $170 Million only 1 week before it leaves office."
City officials have stated that the Lansdowne is not subject to lame duck provisions since the costs of redevelopment were "contemplated" by Council in June. The Friends of Lansdowne counter that cost estimates are not budget approvals and that no city budget approval has been given for Lansdowne redevelopment. Furthermore, the group argues that site remediation costs (estimated at about $20 Million) have not been considered and this alone is a significant cost.
At the same time, Friends of Lansdowne point out that it is contrary to both the spirit and the letter of the law for a lame-duck council to vote on the relocation of the Horticulture Building--a decision that is both controversial and costly.
Bob Brocklebank, a member of Friends of Lansdowne, concludes: "Friends of Lansdowne has already launched a legal action contending that City Council has been breaking the rules and acting in bad faith when it comes to Lansdowne Park. This latest lame duck gambit simply proves the point".
****
There are many significant concerns with the Lansdowne Site Plan report being considered by Council on November 19th. What is more, the report to Council recommends that future stages of the site planning and design be delegated to staff and an external design review panel. That means that further details of the site's development will be decided behind closed doors with no oversight from Council and no public input. There are many such surprises in the report. (Read the city report here). If Council does not defer the session, sign up to speak at councildelegations@ottawa.ca.
Please spread the word about the Lame Duck Council issue. Contact your councillor, media and others to protest the outgoing Council's attempts to push through Lansdowne decisions. We've just elected a new Council. Let them decide.
Remember that legal work like this lame duck research is costly. If you support the work of Friends of Lansdowne, please donate to the legal challenge either online at www.letsgetitright.ca, by cheque to Friends of Lansdowne c/o Ted Lupinski CA, 137 Second Avenue, Suite 2, Ottawa, K1S 2H4 or at any TD Bank. The Friends of Lansdowne account is 3248-5207023.
And if you want to know more about the legal challenge, mark your calendar for Sunday, November 28 at 4:00 p.m. come to the Mayfair Theatre, 1074 Bank Street, to hear Steven Shrybman give the LOWDOWN ON THE LANSDOWNE LEGAL CHALLENGE. It's free so bring your friends.
