In my previous post, I presented the text of my "virulent" oral submission delivered to Council on November 12. I had submitted my text in advance (and changed only a few words in oral delivery). I also provided Councillors with a series of questions which they might wish to use in their debate on the Lansdowne Partnership Plan [LPP].
For your interest and entertainment, here are the questions:
-In the staff report for the Sept. 2 meeting of Council, it is noted that "The proposal also included the development of complementary commercial space, the revenue streams from which were identified as necessary to offset the operational costs of the stadium and civic centre functions." Do such offsets represent a subsidy to tenants and users of the stadium and civic centre, the principal users being the professional sports tenants? As such does this represent a subsidy to professional sports teams as forbidden in motion of Council of April 22?
- In the motions adopted at the meeting of Council of April 22, it was resolved that "the City’s contribution to the revitalization of Lansdowne Park be limited to a dollar amount to be established during the negotiations, to be based on not increasing the overall cost to the taxpayer." It is proposed that the budget allocation for capital costs in the future be increased from the present level of less than $2 million to approximately $3.8 million. Does this represent an increase in overall cost to the taxpayer?
- The staff report to the Sept. 2 meeting of Council stated "The financial due diligence carried out by the City and its consultants on the OSEG proposal has demonstrated, among other things, that the City would be receiving fair value under the Plan." Because there was an absence of competitive bidding, the usual assurance of fair value was not available. What other procedures to demonstrate fair value were employed? Are those studies available for scrutiny?
- It is proposed that Council await a review of the financial assumptions and projections of the partnership proposal. Should the Auditor General be required to prepare such a report using his office’s resources or should he be provided with resources to retain outside expertise to prepare such a report? Is Council prepared to wait until May 2010 for such a report?
- In the staff report for the Nov. 12 meeting of Council it is noted that the proposed Stage Three would involve "...construction of the retail and parking components. Subsequent to this, would be the Civic Centre and Frank Clair stadium rehabilitation...". Why does the rehabilitation of the civic centre and stadium need to await completion of the retail and parking construction?
- In view of the fact that there is no zoning or like issue which could be appealed to the Ontario Municipal Board, is there any reason that the rehabilitation of the civic centre and stadium could not be initiated immediately?
- It is proposed that the Implementation Plan include a "detailed assessment of the forecasted property tax revenues to be paid by retail and commercial development proposed by the LPP with the Municipal Property Assessment Corporation...". Will this examination reveal whether the land value under the retail development will be subject to property tax or will remain exempt from tax as City property?
- It is proposed that a termination agreement form part of the final project agreement for the LPP. Can the City terminate the process now without incurring additional cost?
- It is intended that the partners of the LPP provide "programming that suits Council’s objectives for the site". Is there at present a document setting forth Council’s objectives for the site or is this document yet to be written?
- It is indicated that a Municipal Service Corporation could be created under the provisions of the Municipal Act, 2001 and its regulation 599/06 which forbids the creation of subsidiaries. There is also reference to the Ontario Business Corporations Act and the creation of Hydro Ottawa (which clearly does have subsidiary companies). What exactly is the recommendation for creation of a corporation? Which legislation is applicable to the LLP?
- It is indicated in the staff report that the requirement for public consultation regarding the establishment of a Municipal Service Corporation has been fulfilled as part of the LPP featured in the six public consultations held in September and October. How did the prospect of an MSC feature in those consultations?
- It is proposed that shuttle services be instituted to bring patrons to events at Lansdowne from satellite parking locations. Is it envisaged that by-laws protecting the monopoly over transit service enjoyed by OC Transpo will need to be altered to allow such shuttle service?
- Parks Canada is reported as having a "willingness to work with the City to achieve Council’s objectives for the site". Has an outline of Council’s objectives for the site been conveyed to Parks Canada? Is this document available for examination?
- It is proposed that the City’s property of 59 acres adjacent to the Albion Road site of the Central Canada Exhibition Association (CCEA) be transferred to the CCEA for use as parking. Is the property to be sold or granted to the CCEA? What is the value of the property in question?
- How was it determined that the requirement of the trade and consumer show industry "...would create significant conflicts to achieving the other goals set out by Council for Lansdowne...". Which specific goals create conflicts?
- It is indicated that "...purpose built trade and consumer show facilities in most cities are usually located outside the central areas of thos cities..." How was this determined? Is there a list of cities studied to produce this statement?
- Why should the search for an alternative site for trade and consumer shows be initiated with Shenkman Corporation particularly? Are there no other landowners in Ottawa who could have property which could be used for this purpose? Why is it not intended to issue a general request for proposals?
- If no alternative site for the trade and consumer show industry is identified, does this render void the LPP and require that show space be provided at Lansdowne?
- It is proposed that the lease for the stadium be a "net net lease". What is this exactly and why is it proposed? Are similar arrangements proposed for the civic centre?
- At the public consultations held in September and October, "city staff and other subject matter experts were available to receive input from residents...". Was any report prepared about the input received at those events by staff and experts?
- In the motion of Council adopted on September 2 authorizing public consultations reference is made to "...public consultation plan included in the Lansdowne Partnership Plan". In the plan document appears the the text "The format would be a series of open houses, with the opportunity to ask questions of City staff and the private sector principals. Similar to the Official Plan Review’s ‘City Café approach, these sessions would allow for a comprehensive discussion of the proposed redevelopment...". Did the public consultations conducted in September and October follow the procedures set out in the Plan and subject to Council motion?
I will be following the debate with interest to see if any of these questions arise. If nothing else, it would be a way for a Councillor to give the impression that he/she had actually read some of the documentation.
Showing posts with label public consultation. Show all posts
Showing posts with label public consultation. Show all posts
Sunday, November 15, 2009
Wednesday, October 7, 2009
Truth squad let loose
What a pleasure it is to see Roger Greenberg writing in today's Citizen under the headline "Here's the truth about the Lansdowne plan". I guess I should commit to electrons some of my thoughts as I read his article.
Mr. Greenberg begins by writing about the public consultations which he describes as "disrupted (some say hijacked) by an orchestrated campaign of misinformation". I would suggest that the disruption was not affecting a public consultation; it was a brief interjection into a concerted sales campaign. Surely Mr. Greenberg is referring to the use of the megaphone at the event on September 29, a sales pitch for the partnership which was disturbed by calls for members of the crowd to express their views.
He then complains about the "dance of deception" and the "hoedown of hokum" at subsequent events. (This leads me to inquire if Mr. Greenberg has fallen under the evil influence of the ghost writer for the late and unlamented Vice President of the United States, Spiro Agnew, who spoke of the "nattering nabobs of negativism".)
He says some Glebe residents would like to defeat the Lansdowne Live approach in order to see the sports facilities levelled and a real park created in its place. He is right. There are such people in the Glebe. There are also people in the Glebe who want football and who see the complex proposal for the Lansdowne Partnership as unnecessarily delaying and putting into jeopardy the restoration of the stadium and civic centre. Those people are also speaking out and causing angst among the supporters of the OSEG approach.
He says that businesses in the neighbourhood fear competition and want to eliminate the threat. Yes, that is true. There are many who consider that subsidized competition is indeed a threat. The merchants who feel threatened own or rent the land under their shop; they don't get it free under a sweetheart deal. They pay property taxes on the land and on the building that houses their shop. They don't sit on city land which is exempt from tax. Their taxes go into keeping the city running not into subsidizing their landlord's other business interests. Yes, for all those reasons they fear the competition.
And probably the merchants are also a little fearful when they see that a massive rezoning of their neighbourhood is about to take place which will completely change the uses that can be placed on the land. Their fear is that the rezoning is not going to be handled according to normal and proper procedures. Why? Well, nothing else about the Lansdowne project has followed the established procedures, so there is no reason to imagine that due process will prevail in the future.
Then Mr. Greenberg is proud to announce that a mere 13.8 percent of the total surface area of Lansdowne is to be occupied by new commercial development. Of course the figure would change if we removed from the calculation the stadium and civic centre which is to be handed over to OSEG rent-free for 30 years. (Oh sorry, tiny little rents are to be paid by the football and hockey team.) We should also rule out the Aberdeen Pavilion which is to become restaurants -- somehow that is not commercial (but it is again rent-free).
If we are to do comparisons, I wonder what the ratio of buildings to total site is for a power centre like South Keys. I doubt that the buildings cover more than 40% of the total surface area (and do you include the O-Train stations or the bus facilities as part of the site?).
Mr. Greenberg acknowledges that a food store would compete with other stores selling food. I find it hard to see how this admission squares with the argument that the new retail at Lansdowne is unique. I thought the new food store would specialize in the exotic and foods not available elsewhere in Ottawa. Fresh durian and sweetsop was the sort of thing I expected.
The one aspect in which I really do agree with Mr. Greenberg (and this is truly a no-sarcasm break) is that some activity along Bank Street (small shops, cafes etc.) between Holmwood and the bridge over the canal would be desirable. It is boooooooooring to walk along that expanse of Bank Street now.
On parking Mr. Greenberg notes that there is proposed to be ample parking for the customers at the retail shops. He is right. There is also parking for the residents on site, for the office building and the hotel. Oh! We forgot there are also the restaurants in the Aberdeen Pavilion. Oh? We forgot there are also the hockey fans in the civic centre. Oh! We forgot there are also the fans in the football/soccer stadium. Too bad we made no provision for any of them to park.
The City zoning by-law contains provisions for parking. I personally think these aspects of the zoning by-law are useless, but our Council and our City planning experts do not agree. The by-law says you are to have one parking space for each four seats in a stadium and the same for an arena. With 24,000 seats in the stadium and 10,000 seats in the arena , this would indicate that 8,500 parking spaces should be available for these uses.
The Delcan report prepared for OSEG indicates that all of those parking spaces (plus any for the Aberdeen Pavilion or the Horticultural Building) are "grandfathered". I hope your grandfather lives close to Lansdowne so you can park at his house.
Mr. Greenberg indicates that the city has "developed a comprehensive transportation plan" to cope with access to the redeveloped Lansdowne Park. That sweeping statement is hard to reconcile with the much more cautious statements by the City Manager about the need for a real transportation plan to support the Partnership proposal.
But Mr. Greenberg notes that the removal of the Exhibition and the banishment of the trade and consumer show industry will eliminate all sorts of traffic. OK, point taken. But does the elimination of these demands for vehicular access justify cutting the parking on site by half while adding multiple uses which will stimulate demand for parking? (This is a debating point, I really do not want to encourage the expansion of parking, but I question the validity of Mr. Greenberg's argument.)
In the article Mr. Greenberg emphasizes that the City will continue to retain ownership of the land. He says that after 30 years the City's debenture will be largely paid off. This raises an interesting question for me. If a real estate developer has a lease for 30 years (even a lease that produces no rent), is it common to amortize the underlying financing over 40 years? After 30 years, if and when the commercial buildings revert to the City, the City is still paying down the debt for fixing up the stadium & civic centre and building the parking.
But then Mr. Greenberg (maybe inadvertently) hits us with the whopper. He says "the debenture is to be paid back from the annual funds currently allocated for maintenance at Lansdowne ($3.8 million) to continue current programming, supplemented by 75 percent of the municipal tax revenues generated by the new retail development ($3.2 million)."
Surely Mr. Greenberg you don't expect us to fall for that. Council has never adequately funded maintenance of Lansdowne. You cannot sensibly assume that they would fund it in the future -- the $3.8 million does not exist.
Anyway, what is current programming at Lansdowne? Unless this is defined, we do not know what it costs to continue it. Obviously we can let the stadium deteriorate because there is no current programming there. (You do not need thousands of seats to look down on an inflated dome in February.)
As for the idea of dedicating property tax, this is not done and should not be done. If you want to allocate property tax, why don't you reallocate the property tax on the St. Laurent shopping centre to pay down the City's debt? The tax paid will be greater and we don't have to wait for years to start getting the cash.
And I don't care if Mr. Greenberg is tired of Councillor Doucet's complaints about the cancellation of the design/develop competition. Why should the principals of OSEG care? They stated clearly that, if there was to be a competition, they would refuse to compete. I don't think that Councillor Doucet should desist; I think it is up to OSEG to explain why they ran and continue to run away from the idea of competition.
In conclusion, Mr. Greenberg protests "the bogus feedback from the meetings' hijackers". My own view is that it is Mr. Greenberg that "doth protest too much".
Mr. Greenberg begins by writing about the public consultations which he describes as "disrupted (some say hijacked) by an orchestrated campaign of misinformation". I would suggest that the disruption was not affecting a public consultation; it was a brief interjection into a concerted sales campaign. Surely Mr. Greenberg is referring to the use of the megaphone at the event on September 29, a sales pitch for the partnership which was disturbed by calls for members of the crowd to express their views.
He then complains about the "dance of deception" and the "hoedown of hokum" at subsequent events. (This leads me to inquire if Mr. Greenberg has fallen under the evil influence of the ghost writer for the late and unlamented Vice President of the United States, Spiro Agnew, who spoke of the "nattering nabobs of negativism".)
He says some Glebe residents would like to defeat the Lansdowne Live approach in order to see the sports facilities levelled and a real park created in its place. He is right. There are such people in the Glebe. There are also people in the Glebe who want football and who see the complex proposal for the Lansdowne Partnership as unnecessarily delaying and putting into jeopardy the restoration of the stadium and civic centre. Those people are also speaking out and causing angst among the supporters of the OSEG approach.
He says that businesses in the neighbourhood fear competition and want to eliminate the threat. Yes, that is true. There are many who consider that subsidized competition is indeed a threat. The merchants who feel threatened own or rent the land under their shop; they don't get it free under a sweetheart deal. They pay property taxes on the land and on the building that houses their shop. They don't sit on city land which is exempt from tax. Their taxes go into keeping the city running not into subsidizing their landlord's other business interests. Yes, for all those reasons they fear the competition.
And probably the merchants are also a little fearful when they see that a massive rezoning of their neighbourhood is about to take place which will completely change the uses that can be placed on the land. Their fear is that the rezoning is not going to be handled according to normal and proper procedures. Why? Well, nothing else about the Lansdowne project has followed the established procedures, so there is no reason to imagine that due process will prevail in the future.
Then Mr. Greenberg is proud to announce that a mere 13.8 percent of the total surface area of Lansdowne is to be occupied by new commercial development. Of course the figure would change if we removed from the calculation the stadium and civic centre which is to be handed over to OSEG rent-free for 30 years. (Oh sorry, tiny little rents are to be paid by the football and hockey team.) We should also rule out the Aberdeen Pavilion which is to become restaurants -- somehow that is not commercial (but it is again rent-free).
If we are to do comparisons, I wonder what the ratio of buildings to total site is for a power centre like South Keys. I doubt that the buildings cover more than 40% of the total surface area (and do you include the O-Train stations or the bus facilities as part of the site?).
Mr. Greenberg acknowledges that a food store would compete with other stores selling food. I find it hard to see how this admission squares with the argument that the new retail at Lansdowne is unique. I thought the new food store would specialize in the exotic and foods not available elsewhere in Ottawa. Fresh durian and sweetsop was the sort of thing I expected.
The one aspect in which I really do agree with Mr. Greenberg (and this is truly a no-sarcasm break) is that some activity along Bank Street (small shops, cafes etc.) between Holmwood and the bridge over the canal would be desirable. It is boooooooooring to walk along that expanse of Bank Street now.
On parking Mr. Greenberg notes that there is proposed to be ample parking for the customers at the retail shops. He is right. There is also parking for the residents on site, for the office building and the hotel. Oh! We forgot there are also the restaurants in the Aberdeen Pavilion. Oh? We forgot there are also the hockey fans in the civic centre. Oh! We forgot there are also the fans in the football/soccer stadium. Too bad we made no provision for any of them to park.
The City zoning by-law contains provisions for parking. I personally think these aspects of the zoning by-law are useless, but our Council and our City planning experts do not agree. The by-law says you are to have one parking space for each four seats in a stadium and the same for an arena. With 24,000 seats in the stadium and 10,000 seats in the arena , this would indicate that 8,500 parking spaces should be available for these uses.
The Delcan report prepared for OSEG indicates that all of those parking spaces (plus any for the Aberdeen Pavilion or the Horticultural Building) are "grandfathered". I hope your grandfather lives close to Lansdowne so you can park at his house.
Mr. Greenberg indicates that the city has "developed a comprehensive transportation plan" to cope with access to the redeveloped Lansdowne Park. That sweeping statement is hard to reconcile with the much more cautious statements by the City Manager about the need for a real transportation plan to support the Partnership proposal.
But Mr. Greenberg notes that the removal of the Exhibition and the banishment of the trade and consumer show industry will eliminate all sorts of traffic. OK, point taken. But does the elimination of these demands for vehicular access justify cutting the parking on site by half while adding multiple uses which will stimulate demand for parking? (This is a debating point, I really do not want to encourage the expansion of parking, but I question the validity of Mr. Greenberg's argument.)
In the article Mr. Greenberg emphasizes that the City will continue to retain ownership of the land. He says that after 30 years the City's debenture will be largely paid off. This raises an interesting question for me. If a real estate developer has a lease for 30 years (even a lease that produces no rent), is it common to amortize the underlying financing over 40 years? After 30 years, if and when the commercial buildings revert to the City, the City is still paying down the debt for fixing up the stadium & civic centre and building the parking.
But then Mr. Greenberg (maybe inadvertently) hits us with the whopper. He says "the debenture is to be paid back from the annual funds currently allocated for maintenance at Lansdowne ($3.8 million) to continue current programming, supplemented by 75 percent of the municipal tax revenues generated by the new retail development ($3.2 million)."
Surely Mr. Greenberg you don't expect us to fall for that. Council has never adequately funded maintenance of Lansdowne. You cannot sensibly assume that they would fund it in the future -- the $3.8 million does not exist.
Anyway, what is current programming at Lansdowne? Unless this is defined, we do not know what it costs to continue it. Obviously we can let the stadium deteriorate because there is no current programming there. (You do not need thousands of seats to look down on an inflated dome in February.)
As for the idea of dedicating property tax, this is not done and should not be done. If you want to allocate property tax, why don't you reallocate the property tax on the St. Laurent shopping centre to pay down the City's debt? The tax paid will be greater and we don't have to wait for years to start getting the cash.
And I don't care if Mr. Greenberg is tired of Councillor Doucet's complaints about the cancellation of the design/develop competition. Why should the principals of OSEG care? They stated clearly that, if there was to be a competition, they would refuse to compete. I don't think that Councillor Doucet should desist; I think it is up to OSEG to explain why they ran and continue to run away from the idea of competition.
In conclusion, Mr. Greenberg protests "the bogus feedback from the meetings' hijackers". My own view is that it is Mr. Greenberg that "doth protest too much".
Saturday, September 12, 2009
Any intention of listening?
It is Saturday September 12. In searching on the City of Ottawa website, there is no sign of the town hall public consultations which are supposed to start September 21. Nor is there any indication that the online forum to gather public comments has been set up.
Am I a cynic to think that the City of Ottawa and OSEG are less than enthusiastic about hearing from the public?
Am I a cynic to think that the City of Ottawa and OSEG are less than enthusiastic about hearing from the public?
Thursday, September 10, 2009
What's the rush?
Lansdowne Park has been neglected for years. Nevertheless the public of Ottawa (and Ottawa City Council) is being stampeded to quickly agree to a questionable plan for redevelopment of a valuable piece of property.
The documentation on the proposed "partnership" was made available to the public (and apparently to members of City Council) on September 2. Hundreds of pages of documentation were released. By some miracle, certain members of City Council absorbed all this material and instantly came out in support of the project as presented.
The public is supposed to have an opportunity to express its views about the proposal in town hall consultation sessions during the week of September 21 (i.e. 11 days from the moment I write this). However we have no information on where or when these town hall meetings are to occur.
The city is also planning to set up an online forum to capture views from the public. Apparently the timetable would call for that forum to wrap up by early October.
All this feverish activity (if it ever gets underway) is designed to lead to a Council Committee meeting on October 26.
It took OSEG (the proponents of this deal) from October 20,2008 to March 18, 2009 (150 days) to polish up its first proposal submitted to the City. Then it took from April 22, 2009 to September 2 (134 days) to negotiate the second version of their proposal. The negotiations which were to take 60 days took twice as long as planned.
Against this background it is hard to see why we need to rush quickly through the process of public consultations.
The documentation on the proposed "partnership" was made available to the public (and apparently to members of City Council) on September 2. Hundreds of pages of documentation were released. By some miracle, certain members of City Council absorbed all this material and instantly came out in support of the project as presented.
The public is supposed to have an opportunity to express its views about the proposal in town hall consultation sessions during the week of September 21 (i.e. 11 days from the moment I write this). However we have no information on where or when these town hall meetings are to occur.
The city is also planning to set up an online forum to capture views from the public. Apparently the timetable would call for that forum to wrap up by early October.
All this feverish activity (if it ever gets underway) is designed to lead to a Council Committee meeting on October 26.
It took OSEG (the proponents of this deal) from October 20,2008 to March 18, 2009 (150 days) to polish up its first proposal submitted to the City. Then it took from April 22, 2009 to September 2 (134 days) to negotiate the second version of their proposal. The negotiations which were to take 60 days took twice as long as planned.
Against this background it is hard to see why we need to rush quickly through the process of public consultations.
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