Richmond Hill council mum on observatory ‘discussions’

Take action, ‘or every developer will know they can play town like a fool at the OMB’

Yorkregion.com
May 5, 2015
By Kim Zarzour

It’s a cryptic message, but it is all Richmond Hill council is prepared to say publicly at this time: “Town staff is directed to continue discussions with respect to the David Dunlap Observatory lands and buildings”.

For those who have been closely watching the twists and turns unfolding over the fate of the observatory, the motion passed by councillors at last night’s meeting was vague and disappointing.

It followed an appeal from two delegations in council chambers asking the town to do all it can to keep the observatory in public hands.

Last month, the Royal Astronomical Society of Canada-Toronto Centre (RASC) surprised many by announcing the developer has donated the cherished heritage property to the Toronto club.
According to Karen Mortfield, spokesperson for RASC, who issued the donation announcement, “the documentation has been in place for a very long time,” but declined to answer further questions.

In an email to The Liberal today, Michael Pozzebon, vice-president of DG Group (formerly known as Metrus/Corsica) confirmed that the developer and RASC “have an agreement on the buildings”.

Further details are not being publicly discussed at this time, Pozzebon added.

At Monday’s committee meeting, Toomas Karmo, a scientist formerly employed at the observatory, and Jason Cherniak, lawyer for the grassroots DDO Defenders group, made separate delegations, warning councillors that the donation of the telescope and dome building could be a breach of the minutes of settlement reached by five parties at the Ontario Municipal Board in 2012.

The donation, they said, appears to have occurred shortly after the OMB settlement was reached, despite an agreement that the town and Corsica would continue discussions regarding possible conveyance of the buildings to the town or other public agency for long-term preservation.

“My client and I urge the town to take any and all steps possible to ensure that the observatory buildings ultimately pass into the ownership of a public agency,” Cherniak said. “If the town does not take such action, then every developer in the GTA will know that the Town of Richmond Hill can be played for a fool at the OMB.”

Karmo, who has spent years and his own money fighting to preserve the landmark facilities, urged councillors to keep the discussion public.

Instead, council moved to go into closed session to “consider matters related to the receiving of advice that is subject to solicitor-client privilege”.

Councillors returned to public session several hours later and, with little debate, voted to direct staff to continue the observatory discussions.

“We owe it to the public, after considering options and legal advice” to let the public know discussions are continuing, said Mayor Dave Barrow.

Ward 1 Councillor Greg Beros was the sole dissenter. He was also the only councillor to make a public statement last week in favour of the developer’s donation.

“It’s great to know that the DDO will continue to thrive without being a drain on our limited financial resources,” he said in an email. “Corsica should be congratulated for a very wise donation decision.”

Karmo, however, said Corsica stands to benefit from the donation.

“It enables Corsica to escape, or at least to downplay, public relations consequences when RASC proves unable, over the next five or 10 or 20 years (after Corsica has completed its sales of homes?), to keep up maintenance on the key DDO heritage buildings ... and is forced to sell them to some private entity”.

An expert witness before the OMB cited ongoing collapse of the cylinder supporting the main dome, rusting of ribs in several domes and other damage due to neglect could cost an estimated $10 million to repair, he said.

An article in SkyAndTelescope.com quoted Paul Mortfield, president of the 900-member Toronto club, as saying all parties involved have been working toward this agreement since the university sold the observatory in 2009, and it plans to seek funding from foundations and private donors to augment what is currently received from attendees at observatory events.

Cherniak told council that the DDO Defenders would act as the town’s “strongest allies going forward” should the town act to enforce the OMB minutes of settlement.

“Only the town can make persuasive public interest arguments that I believe will be necessary to win in court.”