The DWBIA is taking it's fight to keep retail space in the Pelissier St. street parking garage to the next level.
After only one proponent came forward to take over the space, city council voted in camera on November 7th, to convert the current ground level retail space into parking.
The Downtown Windosr Business Improvement Association has since retained legal counsel.
Lawyer, Jeff Aitkens with Kirwin Partners LLP says two steps will now be taken. "File an application in the Superior Court of Justice to quash the resolution that arose from the meeting and we've also been retained to file a complaint with the Ombudsman. When this matter was brought to our attention and we reviewed the evidence to the matter, we found that the policies and procedures weren't followed," says Aitkens.
Lawer, Jeff Aitkens and DWBIA Chair, Larry Horwitz disucss the Pelissier St. parking garage, November 17, 2016 (Photo by AM800's Kristylee Varley)
Aitkens doesn't believe policies and procedures were followed in accordance with the Ontario Municipal Act and says some of what was discussed in camera was appropriate, adding "If they are dealing with a specific vendor or an identifiable person or legal or property issue then it is completely legal that they discuss that in camera. However, when the discussion morphs into a formal decision to convert an area from commercial to parking spaces then that should have been brought by the chair, into open session."
Tenants currently in the retail space have already been served eviction notices with six months to vacate.
Council had previously agreed to spend $500,000 in renovations for the garage if a landlord with a solid plan for the space comes forward.
Mayor Drew Dilkens says to abandon that retail plan and convert it to parking will cost about the same amount.
Council will hold a special meeting on November 28th to discuss the matter.