Thoughts and Opinions On Today's Important Issues

Monday, October 23, 2006

Rezoning--Another Superior Wrinkle

Something I just learned today. I would have thought that the Conseil Scolaire de District du Centre-Sud-Ouest had to have the Park rezoned to build a school. I think I am right too.

According to City Administration, the Board is:
"(116) "Public Authority" means a School Board, Public Library Board, Board of Health, Board of Commissioners of Police or any other board or commission or committee or authority established or exercising, exercising any power or authority under any general or special statute of Ontario with respect to the affairs or purposes of the City of Windsor."

Once that hurdle is passed, then Administration says:

"A lot or part thereof, located in any zoning district, may be used for any of the following uses, provided that all buildings and other structures erected thereon shall be in compliance with all regulations of the zoning district in which they are located:

l. Any use of the City of Windsor;

2. Any use of a Public Authority."

So the argument goes that Conseil Scolaire de District du Centre-Sud-Ouest is a School Board and a Public Authority and so can build their school without the need to rezone.

WRONG!

I read that "The Conseil scolaire de district du Centre-Sud-Ouest, also known as CSDCSO or Ontario District School Board #58, manages the French-language schools in the central south-western region of Ontario. The area in which this school board operates covers 68,180 km² of Ontario." In other words, not just Windsor.

The high school is NOT just for Windsor but for the entire area of which Trustee M. François Gratton has responsibility: County of Essex (includes Pelee, Leamington, Kingsville, Amherstburg, LaSalle, Windsor, Tecumseh, Lakeshore, Town of Essex). We know this because M. Gratton has no loyalty to building a school only in Windsor. He said in a story in the Star: ""If there is nothing in Windsor, LaSalle has land close to Windsor."

Accordingly, Conseil Scolaire de District du Centre-Sud-Ouest does NOT meet the definition since it is not a Board that exercises any power "with respect to the affairs or purposes of the "City of Windsor" but rather to the entire county.

So if the residents lose at Council and at the OMB, then the fight returns when they try to rezone the property.

Why do we have such a mess:

" a French public school official said he feels the board was misled by city officials who suggested the site has been for sale for years....We can't wait any more. We've spent all kinds of time and money on this."

Someone better ask Administratuion what is going on! If the Trustee's charges are true, would the Board be able to sue the City for the amounts they have wasted due to incorrect information? It's getting uglier by the minute.