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The mystery feasibility study
Email from Jutta Mason to Capital Projects staff Katy Aminian, Mar 8, 2017
I heard that there was a DG rink house "Feasibility study" in 2015 which addresses Employee Health and Safety issues, Accessibility, Building Code etc. I would like to read that document. Is it available?
Follow-up email from Jutta Mason to Capital Projects staff Katy Aminian, Mar 10, 2017
I guess you're going away after today. Could you let me know if that Feasibility Study is publicly available? Or should I ask for it through FOI?
From Peter Didiano, March 15, 2017
Hi Jutta,
Please note that the City has a deadline to complete a couple of tasks for the members of community resource group by the end of today:
1. To Launch a project website 2. To provide a draft scope of design for the members review and input. The outcome will be shared with the public on the project website in mid-April.
Now that the web site has been launched, we will be uploading project related materials including the architectural feasibility study from which some of the information has been incorporated in the presentation to the members of CRG, and the project scope. You can expect to see that material on line within the next couple of weeks.
Thanks!
Peter Didiano Supervisor Capital Projects
April 10, 2017,3.47 p.m.
Forwarded message
From: Katy Aminian <Katy.Aminian@toronto.ca> Date: Mon, Apr 10, 2017 at 3:47 PM Subject: RE: Community Resource Group- Feasibility Study Report To: Jutta Mason <juttamason@gmail.com> Cc: Dave Nosella <Dave.Nosella@toronto.ca>, Daniel Mclaughlin <Daniel.Mclaughlin@toronto.ca>, Liz Nield <lnield@lura.ca>, Niki Angelis <nangelis@lura.ca>, Councillor Bailao <Councillor_Bailao@toronto.ca>, Peter Didiano <Peter.Didiano@toronto.ca>, Susan Bartleman <Susan.Bartleman@toronto.ca>, "Peter (Park) White" <Peter.White@toronto.ca>, Matthew Cutler <Matthew.Cutler@toronto.ca>
Hello Jutta,
We would like to follow up with you regarding the availability of the feasibility study report. Last month, we indicated that the report would be uploaded to the project website along with other project-related materials; however, we have recently been notified by the Purchasing and Material Management Division that some documents that are used in the development of a RFP (Request for Proposal) Call, including this feasibility study report cannot be shared with the public and are “blacked out” so not to contravene with the integrity of RFP Call process. As soon as the blackout period on these materials is lifted, the report can be shared publically. We do apologize for the inconvenience. We will inform the CRG members regarding this blackout period, and will update the website shortly.
The minutes of the first CRG meeting will be shortly uploaded to the project website.
Best Regards,
Katy Aminian,
Senior Project Coordinator, MArch, OAA Intern Architect, City Of Toronto, Parks Development & Capital Projects, Parks, Forestry & Recreation, Metro Hall, 55 John Street, 24th floor, Toronto, ON., M5V 3C6. Tel: 416-397-4084
April 10, 2017: Freedom of Information Request
Please send me an electronic copy of a city "feasibility study" about renovating or replacing structures in the northwest corner of Dufferin Grove Park.
NOTE: I tried to get access to this study 6 weeks ago and was told it was going online soon. But then today I received this email:
"Last month, we indicated that the report would be uploaded to the project website along with other project-related materials; however, we have recently been notified by the Purchasing and Material Management Division that some documents that are used in the development of a RFP (Request for Proposal) Call, including this feasibility study report cannot be shared with the public and are “blacked out” so not to contravene with the integrity of RFP Call process. As soon as the blackout period on these materials is lifted, the report can be shared publically. We do apologize for the inconvenience. We will inform the CRG members regarding this blackout period, and will update the website shortly."
Please let me know as soon as possible if this feasibility study is in fact protected for privacy or economic considerations. Such a statement from Corporate Access would then open the way to an appeal of broad public interest, to the province's FIPPA commissioner.
Response from Corporate Access, City of Toronto, May 5, 2017
Access request #2017-00770 You have requested access to a copy of the feasibility study pertaining to renovating r replacing structures in the northwest corner of Dufferin Grove Park....
Access is denied in full pursuant to section 15 of the MFIPPA. Section 15(b) a head may refuse to disclose a record if, the record will be published by an institution within ninety days after the request is made or within such further period of time as may be necessary for printing or translating the material for the purpose of printing it,
We will send you a copy of the report when it is made public.
May 19, 2017, email to Denise Stuckless of Corporate Access
I received the "access denied" decision about the Dufferin Grove Park Northwest Corner Feasibility study. I have a follow-up question (in red below).
Section 15 seems to suggest that I would receive a copy of the study 90 days from the time of my application unless extra time is needed for the study to be printed or translated.
At a May 17 meeting of a joint city/citizen committee about the proposed capital project connected with this study, there was considerable discussion about whether an RFP was even the right vehicle for the next step in addressing this project. I was there as an interested non-participant observer, not a member of the committee. Questions were raised by citizens about when they would get to see the feasibility study. They were told that the blackout could not be lifted until the RFP was released. But city staff said they would now go back to their colleagues and consider whether there ought to be a different kind of consultant hired, not through an RFP, but that this might slow down the process.
Question: Do I still get a copy of the Feasibility study within 90 days of my April 10 request (i.e. around June 10) or does Section 15(b) mean access is postponed until 90 days from when the city eventually decides in what form they will release their request for consultants?
May 19, 2017 FOI request to City of Toronto
Please send me an electronic copy of all existing the State of Good Repair (SOGR) reports concerning the Dufferin Grove Park rink house and rink and any other structures in the northwest corner of the park.
An area resident requested this report or reports from Capital Projects staff but was told that since it has now been appended to another “blacked out” report (Feasibility Study) about that area of Dufferin Grove Park, the SOGR report(S), presumably publicly available, are now “blacked out” as well. If my access is denied through FOI, please let me know if that is also through the broad portal of Section 15(B).
June 5, 2017
Message from Corporate Access: "I have been advised by Parks that the study will be post to the project website in the next week."