By Charlene Teed
What was supposed to be a tribute to Chinese culture in Ottawa’s Chinatown has turned into a four-year struggle and may end with what the city describes as a political embarrassment.
A Sept. 30 deadline set by Mayor Bob Chiarelli in July to resolve the dispute between Somerset Heights Business Improvement Association (BIA) and designer Edwin Lee has come and gone.
However, according to Lee,s talks have resumed to try to salvage the garden.
One suggestion is to turn the project over to the community and take the BIA out of the picture.
The project was suggested four years ago, but quickly degenerated into a tug-of-war between the BIA and Lee over copyright ownership of the plans, among other issues.
In the meantime, $90,000 for the garden was raised from 300 donors, all of which would have to be returned if the project is cancelled.
The city of Beijing agreed to donate materials for the garden, which are still waiting to be used.
“The mayor will have to contact the mayor of Beijing and explain why we can’t use their donated materials,” says Somerset Coun. Diane Holmes.
“It’s very embarrassing to Ottawa.”
Holmes says the city would have to write all the donors and explain why their money is being returned. Donors may choose to transfer it to another charity to avoid income tax problems.
“If they don’t transfer their donation to another charity they will have to go back to their income taxes from a couple years ago and pay back the tax breaks they received from giving the donation,” says Holmes.
The dispute began when the BIA wanted the copyright of Lee’s plans for the garden. This was resolved when Lee donated the garden’s design but kept the copyright.
Another problem was the BIA wanted full reign to make any changes to the design. Lee agreed to comply with any reasonable changes the BIA proposed.
“These are just excuses,” says Lee.
He adds that all the work is done, the money is raised, the city has donated the land, and the whole community supports the garden.
“The BIA has some kind of hidden agenda,” he claims.
The BIA project manager for the garden Kenneth Kwan, disagrees.
“Everything Mr. Lee says is one thing, but what is documented is another,” Kwan says. He adds that it was too difficult to work with Lee.
“It’s easier to start from scratch.”
Kwan says the BIA will not be using Lee’s plans.
“We do things a certain way, Mr. Lee does things differently.”
Kwan says the BIA is taking the lead with the mayor to build another garden.
“Our main objective is to unify Somerset Street,” he says.
Holmes says the garden was supposed to be a project that the BIA could manage.
“But it seems that the BIA and Mr. Lee cannot get along.”
The city proposed they act as a mediator between the BIA and Lee but the BIA did not agree.
The Ottawa Chapter of the Chinese Canadian National Council (CCNC) donated $1,500 to the project.
Council president Jonas Ma said he doesn’t feel the community was sufficiently kept informed.
“The business just communicates with its own members; it’s beyond a business project because the community is involved,” says Ma.
Ma says there is a formal relationship between the city and the BIA, so the city should make that relationship clear.
“They need to look at what arrangements should be made to facilitate and monitor the project,” he says.
Lee and the CCNC have sent letters to Ottawa Mayor Bob Chiarelli asking the city to help resolve this issue.
The only response they have received has been a letter stating that if the matter was not resolved by Sept. 30 the city would consider the matter closed. This is where the situation now stands.
“The community has the right to ask the city to solve the problem,” says Lee. “The city has to base it on public opinion, they should respond to the community’s letter.”
Some local business owners say the community doesn’t support the garden as much as Lee claims.
“I disagree with Lee totally, he’s out for glory and nothing else,” says Belva Neale, owner of Evangeline Flowers on Somerset Street W. “The BIA is doing the best they can under the circumstances.”
Neale says that Lee’s plans shouldn’t be submitted because of the high cost.
“I would prefer to see the garden go ahead but with a more realistic and cost effective program.”
Lee says a garden that people can use and enjoy is all he wants.
“That’s fine if they want to do their own project, I support them. They just should have told the community that four years ago.”