Tunnel Expansion "Postponed"

The poor Windsor Star must be red-faced.

On Friday, they published a very nice story about the Tunnel Plaza Improvement public session where Windsorites would have the opportunity to view what was going to be done at the Tunnel. Some time earlier, Eddie killed the meeting. Oh sorry, "postponed" it as the ad said in Saturday's Star

I would have thought that he would have had the decency to call up the Star the night before to suggest that they not run the story. He tells them almost everything on the border in advance doesn’t he? Oh well, an oversight. I hope the Editors do not get too mad at him since he must be pre-occupied with his skating lessons.

The meeting was designed to allow to showcase what was being proposed especially the main justification: “The expanded plaza should have enough space to accommodate the queuing traffic instead of on the streets.” Well, that problem was already solved by a change in queuing rules at the Tunnel and the 10% drop in traffic numbers since July but let’s pretend we forgot about that.

I heard that the City initially wanted to say that the meeting was cancelled so the new Tunnel Commissioners could see the project plans before the public. That ruse was so obviously not the case, that the explanation was pulled.

Let’s try and figure out what really happened. The chatter around town was that something was going on with the Tunnel, something big on the financial side. I was not sure if that meant change in ownership or management on the Detroit side or both sides or what. Given Eddie’s cancellation, it was pretty clear he was caught by surprise. I wonder who he called on the Detroit side to talk about it on Friday. The rumour mill was active on that one too.

I must admit that I wondered if the Feds knew about the rumours too given their strong reaction about a year ago with proposed Tunnel changes and the passing of Bill C-3 by the Commons and Senate. My guess was that were not in the loop either or they would never have let the proposed public meeting take place in the first place. Why would they allow Eddie to embarrass them too.

I doubt if the the Bridge Co. was involved or it would have been plastered all over the front page of the Star to try and stop anything they would try and do.

Then I got to thinking. I saw the story in the Star on Friday also about the Peace Beacon and its $603K increase or about 25% over the original cost. Then I remembered the funky Bus Terminal downtown. Wasn’t its cost over-run about 35% over original estimate? Streetscaping costs downtown had tripled I thought. The overpass on Huron Church Road was higher than expected. And the Tunnel Ventilation building---who knew what the excess costs there were!

I got this cold shiver down my spine when I remembered the $200K extra for soil problems at the land downtown for the arena exchange and recalled what Don Sadler said about contaminants at the Lear site:

• “There are no environmental issues," said Don Sadler, the city's director of parks.
  The area, which sits behind the Lear plant on Lauzon Road, was inspected for metals and other contaminants, Sadler said.”

What did Sadler say at the Peace Beacon site:

• “Every shovel full was another nightmare," said parks director Don Sadler. "There was no way of knowing without x-ray eyes the extent of everything that was in there….
  
  "Soon as we got digging down a little bit deeper to place the footings, then we ran into a tremendous problem.
  
  Sadler doesn't blame the firm hired to conduct the test because the problems could be missed when digging so deep. "At 50-foot intervals, you don't always hit every pocket."

My goodness, I hope they did not do 50-foot intervals at the arena site…BRRRR my wallet gets cold and emptier just thinking about it!

So I made a big leap. I bet that the meeting was cancelled when Eddie finally saw the real estimates for the project. One of the obvious questions that the public would ask is what would this cost since so much property is going to be expropriated and then built on. There would be tough negotiations with Burger King and the Duty Free Shop who own property there. Expropriation would cost a lot of money given the Casino expansion and the expected increase in business. And who knows what contaminants could be lurking under the soil.

The original deal signed some time ago was $30 million, $10 million for each level of government. So after almost 3 years of “study,” and their timetable for construction (2009 start) what would the cost be now I thought.

If I looked at the various projects the City has failed in estimating properly, I figured a cost over-run of about 25-35% or say $9 million averaging amounts (Eddie likes to average doesn’t he!)

Doing some simple math, that means Eddie has to find another $3M somewhere if the costs are split or $9M if the City has to pay it all.

I wonder if we will see the accounting magic of bridge financing to see this through. Unfortunately, since the Tunnel has lost traffic volume, revenues have decreased and dividends ended. He cannot get money from there. City Reserves are down dramatically too so that is out. A tax increase---hardly, when Eddie wants to run on a fiscal responsibility platform provincially.

So Eddie has to grovel now….no wonder Halberstadt and Brister are making nice to the Senior Levels. Eddie loves them now and needs their friendship desperately….they are his allies against the big, bad Bridge Company.

But what if they say NO! We agreed on $10M each. Go fund it yourself since it is your asset.

Oh well, cancelling the public session gives Eddie time to try and pull another rabbit out of his hat or to allow another Star attack on the Senior Levels, especially Sandra so they will knuckle under.

This time around, I think they have Eddie by the short and curlies and they will know it when he comes to visit, cap in hand.

Hmmm I have an idea to help out. But Eddie would have to have the guts to phone Dan Stamper. How would Eddie explain that away to the Senior Levels and the public after what he did and said before. And how will he dare face Stamper after putting forward the Interim Control By-law to try to hurt the business of the Bridge Co.

Is Windsor Closed To Business

Something bothered people yesterday about what is going on in Windsor. My BLOGsite hits spiked upwards rather dramatically which meant a lot of people came to my site. I would expect that my BLOGS today will get people very concerned as well.

To be honest, if I was going to take Chair Remo Manicini's offer to become the head of the Economic Development Commission, I would reconsider today. Do you want to be the one whose job it is to turn off the last light in Windsor?

I cannot think of any two worse signals that this City has given about how adverse we are to business, and how bad our economy is than what took place yesterday. It tells me that nothing will happen in the downtown for years, no matter how much Mark Boscariol may wish it differently, and how badly the blackmark about this City as a place to invest is growing.

One story has to do with Sandwich. The message to business is take your billion dollar project and shove it. Windsor doesn't want your money here.

Oh Councillor Jones can talk about a building or two being occupied on Peter St some day as his "proof" of the Sandwich renaissance (after Leon Paroian had said that nothing has happened there in 50 years) but he has not told us what happened to the big investor who wanted to put $100,000 into Sandwich. Why won't Councillor Jones tell us who he is and what he is going to do.

Here's a hint to his/her possible identity--I bet that the investor must be a real guru who can see the value of Sandwich. Unfortunatley, the last guru who was in Windsor seems to have "downsized" his office and staff here!

But that is not the big story in Sandwich....that one is that Councillor Valentinis has to compare the Bridge Co. with some developer who sneaks in at midnight to chop down a tree as justification for the unseemly haste of "freezing" all of Sandwich with an Interim Control By-law.

Let's see, the Bridge Co. has spent $500 million so far to develop their project in Sandwich and wants to spend $500 Milion more. If my math is right that is ONE BILLION DOLLARS--and our Council opposes them. Not only opposes them but has not had the courtesy to answer a letter sent out by the Bridge Co. last November to the new Council asking to meet.

I guess that there are no unemployed in Sandwich and in Ward 2 and that businesses are booming such that there is no need for jobs and customers.

Oh well, it is Dan Stamper's fault. He is after all only the 4th largest taxpayer in Windsor. Our Mayor only talks to the Olympic Gold, Silver and Bronze medal winners it seems.

However, if Dan waits long enough, as the Big Three quietly wind down their operations here, and as the Casino does not get the business it expects as the perception of the border not working grows, by default he may be the biggest business in town! I wonder if he will want to talk to Eddie then at all.

However, that is not the most troubling story to me. This one should make Mark Boscariol reconsider his comment to me:

• "My support for Mayor Francis is unwaivering, I only wish to work with him more to continue the momentum and not let it stall."

Hey Mark, this kind of momentum scares me. I have had enough of it. Haven't you yet?

I am sure that you saw the small story at the top of page 2 in Tuesday's Star: "Developer gets 3 years to complete land swap." Oh my, real estate must be in very bad shape here now.

When the arena land swap was done, what we were getting at our Crown jewel of land beside the Art Gallery was a huge development. I believe Mr. Farhi when he said:

• "he will use the year to line up potential buyers for a "first-class" condominium development overlooking Windsor's waterfront, with retail on the ground floor.
  
  "The building next to the Art Gallery is going to warrant a first- class facility," he said in a telephone interview Tuesday. "I am not building anything unless it is first class."

Well several months later, as he began to understand our market, we learn that in exchange for the City not paying $200,000 but only $100,000 for soil clean-up, Mr. Farhi won't have to build for three years!!! He extended his development time by 2 years.

In other words, it seems he must NOT have been able to find buyers for the condo or he would be building it now. He must need the extra time or else he might have a huge financial disaster on his hands if he built a building that no one occupied. Is that the real reason why he was so generous with us? He bought 2 years of time for a mere $100,000.

Now Mr. Farhi should not be so shocked about how bad the condo market is. Remember, Chuck Mady a few months ago was offering huge discounts off of the price of units in his first-class building to get rid of the final ones. Why would the market be any better now after all of the lay-offs in Windsor? Who would the buyers be?

Now I have a great idea. Out of adversity grows opportunity as I heard so many times during the Capitol fiasco at Council. However, I need someone with a large pocket-book who can afford to hold land for a long time to be my partner. I have the brains but not the cash to make this work.

Think about this though as a plan, if you want to partner with me, so we can both make a huge fortune in real estate in Windsor. It is a long-term investment in Windsor--a very, very long-term investment--of prime real estate. It is better than the TV infomercials that show you how to buy property with "No Money Down" for only $39.95.

Windsor's real estate market is a shambles right now. The best property on the river has been exchanged with the gentleman from London. Eddie could barely give away the river-front Canderel space. Mr. Farhi has said that he now needs three years to build his condo project.

Everything is so bad that it is so good.

Here's how we can make money. Let's take advantage of distress pricing. You know a buyer's market or when someone is in default in their mortgage payment and is desperate or going through a messy divorce or having to leave town for a new job in Alberta.

The RFP for the Urban Village has not gone out yet but didn't Eddie say it would be soon?

• "Francis said a report to council in February will enable the city to issue a request for proposals and there are strong indications of developer interest."

I hope those developers were not the friend of Councillor Jones in Sandwich or Beztak before they got chased out of town or Chuck Mady before he moved most of his operations outside of Windsor or Eddie is in trouble. Frankly, who would be an developer in the urban village area now that Farhi owns such a good piece of property.

Anyway, when the RFP goes out, no one will probably submit a Proposal because of Windsor's anti-business attitude that we saw in Sandwich and bad real estate market so YOU, dear rich reader, should partner with me and make a low-ball bid.

You know what, the City will be so desperate since we are the only bidder and Eddie needs a WIN that they will accept it, no matter how bad it is! You'll have to hold on to the land for a bit but we will make a fortune once Eddie is no longer the Mayor and when the new Mayor and Council come to their senses.

We will be rich, partner. 60-40 split in my favour right since I thought this up? Trust me, have I ever lied to you before!

PS. I really like Mr. Farhi's style from reading about him online even though I do not know him. He is a tough and shrewd operator in the best sense of the word. Darn, he may also be my main competitor for the Urban Village too if this story is right.

It looks like he is playing the Councils of London and Windsor off against each other. Good for him! Do you really think he cares about building condos only in Windsor or is he just as interested in making a ton of money at the Lear plant location with commercial developments. He can always sell off prime water-front property at a profit.

Here is an interesting story about how he might be playing the game. He holds out a carrot to Windsor and threatens to leave London. Who will throw the most money at him to keep him around. What a great position to be in:

• "Wed, November 8, 2006
  
  By NORMAN DE BONO, FREE PRESS BUSINESS REPORTER
  
  London developer Shmuel Farhi has cut a big deal in Windsor.
  
  He's agreed to a land swap that sees him get 0.4 hectares of prime downtown waterfront land in exchange for 16 hectares in the city's east end where the new arena for the Windsor Spitfires Ontario Hockey League team will go.
  
  Farhi plans to build a $45-million, 20-storey condominium tower on the downtown site and another $50-million commercial and residential development near the new arena, he said yesterday.
  
  The deal may be just the beginning of what he sees as an ongoing relationship.
  
  "They called me and said they wanted to make a deal," Farhi said.
  
  "Here's a city that picked up the phone and said they wanted to work with me. They sent people here and we got a deal done in three weeks."
  
  Farhi has been at loggerheads with the City of London in recent years over developing parking in the downtown for his commercial buildings.
  
  At a recent city council meeting, he threatened to tear down his London developments or invest elsewhere...
  
  Windsor also will develop a four-hectare property, immediately behind the land Farhi now owns, as a downtown urban residential area and Francis said he expects Farhi to bid on the development."

Now Mr. Farhi likes Heritage buildings in London and bought their Capitol Theatre. Do you think Eddie can convince him to invest in ours as a new "good neighbour?" What a great coup that would be!

The Increasing Power Of Windsor Bloggers

Oh it is hurtful all right. I am powerless and part of a

• "lonely and isolated lot, rebels against the mainstream living in the make-believe world of cyberspace, where truth is often a casualty of fingers tapping at a keyboard."

First I had to endure that my writings were "Blogaloney." Then personal shots directed at me and perhaps some others calling us all kinds of nasty names that I dare not repeat.

And now, the indignity of it all, a front page Star stories about Bloggers.

Wow, we bloggers in Windsor must be gaining in power in Windsor. Perhaps we are becoming a threat to the Windsor Star itself. I know that many people read my BLOG as an alternative to the Star, to get a different point of view. I would expect that the total number of daily readers must be in the many thousands if you combined the total hits of all of the Bloggers in town. I know from what ex-mayoral candidate David Wonham said that a brief mention of his website during the election campaign from me here resulted in him getting several thousand hits more than his normal number.

I would be curious to know how many hits the Star's Bloggers get. Frankly, I prefer reading Roseann Danese's BLOG rather than her news stories. She is much sharper in the BLOG and she has terrific insight that she cannot "report" in a news article.

Hmmmm perhaps we Bloggers should start seeking local advertisers too to have some real fun by using that money to let the public know we are around. Or maybe it is time for a full-fledged on-line Blogging "newspaper" with various sections. The cost of starting and running that would be a lot cheaper than buying a building and newspaper presses

We certainly are a big threat to City Hall since we really are the only ones commenting daily on what is going on in town. Note I used the word "comment" not report. We break news, we explain, we analyze, we deal with the absurdities of the day and we do it from a different point of view too. We do not have to be careful NOT to offend the politicians either.

Oh well, it does not really matter. Sticks and stones and all of that. Trying to be philosophical at 6 AM in the morning without having a cup of coffee yet is just too hard. I'll just stick to writing a BLOG.

And I hope that you continue reading it!

How The Media Works

I have inside media moles too, not just at City Hall who tell me what goes on.

As a drinking buddy of some of the media types in town (names withheld, professional courtesy you know), I have to admit that they are a bit jealous of my media accreditation with the Federal and Provincial governments that I obtained merely because I write a BLOG. I have not been able to get one from the Mayor's office. In fact, they have not yet even answered me. Clearly an oversight.

One of the things that some of my buddies are really angry about, those that do not work for a Canwest company that is, is how the Star gets so many City Hall scoops especially on the border. I have already blogged that they get things when Councillors don't.

Good journalism obviously, Gord Henderson snaps his fingers and Eddie runs to his office to explain away any problems that he has so Gord can write a column telling us that all is good in Windsor even though we know it is not, Eddie using the most powerful media voice in Windsor for his future--enough said.

Anyway, over a few Buds, one of my buds decided to tell me the story that he learned how the Star could write so much about Sam Schwartz's plan when he first presented it on a Friday night for publishing by the Star on a Saturday several years ago. I must admit I wondered how they could devote all of that space but I had assumed that they left it blank to be filled in and had a team of reporters working like beavers to get it out. I think the story was revealed since it was suhc "old news."

Here is what he told and said that I was free to post it as an example.

• "The Schwartz Report was revealed to the public on Friday, January 21st 2005
  
  The Schwartz Report was presented for the first time in secret to Windsor City Council on Wednesday, January 19th, and to a special joint session of Windsor and Essex County Councils on Thursday January 20th for their first viewing ever.
  
  Ever wonder how, when the report was presented on a Friday night, the Star was able to have columns and graphics ready for the Saturday 22nd edition of the paper?
  
  Star editors got an advance presentation on the morning of Wednesday January 19th at a secret location in Detroit. Why Detroit you may wonder--- so that they wouldn't be seen. Real cloak and dagger stuff.
  
  At that meeting, the Star requested all sorts of graphics that showed up in the Star Saturday morning. This was in advance of City Council getting its first viewing. Obviously, the Star was asked not to answer questions about where or when they got the graphics.

So you see the pattern was there for a long time: Star first. Administration second. Council third. Public fourth.

Council First Impressions

There is no sense in trying to make sense out of last night's Council meeting. I cannot do it. You read about some of the things that were done in the Star but let me give you my first impressions:

1) R-E-S-P-E-C-T

That is one thing that this Mayor has little of for some of his Council colleagues at least it seems.

RESPECT---Imagine hearing Councillor Halberstadt say that he knew nothing about the Interim Control by-law, not a word, until he read his Council package on the day before Council. How many others had the same thing happen but did not have the guts to say it so boldly last night. My respect went up for Alan considerably! [I bet that this line shows up in his federal election campaign brochure as an indication of his strength. Today at least, he has my permission to use it]

RESPECT---It was just like what Alan had to do to get letters from the Mayor over the border issue. Stand up at Council and demand them. The Star saw them but not a City Councillor. I wonder if he has read them yet. If he has them, Alan should post them because I bet they will make good reading!

RESPECT---I wonder how many Councillors knew about the Estrin lawsuit or did the Star know about it first again, for months?

Back to the by-law. It's a step that could stop a billion-dollar project, that freezes hundreds of homes in Sandwich, that can give a message to investors to stay out of Windsor and Council does not know about it.

The Mayor acts on his own it seems. Well, not completely. Councillor Jones seemed to have a hint something was coming by his quote in the Star a few days before.

I guess that Alan is on the "outs" these days for daring to question the Mayor. Quack, Quack to you if you dare defy his Worship!

2) Good thing Bill Marra's tunnel motion was withdrawn last night. It gave Gord Henderson another chance to attack Councillors who would dare not support a tunnel. Hey, kids are involved you know.

Bill by now knows he has been played. He should withdraw the Motion. That would be fun too for him and a way to hit back with a smile on his face as he says that there is a need to do more research. I'd love to see how Eddie would scramble then

3) Poor Les Chaif. He must have thought that someone wanted to hear what he had to say about Benson School. Now he knows how the Superior Park people felt. At least he was not called a racist!

4) I really don't know what to make of the Brentwood matter. We can save buildings with hundreds of thousands of dollars of taxpayer aid but we cannot save souls. I wonder which is more important to the community.

I am glad to see that Councillor Gignac opened up her cheque-book publicly so that everyone will know how generous she is. I expect that, if she wins the Brentwood Lottery since she bought lottery tickets too, she will donate the prize to Brentwood too. Sniff, sniff {wiping away tear}.

5) If you want to stop Eddie cold in his tracks when he tries to bully you at Council, as he tried unsuccessfully with Dan Stamper, just tell him that he is wrong and that you have his words from the Windsor Star to prove it.

It was hilarious to watch Eddie trying to be the Teflon Mayor and divert crticism of his actions and see Stamper have none of it. You had to be there to see it in person.

I hope the people from the Capitol stayed around and saw it as the real drama of the evening!

I bet that Eddie stayed up more than his usual 18 hours trying to find the words Stamper was talking about.

6) Congratulations to lawyer Leon Paroian. He has suffered several tragedies in his life over the past few years and it was nice to learn that he is remarrying last night. "Once every 50 years" as he said.

However, his new wife is a lucky lady too. As Councillor Halberstadt pointed out, he will become wealthy as he fights on behalf of the Bridge Co. against the City's Interim Control by-law. She will not have to worry financially about anything! Unfortunately, taxpayers will not be as lucky if the Bridge Co. wins since not only will we have to pay for Mr. Paroian as the losing side must do but our lawyer as well, whoever that is. I wonder how the Mayor, Council and Mr. Estrin will deal with this now.

7) Councillor Valentinis really annoyed me last night. I could not believe the story he gave about the need to introduce and approve the Interim Control and Demolition by-laws in such a stealth manner and to reject a request to defer.

Notwithstanding the undertaking by the Bridge Co. not to take action on new demolitions, they were not the only enemy it seemed. Someone else, who no one knows, might come in and knock down buildings, which no one can identify, for this huge project that is unknown.

Let me give you an example of ONE interim control by-law: the one used to stall downtown development while the Casino moved forward on its plans.

• April 26, 2001 “Jeff Watson, a senior planner with the city, said he's been asked to examine whether an "interim control bylaw" would allow the city to temporarily stop new bars from opening while permanent solutions are found.”
  
• April 7, 2003 “City of Windsor officials will be watching as Guelph prepares an interim bylaw to halt new bars while working on solutions to their city centre problems.
  
  Citing problems with policing its growing downtown bar scene, Guelph is considering an interim control bylaw which would place a moratorium of up to 12 months on new bars while it seeks other ways to deal with the issue.”
  
  
• October 7, 2003 “City council's decision Monday to delay a one-year moratorium on downtown bars outraged one councillor who said the issue has "been studied to death" while injuries pile up.
  
  "The suggestion that we have not provided due process is bunk," said Councillor Alan Halberstadt.
  
  "This has been going on for three or four years, it has been dealt with by a consultant who held public meetings, by the resource team and by the revitalization task force. It has been studied to death.
  
  "It's merely a tactic to put pressure on council to back off," said Halberstadt. "Closed-head injuries downtown are piling up and we need to deal with this now."
  
  The delay was requested by Michael Duben, chairman of the City Centre Business Association and was approved by a 6-4 vote following a 20-minute debate. The issue will come before council Oct. 20.
  
  The remaining 13 recommendations in the long-awaited report from the City Centre Security Enhancement Resources Team (CCSERT) were approved by council.
  
  "Many of our members were not aware this was going to be discussed tonight and believe that it should be looked at more closely before we jump to conclusions," said Duben. "We believe it should be delayed so that a full public process can be undertaken. But we have no issue with the remaining recommendations which we believe should be implemented as soon as possible."
  
• November 5, 2003 It became an election issue too “Eddie Francis and Bill Marra agree on 13 of 14 recommendations made by Peter Bellmio, who conducted a study and survey of Windsor's downtown last fall.
  
  But as far as the other recommendation is concerned, Francis favours an interim control bylaw which places a 12-month moratorium on new entertainment lounge licences in the downtown while Marra opposes such a bylaw.
  
  Francis believes it will give the city a 12-month grace period to conduct a planning study but Marra believes it will create an unnecessary drag on downtown development."

That interim control by-law was years in the making, fully publicized, postponed because people affected were not aware of it and a major election issue but there was a need to pass this one so quickly. No stealth concerns there but one directed against the Bridge Co. here.

What did Mr. Paroian say about "Bad Faith" again last night!

8) Quick call a Doctor. The Mayor's amnesia attack is getting serious. Now his famed photographic memory is failing along with a bad case of amnesia.

Here is the complete Windsor Star story about $400,000 to be spent for a Peace Beacon not $3.2M

• "Dieppe pavilion to cost $400,000; [Final Edition]
  Dave Hall. The Windsor Star. Windsor, Ont.: Oct 7, 2004. pg. A.2
  
  Demolishing the aging concession stand in Dieppe Gardens and replacing it with a pavilion built into the banking along Riverside Drive is expected to cost $400,000.
  
  A suggestion by Councillor Alan Halberstadt that the historical facade of the former Toronto Dominion Bank at the corner of Riverside Drive and Ouellette Avenue be used in the design of the peace beacon in [Dieppe] has been rejected by administration."

It is nice to know that Alan still reads my BLOG although now it appears that the Mayor does not. I guess he cannot stand to see his words thrown back into his face. I guess he does not like it when something sticks.

There's more, but I have had enough as I am sure you can tell.

Windsor Airport Leases And Canderel

I did not get home until after 11 PM last night from the Council meeting and was so angry at one of the comments that Councillor Valentinis made that I spent about an hour going through my databases researching the matter. I am afraid that his actions last night may have cost him his mayoral appointment if Eddie makes it as the PC candidate for Windsor West. If he offended several of his colleagues personally as he offended me last night, then he is finished!

I'll tell you about it later today. I am also taking the advice of fellow Blogger at http://windsormunicipal.blogspot.com/

Windsor Municipal Shadow stated that:

• "It usually doesn't pay to do anything while you're angry, and that holds true with blogging. After watching last night's Council meeting, I may even have to wait two days."

If you want to read someone who reacted quickly, then take a look at the BLOG of Chris Schnurr http://chrisschnurr.wordpress.com/

I'll give you a small taste of why I am so disgusted.

Ssomething is very, very strange here. And inconsistent.

Items 13 and 14 on the Council agenda last night (and on the Consent Agenda meaning there was going to be little debate about them) had to do with with "Land Lease for Windsor Airport." We are given freely a lot of information about these leases and in great detail. Funny though, Municipal Freedom of Information Act applications have to be obtained to try to obtain similar information on other leases that the Mayor has been involved in.

Can the explanation for the differences be that he is that bad a negotiator?

We learn that:

• Dr. Murray R. O'Neil will lease space at a cost of $1,377.30 with a rent escalator tied to the CPI
  
• Great Lakes Flight Centre Incwill lease space at a cost of $24, 058. 06 per annum with a rent escalator tied to the CPI and with the right to renew for 3 five year terms but with the rent to be renegotiated

In both cases there is no right to assign or sublet without the City's consent.

I am rather shocked to be honest. We learn everything about the rental on these properties but not this kind of detail at Canderel

Remember what Eddie said about rents at Canderel:

• "Francis said the figures that have been disclosed are average costs, and the numbers won't be further broken down."

But here they are broken down and we are given exact numbers.

We learn what the rent escalator is at the Airport but we are not given that information at Canderel.

The leases do not allow assigning or subletting without consent but at Canderel, it seems there was sub-subletting (see http://chrisschnurr.wordpress.com/2007/01/17/of-westmont-and-canderel-double-feature/ )

There were tenant confidentiality clauses at Canderel but not it seems at the airport.

We know that there are renewal terms at both Canderel and the airport but we do not know what the renewal terms are at Canderel.

If you can explain the openness with the airport leases but not the Canderel ones, then you are a better person than I! As for the arena lease with the Spitfires, I won't even go there!

Why Is Council Really Freezing Sandwich

It's too obvious. It's just like the imposition of the Interim Control by-law downtown so the Casino had time so it could do its thing. The By-law that then-Councillor Marra opposed. It is the same pattern exactly!

I am so sick of being manipulated. You should be too.

If you think the scolding by the Star of secrecy at City Hall has changed anything, then you are sadly mistaken. It is even worse: manipulation of the Council agenda for political purposes is the norm now as I shall demonstrate below.

There is no "open and transparent" Government in Windsor and I doubt that there will be for the next four years. All I wonder is how 10 people can allow themselves--and Windsorites--to be used this way. Do they have no respect for themselves and their legal obligations under the Municipal Act to "represent the public and to consider the well-being and interests of the municipality?" Or do they really think that they are acting in the best interests of Windsor!

He is Teflon after all. And he tries to remain hidden as others are placed front and centre, supposedly to get the glory. He does so because he cannot tolerate being blamed or criticized, and lashes back when he is, because he never does anything wrong. He is afraid to fail but knows how to grab the praise. He is clever in how he gets others to do his work for him since they take the fall if something goes wrong.

He claimed he was not a politician yet a Senator, after seeing him perform once in front of him, called him one

Obviously I am talking about our Mayor.

I just had this feeling about the Council meeting on Monday that something was going to happen that we would only find out about in the last minute and I was right. I checked the Council agenda at noon on Friday and not much of significance was posted. There was nothing on the Capitol nor were delegations posted.

I did not check the Council agenda page until later and there in plain view now right before the weekend was all the important stuff. It was too late to speak as a delegation at Council as of right. A delegation that wanted to speak now had to get Council's permission, which is NOT automatic.

What was added:

1. Capitol Theatre report although it was dated as at January 15 and was only signed on behalf of the CAO and no one else in Administration (shades of the key report on the Arena)


2. University of Windsor Program & Service Delivery Survey (the public opinion survey that was prepared a few months before the last election at taxpayer expense to let sitting politicians know what bugged citizens. A draft was available in September, right before the election.)


3. Olde Sandwich Town Community Improvement Plan dated January 24 which was not a PLAN but a request for an interim by-law to freeze everything in Sandwich for up to 2 years (see how subject titles mislead, just like the infamous Agenda item #5)


4. Delegation List

Here's how manipulation works.

On the Capitol---Star news stories, a Henderson column to soften up Councillors (including the resentful Councillor Postma who gave a radio interview) and the public before the Report was posted to work up the locals to get everyone on side reluctantly to save the Capitol. All followed up by an approving Editorial in Saturday's paper. That should give Councillors backbone to vote "AYE Eddie!"

On Tunnelling---I already informed you how Councillor Marra is being played by introducing the "tunnel" Motion. I loved his line in his Letter to the Editor last Friday:

• "Why tunnelling is the best option. "If they are serious about the well-being of Windsorites, they (DRIC) can commit to a tunnel," stated Mayor Eddie Francis on March 29. I could not agree more with the mayor."

Way to be a team player Bill!

How generous of the Star to give him space on the Friday before his Motion. Such a remarkable co-incidence. His Letter and the one from Moe Haas that happened to be put in at the same time paints Bill as a possible pro-DRTP-type and the fall guy when Eddie has his new Plan when the Tunnel concept is shot down. Oh and I defy most people to be able to find Marra's Notice of Motion in the city website in the first place. I see that only pro-tunnel Al Teshuba is speaking on it.

I must admit that I thought there would be a cast of thousands speaking in favour of the Motion but I guess Councillors wanted to make it an early evening and wanted to get the vote done quickly. Surprisingly, but for Al, it probably would have gone on the Consent agenda!

On the Bridge Company--- But the most fun is watching how the Bridge Co. is portrayed in advance to accomplish the objective of making them the City's "enemy." It is a long process, meticulously planned, designed with a bunch of news stories in advance to make the Bridge Co. appear evil so that when Council acts, everyone will be so pleased. Just read what I have excerpted below

This time it is Councillor Jones who is the sacrificial lamb if something goes wrong.

Let me show you how it works. Here is the timeline so you will see what I mean:

Friday, October 13, 2006

• Bridge work raises fears
  Dave Battagello, Windsor Star
  West-end community leaders fear land preparation by the Ambassador Bridge is linked to the company's bid to twin its span or resurrect a controversial ring road proposal in the heart of their neighbourhood.
  
  The bridge company has been bulldozing its properties, levelling them off. Gone are several former university dorms and custom broker office buildings it purchased, plus a handful of homes.
  
  The company also continues to purchase residential properties at an alarming rate, they say.
  
  "I'm very concerned with what they are doing," said city Coun. Ron Jones. "It's incumbent upon us to be very vigilant and watch them closely...
  
  While the bridge company can bulldoze its own properties, city infrastructure such as roads, sewers and other utilities are off-limits, Jones said.
  
  "We have (city inspectors) going in there on a regular basis to ensure our concerns are met. I have talked with one inspector who said they have not touched our infrastructure and (are) staying on their property...
  
  "They are not going to give up on anything," Cuderman said.
  
  "They are buying up properties and letting them deteriorate. Unfortunately, the way some of the neighbourhood is starting to look, it seems like they are getting somewhere."

[NOTE: Councillor Jones has been on this kick about "watching" the Bridge Co. for some time now, mentioning it several times at Council. Each time he was told by Administration, as it was related in the story, that the Bridge Co. was acted absolutely legally. I am sure that must really trouble him!]

October 30, 2006

• Council Minutes
  Under CR519/2006 "the Olde Sandwich Towne Community Planning Study (attached hereto as Appendix A) BE ADOPTED as the municipality’s guide for future planning, capital budgeting and community improvement efforts in Sandwich" even though one task force member appeareed at Council and said that "she personally feels that process was not properly followed in terms of notification and receipt of a draft copy of the Planning Study, and concludes by suggesting that the Study being presented before Council is highly influenced by Administration and not a true product of the Task Force."

December 21, 2006

• West side's demise predicted;
  Dave Battagello.
  
  "...Homes are being ripped down and mountains of dirt are being shifted a stone's throw from where the family lives. Meanwhile, the bridge proceeds with construction of six new truck customs lanes -- seemingly laying the groundwork for a second span.
  
  Since their home, like every other on the block, is owned by the bridge company, "there is not much we can do about it," Jones said.
  
  "But the way they are doing things, it's as if there is no respect for our community...
  
  "Windsor is not Detroit," said Coun. Ron Jones, who represents the west end and walked the Indian Road area near the bridge Wednesday. He voiced concerns the bridge is moving beyond its approved plaza plans and is laying the groundwork for a second span.
  
  "I'm not comfortable with what they are doing. There is not a doubt in my mind where they are going with this," Jones said.
  
  City inspectors have been keeping an eye on the bridge construction work, he said. The bridge has been legally approved to tear down four homes on Indian, with demolition applications pending on several others, Jones said.
  
  The city can stop demolition only if it involves a heritage building or property designated under a demolition control bylaw."

January 8, 2007

• Councillor Jones' speech at Council [as taken from the BLOG of Chris Schnurr]
  
  "Your worship and members of council, I hope all you have received this particular document [editor’s note: reference to The Olde Sandwich Towne Community Planning Study Report], one of which councillor Postma and I are so very, very proud of the hard work that has gone on. Mr. Yanchula and his planning department. More especially Alexander and Carol Chan, Neil Robertson – they have done a marvellous job putting this document together, your Worship, talking about the history of Sandwich Towne, talking about the future of Sandwich Towne, and what we intend and hope to do out there.
  
  But I want draw attention to a wonderful and decent human being, Mrs. Hildegarde-Ash who chaired that particular committee who worked tirelessly to keep the group together and bring us to where we are now. And we’re hoping in the very near future that this will be a corporation and we can start applying for different funding. We have had word from a well known planner, world renowned, that he is prepared to put forward $100,000 to help us with our projects out there. People have stuck together out there. We have really reason to believe that this is going to be truly a wonderful piece for Windsor. The crown jewel in the Windsor area.
  
  I want to thank administration, I want to thank members of city council, for sticking together, united, and trying to bring Sandwich Towne back to the glory it once involved. We have a lot of historic nature there. We have a lot of historic buildings. We also have, your Worship, some sacred territories there, some aboriginal terrorities and I hope that this council will see that we stick together and protect all the heritage of Sandwich Towne.”

January 15, 2007

• CKLW story
  BRIDGE ORDER
  
  The province has ordered the Ambassador Bridge Company to have a licensed archeologist on site during some of its work on Indian Road. The Bridge is demolishing some homes that it owns on the road to prepare for an expanion to its operations. But the area is identified in the city's archeological master plan as being archeologically sensitive.

January 25, 2007

• Bridge plans hit heritage snag
  Expansion project may be disturbing historically sensitive, First Nation burial sites
  Dave Battagello, Windsor Star
  The local archeological society wants the city to halt expansion of the Ambassador Bridge because the company may be digging on historically sensitive lands that include First Nation burial grounds.
  
  Katherine Graham, president of the Windsor Chapter of the Ontario Archaeological Society, urged the city to issue a stop work order pending an archeological assessment of the west-end site.
  
  The land in the area was once a Huron reserve dating to 1749 and a number of human burial sites have been uncovered there over the years, including a finding in the 1960s, Graham said in a letter to the city.
  
  She added that according to the city's archaeological master plan, the lands are of "high potential for archaeological remains...
  
  Under Ontario's Heritage Act, stop work orders could be declared so archeological work could be completed, she suggested to council...
  
  Council is expected to discuss the matter during Monday's meeting, said Coun. Ron Jones.
  
  "It was brought to my attention, not only by people in the neighbourhood, but also among First Nations and archeological groups, that they have concerns," Jones said.
  
  "It's very obvious to them it was a Huron village. They have concerns about some of the dirt that's being moved in the area. Certainly, there is a need for us to look at this."

January 29, 2007

• Motions to pass an Interim Control By-law to prohibit certain uses of land and a Demolition Control by-law to prevent actions such as demolition which may stabilize the community.

I may have missed a story or two but you get the drift. That's how the manipulation is done.

Don't you just abhor the Bridge Company now! So when the Motions to freeze Sandwich and to forbid demolition are passed, you will feel so happy too. Never mind the huge adverse consequences to the people of Sandwich that they do not know about. It does not matter. It is for their own good whether they like it or not.

So now you know how manipulation takes place in Windsor. When you see a strange story in the Star, cut it out, keep watching and then soon thereafter, when you least expect it, you will see how it plays out. It's not so hard to do.

Then you will learn how not to be manipulated.

Tiny Stories

It's cold out there and you probably need some extra reading this morning as you finish that extra large coffee you brought to work to help warm you up.

Here are some more short and quick notes for you to ponder:

DOES SELLING YOUR SOUL FOR THE DOWNTOWN HELP

Wasn't it Mark Boscariol who said he would switch from helping his friend to support Mayor Eddie Francis

• "Boscariol, who backed Bill Marra's failed 2003 mayoral campaign, swore he would switch sides and support Francis in 2006 if he could bring a campus downtown."

His unflattering comments in Henderson's column suggest that he should have encouraged Bill to run for Mayor since Bill was the big backer of the Urban Village downtown, a big backer of an exciting downtown and an opponent of Eddie's Interim Contol By-law.

Here is what Boscariol complained about:

• "Boscariol lambasted city hall for foot-dragging on several fronts, including transfer of the Cleary to St. Clair College, the promised urban village, business incentives and streetscaping... city can get the lead out when it feels a sense of urgency. The arena is living proof we don't have to accept city time...He said too many of the city's ideas sit on the shelf."

Here is what Francis can show as his accomplishments:

• "He cited work on the downtown transit terminal and Dieppe Gardens Peace Beacon and said the Cleary keys are to be formally handed over to St. Clair on March 9...As for the urban village, Francis said a report to council in February will enable the city to issue a request for proposals"

Geeeeeeeeez Eddie you forgot the Keg! Note none of Francis' results have been completed and the two that he said were started are hugely over-budget. Quite a record achievement eh.

MARRA SLAMMED ALREADY

Wow, I thought it was a no-brainer. Tunnelling = "Mother(Father)hood as an issue. Who would dare say NO to it. It was Eddie's fundamental non-strategy wasn't it that got him re-elected and Henderson's command to the forces.

Well in Monday's Star, there are Eddie's buddies Councillors Halberstadt and Valentinis expressing opposition to the nothing Motion Bill put forward to support a tunnel. Even with all of the anti-diesel stories that the Star published on Monday too to help out! This is twice in a few days that Battagello has been by-passed on Eddie moves. What has he done wrong?

That was quick to destroy Bill's mayoral hopes by two of the possible contenders. Make him look foolish right away.

It also tells me that "tunnelling" as a strategy is dead, near-term anyway. That PLUS the comments by Halberstadt and Brister that they want to work with the Senior Levels PLUS the Interim Control By-law for Sandwich are the clearest signals that Eddie is backing off embarrassing the Senior Levels on a tunnel for now and wants to form an alliance against the Bridge Co.

Given their animosity to Francis, will the Senior Levels be fooled or will they try and use him for their purposes?

And what will the Bridge Co. do----what they have been doing: fixing the border themselves at their expense while the politicians fiddle!

FISCHING FOR A NEW PRESIDENT FOR THE ECONOMIC DEVELOPMENT COMMISSION

A little birdie told me that the City may have found a new CEO finally. The search group headed by Remo Mancini formerly an executive with the Ambassador Bridge Co. (see I did not get the memo about his re-invention either) may have selected a person to take over the job finally.

If it is the same gentleman, he has had experience in London and the Halton region. Interestingly, he may have had a leg up on others since he was "Retained to carry out a review of the programs and services of the Windsor Essex County Development Commission."

We'll see how good my inside moles are.

Speaking of the Development Commission, there are also rumours that, as expected, Tecumseh is looking at pulling their funding from the Commission as well. You guessed it .. the arena issue. They were the ones most hesitant to take the regional approach. They wanted to test Eddie very early in the process and the arena gave them the perfect opportunity.

CLEARY TAKEOVER...IS THE CAPITOL NEXT

Nice to know that Gord Henderson was told when the deal between the City and St. Clair is to be done. Too bad the Mayor could not let the peon taxpayers in on the secret. I wonder if the rest of the Councillors were in on the secret

I wonder how everything was resolved...probably giving St. Clair the Capitol Theatre for free will help!

SAVING SOULS IS OUT, SAVING BUILDINGS IS IN

On Monday, it will be interesting how Council turns down putting in a few dollars into Brentwood but will spend who knows how much on the Capitol including writing off a huge debt owed to the City.

With all of the budget over-runs this City is experiencing, are we ever in trouble at tax time!

NOT EVERYONE ENJOYED THE WARD 2 STRATEGY SESSION

Wow, take a look at Chris Schnurr's Blogsite. http://chrisschnurr.wordpress.com/ I cannot believe that someone would be so dumb as to threaten Chris at a public meeting. I hope that there were witnesses! I am shocked that City Hall did not take steps to ensure the safety of citizens at meetings like this.

I also received an email from someone who was not too pleased at what went on. I have chnaged it slightly to protect his/her identity. Here is the note:

• "I never thought in a million years I would have reason to contact you Mr.Arditti through this web site. I have read your blog for about 10 months now, perhaps more and you always call the kettle black and shoot from the hip. I have people at work now reviewing your comments and discuss your blog 'at the watercooler' so to speak.
  
  I and my friends have just returned home after walking out of the Ward 2 meeting at the College Community Centre. What a bunch of bureaucratic propaganda!
  
  People were assigned tables and that is fine by me. You register at the door and are assigned a seat. We arrived at 1:25. They said we would have to be split up. Under other circumstances this would have been no problem but since we were the only home owners from [a street], we wanted our neigbourhood represented in a united front. Persons from another neghbourhood may or may not have had the same issues as ours.
  
  We were asked to fill out name tags and wear them. This I found offensive. Sure it helps to know the first name of persons sitting at your table but I did not go to talk to them. I wanted to address my neighbourhood concerns. Their name did not concern me, their issues did however. For the record that would have been graffiti and rental houses being used for drug running, all of which are a stones throw from my door step. I named myself "X" and my friend "Y" to retaliate. (They have our names and address on the registration sheet and which table we were to be seated at.) We were given new blank tags. (We should have just been told we had detention.) That didn't bother me. It is awful hard to offend me. Been in the west end, this same ward for 50+ years. Street smart? Yes. Educated? Yes. Can recognize a public bl** job when it slaps me in the face? Yes? No I did not complete a new tag. My friend did.
  
  I understand the importance of structure and discussion forums BUT papers handed to us to review before our group discussion did not list areas we were concerned with. It appeared to be premeditated issues of which someone at the City deemed relevant. I say appeared because I was so irritated I left. The table facilitator had a chart with agree or disagree boxes to be checked during the discusson. Talk about leading the masses to slaughter. Are these people so naive that they are willing to sit around for 3 hours and listen to what the city wants to address? Again, I did not stay so in all fairness they may have covered our concerns and whether they would have been acknowledged, I will never know.
  
  The organization was a bit under planned but I understand that upheaval at the beginning due to the unanticipated attendance.
  
  I should have stayed throughout but I was afraid if I sat through 3 hours and not found anything relevant to us I would just boil harder and longer. Perhaps you know of persons who had attended the other Ward meetings? Hopefully, then you could get other feedback. Perhaps from someone who sat through it all. By the attendance numbers, that shouldn't be too hard a feat.
  
  Thank you Mr. Arditti for allowing me to vent. I hope I have not taken up too much of your time but this letter has been very therapeutic. I would be interested to know if you received other comments.

LUCKY POLLYANNA

Gord's friend "Pollyanna is happily awaiting the replacement of a couple of Windsor's most embarrassing eyesores in 2007. She plans to be sipping a chardonnay on the patio of the new Peace Beacon in Dieppe Gardens when they knock down that travesty called the Cleary Guesthouse."

Polly must be a tourist since Windsor taxpayers may be sipping Kool-Aid by the time this project is done. Its cost as outlined in the City Agenda Item is now over $3.2M. It was supposed to cost...well I am not sure after reading the Administration Report.

However, going back in time I found this story:

• Dieppe pavilion to cost $400,000;


• October 7, 2004
  
  Demolishing the aging concession stand in Dieppe Gardens and replacing it with a pavilion built into the banking along Riverside Drive is expected to cost $400,000.
  
  Dubbed beacons in the city's four-year-old Central Riverfront Implementation Plan, the five park pavilions planned for the riverfront will house washrooms, concession stands, information services and shelters.
  
  Most will feature a sloping landscaped roof, designed to blend into the banking.
  
  The Dieppe pavilion will be known as the Peace Beacon."

Eight times higher than what was talked about only a few years ago. You can write a comment as well as I to finish up this story.

Nawwwwwwww I won't talk about the arena and what it will ultimately cost! Too easy a target.

The Ayes Have It

For those of you just dying to appear as a delegation in front of City Council to speak in favour of or against a tunnel for Windsor, here is the Notice of Motion that Councillor Marra will introduce on Monday.

It will probably pass unanimously unless one or two Councillors have the guts to stand up and say it makes no sense. Don't hold your breath though since tunnelling is the new City battle cry (and Eddie's ticket to Queen's Park).

A well-known expert on the matter had this to say to me about the Motion:

• "It's over. Between Eddie and the Windsor Star conditioning the residents on tunnel, tunnel, tunnel... the earth is scorched. The "Great Tunnel Debate" for next Monday is a joke... The MTO will say fine, and not build anything. Period...
  
  The $3.2 billion price tag is not fiction, or "inflated". That's why they'll walk away. You showed yourself, traffic numbers are down, not up. You don't think they know that in Toronto and Ottawa? That buys them 10, 15 years to wait it out and let Windsor suffer for their civic leadership...
  
  MTO will say no rush, we can wait until you come to your senses. They won't literally walk away, but they won't be bullied either. Imagine the precedent! Every municipal leader from Windsor to Timmons finds out they can extort the MTO."

The problem with my friend is that he just does not understand. This is Windsor, we deserve it and are owed it! Just ask City Hall.

If you want to read a brutal BLOG on the lack of scrubber technology that makes a mockery of what is being proposed, read the piece written by ex-Ward Two Candidate Chris Schnurr at
http://chrisschnurr.wordpress.com/2007/01/16/someone-stop-the-insanity/

Perhaps before Councillor Marra writes another letter to the Star, he should ask the Chair of the Windsor Tunnel Commission aka the Mayor about problems with the heritage-designated Tunnel ventilation building and massive cost over-runs for repairs. Perhaps he could ask him also what scrubbing techniques are used at the City owned Tunnel downtown. He may be surprised at the answer! NOTHING!

• Notice of Motion
  
  Whereas tunneling projects are common throughout the world; and
  
  Whereas the City of Windsor wants to protect neighborhoods and get trucks off local streets; and
  
  Whereas tunneling combined with capturing and scrubbing emissions will significantly improve local air quality; and
  
  Whereas the Town of LaSalle adopted Resolution 7652/06 supporting tunneling and has advised DRIC of that position; and
  
  Whereas the Town of Tecumseh Planning Committee adopted resolution PC -41/06, supporting LaSalle’s resolution on Tunneling; and
  
  Whereas the Warden of the County of Essex stated that tunneling is the least intrusive option; and
  
  Whereas there have been numerous public statements and correspondence from the City of Windsor urging tunneling,
  
  Therefore be it RESOLVED that the City of Windsor advise DRIC that they must have a tunneled solution for Windsor Border traffic.

Now don't get me wrong, I am not against tunnelling where appropriate in Windsor but I am against politicians pretending that they are accomplishing something when all they may do is chase the $300 million BIF funds out of town.

Motions like this do nothing to solve the need to find a proper road to the border. All it does is make it tougher for anyone to take Windsor seriously!

Windsor Mayors' Conflicts

It seems that finally someone is concerned with our Mayors' possible "conflict of interest" by being Mayor and also Chair of a Board. Unfortunately for me, it is the wrong Board that was being discussed this time around.

Again, as I wrote once before note the plural "s" in Mayors. This criticism is not directed at just this Mayor but every Mayor who plays the dual role.

• "Mayor's police board role questioned
  
  By Chris Thompson, Thursday, January 25, 2007
  
  A local criminal lawyer is questioning the wisdom of having the mayor of the city serve as chairman of the police services board. “We want to avoid the politicizing of police,” said Greg Goulin"

As you, dear reader must know by now, I am very critical of the inherent conflict of interest with the Mayor being Head of Council and also Chair of the Windsor Tunnel Commission.

I asked before about $9,150. That's the amount that Mayor Francis, Chairman of the Windsor Tunnel Commission, receives as salary to sit on the Commission. Is he overpaid?

As an example, with the operations of the Detroit/Windsor Tunnel seeming to be getting worse and worse with cost over-runs at the Tunnel Ventilation Building, no one hired to run the operation, $6.6m dividend disappearing and a huge drop in traffic that continues and continues, the Mayor should seriously consider teminating the services of the Chair. But do you really think that Eddie will fire himself?

How about the unique security risk at the Tunnel? Should Eddie as Chair demand action to fix it since there is a huge liability when as Mayor he knows that there may not be enough money to do so?

This conflict of interest may be causing Windsor serious problems as well. Is the Mayor concerned about the border from the competitive position as Chair of thte Tunnel or for the public interest as Mayor? The two interests are not necessarily the same. Which one is the dominant one?

The Senate of Canada recognized this conflict during the debate on Bill C-3 :

• "We have seen decreases in numbers of crossings at various places, including the tunnel from Windsor to Detroit. By the way, the committee that oversees that tunnel is chaired by guess who? The Mayor of Windsor. I would suggest perhaps the Mayor of Windsor may have a conflict as he debates how other people see this."

It would appear that the Tunnel Plaza improvements to take vehicles off Goyeau and Wyandotte is more important for the Chair than fixing the road to the border for the Mayor. There seems to be a Tunnel deal between Windsor and the Senior Levels made early on but the potential of a lawsuit between them as both the Mayor and Councillor STOPDRTP threatened legal action over the road.

Just a hint for Eddie. You had better be careful over these Board/Mayor conflicts. It can hurt your credibility in your future career as you dance around as it did in this exchange in the Senate. The use of "politician" here was not a complimentary one!

• Senator Mercer: However, you are the mayor of the city of Windsor.
  
  Mr. Francis: I am.
  
  Senator Mercer: I suspect that the city of Windsor has more than a passing interest in this process or you would not be here.
  
  You are chair of the tunnel commission, is that correct?
  
  Mr. Francis: I am chair of the Windsor Tunnel Commission, yes.
  
  Senator Mercer: Does that come with the title of mayor? Is the mayor always the chair of this commission or is this something separate?
  
  Mr. Francis: No, the mayor has historically taken on roles and responsibilities on a number of committees. In addition to the Windsor Tunnel Commission, I am also chair of the energy company. It is part of our job. Our jobs never end. We work on committees.
  
  Senator Mercer: I have bridges in my province that go from one city to another, not from one country to another.
  
  Mr. Francis: It was established when the tunnel was created and vested in the city of Windsor that a committee and a commission would be struck. The commission is an agency.
  
  Senator Mercer: City council then chooses who the chair is, do they?
  
  Mr. Francis: The commission does, yes.
  
  Senator Mercer: The commission, but who appoints the commission?
  
  Mr. Francis: The city council.
  
  Senator Mercer: I told you he is a good politician.

Frankly, this issue needs addressing by the new Council. In fact, Council needs to look at the role of Councillors on Boards as well. Remember how much extra money Councillors made in salaries by sitting on boards. Enwin had troubles as an example and many extra meetings were required to fix its problems, all of which meant Councillors earned additional income. And did we ever find out what the problems were? If we did, I must have missed it.

Cameras In The Courtroom

• 
  No wonder we are called "Sin City!" It could only have happened in Windsor and Essex County!
  
  Is it something that could change the course of Canadian history? Could it result in the fall of the Conservative Government and perhaps the emergence of the Green Party as a power in government as voters turn away from the old-line parties. Will it make Adscam look like kindergarten? Or will it increase Conservative Party membership?



I am sure you saw the recent story about putting cameras in Canadian courtrooms.


• "Ontario will let citizens watch the wheels of justice from the comfort of their living rooms, Attorney General Michael Bryant said Wednesday, announcing that cameras will be installed inside the Ontario Court of Appeal.
  
  The cameras are expected to roll by the spring. Eventually television may come to all the province's courtrooms, Bryant said. "Ontario's justice system is ready for its close-up."
  
  "I think it is inevitable that we are going to have cameras and radio broadcasts in the courtrooms of our nation so that everybody can see what the public moments of our justice system are"

That seemed to come out of the blue. I do not remember hearing a great outcry about it do you? But what I do know is that Windsor may well be the battleground for the forces for and against the idea! Can you imagine what it would be like if there were cameras in the Courtroom for the big Windsor trial that just finished? There would be a feeding frenzy, a Zoo!

Clearly, the recent case involving the death threat to Jeff Watson must have played a vital role in the announcement. If you want to get people talking, you need something really BOFFO as Variety, the entertainment bible would say!

What better way to get the rating numbers up than politicians and a "situation." How Bill Clintonish. And what can be more BOFFO these days than a hint of a scandal and something that won't be revealed

We read in the Star:

• "Bradie alleged the real reason Schnekenburger was upset with Kouvalis was that he had warned her not to make a pass at MacKay at the barbecue.
  
  "He said in a joking manner he didn't want me to hit on Peter MacKay," she admitted.
  
  Kouvalis did that, Bradie alleged, because Schnekenburger had another "situation" with another MP, a relationship that had caused some pain. Schnekenburger acknowledged that incident. Bradie told the court he would not reveal the identity of the MP. He also did not reveal details of the relationship between the MP and Schnekenberger, who is 21."

Perfectly done as a warm-up for the real thing, the real introduction of cameras. It is a teaser, a come-on, it would have forced us to tune into the next episode.

• "A date will be set Thursday to continue the trial."

Just like with the famous "Dallas" TV show. You had to tune in again to see who tried to kill JR. The number of viewers watching would have gone through the roof! Geraldo would have come here as must Extra, A Current Affair and Inside Edition. The National Enquirer has to come for enquiring minds. The British tabloids would probably book an entire hotel together when they heard about this. Who knows, OJ Simpson might do the play-by-play for Court TV.

The case has become the talk of the town. The name of the Minister of Foreign Affairs is involved somehow? Who is the MP that is involved? Is it a Conservative or from another party? Why the point of the girl being described as 21? A "situation"---what kind of word is that? What kind of "relationship" was it? What kind of "pain?." The MP's wife calling witnesses to her home to discuss the case a few days before trial. And then the acquittal and possible civil actions or perhaps a book and movie deal to reveal all. Oh the drama of it.

This is juicy stuff....the Nielsen TV ratings would have been huge. If they sell commercials, we are looking at Super-Bowl type costs for advertisers. I bet it solves the Ontario budget mess quickly since the Administration of Justice is a provincial matter!

Of course some people know the answer to the questions I posed above already. How did they find out? Another breaking news story: "Canadian coins with tiny radio frequency transmitters hidden inside...Whoever did this obviously has access to some pretty advanced technology."

If The Glove Doesn't Fit...

You do not have to apologize any longer to say that you are a member of the Conservative Party of Canada. It's the Party to join to party hearty! Why my sources have told me that Conservative membership in South West Ontario has grown dramatically over the few weeks

Sure the Liberals have scandals but they are soooooooo boring. All that is involved with their messes is money: Adscam, Gun Registry, HRDC. It's only money after all.

Can you believe what happened with the Conservatives. It's so bizarre. It's not John Diefenbaker's Tory party any more!

Back in August, 2005, "Police have been asked to investigate threats against Essex MP Jeff Watson, allegedly made by a former campaign worker," Nick Kouvalis. In fact, he was charged with "uttering a threat to cause harm or death." The trial concluded this week and he was acquitted.

But, the coverage by the Star was great. A big hulking picture of Nick in the paper after the first day of trial. The shot taken of Nick scared the heck out of me! I guess that would have made me understand why Watson was so concerned.

But the good stuff came in the reporting like:

• the quote allegedly made by Kouvalis: ""If I could ... kill Jeff Watson with my bare hands and get away with it, I would."
• a witness and her friend, being told to "to approach Watson at the barbecue, make him feel "uncomfortable" and insult him."
• the two women trolling Essex for donations
• a witness denying that "she is blowing a kiss in the photo"
• the witness being told not "to hit on Peter MacKay"
• Kouvalis' lawyer alleging a young witness "had another "situation" with another MP, a relationship that had caused some pain....[the lawyer] told the court he would not reveal the identity of the MP. He also did not reveal details of the relationship between the MP and [the young girl,] who is 21.
• "This political intrigue is so interesting" said the lawyer
• Then the big revelation: "MP's wife called witnesses
  Sarah Watson invited campaign workers to her home to discuss threat case"

Come on now...a woman being asked to make a man feel uncomfortable, hitting on an MP, the Minister of Foreign Affairs. What is the situation that was not disclosed and which MP was it?

What Does The Estrin Lawsuit Really Mean To Windsor

No wonder Gord Henderson said this:

• 
  
  
  “I'm in awe of Moroun and his hired hands. These folks are the masters. They're always two or three cunning moves ahead of the other players in what amounts to a high-stakes border chess match."

It’s still the case as I shall demonstrate.

Frankly, on the most superficial level, the only people who should be worried about the Estrin lawsuit are his partners. Why should we care about some esoteric issue about conflicts of interest between a lawyer and his client?

The Star foolishly said yesterday:

"The city is not named in the lawsuit, so there are no financial implications for local ratepayers."

Doesn't the Star understand that the future of Windsor is at stake, not just the hundreds of millions in damages that will be sought down the road if the parties keep on fighting. Can the Star be this silly or is it really trying to minimize what has been done so as not to panic the locals! If you think we have budget problems now…

Is this the best the Star can do if they knew about the lawsuit back in November and had all of this time to prepare a response? Of course we need to expect a counter-attack! And it has started.

We saw four whole lines of quotes from the Bridge Co. President and paragraphs from Eddie and Estrin in the Star story. True balanced reporting.

I could not believe the arrogant comment from Estrin “When it was brought to our attention we basically fired them as a client.” This was right after he had admitted his firm made a mistake: "Every firm tries its best, but sometimes the conflict screen breaks down," Estrin said.

Not every error is actionable in law. But is this an admission of negligence on the part of the firm by a partner?

While it may appear that mistakes can be made in a firm of “more than 700 lawyers at eight offices across Canada and one in Moscow,” it also seems to suggest that they should have the best conflicts recognition system in Canada. The issue of a conflict in such a large firm is an issue every time a client is taken on.

If you were a Gowlings client today, would you wonder who might be acting as counsel against you? How would you like to be “fired” as a client? Is Gowlings going to lose business and see its reputation diminished as this case moves forward?

I thought you might be interested to know who some of Gowlings other clients might be and relationships they have. Do some of their other clients have an interest adverse to that of the City of Windsor that the Mayor and Council should be concerned about? In fact, as you may recall, I made a presentation at Council about conflicts of interest in the border file a long time ago.

Gowlings acts or acted for:

• City of Windsor



• Borealis



• Peace Bridge Authority

Another of Gowlings’ partners is Chair of the Board of the Detroit and Canada Tunnel Corporation and Deputy Chair of the Board of Macquarie Canadian Infrastructure Management Limited. That’s the Detroit-Windsor Tunnel connection.

Sam Schwartz (whom Estrin retained) did the Schwartz Report but also acted for the Windsor Tunnel Commission and the Blue Water Bridge.

It should be obvious what each of these groups have in common as well. Each of them has an interest in opposing what the Ambassador Bridge wants to do and in some cases is a competitor!

I found it interesting as well that Gowlings acts for 2 infrastructure companies who might well be involved together or in competition for a P3 in Windsor for both the Tunnel and a new bridge crossing and road. Billions could be involved. Oh, Estrin’s partner is on the Board as well of the Canadian Council for Public-Private Partnerships.

I have no interest in the lawsuit other than what it signifies. And it tells me a lot.

IT IS PERSONAL NOW TOO

It is more than just about money.

In spite of its size, the Ambassador Bridge Company is a family-run business. Its principals, both father and son, come in every day to run their operations. They believe that they have contributed and are contributing to the well-being of the Windsor/Detroit region.

Imagine then hearing yourself being called an “enemy” of Windsor by a City Councillor. Imagine hearing the Mayor say that he is using taxpayer money and “slowed the bridge company.” Imagine a senior Councillor stating “the city is in a battle for its future with four powerful, tightlipped competitors,” one of which is described as your company. Imagine the City’s hired lawyer trying to discredit you by saying in a presentation to your Regulator “that information provided in the bridge company's application is "clearly erroneous, and in other places misleading and inaccurate."

This is personalizing a commercial matter in a most disgusting manner.

THE BRIDGE CO. WILL SUE

I am surprised it has not happened before now given the fact that several of the parties have tried to egg on the Bridge Co. Make them sue so that they really can be described as the enemy who is stalling a border solution. Make them the common enemy as concerns are raised about their actions "not only by people in the neighbourhood, but also among First Nations and archeological groups" as is the most recent example.

Hmmmm, how many times has the City threatened the Senior Levels with litigation. That is not "distracting" in the Mayor's terms I guess. But when the Bridge Co. actually sues, then it is.

The Mayor huffs and puffs while the Bridge Co. acts. Just like with the back-ups. To clear them up on Huron Church Road---what did the City do except whine? The Bridge Co. sued the US government to open new truck booths. I'll take that kind of "distraction" any day thank you.

I heard people say to me over the years that they will never sue. Sure they are litigious but not in Windsor was what I heard. Did these same people forget about the dozen years fighting the Government of Canada over FIRA.

As a former litigator, I was asked why would anyone want to go through the Discovery process and then go in front of a judge at a trial to have one's future decided? They will never start a lawsuit because they cannot afford the bad publicity in Windsor I heard. They won’t sue because the Governments are too powerful and can legislate against them. The Morouns are smart enough to know that the value of their bridge can be diminished quickly and will seek an accommodation with the Governments once the Governments flex their muscles. All the reasons why smart businessmen should not move forward

I guess the lawsuit fooled them

THE LAWSUIT WILL BE FOUGHT IN THE UNITED STATES OR IN CANADA

Now the US jurisdictional move by the Bridge Co. was unexpected. It signals a completely different approach. I wonder what other surprises they have?

It was a “suit filed in U.S. District Court… Estrin was served with paperwork pertaining to the lawsuit minutes before he was to represent Windsor in November at a U.S. Coast Guard hearing.” It was in Cleveland I believe. I wonder how long it took him to tell his other client, the City about it.

I would have thought it would be started in Canada since Gowlings is a Canadian law firm but instead I assume it was US based since Estrin acted in a US matter in a US regulatory hearing to oppose what the Bridge Co. wanted to do in the US. And he did so on behalf of Windsor in the US. Estrin had a choice to use a US lawyer but it seems that he chose to make a presentation personally to the US Coast Guard in the United States.

It should not be that shocking once you think about it. Do you really think that the Bridge Co. is going to litigate only in Canada? Fortunately for them, they are both a US and a Canadian company and so have their choice of jurisdiction. They will go where it best suits their interest.

GOWLINGS WILL NOT BE THE LAST TO BE SUED

We all know that Eddie is next. And he knows it too.

• 
  
  
  "It's predictable -- not just with the bridge, but all third-party interests on this. They will continue to try and distract us so it keeps us away from acting in the best interests of our residents."

Yes it's predictable. Eddie's bravado. Eddie wrapping himself in the City flag to be our saviour. Eddie's Teflon speech where it is not his fault if something happens. YOU, dear reader, have to be made to go to his side. I can hardly wait to read how the predictable Columnist will fume.

The Estrin suit is merely a warning shot, a shot over the bow to get people’s attention. Start with the insignificant and work your way up. Clearly Eddie has figured this out in over 2 months since the papers were served and the Senior Levels will too.

He knows he is at risk. Now certain others will know that the Bridge Co. has stopped being so nice and that they are at risk too. Smears and innuendo are actionable as well. So are bad faith actions designed to delay. The gloves are off.

I wonder if Eddie has shared his concerns with the other Councillors or did they find out about the lawsuit, as an example, when they read the Star the other day. I wonder if Council really has the faintest idea what is going on in the border file. Do they know what is going on now at the Detroit/Windor Tunnel, a City asset that seems to be in trouble with a drop of 10% in traffic? Imagine a Star reporter being given documents and a Councillor having to beg the Mayor for them in a public Council session. Clearly there is no respect for Councillors. What a disgrace!

It will be interesting to see how Eddie handles the pressure when his neck is on the line as he is deposed or on the witness stand. We saw how he reacted to Alan McKinnon at the Tecumseh meeting when he was criticized. Imagine when a real Perry Mason does it to him. His appearances in front of John Fairley on Face-to-Face will be child’s play compared with a tough cross-examiner in an American court-room! Eddie won’t just be skating on thin ice as John suggested, he may be under water!

I can think of all kinds of causes of action to start….some against corporate entities and some against individuals personally.

I have never seen the City’s insurance policy as an example. If it is the usual type of liability policy, it is for “negligence” not deliberate and planned actions. As Eddie claims “The timing on this speaks volumes," Francis said. "It also speaks to the effectiveness of our strategy to protect residents of Windsor.” In other words, Eddie and the City knew exactly what they were doing. It planned its actions. There was no “negligence.”

It may mean, if I am right, and the City is sued, taxpayers are looking at millions in legal fees and possible hundreds of millions in damages given some remarks that have been made. All of it not covered by insurance!

And then it should be obvious who will be next! That will definitely not be pretty as the Senior Levels' files are opened up for the first time.

As a side effect, we may actually find out the truth about the border file by the time this is all done 15 or 20 years from now. I will find out which one of my theories is closest to reality, if any!

Just to make this even more fun for certain people, as was said in the Senate debates:

• 
  
  
  "We have seen decreases in numbers of crossings at various places, including the tunnel from Windsor to Detroit. By the way, the committee that oversees that tunnel is chaired by guess who? The Mayor of Windsor. I would suggest perhaps the Mayor of Windsor may have a conflict as he debates how other people see this."

If the Senators can see the issue that quickly, don't you think the Bridge Co. has as well. I have talked before about the "inherent conflict of interest" that an individual has who is Mayor of Windsor and also Chair of the Windsor Tunnel Commission. [Tuesday, October 25, 2005 Windsor Mayors' Conflict Of Interest.] That may bite some people too if lawsuits get started.

And don't you believe that Eddie does not have a concern about it. Read the Senate transcript of his evidence where he tries to protect himself.

I WANT MY MONEY BACK, AND YOURS TOO

Notwithstanding Eddie’s and the CAO’s spin, are we going to pursue the Gowlings firm too? If in fact they are negligent in doing conflicts searches and must resign from the file, what has the City spent that has been wasted and what will the City spend to educate a new lawyer. Why is it at City expense?

In fact, did our so-called legal technocrat ask Gowlings if there was a conflict in the first place? What steps did our lawyer/Mayor take to ensure that Gowlings could act for us? He knew about Borealis; he knew about DCTC. What else did he know?

Eddie took a calculated risk in hiring Gowlings. He hired them so that the DRTP CEO could not complain that the City hired an incompetent firm. After all, didn’t our ex-Mayor hire Estrin as the City’s lawyer when the border plans of the JMC came out? How could he object to Eddie using him?

Unfortunately, it may now turn out that there was a risk but one that the Mayor did not take into account. Or, if he knew about it, then he gambled and we are losing

THE COUNTER-ATTACK HAS STARTED

Did you really think that Councillor Halberstadt came up with the idea of kissing and making up with the Feds and Province all on his own?

He wrote in his BLOG:

• "members of the new Council, including myself, have asked for a Council session to review the border file and perhaps alter the cloak-and-dagger approach to border issues"



• "At some point we need to stop acting like a petulant child. We need to end our adversarial relationship with the senior levels of government if at all possible and come to the table to discuss technical strategies that will work for all



• It is time for the City of Windsor to take a more conciliatory stance and discuss pros and cons face-to-face with the other agencies, rather than communicate at arms length through expensive legal letters."

Yup, we need to line up with the strong guys, the Senior Levels. I think, but I am not yet 100% certain, that Councillor Valentinis by now has finally figured out why no one will listen to Windsor on border issues!

So Eddie’s new strategy is to line up everyone against the big, bad Bridge Co. Eddie’s motto must be: My enemy is your enemy until they are beaten and then you are my enemy again.

Will the Senior Levels be that dumb to fall for this obvious act of desperation? Will the Windsor Provincial Liberal Cabinet members be that afraid of Eddie and the Star, given an election, that they will buckle under? Eddie is counting on it.

Is this really the City’s strategy you ask? You remember Councillor STOPDRTP who threatened to sue the Senior Levels a few months ago. Not any more. He said on CKLW the other morning that the message he got at the Ward 1 session was “try and work with the Feds and Province.” Now Dave, who was still a Schwartz supporter during the election campaign if you can believe it would never dare make such a statement without knowing that he would not get in trouble over it. He is spreading the new Eddie strategy as well.

Council is on-side now, an new united front. A new Eddie PLAN. Let Marra have the doomed tunnel road idea and let Alan and Dave be the ones to boost their Mayoral chances by suggesting a deal with the Senior Levels.

Geee, don't you find it odd that no one wants to work with the Ambassador Bridge Company who only owns the bridge crossing. It is a shame that Eddie did not read the Senate Report on Bill C-3 or he will know his strategy is doomed to fail. Just like he failed with Schwartz withing days after Sam's presentation.

Eddie is isolating Windsor again as the Senior Levels are discovering that they have to accommodate the Bridge Co.'s interests.

HELP WE NEED A SOLUTION THAT WORKS

The last three years under Eddie Francis have proven that there is no City border plan. Eddie’s only interest so far is whatever deal he can make with Detroit on the Tunnel. The reasons should be obvious. After all, the only significant deal that he made with the Senior Levels was over the Tunnel Improvement Plan. And what did that have to do with trucks going across the border?

Estrin served his purpose and, unfortunately for him, he is no longer needed. He can be replaced by some other hired gun, right. With Sam gone and Estrin going, what is Eddie to do?

The Bridge Co. is not so dumb. They can figure out Eddie’s new Plan if I can. They know how to sue and where and why. And they have the resources to do it and the motivation. Heck, it’s only their company at stake.

If one looks at where the Bridge Co. is now in the process, they are better off now than before Eddie took power. They are in their EA process in both countries and there is recognition that they have the right to build. Where once they wanted to partner with Windsor, now they do not need Windsor. Their opponents are falling away---DRTP and Mich-Can are virtually invisible. They don’t need a Presidential permit or mega-billions to build a new crossing from Governments that have no cash but the DRIC bridge does (By the way, the Star did not report on another significant story in Michigan, but they can go and find it themselves!). Transport Canada’s C-3 attack was muted by the Senate.

If I wanted to put this all together, my interpretation of what the Bridge Co. has done is to say to all of the Governments on both sides of the border: let’s talk or you will force us to litigate.

They will NOT talk from a position of weakness but as an equal. If Government wants to sit down together and work out something that is best for everyone, then they want to do so and now. That is the message conveyed by the Gowlings lawsuit.

The time is NOW, even for Windsor. Windsor can take time and pause and think about what it is going to do. It can hire another lawyer (and even Councillor Jones would be against that!) and waste multi-millions or work with the Bridge Co.

We will see if this Council has any guts unlike the last one that gave into Eddie’s whims. I hope for our sake that they have the nerves of steel of the Council in Hurst’s last term. Those Councillors effectively took over the running of the border file from a Mayor who was out of touch.

We do not need more conflict that will last for decades. We need a consensus and people who are prepared to act in good faith to reach it, one that meets the needs of all of the parties.

That is the challenge that is in front of this Council, with or without the Mayor. Several have already advocated meetings not petulance but without the key player. Isn’t it time they stopped being so afraid of the Bridge Co. and stopped listening to the disinformation being spread? Isn’t it time that they acted as responsible legislators acting in the best interest of Windsor to achieve what they were elected to do?

Isn’t it time for politics to stop and a proper long-term solution reached!