It's March 4, 2003 All Over Again, Part 2

Oh my gosh. My sides are still hurting from all of that laughter. In fact, I almost spilled my cup of tea since I was shaking so hard. Who needs tea leaves now when you have Gord!

I am sorry. I have to do an extra BLOG about Gord Henderson's Saturday column. If you wanted confirmation of the split between the Mayor and Council, the Sheriff just gave it to us.

And if Gord wanted to fuel that fire between them, he could not have done a better job.

Poor Daryl Newcombe. Now he knows why he was given an interview with the Mayor. He was used as a tool by the Mayor against Council so that Gord could write about Windsor's weapon of mass destruction, David Estrin. Daryl's interview was the set up with the subdued Mayor being cast as our downtrodden hero in need of the legal help of our hired gun outside lawyer to save the City from the nasty bureaucrats in Toronto. Daryl got some info, but Gord got the real scoops.

Still, it is better than what we Bloggers get! We have to scrounge for our information, not get it over a cuppa like the traditional media stars. Tea, watercress sandwiches, scones and scoops all on a silver platter just before press time.

While superficially Gord’s column seems to boost the position of the Mayor, BLOG readers know that you have to read much more deeply into what Gord is writing. This column is designed to inflame just about everybody in this City and elsewhere against Eddie. Gord can then look innocent and say “Really. Did I do that?”

Bureaucrats… the faceless wonders are demonized and by name too. I am sure that Peter Wilkinson, Shelly Jamieson, and Bruce McCuaig being the “consummate professionals” that they are will just chuckle at this silliness and not take it out on Windsor. Right!

Of course, this must mean that perhaps MTO’s Fausto Natarelli who is directly involved with the Mayor must be considered Eddie’s friend so he may be in trouble with his superiors since he was not outed.

Sandra and Dwight… oh my gosh…they have not been invited to High Tea with the Premier so they have no power. If that is the case, then why does Gord keep putting the pressure on them to do something. He is wasting the Star’s ink writing about them.

Windsor business leaders… stop talking to Councillors. You are only allowed to talk to the Voice of Council who will ignore you anyway. I’m surprised that these key people were not identified too so that we Windsorites could take out our feelings of animosity against them because they were selling us down the river. Who would ever buy a single thing from them again or imagine how difficult it would be to get a permit from the City to do something. That was the threat wasn’t it. Back off or you will be in big trouble in this City financially if you are ever named.

Nothing like making enemies of the movers and shakers, the people who will help get us out of this recession.

Councillors…we know that there are at least three “weak links.” IE those who have formerly supported the Mayor but are now wavering. However, what I suspect is that these three, who are not the Three Blind Mice, are the swing votes who right now are opposed to giving Eddie the right to sue the Senior Levels. What it has to mean is that the votes are 6-4 at least against Eddie right now within Council. Gord’s column will do nothing more than solidify their opposition to the Mayor’s proposed actions. Otherwise, it will look like they can be intimidated by a mere column in the newspaper.

I wonder which Councillors were as loopy as Gord:

• “Some of us waited with bated breath for news that there had been a meeting of the minds and a compromise between DRIC's Parkway and the city's GreenLink alternative might be within reach at last.”

To whom did the word “us” refer? Which Councillors were in the loop this time around?

Strange, my liberal source ---free with information not Big “L” Liberal--- told me that Eddie already knew that his new Greenlink had been shot down by the Province long before the Tuesday meeting. If in fact that is true, then the Tuesday meeting was a phony designed to accomplish one of Eddie’s unknown agenda items.

Other media… I have already discussed this subject enough. It will be interesting for the Councillors to know whether the media got the information before they did about the Tuesday meeting.

Windsor citizens… I am outraged that there was a leak about the new Greenlink plan before it has ever been presented to Windsor citizens to see if we are supportive. I guess it doesn’t matter what we think after all… we can just pay the bills. It’s pretty much like the canal vision. Eddie decides and we must follow like it or not.

Thanks Gord, now we have an Integrity Commissioner matter because of your comment “according to my sources.”

DUHHHH I wonder who that person was who leaked the confidential City information and who gave that person authority to reveal this confidential City data. That could seriously prejudice our negotiating position! Junior should be livid.

Council has no choice now but to demand that an investigation be undertaken. What gall to reveal information to one taxpayer, merely because he writes a newspaper column, and not to reveal it to all the rest of us. It is very detailed information as well. The length of the Schwunnels has been reduced to 2800 metres and the difference in cost is only $150 million.

The Ambassador Bridge Company… last but not least they have been told that David Estrin is still working for the City notwithstanding the Court of Appeals decision in the United States. If this is true, then the damages to which this City may now be at risk have just increased dramatically if the Bridge Company wins in its case.

Have the Mayor and Council put themselves at risk personally too now if Estrin is still acting? Would this be considered as deliberate acts to hurt the Bridge Company after the Appeals decision warned them of the risk of keeping Estrin on? Has the City obtained an outside legal opinion supporting this?

What Greg Heil did certainly should look appealling to Councillors now if a decision is made to use Estrin! I would certainly suggest demanding a recorded vote on the Estrin matter and express my opposition if I was in their position if I wanted to escape liability!

In the end, this all really all comes down to one thing. it has nothing to do with the DRIC Road or Greenlink or the new Greenlink. Eddie has known for a long time that he has lost out on that and there is still time for him to arrive at a “compromise.” After all, this intense pressure by Henderson’s column can be used by Eddie to say that he forced the Province to do something even if they make the tiniest of changes to the Greenlink proposal. He turns into our saviour, all accomplished by him personally in spite of a weak-kneed, turn-coat Council.

It all comes down to David Estrin. Look at the last two lines of what Gord wrote:

• “Apart from the power of public opinion, Windsor is left with but one weapon in this fight, David Estrin, the guy who wrote the book on environmental law in Ontario.
  
  But what a weapon.”

Hardly. That weapon may have no bang in it considering what the US Court of Appeals has said:

• "There are some conflicts of interest to which a client may not consent. Thus, the district court was only partially correct when it stated “that a client may impliedly waive its consent to an attorney’s conflict of interest,” J.A. at 589 (Order at 6), because it ignored the question of whether Gowlings’s simultaneous and adverse representation of CenTra and Windsor was in fact a conflict to which CenTra could consent. We hold that there is a genuine issue of material fact as to whether Gowlings’s conflict of interest with regards to the Bridge Plan was one to which CenTra could consent...”

Now I understand that retaining Estrin to fight the Province may not seem to impact the Bridge Company directly but it would in my opinion. Don’t forget, the City does not want to build a road to the Ambassador Bridge. The Bridge Company could still make the argument that even with Estrin’s opposition to the Province’s road, which is not about the road’s route but on its manner of construction, Estrin is helping the City and the Province build a road away from the Ambassador Bridge to its detriment. Accordingly, Estrin should not act.

If the Court of Appeals is correct and the facts support what the Court has said, then Estrin is in serious trouble and so is his law firm. The conflict could not be waived.

Why would the City want to continue to be in this mess and run-up damages and why would it not want to retain another top-notch environmental lawyer in Ontario? They should and they should do so immediately even if it is just out of an abundance of caution.

The reality is that Eddie and Estrin are tied to each other at the hip. Eddie does not dare get rid of Estrin and that is one of the reasons why Estrin "fired" the Bridge Company as a client. They are in this together all the way.

So how does Eddie redirect attention away from himself and try to help out Estrin. Simple. Get Council to pass a Resolution authorizing Estrin to act even AFTER the Court of Appeals decision is reached. Then it is not the fault of Eddie "I am a lawyer" Francis if the Bridge Company gets a huge punitive damages award but that of Council!

If Council will not do that after an in camera meeting when Eddie asked, then surely it is expected that Gord will shame them into it after his Column if they want a political future here. Which "weak link" could resist that consequence! Better to toe the line

I can go back to juices now. No need to drink caffeine thanks to Gord's insights.

Can you image though. All of those machinations and the planning required just for this one simple point. No wonder nothing of substance ever gets done here.

It's March 4, 2003 All Over Again

In case you have forgotten, that day was a Tuesday. Because Premier Ernie Eves was in town on the Monday to accept an award, and that night was memorable for a number of events that took place, the regular Monday Council meeting was rescheduled for the next day.

When Councillor Charlie Hotham stood up to then Mayor Hurst and told him in no uncertain terms that there would be a vote that night on a number of border matters, Hurst’s mayoral career ended. From that night on until the end of his term, Mike could not win a vote on anything that he was interested in, no matter what the subject.

The whole episode around that evening became very controversial and right in the middle of it was then Councillor Eddie Francis. He should have recognized when he became Mayor that he should never allow such a split with Council to happen to him.

Has he forgotten that the lesson of history? Has he so conducted himself as Mayor that Councillors have finally had enough? Has the rebellion started such that our Mayor is now in the position that Mike was in just over five years ago?

Ironically, it may be the border issue that will bring Eddie down the way the border issue did with Mike.

Unfortunately, citizens may never know for quite some time what the answer is. With Mike, it was easy. It happened in public at a Council meeting. I saw it happen live because I was in the Chambers that night while many others watched it on Cogeco Cable TV. Still others could learn about it through the traditional media who reported on it the next day.

However, with this Council. Things are still done in secret, in in camera sessions, behind closed doors. What we have to do is to try and guess what is going on.

Two strange events that have taken place last week that may give us a hint of what is going on:

1. the offer from an unnamed person to buy the City’s parking garage that was presented to Council ( We now know that it was the Mikhails who wanted to be the purchaser thanks to Gord’s column disclosure)
   
   
2. Eddie’s interview on EH News where it appears that DRIC rejected his latest compromise Greenlink solution.

I must admit that the parking garage matter was most bizarre. I am not sure that I understand why the matter was even brought in front of Council the way it was. That is not how the City ought to do business. Why the proposal was not rejected out of hand before it even got to Council is beyond me.

I suspect that it may have had something to do with respect to the TD Bank building that is to be constructed downtown because whoever controls that garage might have a leg up on getting the Bank of business.

• “What's the first question everyone asks me? 'Where's the parking?' I want to be able to say to those people (CEOs and boards of directors) that I have control over parking, to induce them to go downtown," explained Mikhail.”

It is not really worth speculating about.

The Henderson column was quite brutal I thought to members of Council if one wanted to look at it at way:

• “Money is apparently not an issue for the Velcro-sealed minds on council who turned thumbs down this week to an offer from Mikhail Holdings Ltd. to acquire the 578-space parking structure at Chatham and Goyeau as a tool to lure white-collar investment to Windsor.
  
  Note and file. With those slam-the-door words, council told developers Joe and Lou Mikhail, without even finding out their names, to take their money and their big ambitions for downtown and buzz off. In the end, only three -- Fulvio Valentinis, Dave Brister and Alan Halberstadt -- had the smarts to want to pursue the issue further and at least get some questions answered.”

However, this was one of the Sheriff’s columns. He was at the head of the Star Reporter posse again leading the charge provided you understood what he was really saying. Forget the rest of the column; here was the key line. It comes from Joe MikHail’s mouth, not Gord’s to protect the innocent:

• “Mikhail said Mayor Eddie Francis and CAO John Skorobohacz are a pleasure to deal with. But it bugs him to no end that councillors weren't prepared to learn more.”

What this tells me is that there is a significant split on Council that we had never seen before. Eddie did not get his way. What Eddie has done throughout his entire mayoral career is to try desperately to maintain a façade at least of unity amongst the Councillors. He did not want his term in office to be called dysfunctional caused by a split Council as happened under Hurst. So while seemingly attacking Council, the Sheriff is telling us that there is a split with the Mayor.

Wishful thinking on my part? Perhaps. But I would not be making the comments I am making based on this alone. It was the television interview that clinched it for me.

What a wimpy performance by the Mayor. Some called it sombre, others called it subdued while others called it defeatist, as if he knew it was all over. Here he is spending of thousands of taxpayer dollars again on a new Greenlink proposal and the Province rejects it out of hand with the Mayor saying that he doubts if they will ever change your mind.

The old Francis would have denounced DRIC and the Province in language that I could not post because this is a G-rated BLOG. After all, instead of being pleased as the Chief of Police was about having a new Jail in Windsor that would create jobs here, Eddie denounced the Province because it might cost a few extra dollars to transport prisoners to the Courthouse. He could have come up with the solution that the Chief did which was to ask the Province to pay for the costs. Instead, he whined and was a naysayer.

Why didn’t he do this with respect to the DRIC rejection of his new brilliant Greenlink compromise solution? I did not hear David Estrin’s name thrown around. I did not hear about another threatened lawsuit or Statement of Claim being issued. He just whimped out and said that the City would present some material to the Minister of the Environment for him to consider.

How could this be? Clearly Eddie was the Voice of Council and did pretty much did everything he wanted to do with respect to the border matter. He would go to Council and update them when he thought it necessary and get a Council Resolution when matters got iffy. After all, if something fell apart he would want to blame it on Council. And what would be better than a nice Council Resolution to which he could point and say if things turned out badly

• “It is all of their fault. They voted on it. They made me do it.”

Accordingly, one has to believe that Eddie would never start a lawsuit on his own. He would, for his own protection, get Council authorization or perhaps even a Council Resolution that he could wave in the face of the DRIC guys if push came to shove.

One has to make the assumption then that he went in front of Council in the in camera session on Monday and told his colleagues that he was going to be meeting with the DRIC on the Tuesday. I am certain that there must have been conversations that had been undertaken between the City and DRIC before Monday so that Eddie would have a pretty good idea of what DRIC’s position would be during their meeting. Alternatively, Eddie would want to cover himself for every eventuality.

Whichever is the real situation, and it does not matter, Eddie must have asked for permission to threaten or even sue DRIC if they did not knuckle under to his compromise. And this time, I am sure that he must have told Council, he was going to litigate. After all, how many times can he be allowed to “Cry wolf!”

Clearly, given his poor performance during the Daryl Newcombe interview, Council rebuffed him and did not give him the authority that he must have demanded. Instead, it seems that Council must have told him NO to litigation.

I can just imagine how furious our Mayor must have been when he did not get his own way. It would have been interesting to know who is this Council’s Charlie Hotham! Someone would have had to have led the charge.

I wonder if there was a vote and, if so, how many opposed the Mayor. I doubt if the Mayor actually called for a vote because if he had then it would be officially written in the in camera Minutes that he had lost. Presumably, everyone was doing number counting as Councillors were speaking and it was clear that the Mayor would not get his majority.

Was it a matter of trust? I remember for example that the issue of trusting Eddie came up with STOPDRTP around the time of the Schwartz Report. There was a real split within that group about the answer. Did the same issue arise at Council? Did the majority of Council no longer trust the Mayor to be able to do the job? Can it be considered that if a vote took place, it was a vote of non-confidence in his ability? Has Council finally realized that Eddie has failed on the border and that he is dragging down their careers along with him?

Was it annoyance? Were some of his colleagues finally tired of accurate but narrow answers from the Mayor? Imagine how they must feel if they only found out about the results of his Tuesday meeting by watching television news. Did they consider that his interview on television was designed as a pressure ploy to force them to reconsider what they had just agreed upon a few days before.

Was it fear? Did someone to talk to them and say that if there was litigation, then the Senior Levels would walk away as was suggested by the MITI Minister’s Office call to Chris Schnurr?

Was it self-preservation? Perhaps Councillors were contacted off the record by private industry who is fed up with a nonfunctioning border or the construction industry who is losing out on all of this work or the unions who want those 15,000 jobs. They understand that they cannot make enemies of everyone in this City and expect to be reelected!

I wish I knew what the answer was. But I don’t. I can only speculate and read tea leaves. In Windsor, with this Council, even if they oppose the Mayor, they only do it in private. So far.

It will be interesting to see if the advocates of open and transparent Government finally have the nerve to let the people know and to let us see what is really going on.

In the meantime, if you see me ordering at a restaurant a cup of tea, then you will know why. I am becoming more involved in tasseography.

WE-DRIC: Windsor-Essex District Regional Incarceration Centre

You read it here first! Another BLOGMeister world exclusive!

BLOGExclusive

Mayor opposes Province's WE-DRIC project
Estrin/Schwartz team rehired to fight Provincial EA process

Mayor Eddie Francis is outraged and has demanded that his choice, Brighton Beach, be used to house the new, co-ed Windsor-Essex District Regional Incarceration Centre (WE-DRIC) if in fact studies demonstrate that there is a need for a new Jail.

"Why do we need to disrupt the Community by constructing a completely new Jail. Look at the waste of taxpayer dollars when rebuilding the old one is perfectly satisfactory. If we need a new one, then perhaps building it right near the old one makes the most sense. Logistically, Brighton Beach works out the best for everyone."

"Can you imagine putting this sprawling WE-DRIC facility in the City's newest downtown on Walker Road," fumed Francis. "Shoppers will flee from this area like the plague. I can just hear it now. "Attention shoppers. This store has been locked down because of a prison break!" It is bad for business and bad for investors.

We demand a Made in Windsor solution, not one imposed by Queen's Park bureuacrats. If we do not get it, then I will have no choice but to ask Council for instructions to have our well-known counsel study this situation carefully and provide us with a position paper outlining every possible alternative up to and including massive lititgation. We will have this study undertaken forthwith and will have a Report back within a very few months which we shall provide to Council so they can take the appropriate legal action."

Francis has retained David Estrin, without consulting with Council first because of the emergency, to fight the proposal to put the WE-DRIC jail at Walker and Highway 401, the area of Windsor's Big-Box stores. Estrin expects that his fees for the WE-DRIC EA process will only approach that incurred for the DRIC opposition but ought not to go higher. In this case, after doing a conflicts check, he is not aware of a problem so he is confident that he can act for the City.

"The Senior Levels have again decided to impose arbitrarily a solution on local Windsor residents." said Estrin. "Government inmate traffic figures are exaggerated. We have demonstrated conclusively that inmate volume has decreased as crime has dropped in Windsor by 19.4 per cent. We do NOT need a bigger facility. We merely need to rebuild the existing one. Who can oppose replacing an 83 year old building with a new one. It is like replacing an old factory with a new one. It is the right thing to do. It is irresponsible not to do so immediately!"

Estrin will retain Gridlock Sam Schwartz to protect solicitor-client privilege to come up with the Made in Windsor solution to this problem.

"I do not understand why they cannot put this Jail completely underground, Schwartz proclaimed. "If Windsor can be the terminus of the Underground Railway, then there is no reason why we cannot be home of the Underground Jail. Marin County, near San Francisco, has one near its Frank Lloyd Wright-designed Civic Centre. Windsorites can have our own "Jail Hill" here too. We are entitled to it. We are owed it. We should demand it. Windsorites must "THINK BIG," Schwartz said until he was reminded that he had used that line before in Windsor.

The Councillor formerly known as Councillor Budget believed that "the money for lawyers and consultants can be found without increasing taxes if we do not buy any books at all for the Library system. Who needs books if Windsorites are the most illiterate in Canada!"

Councillor Ron Jones was shocked. He claimed that Council understood that "The jail was to be located in Sandwich to replace the old one located in Ward 2. We West Enders are people of great conviction too. We need a jail here."

Chief Gary Smith of the Windsor Police Department was quite upset, expecting jail numbers now to sky-rocket. The WE-DRIC facility is a co-ed jail of 315 beds. "Can you believe the parties there especially on weekends if it is co-ed? Why Americans will be getting drunk here in droves to be locked up for Friday-Sunday nights!"

Sandra Pupatello was furious at the Mayor's reaction. "Didn't the Mayor attend the Maurice O'Callahan happiness session at the City of Windsor event at the St. Clair Centre for the Arts the other day? If not, he should have. Why can't he "adopt a "cultural shift" and start thinking positive thoughts and focusing on making things good rather than hopelessly moping about the bad," Windsor's MITI Minister exclaimed.

Minister of Finance, Dwight Duncan was outraged at the Mayor's negative reaction "THE MAYOR IS WRONG, THE MAYOR IS WRONG."

Councillors have been surprisingly quiet. Rumour has it that a number of them have been approached by WE-DRIC Officials and told off the record that if the Mayor continues to protest, the WE-DRIC jail will be moved to the lands in Tecumseh where Project Ice Track was supposed to have been constructed. They are terrified that Windsor could lose all of the high-paying construction jobs and the on-going jail services employment. Tecumseh Mayor McNamara was said to be unavailable for comment.

READ THE HENDERSON COLUMN FOR GORD'S REACTION

Windsor's new Welcome Centre, a Jail!

Can you imagine a visitor or potential new business investor just arriving off the 401. The first impression of Windsor will not be a Parks Department WOW-Factor Garden but the sprawling walls, bars, barbed wire and gun turrets of a MegaProject WE-DRIC jail.

Those snivelling bureaucrats from Toronto have done it to us again! Oh they have a criminal sense of humour. First DRIC, Now WE-DRIC!

Bridge Company's Michigan Win

How can that be you say? DRIC lives on for another day. Why would I say that the Bridge Company was successful.

Read on oh you skeptical BLOG reader and understand that this was just a skirmish. The real fight has only just begun in the DRIC war in Michigan. The machinations going on in the Michigan House and Senate have just set out the battleground for the fights that are to take place.

For Michigan taxpayers, it is a shame that the Governor and the House Democrats did not have the courage to end the DRIC project and to stop the draining of millions of taxpayer dollars to support a project that makes no sense.

It is a shame for Canadian taxpayers as well because if DRIC was killed on the other side of the river, then presumably it would have died over here as well.

I guess the theory is that if one is in for 60 plus million dollars for the studies to date, then one should be in for a few more millions of dollars to continue on. Otherwise, taxpayers would ask why all of this money was wasted and the studies were not completed. At least, by the time that the studies are done, we will have something to use 50 or 60 years from now when it might be necessary to build a second bridge across the River. That assumes that the Governments protect the DRIC corridor.

I’m sure that the Bridge Company people were also hopeful that the Senate Republicans would be successful. For obvious reasons. However, I am certain that they were realistic enough to understand that the likelihood of killing DRIC was remote in an election year when MDOT was flooding the media with stories about how transportation projects across the State were going to be put on hold, including the Ambassador Gateway project. Which Legislator wanted to be responsible for that:

• “Construction in Michigan Could Come to a Stop
  
  All construction in Michigan could stop if state lawmakers can not agree on a bridge in Detroit.
  
  The state budget is done with one exception, but that exception is a big one. Lawmakers are supposed to have the new budget hashed out by October first but Michigan Department of Transportation spokesperson Bill Shreck says thats too late, and a delay could cost tax-payers a fortune. The hold-up is over a proposed bridge project. MDOT wants to work on the Ambassador Bridge that connects Detroit to Windsor Canada and add a second bridge in the same area.
  
  Bill Shreck told us. "We need both the Ambassador Bridge's replacement span and also a second span at that crossing because it's so important to Michigan and the United States economy…"
  
  If the transportation budget is not finalized by september 26, all MDOT construction will stop. That includes not only the highway's but also shutting down all rest areas, and closing some bridges.
  
  "Except for a few things that are critical to public safety, virtually all of our operations." Says Shreck.”

Was it worth it for the Republicans to fight the battle and get the bad publicity right before an election? Get real. However note the major concession made by MDOT:

• “We need both the Ambassador Bridge's replacement span and also a second span at that crossing because it's so important to Michigan and the United States economy…"

Now the Department has no excuse, as they tried to present in front of Senator Cropsey, and they must help the Bridge Company expedite the building of their Enhancement Project.

Did the Senate Republicans accomplish anything? The answer is clearly yes. The public is now being better informed about what the costs of the DRIC project are to the State of Michigan. That really has not been discussed to a significant degree before. It now is out there and the public will have to decide as the fight escalates whether it makes sense for the Governments to spend billions and to lose billions or whether private enterprise should do the job at its expense.

When the next battle is fought, around this time next year when the MDOT budget has to be reviewed, it will be much easier for the Republicans. As an example, the Detroit News got it:

• End squabbling, move Michigan roads budget
  
  We don't need to build a new bridge across the Detroit River immediately. We do need to pass a state transportation budget immediately. The budget should not be hostage to a dispute about the bridge.
  
  The Metro Detroit region may need an additional river crossing at some point, but the fact is that traffic is down on the Ambassador Bridge. Between 1999 and the end of 2007, traffic volume declined 49 percent.
  
  Still, the private owners of the bridge, the Maroun family, have vowed to build a second span next to the current one and increase capacity by two lanes. They have already invested more than $500 million and their staffers have been quoted in a Windsor newspaper article, posted on their Web site, stating that they plan to have the project completed by 2012.
  
  Given these facts, the Legislature should be wary of committing additional dollars without further review for an additional span to be built less than three miles away from the Ambassador Bridge. State Sen. Alan Cropsey, R-DeWitt, a member of the transportation bill conference committee, told The News a new span could cost as much as $2 billion...
  
  But the costs and benefits should be carefully thought through; an additional bridge crossing shouldn't be built simply to provide temporary jobs. The effects of such a crossing on the economic viability of the Ambassador Bridge and the Detroit-Windsor tunnel should be part of the calculation."
  
  More importantly, the Senators inserted language into the budget that puts in black-and-white the requirement of MDOT to come back before the Legislature quarterly and not to do anything on the construction of the project without legislative approval. One would have thought that that was rather obvious except one should remember how hard it was for certain MDOT reps to say that in front of the Senator during his hearings.

Isn't it nice to finally have some Legislative oversight on a Megaproject that has cost taxpayers on both sides of the river over $60 million:

• finishing the DRIC study shall not bind the state in any way to construction


• The department will report on a quarterly basis to both the house and senate appropriations committees on any expenditures relative to the process identified in subsection


• advanced property acquisitions that are hardship or opportunity purchases are allowed as long as they do not bind the state.


• The department will notify, in writing, both the house and senate appropriations committees within 30 days of any advanced property acquisition purchases.


• The department can not enter into any binding commitment to construct the crossing until authorizing legislation is enacted into law.

As the Senate Republican said in a Statement:

• "Senate Republicans today succeeded in ensuring that no taxpayer dollars would be spent to fund any construction or any part of a proposed second bridge crossing from Detroit to Canada without first gaining legislative approval," said Bishop, R-Rochester. "Today's action is by no means an endorsement of the DRIC project. The Senate isn't in the business of writing blank checks to fund another 'bridge to nowhere," he said."

For the Bridge Company, what happened in the Michigan Senate is reminiscent of what happened in the Canadian Senate. In both bodies, the legislation went through as should be expected when the Executive and the Department puts all of their resources against you, but the Senators put in some very strong statements on the Record that would support the Bridge Company position if litigation takes place in the future. More of that in another BLOG.

I'm not that familiar with the American system but I have never seen civil servants go after legislators the partisan way MDOT did during the debate of this issue. Do politicians carry grudges? We'll find out when the MDOT Director and his staff appear in front of Senator Cropsey's Committee in the future.

How Public Authorities Keep Tolls Low

I really do find it amusing when Brian Masse and others complain about tolls in Windsor. I also find it hilarious when a Government official talks about how a new DRIC bridge will be paid for:

• "Shreck wanted to correct any perception the new DRIC bridge would drain funds from other Michigan road projects: "Any bridge that is built will be financed with bonds and paid for by tolls, not state and federal gas tax funds, so it will not affect any other road projects."

Of course that assumes that someone will use the bridge since their tolls will be several times higher than that of the Ambassador Bridge unless Government subsidizes its operations.

They really want to be able to slam the Ambassador Bridge Company for having the highest tolls in Canada but can't do so because the round-trip tolls at the Cities-owned Tunnel are higher.

Of course we know why the Ambassador Bridge tolls are high... the owner reinvests in his bridge so that he can build Customs booths to end traffic backups, increase the number of booths on both sides of the border in advance to minimize traffic slowdowns and to pay for maintenance and upkeep. He does not want to be caught again as he was along with other border operators after 9/11. Then there are these tiny projects like the Ambassador Gateway and Enhancement Project that he has to finance.

Before I get another outraged letter from a Public Authority official, they look after their crossings too. However, it is a lot easier to keep tolls down when one does not have to charge the actual user for all the costs for changes as a private operator has to do. As examples:

• $30 million, $10 million from each level of Government, for Tunnel Plaza Improvements (which have now been delayed for years since the costs have escalated I believe and the City does not appear to have the money to pay for its share according to its Documents)
• an application to the Province by the City of Windsor for Government funds for at least $75 million so that it may enter into some kind of unknown transaction with the City of Detroit with respect to its half of the Tunnel
• $90 million dollar “earmark” the Peace Bridge is seeking from FHWA – complimenting the $76 million Canadian contribution
• $430 million plus for the Port Huron Plaza improvements (Note that not all of the money is plaza related but is bridge related)
• who knows how much the new DRIC Bridge will require even after P3 money and how much taxpayer money will be required to subsidize this bridge and the other crossings since there is not sufficient traffic to support all of them.

Remember what I wrote about the Soo bridge. Guess who will ultimately have to come up with the money:

• "When we consider all of the combined costs for scheduled projects to keep the aging bridge and support facilities structurally sound and safe, we are looking at expending over $60 million in the next 15 years," says Becker. "Given that nearly $4.5 million of the $6 million annual toll revenue goes into the day-to-day operation and maintenance of the bridge, we have little opportunity to put funds in reserve to meet these future needs."
  
  Becker also noted that the $60 million capital project program does not take into account the $40 million cost to replace the Canada Border Services Agency plaza, for which federal funding is being pursued."

Here is what prompted this BLOG:

• Federal Government Delivers Support for Improvements to Queenston Plaza at Queenston-Lewiston Bridge Crossing

NIAGARA-ON-THE-LAKE, ON, June 25 /CNW Telbec/ - The Government of Canada and the Niagara Falls Bridge Commission are pleased to announce funding for the second phase of the redevelopment of the Queenston Plaza at the Queenston-Lewiston border crossing.

Funding for several improvements to the bridge complex and facilities was announced today by the Honourable Rob Nicholson, Member of Parliament for Niagara Falls, Minister of Justice and Attorney General of Canada, on behalf of the Honourable Lawrence Cannon, Minister of Transport, Infrastructure and Communities, and Ms. Janice Thomson, chair of the Niagara Falls Bridge Commission (NFBC). Contributions to this cost-sharing initiative include up to $62 million from the Government of Canada and $12.9 million from the NFBC.

Phase One of the redevelopment commenced in March 2007 and entailed the construction of new toll, parking and commercial inspection facilities. Phase Two includes the construction of a commercial vehicle secondary inspection warehouse, additional passenger primary inspection lanes, a new central building for the Canada Border Services Agency, a new animal inspection
facility and the installation of a wall to separate traffic bound for Canada and for the United States.

"Since 2006, our government has taken swift action to improve our border crossings and gateways to enhance the flow of vehicles, people and goods between our country and the rest of the world," said Minister Nicholson.

"Today I am proud to announce funding for the Queenston-Lewiston bridge that will relieve traffic congestion, and make the flow of goods and passengers across the border more efficient and secure."

"The Queenston Plaza initiative is a critical component of the rebuilding of the Queenston-Lewiston border crossing, the most significant project that the Bridge Commission has undertaken in recent history," said Ms. Thomson. "We believe that the complete rebuilding of the Queenston Plaza complex is of vital importance to the binational trade relationship between Canada and the U.S., and to the expansion of trade in the future."

She added, "We are pleased that the Government of Canada shares our commitment to building infrastructure that supports efficient movement of commercial and passenger traffic at the border. Today's announcement continues the successful partnership between our agencies and reflects the responsiveness of the government to the critical need for substantial improvements in infrastructure."

The Queenston-Lewiston bridge is the fourth-busiest Canada-United States commercial and land border crossing. In 2007, bridge traffic accounted for approximately 920,000 two-way commercial vehicle crossings, or approximately 2,500 commercial vehicles per day, representing Canada's fourth-busiest commercial border crossing. Improving the existing plaza will allow the NFBC to take advantage of additional capacity provided by the recently constructed fifth bridge lane.

This project is funded under the $33-billion Building Canada plan through the Gateways and Border Crossings Fund. Building Canada, which will support a stronger, safer and better country, was established to provide long-term, stable and predictable funding to help meet infrastructure needs across Canada.

The $2.1-billion Gateways and Border Crossings Fund works to improve the flow of goods and people between Canada and the rest of the world and is a key element of this government's Building Canada infrastructure plan.

Federal financial support for the expansion of the Queenston Plaza is conditional on the initiative meeting all applicable federal eligibility requirements under the Gateways and Border Crossings Fund, a federal due diligence review of the project and meeting all other federal requirements, such as an environmental assessment required under the Canadian Environmental Assessment Act and the signing of a contribution agreement for the project."

Has the Voice of Council Been Silenced

Did you happen to watch the EH-News last night. It was fascinating to watch the interview with the Mayor. If you wanted to see someone who has totally lost in everything that he tried to do on the border and wasted millions of taxpayer dollars doing it, there was our Mayor. He looked completely defeated and sounded it as well.

If you can, watch the full interview. It is a completely different Eddie Francis than I have seen before. http://www.atv.ca/windsor/news_62399.aspx Moreover, if I was the Eminence Greasie I would tell Eddie NOT to be interviewed by Daryl Newcombe any more. Daryl destroys him every time just by letting Eddie speak! Even offering Daryl a scoop re the new Greenlink "compromise" plan did not earn Eddie any favours!

Perhaps Eddie will go back just to giving the Star the big stories. As for the poor Bloggers in town, no one wants to tell us anything. We just have to keep trying to figure it all out by reading tea leaves.

How many tens of thousands of taxpayer dollars for consultant fees and trips to New York and elsewhere were wasted on creating another variation of Greenlink? Can anyone believe our Mayor when he says that something is not negotiable after he effectively caved in? He has lost his credibility as a negotiator.

I wonder if City Councillors were aware of what was going on and approved the spending of that money. Did they know about the Tuesday meeting in advance or the results or do they have to depend of the media as we all are forced to do?

I am so glad that the Mayor is going to share this new concept of a roadway with us especially after the Province has rejected it. I’m not sure what the purpose of that exercise is except to show us some pretty new artists’ renderings. I wonder if the CAO was asked to approve the payment for them as well or did Council authorize it.

What was also interesting to me in the clip above was the lack of legal threats especially when he said that he does not see DRIC moving at all. I did not hear him threaten to start a lawsuit or suggest that his lawyer draft a Statement of Claim to be ready to serve it. It would seem that the Mayor has finally realized that he can no longer use David Estrin after the Bridge Company won their victory in the Court of Appeals in United States. Whom will he use now?

Perhaps I could get my $25 back as my share of the Estrin legal costs now.

In listening to the full interview, there is no doubt now that the Province is merely tolerating the Mayor. They don’t really care what he has to say. He seems to have lost his bargaining position with them. I do not understand why the Mayor proposed what he did in any event since the Province was clear that they had no intention of having Schwunnels of a kilometre in length. Eddie is still proposing three of them.

I hope this means that the Greenlink sign will finally be taken down from the Council Chambers. He really should do it immediately because it is a symbol of another disaster for which he has to take the responsibility and the blame as the Voice of Council. He wanted the title… he gets the loss.

Again, if you had listened to the full interview, you would not have heard the word “Council” mentioned at all. That was a surprise to me since Eddie usually likes to pass the blame onto others.

The best that he can do now is submit something for the Minister of the Environment to take a look at. We know what the Minister will do with that!

Of course, I don’t expect the Mayor just to sit there and take it. He’s got to come up with some brilliant alternative. He must have a PLAN, Eddie always has a PLAN. I can hardly wait to see what it is and how much is going to cost us.

To tell you the truth, I am still very suspicious of all of this. There has to be more going on than we know about. But then again, we are mere taxpayers. Who cares what we know.

Items Worthy Of Note

More noteworthy items for your reading enjoyment!

CITY TRAINS CITIZENS TO WORK AS SCABS

I am certain that just about everyone in this City knows what a "scab" is

• "A person hired to replace a striking worker"

Or as Jack London wrote:

• "A scab is a two-legged animal with a corkscrew soul, a water brain, a combination backbone of jelly and glue. Where others have hearts, he carries a tumor of rotten principles."
  
  "When a scab comes down the street, men turn their backs and angels weep in heaven, and the devil shuts the gates of hell to keep him out...
  
  a scab is a traitor to his God, his country, his family and his class."

I certainly hope that the City outside workers' union did not agree to this tree planting venture. They are being set up. I am certain that they read in Henderson's column recently a remark by a certain unnamed Councillor who effectively said that there is going to be a strike in January.

Of course the City is starting already to pressure the Union. They are taking away union jobs to plant all these trees, and at overtime rates too on a Saturday, and having it done by citizen volunteers at no cost to the City. What a way to keep this matter on time and on budget to preserve the political career of the Councillor formerly known as Councillor Budget.

Of course, there will be no maintenance required at the East End Arena. They are undertaking a pilot project on the weed infested WOW-FACTOR gardens on Dougall to see if anyone notices. You see the Arena is to have a

• “Focus on Naturalized Landscape at WFCU Centre”

After all, what could be more natural than weeds?

But if you think that this is all that this is about, guess again. Take a look at this sentence

• “Parks and Recreation will organize local volunteers into work groups.”

Do you see the word “organize” and “worker groups.” That gave it all away.

Yes, management will get the names of all of these volunteers and put them into special groups that they can call upon if the City workers dare go on strike. First, Parks and Recreation. Then we will have special litter volunteer work groups who will be organized to pick up garbage. Then patches volunteer work groups for pothole fixing. When you see a press release asking for people to shovel, then you know that volunteer snow work groups are being set up for the January snow falls.

City Hall is not worried about a strike. Citizens volunteers will graciously take the jobs of City workers.

Who will complain and stand up for the Unionists. Not taxpayers because this will keep taxes down since wages don't have to be paid to volunteers. Who cares about the workers since, according to Henderson, "many of whom don't live in Windsor."

So the Workers better settle right away or this will be a long, long strike. Eddie has won even before the strike starts. What a planner.

PRESS RELEASING A PRESS RELEASE

It’s enough already. Give Eddie his new PR department, quickly.

I have never seen anything like this before. Perhaps it is a new style of communications. Here is what is on the City’s News Release page:

Then when you click on the link, here is where it takes you, back to the July 29 press release:

The funny part is that the July 29 press release doesn’t show up on the News Release page now at all. It has disappeared completely.

Weird.

NEVER USE GREENLINK

Here's another story that should scare you if you chose to use Greenlink, if it is ever built, to go to the United States. Moreover, it should terrify you if you and your children ever decided to use the parks over the Schwunnels ie the kilometre long tunnels that are being proposed to improve the quality of life of Windsorites.

The problem is that an accident can happen at any time and the consequences can be horrific. Remember that the new DRIC bridge is supposed to be able to carry hazardous materials too!

• Tanker burns on Lodge overpass
  FREE PRESS STAFF WRITERS • September 23, 2008
  
  Firefighters averted a potentially damaging explosion this afternoon, dousing a fire in the cab area of a rig hauling thousands of gallons of gasoline on I-75 at the Lodge Freeway in Detroit...
  
  Reda said Ayoub told him that as he was driving, the engine started smoking so he pulled over to investigate. When he discovered the fire, he tried to put it out with a fire extinguisher but was forced to call 911 when it began to spread.
  
  Reda said the truck was carrying 11,000 gallons of gasoline.
  
  The blaze this afternoon was contained to the front end of the truck; its gas tank apparently fueled the flames, which firefighters put out with water and foam."

DO NOT DARE CROSS DRIC SUPPORTERS

What a silly Letter to the Editor Terry Kennedy wrote in the Star.

It was totally predictable that Greg Heil would be smeared. But if someone wants to do the job, at least be accurate.

It seems that Mr. Heil is a lot more aware of Sandwich “politics” than is Mr. Kennedy. He resigned because he did not want to be caught up in the litigation that will obviously be started in which the Heritage study will be one of the factors that the Bridge Company will use to show bad faith on the part of the City. Mr. Heil was very clear on this point such that I thought that Terri would understand it:

• “I have a grave concern about potential political influences tainting the outcome of this study, which may jeopardize the heritage welfare of Sandwich," Greg Heil said in his resignation letter.
  
  I'm also concerned about the likely vigorous litigious fallout to which I could find myself personally exposed if I participate."

Terry proves Mr. Heil’s point about the improper use of the Heritage study and about meddling in my opinion when he states:

• “For Mr. Heil to call it "meddling," when people need protection from the Ambassador Bridge Company…”

Then the ultimate insult of all was used especially to someone who said “he has no sympathy for the bridge.” To Terry and the West End activists and politicos, unless you do exactly as they tell you and hate the Bridge Company, then you are nothing more than a Bridge Company supporter:

• “I wasn't surprised at Mr. Heil's cynical view. His "inconvenience of residents of Sandwich" remark is an insult, which betrays his true allegiance.”

MAKE THE BORDER THE ISSUE IN ESSEX

It did not take very long before the opponents of Susan Whalen attacked her because she acted as lawyer for the Ambassador Bridge Company.

We have seen several articles in which she has been attacked and I suspect there will be more. I expect a slam or two from Gord Henderson in the next few weeks although it looks like Gord would rather write columns about airplanes and museums rather than about some of the other vital issues taking place in the Windsor these days. After all, it does take time to renovate a house and it is hard to keep up with matters of importance.

I do not think that her support for the Bridge Company will hurt her at all. In fact, I think it will help her. She can say that she provided legal assistance to a Company that knew what it was doing at the border.

She should attack Watson and say that, if he had only helped expedite their process for the Enhancement Project rather than support DRTP and attack the Bridge Company viciously in Parliament, 15,000 high-paying jobs would have been created already in the region. We would not be suffering the economic devastation that we are.

The more important issue that should have been raised in the Star articles is why the Prime Minister did not say something on the border when he was in Windsor recently. Mr. Watson had the opportunity to have him make an announcement about doing something finally on the Border but he did not say a word about it.

What a disgrace for a Government member not to get his Party Leader to talk about the most important issue in this area, one that is vital for the economies of Canada and the United States. But then again, the Conservatives have no idea what they are doing about Canada/US issues anyway, as can be seen especially after NAFTA-gate.

Watson cannot escape from this issue and the responsibility because he is the only Government member in the area. It was his obligation to produce and he did not. The argument is very similar to the one that I used with respect to the NDP who at one time held the balance of power in Parliament but did nothing for the region as well.

Mr. Watson and the NDP have a lot more to be concerned about with respect to the border issue than does Ms. Whelan!