WindsorBlogmeister2

Monday, December 22, 2008

Why Is Eddie So Afraid To Sue

Is Councillor Marra the only Member of City Council with any brains? Is he the only one with common sense? Given his position with New Beginnings, he probably understands the legal system a lot better than his colleagues, even the one who is now so familiar with Black Letter Law. With his political connections, he probably understands what the consequences are of the City acting stupidly. It seems though that he is a voice in the wilderness.

We should have guessed that after Bill's comments on TV after the Premier came to town. He seemed at that time to be distancing himself from his colleagues in their possibly absurd actions. We also should have known that something was up when the Mayor did not tell us that whatever steps were taken at the in camera Council meeting were taken unanimously. We should have known that there was no longer any unity. Thank heavens.

What we still do not know is how many other Councillors feel the same way that Bill does although I suspect that none of them are prepared to cross the Mayor at this time because they have so committed themselves to Greenlink. They would look like fools otherwise. Mind you, they will look like fools for allowing what seems to be happening to continue on. Only Bill will be able to look residents in the eye and say that he tried.

“Coun. Bill Marra says the city should think twice before seeking a judicial review that would delay the $1.6-billion border feeder highway.

"Any decision that may prolong the process has to be given second thoughts," he said. "Before we proceed with legal action we should make sure we exhausted all opportunities.”

What happened to some of the other Councillors who supposedly prevented our Mayor from suing in the past? Are they loopy in a way that Councillor Marra is not. Have they been told some inside information so that they can be assured that they will not be harmed when they run for re-election? Instead, we get the macho Councillor Gignac saying:

“Coun. Jo-Anne Gignac gave the first public indication Monday that council will pursue a judicial review…

“People keep telling us explore whatever option is available so we are not getting a project that negatively impacts us. They said, 'we want you to fight for our rights.' Council has instructed the mayor how to approach this."

Then our Mayor has to say so that he is not outshone by a mere Ward 5 Councillor:

“Francis said he supports legal action.

"We have come this far and believe there is a better solution. Unfortunately, the province doesn't want to compromise," Francis said. "Actions the city takes over the next several months are actions that are justified by the process that belongs to them.”

It is no wonder now that the Mayor has been out there talking over the last week or so about jobs and how nothing will get done for at least another year with the Environmental Assessment. He did not want to get blamed if the Senior Levels pull out if in fact he does sue as Minister Pupatello’s Office warned.

There is Windsor’s weapon of mass destruction confirming what the Mayor is claiming:

“Toronto lawyer David Estrin -- the city's hired legal expert on border issues -- says there are legal grounds to challenge DRIC through a judicial review.

The legal process involves convincing a court to find a decision by a government official invalid or illegal, he said.

Council approved proceeding with a judicial review during a closed-door meeting earlier this month. The process normally takes six to eight months, Estrin said.

"It could be done shorter than that, particularly if both parties want it to happen earlier," he said. "It's not something necessarily that will delay ultimate decision-making."

But once legal action is launched, delays are possible because of court schedules and requests by lawyers for more time.”

Hmmmmm. Delays are possible. How about instead delays are likely, very likely.

Let me see now, how many years has the Hamilton lawsuit started by Estrin against the Federal Government been going on? The Bridge Company/Estrin lawsuit which is a relatively simple matter has taken a year so far after an appeal and not much has been litigated. Accordingly, to suggest a complicated matter like the DRIC process with all of the experts that would have to be involved can be dealt with in such a short period of time is ridiculous to me.

Poor Councillor Marra will be attacked as weak, accused of selling out and we will be told that he will be a poor choice for Mayor. I can hardly wait to see the Henderson columns and Star Editorials denouncing him.

Of course, Bill is right in what he said and that should have been our position years ago. Had we had a Mayor who knew what he was doing, we would never have been in this mess in the first place

In the end, remember that most people in this City are no longer adverse to what the Bridge Company wants to do as the various media polls, forums and call-in shows demonstrate. It is not because they are loved but because they are actually doing something with the Gateway project. They are actually doing something on the border while the Canadian Governments do nothing. People understand that the Bridge Company will build their Enhancement Project. People believe that the City is stalling everybody and that Eddie is costing us jobs in a time of economic distress.

The only people who have any interest in this story now are a few environmentalists who want everybody to bicycle, a few anti-Americans and the few people who live on the DRIC corridor. The latter group is only interested so that they can get ensure that they are treated fairly and that they receive the amounts that they should get since their property is to be taken over.

Does anyone really believe that our Mayor will sue? He has been crying “wolf” for so long that it is tedious already. How many times has he threatened a lawsuit and backed off? Why doesn't he just have the guts to do something? Why doesn't he just act instead of talk? He is losing his credibility not only as a Mayor but as a lawyer as well.

Will he do something this time? Who knows. He might surprise us all. No one believed the little shepherd boy when the wolf ate his flock of sheep after he called "Wolf" so many times. None of the townspeople came out to help him because they no longer trusted his word.

The Star stories with the Estrin photographs were designed to get a reaction and that everyone was supposed to be terrified that Eddie was actually going to sue. Nothing happened. No one took him seriously as usual. The matter had to be escalated. The big story on page 3 of the Star was designed to do that. Moreover it was designed to show that there was no longer any unity on Council so that made it even more likely that there was going to be a lawsuit. Such drama.

My guess. Everyone will ignore that story too. My inside moles were not able to get anybody to tell them anything about what happened at the in camera meeting where supposedly the Council made some decisions. All of a sudden now we have Councillors telling us what happened in the media. Why would they do that? We have the Reporter telling us

“Council approved proceeding with a judicial review during a closed-door meeting earlier this month.”

Gee, I thought that was to be kept secret. We were not supposed to tell anybody our legal strategy. That would hurt our legal position if the other side knew what we were going to do. Instead, we are telling the world what action we are going to take. Not only that, Estrin, in his several hour extravaganza at Council, told the Senior Levels what his arguments were going to be. How accommodating of him.

Don’t you get it. This is Eddie’s last desperate attempt to get the Senior Levels to back down or to get the Bridge Company to do something. Problem is no one will because no one believes his threats. He has lost his credibility.

In any event, I think that this is a gigantic charade. It is all being orchestrated. What else was being done in that infamous ride with Eddie in Dwight's car to Toronto Airport? I just cannot take it seriously and I do not intend to. As I told you before, I am tired of being manipulated as you should be too. Let us see how it plays out rather than speculating about what the game is.

There is no doubt that Dwight and Eddie probably cannot stand each other. How else to explain the story in the Star today telling us about how hard that Dwight worked for five weeks to help get the auto companies deal. He needed to do something to show that Eddie’s little letter was meaningless. He needed some credit as well for all of his efforts. After all, he is merely the Minister of Finance who writes the cheques to the auto industry. He is, after all, the one to whom Chrysler came. They ignored the Mayor. But who is trying to get all the credit?

We saw that game being played out before with respect to the call centre jobs where Eddie was made to appear to be the one who is responsible for the success when in fact it was the MITI Minister who should have received the real glory. Dwight is not prepared to take a backseat to Eddie to keep up the car analogy!

Nevertheless, he and the DRIC people are under the Premier’s thumb and are not allowed to slam the Mayor. Instead, they are required to hold their noses and to work with Eddie.

Whatever the plans of the Senior Levels and the City were, the economic meltdown has killed them for the near term. Attempts will still be made to harass the Bridge Company so that they will sue. If that does not work, and Eddie has now been positioned that he will be our Saviour, then he will start the lawsuit. Or rather, Council will demand that, except for that weakling Bill Marra, and they will instruct him to take action. Councillor Gignac already fell into the trap and said that in her quote above. Has she no sense not to take the hit! As usual, Eddie will take the credit if it works out but not the blame if it does not.

Because of the lawsuit, or rather because of the economic meltdown but you will never hear it from anyone, we will not get the DRIC road today nor will we get Greenlink but we will get our cheap at grade or, perhaps, below grade road to the Ambassador Bridge. It has to go to that Bridge because there is no P3 money for the DRIC bridge either now.

It would not surprise me to see the Senior Levels back off on their opposition to the Enhancement Project either. After all of the things that they have been saying about the importance of this border crossing for so many years, there is a need for a new bridge to be constructed so that traffic can flow smoothly across the border.

The Bureaucrats have created their fallback position, ready for the telling if they are criticized. They always do because they plan for everything. It will all work out in the end or so the Bureaucrats are saying now.

They always wanted the crossing to be beside the existing Ambassador Bridge. The Ambassador Gateway project was designed to accommodate a second bridge. All that is happening is that their grand ambitions are being delayed until traffic improves and the economy comes back to normal. Then they can go after the Bridge Company again as they are doing now even after the FIRA settlements supposedly settled the relationship between the Bridge Company and the Federal Government.

At that time, when there will be a road to the two bridges and the new bridge will be built, the Governments will start harassing the Bridge Company again to force them to sell out cheaply as they have been doing now.

It won’t be so bad either for the Governments. At that time in the future, they can show P3 investors a fully completed and functioning project rather than one that is just being proposed. Just imagine how much extra money the Senior Levels will get then. They expect that the family that owns the Bridge will be much more amenable to selling out at that time too.

You see, bureaucrats can find a silver lining in any cloud.

Sunday, December 21, 2008

CREATE-EH-CUP SUCCESS

CREATE-EH-CUP SUCCESS!!

To members of CREATE-EH-CUP!

Well I want to say thank you to everyone who participated in Create-Eh-Cup!

Please make sure your contribution reaches an organization as planned.

Hopefully all the donations sent will truly help out some families in need this holiday season!

Sincerely,

~Melissa Arditti~

More BLOGMeister Quotations

Here are more sayings that tickle my fancy. Remember them so you can use them as small talk at your next cocktail party over the holidays. You will astound your friends with your knowledge!

WILL A DRIC BRIDGE DRAIN MICHIGAN'S ROAD BUDGET

"New bridges sap budget

With construction for a new Brent Spence Bridge and two other bridge projects in Louisville slated to run into the billions of dollars, there's growing concern in the Kentucky state capitol among rural legislators that their constituents will be shortchanged.

"That's going to be a big problem," Rep. Mike Denham said.

The Louisville bridges will require more than $100 million a year in spending by the state in 14 years of the 18-year project and around $200 million or more in seven of those years.

"It's going to be a very expensive project," Denham said. "And it may take all of our funding for three or four years to get that done."

Don't think this applies in Michigan....think again:

"A state senator is pushing a measure that would use transportation dollars for maintenance on the Mackinac Bridge rather than toll increases.

Republican Sen. Jason Allen of Traverse City said it makes sense to use $5.25 million in federal transportation funds so tourism and business isn't harmed by the increase, which could hike the toll for cars from $2.50 to $4.

Gov. Jennifer Granholm vetoed a similar move in 2003, and it didn't sound likely Tuesday that she'd support Allen's idea.

"What Sen. Allen has proposed — earmarking funds for the Mackinac Bridge — would mean that much money would be less available to help other critical roads and bridges around Michigan," Granholm spokeswoman Leslee Fritz said. "Reducing funding that is available for critical roads and bridges is not a direction we believe we should head."

[Sounds like our East End arena deal too with the $70M or so we have to pay off before there are freely available funds]

TWO OPTIONS

"The $4-billion rescue plan for the Canadian automotive industry was applauded Saturday by Ontario mayors, but some warn there's still more to be done.

"I think it's a positive step but, quite frankly, they had one of two ways to go," said Windsor, Ont., Mayor Eddie Francis after Saturday morning's announcement. "Either they were willing to extend a lifeline to the auto industry, or they were just going to allow it to collapse."

[Such insight. No wonder Stephen Harper called him personally!]

SPANKY'S WASTED EFFORTS

"Chrysler approached Duncan for aid
Meeting with Chrysler chief started ball rolling

"It's been five crazy weeks."

Duncan said that as recently as Thursday he had some doubts that the U.S. plan would go through. He said it was especially difficult knowing how many of his constituents rely on the auto industry.

"This is about the essence of our community's future," said Duncan. "This has been a struggle. Forty-eight hours ago I wasn't certain how this was going to end. We've essentially got a bit of breathing room now. I'm relieved. This is the culmination of five weeks of very intense work."

Duncan said it quickly became apparent that Canada and Ontario would have to get involved.

"I was deathly afraid that there would be an agreement in the U.S. that wouldn't involve Canada," said Duncan. "We deeply had to be there based on our proportion of the share of the sector."

[I don't know why Chrysler did not approach our Mayor instead of the Minister of Finance if they had problems. Eddie would have solved everything on his own.

Why was Dwight so worried and why did he work so hard? There was no need for him to do anything. After all, Eddie sent out a letter to the PM and Premier warning about the death of Windsor. Eddie knew his letter was so powerful that he could afford to leave town on a long-standing family matter instead of meeting the Premier when he came here and could fail to attend Dwight's pre-Budget meeting.

Everything was under control. Eddie had been reassured! Poor Dwight, so envious of Eddie's efforts and success. NOT!]

STATING THE OBVIOUS

"At the end of the day, reading between the lines, the premiers' comments and the prime minister's comments, change is going to be inevitable," said Francis...

"I'd rather take change that incudes the automotive industry rather than change that does not include the automotive industry..."

Francis said it will take quite a while before the transformation of the industry is complete.

"We won't be in a position to comment on what that is until we see the final plan," said Francis.

[Huh? Do you understand it? What is he saying that is so profound?]

WILL EDDIE'S CANAL VISION FAIL LIKE HIS CLEARY ONE

"One of the key priorities of council is to re-establish a downtown where people come to live, work and play," Francis said. "This will bring more homes, more stores and people into the downtown. Everything will become more vibrant than what you see today."

[That was said in June, 2006 as we gave away a multi-million dollar asset to the College that could have been sold. How vibrant is our downtown now? Can we afford in these times of economic restraint to waste more taxpayer money on another failed political dream of the Mayor.]

FR-EDDIE-AN SLIP

"Long after the vast majority of fans were well into their first journey home from the Windsor Spitfires new home, Windsor mayor Eddie Francis leaned on a railing and watched the dueling Zambonis restore the sheen to the sparkling new ice surface at the spanking-new WFCU Centre.

"It's like a wedding," Francis said. "You stay around to soak up the atmosphere after everyone's gone."

A wedding?"

[Didn't Eddie meet Mr. Farhi, the owner of the Lear site, at a wedding in London? Do you remember how Eddie refused to tell John Fairley on Face-to-Face whose wedding it was!]

POLITICIANS WHO LIVE IN GLASS HOUSES

Francis, who believes people lose their grasp of what really matters when they spend too much time in the halls of government, away from the real world, has one snarky bit of advice for distracted politicians: "Get your act together."

[I just had to post it again!]

BRIDGE LOAN

A Bridge Detroit Needs

By Carlos M. Gutierrez

Congress is debating the future of the American automobile industry. With our economy in crisis, this is not a time for ideology; it's a time for pragmatism and common sense. Amid daunting job losses and unprecedented fiscal challenges, the economy cannot sustain a body blow to one of America's most significant industries without giving it a chance to restructure....

Congress has proposed a bridge loan program in a way that demands accountability and responsibility from the industry. If the legislation passes, it will be up to the automakers to deliver on the promises they have made to the American people, and there are strong taxpayer protections in place.

[Part of a column from the US Secretary of Commerce. I liked the title. It also makes it clear that the Bush Administration has NO desire to spend money on a DRIC Bridge.]

WEEP FOR DETROIT

"Somewhere along the way, Detroit became our national ashtray, a safe place for everyone to stub out the butt of their jokes. This was never more evident than at the recent congressional hearings, featuring the heads of the Big Three automakers, now more often called the Detroit Three, as that sounds more synonymous with failure...

It happens, though, when you're from Detroit. In the popular imagination, the Motor City has gone from being the Arsenal of Democracy, so named for their converting auto factories to make the weapons which helped us win World War II, and the incubator of the middle class (now leading the nation in foreclosure rates, Detroit once had the highest rate of home ownership in the country), to being Dysfunction Junction. To Detroit's credit, they've earned it."

[You need to read this article "The City Where the Sirens Never Sleep" http://www.weeklystandard.com/Content/Public/Articles/000/000/015/945aynyk.asp?pg=1 ]

CANALS FOR PITTSBURGH

Every time I read about or visit Pittsburgh, the powers that be have a new project to prove to themselves that the city actually has a life. Most recently, it's a lame-brained scheme to create a 1.2-mile, $435 million (at least) transit tunnel under the Allegheny River to connect Downtown's heavily subsidized office towers to the North Shore's even more heavily taxpayer-funded pro sports stadiums and a future casino.

Yet, in reality, Pittsburgh's "Tunnel to Nowhere" is simply part of the same old brain-dead development strategy that may impress visiting journalists or conventioneers but creates little in the way of good new jobs or long-term opportunities

[What did Dave Cooke say about the canal vision that just misses the boat, or rather the gondola:

"Cooke, who was bitterly disappointed that the arena wasn't built downtown but concedes that's a dead issue, argues Windsor must do something unique with that sterile expanse of pavement west of the bus terminal in order to revive downtown and get visitors, including convention delegates, to change the conversation, now largely negative, about Windsor...

all of Windsor has an economic stake in seeing this city become the kind of place that sends visitors home with fond memories and great impressions to pass on to friends and relatives."]

A $5B DRIC PROJECT

"Speaking as part of a panel at the Toronto Forum for Global Cities, Michael Rolland, the president and CEO of Borealis Infrastructure -- a company that invests on behalf of the Ontario Municipal Employees Retirement System -- said that pension fund capital is increasingly flowing into international projects.

“More of our money is leaving the country,” Rolland said, explaining that Borealis invests in some of the largest infrastructure projects worldwide. Borealis is responsible for investing roughly 20% of OMERS’ pension fund assets into infrastructure.

“We’d like to stay home and do our business,” Rolland added, “but I have an obligation to the pensioners to make sure I do a good job with their pension money. They’re counting on that money for their retirement. If the projects aren’t here, we’ll go anywhere in the world to find those right partnerships.

Pension funds represent a major source of capital in Canada, and are frequently overlooked even though they have pools of capital much larger than those of the banks, Rolland said. Five of Canada’s pension plans are among the 100 largest worldwide.

Many Canadian infrastructure projects are too small to attract the interest of pension funds, which is why much of the capital is flowing abroad, according to Rolland. For instance, many municipal projects seek between $10 million and $30 million in equity, which is too small an investment for large-scale pension funds.”

[Now I know why it is so costly. Mind you, after the losses taken by some of the Plans in the stock market collapse and the values of infrastructure and private equity holdings being re-evaluated, we shall see if Plans have to ask their contributors for more money as OMERS had to do several years ago with their $600M write-down.]

TRAFFIC PROBLEMS

"Final phase of 401 widening will be huge problem, Chief Glenn Stannard says

Windsor police Chief Glenn Stannard warned city councillors to expect four years of traffic snarls as the final leg of the Highway 401 expansion begins on the outskirts of Windsor in 2008.

"Just close your eyes and visualize adding 50 per cent of that traffic, including truck traffic, at 8 o'clock in the morning on E.C. Row," he said Monday during council's planning session.

"It's going to be a huge problem for this community."

Stannard said one of his inspectors realized there would be serious problems after attending an information session about the work that's been taking place to expand Highway 401"

[Too bad that inspector could not visualize the traffic problems at the East End Arena by looking into his crystal ball or was there a reason why gridlock was necessary so the City can justify spending more millions on the Arena deal for parking but NOT make it part of the original budget!]

Friday, December 19, 2008

And The Infrastructure Design Winner Is---EVERYONE Who Entered

I read an interesting article recently:

“Big News in Washington, but Far Fewer Cover It”

The story was about how newspapers are cutting the size of their bureaus that cover the news in Washington as a result of the financial problems that they are suffering even though the Americans are suffering through two wars and a major financial crisis.

“Those that remain have cut back drastically on Washington coverage, eliminating hundreds of journalists’ jobs at a time when the federal government — and journalistic oversight of it — matters more than ever.”

The claim is made:

“The times may be news-rich, but newspapers are cash-poor, facing their direst financial straits since the Depression. Racing to cut costs as they lose revenue, most have decided that their future lies in local news, not national or international events.”

I have no idea whether the situation is similar in Ottawa or not but, as regular BLOG readers will know, I’m extremely critical of the way that our media covers local political news. Pinning a “W” on one’s chest or being a cheerleader for City Hall is hardly the way to act as responsible news media organization.

You may wonder you may wonder why the DRIC/Greenlink war is still on. The route has been fixed and there is no argument on it. The fight is over some Schwunnels and Eddie is prepared to compromise over it now so that he will not be deemed a loser in the border battle. We have had Greenlink, Son of Greenlink and it would not surprise me if we do not hear about a Grandson of Greenlink too soon.

Control over the road is important to our Mayor. First, it is the way that he puts pressure on the Owner of the Bridge Company so that Eddie gets what he wants from him. Just recall the Schwartz drawing in his first presentation in 2005 that shows a four lane Huron Church instead of a six lane roadway today. Cut off traffic to the bridge, especially truck traffic.

Moreover, the fight over the road puts pressure on the Senior Levels to give the City money because of our desperate financial situation, especially because we have to pay off the Arena debt and have little extra money to do anything else. The argument would be that we are the “Host Community” for the border and we deserve money for doing so. Just like a City that hosts the Olympics would get money. Infrastructure money for the Olympics, infrastructure money for a border city.

Or at least a loan of money now so that we could start doing City capital projects now because people are unemployed. Remember when the Mayor said that he hoped that DRIC did not start soon because it would take up all of the workers so that City projects could not be undertaken. I have heard that the City has told contractors that they will be very busy in the spring. If that is true, it will not be on DRIC work but it has to be on City projects. Could it be that this was part of the conversation that Eddie and Dwight had in their border car trip to the Airport in Toronto?

It is a good argument and if we had a Mayor who knew how to negotiate we probably would have had a solution by now.

Why am I raising this issue? Why are mere Bloggers, and not the traditional media finding out the answers? Is it because Press Release journalism is still alive and well in Windsor? You judge for yourself.

Compare what Gord Henderson wrote with what Blogger Chris Schnurr did on Sam Schwartz winning an award for his Greenlink work from some unknown group. Check out his BLOG http://chrisschnurr.wordpress.com/2008/12/18/greenlink-googling-for-diamonds/

To be blunt about it, why didn’t the Star or Gord himself do that basic research that Schnurr did. The same thing happened with the onion importers where I discovered who they were after doing some research on the Internet.

Instead, we have a puff piece for Schwartz and for Greenlink to be used by the Mayor as part of his war. I hardly think that this will impress the Senior Level people but will rather infuriate them.

Not wishing to take anything away from Mr. Schwartz but I wonder what the awards people would think about the DRIC road? Would it be a prizewinner too? The answer is YES.

“Firms will be notified by letter of their award level. All projects entered win an award. Awards are given out as diamond, platinum, gold and silver. Award letters are sent to firm 7-10 business days after the judging. We ask that you keep the information about your awards confidential until ACEC New York issues it’s press release at the end of March.”

According to Chris, Schwartz is to receive the “diamond” award. With a phone call or two Gord could have found that out also and imagine how we could have gloated then.

To be fair, Gord should have mentioned that Schwartz applied for the award just as the City did in relation to the magazine designation that said that we were such a fantastic small city. Someone just did not find the project and say how wonderful it was.

Still, dear reader, you may think that the people at DRIC should have submitted their project as well. Unfortunately, they could not. For this competition, one has to be a member of the New York organization. Schwartz obviously was one and he could apply because he was an American. Our Governments chose instead to use a Canadian firm to do the work so they were ineligible to apply for an award.

I bet you are wondering though what would have happened if there was a head to head competition between the two projects. Unfortunately, not with this award:

“In this competition, each project is judged against itself and not against all entries within a given category.”

You might ask yourself as well why anyone would to apply for such an award. What is the point:

“The public relations and marketing value is considerable for both the local and national award winners. ACEC New York issues press release(s) prior to the dinner. Firms may also take advantage of the recognition by issuing their own press releases and related marketing materials.”

Imagine using the diamond award and the Henderson Column as marketing tools for an engineering company. Not too shabby.

I do not want to take anything away from what Schwartz has done. The fact that he has won a diamond award is significant and he should be congratulated for it. However, the unthinking praise from Mr. Henderson is not deserved nor should the Star have allowed it either without doing the basic research that a mere Blogger has been able to do using the Internet as a tool.

Awards are fine but it is the practical side that is the most important. Schwartz’s work is a concept - it is almost like one of the auto manufacturers and their concept cars. Perhaps one can argue that the DRIC people built on his concept. So much the better for us and good for him too.

However, it is not difficult to design something with cost not a major consideration and to play with numbers---that is what Megaprojects are all about after all. The challenge for engineers is to design something that can be delivered within a client's real budget. Here's the point- the client (City of Windsor) doesn’t have to pay the bill for the project. The Senior levels have to do so.

All Windsor has to keep saying is that we are “entitled” and talk about quality of life issues. Sam's work is just another of the Mayor's weapons, like the Estin photos in the Star.

And if you really think that we are getting the DRIC road, you have been Delray-ed!

I wonder if Schawartz won in Category A: Studies, Research and Consulting Engineering Services. I note it said also:

"*None of the projects entered in A can be involved with the preparation of construction documents."

Oh, and by the way, a DRIC road/Greenlink-type road is not unique. The above photo shows a similar type road and it is on the Awards brochure.

Thursday, December 18, 2008

The Border Battle Is Over, For Now

Matty Moroun can sleep easier at night now. He does not have to take it so personally. The fight over the Ambassador Bridge has really nothing to do with him at all.

It would not matter which American owned the bridge. Even if the bridge was owned by Warren Buffett whom Moroun beat out for its ownership, he would have been demonized and vilified the way Moroun is now. And Buffett is well-known for being “the most generous American billionaire…known for his legendary… philanthropic activities.”

I found some fascinating documents on the Internet that demonstrate to me that the Ambassador Bridge to many in Ottawa is a symbol of anti-Americanism or Canadian Nationalism, whichever is politically correct. The taking over of that bridge to those people is probably even more important than Canada ending the role of the Governor General as the Head of State.

It is Canada finally being free of the United States.

No wonder Henderson could write out of the blue in one of his columns:

“We didn't make much of it at the time. But we surely understand now why Herb Gray moved heaven and earth, as Liberal minister responsible for FIRA (Foreign Investment Review Agency) in the early 1980s, in a failed effort to prevent Moroun's trucking empire from acquiring the Canadian half of the bridge. That battle was lost in the federal courts and ended with an out-of-court settlement following a marathon legal struggle.

Gray understood what was at stake. An economic nationalist, he recognized that having the nation's most critical border crossing owned and operated by a private company, a foreign controlled one at that, would not be in Canada's best interests. He knew that real countries, serious countries, don't let private companies run their borders.”

Now I know why Gord voted NDP and why he has to support our Mayor no matter how much of a failure that he is. Now I understand the Windsor Star and their mission.

Gord is only partially correct. It has nothing to do with private companies running the border since the Conservative Government is prepared to allow that to happen with a P3 private enterprise operator, even a foreign one if they have big $$$. It all has to do with an American owning the Canadian half of the bridge, no matter which American it is.

That bridge has been singled out for almost 50 years by various Canadian Governments, Progressive Conservative, Liberal and Conservative. To be direct, this places my thinking about the border issue in a context that makes everything that has gone on so far much more understandable.

The role of the the DRIC really is part of that process as far as I am concerned. It was set up again, in my opinion, to force the Owner of the Bridge Company to sell out and to sell out cheaply as I have been saying for so long. It has nothing to do with the economies of Canada and the United States, nothing to do with the flow of traffic, nothing to do with security or redundancy. It all has to do with Canadian nationalism.

The Americans have been duped by us. There is no doubt about it in my mind. They are being used to accomplish a goal that Canada has wanted to achieve for almost 50 years and they have no clue. This issue is under their radar even if they have known about it at one time. Who can worry about Canada when the Americans have other wars to fight and an economy to save.

It is no wonder that the Detroit News could claim that Stephen Harper said to President Bush:

“The story goes that when President George W. Bush met with the leaders of Canada and Mexico earlier this year to defend NAFTA, the Canadian prime minister leaned into the president and whispered that the biggest roadblock to increased trade was the little old man who owned the Ambassador Bridge.”

It is probably is absolutely true. What he really meant was that an American was preventing Canada from achieving a long standing goal. It is no wonder now that one of the first pieces of legislation introduced by the Conservative Government was Bill C-3 that absolutely targeted the Bridge Company. Unfortunately, the Government chose not to tell the real story to Parliament and preferred instead to tell people that the Bill was a slamdunk and should be passed.

I know that this is probably hard to believe. Did you know that the Foreign Investment Review Act was introduced in 1973 and ended in 1985 with the passing of the Investment Canada Act that changed Canada’s emphasis on foreign investment? Yet, the FIRA war with the Bridge Company took until the early 1990s to end with a settlement. Try and explain that away.

Let us deal with the 50 year old war now. After the FIRA settlement, there is no doubt in my mind that the Canadian Government regrouped. They waited.

I would think that at the beginning of the 21st Century, the plan was concocted about how to force out the Bridge Company Owner. Why the Government of Canada with all of its money never bought the bridge in the first place is beyond me if they wanted it so badly. Now that its value has increased, it made it harder for the Government to spend the money required. Therefore there was a need to scare the Owner so that he would come begging to them for a buyout. And that was going to be at the cost of the P3 investor so who cared.

Unfortunately, Bureaucrats who never worked in the real world but who lived a sheltered governmental life do not understand how real private enterprise entrepreneurs operate, especially one who built up a huge empire after sweeping out buses in his youth. He was not going to be intimidated by some mandarins in Ottawa, Toronto, Lansing and Washington.

Oh, they expected him to litigate, he’s done that before with Governments and won. Why, the Canadian Government even set up a reserve of $400 million for the litigation costs and a possbile settlement amount just as an insurance company would do. I believe they called it their investment in the road to the DRIC Bridge rather than a litigation reserve as it really was. The reserve has obviously been increased and that is why we are seeing huge numbers being thrown around for the DRIC road and the bridge and plaza. Their litigation/buyout number has had to be increased to deal with their new reality.

Clearly, the Bureaucrats are in a turmoil now. Their plan was magnificent. Not only did it involve Canadian nationalism and the taking over of the Ambassador Bridge but it also involves money, the root of all evil. A P3 operator would not only take over the operation of the Ambassador Bridge but probably the Blue Water Bridge as well. They might even throw in the Detroit/Windsor Tunnel as part of it. Not only would the border crossings be controlled by their favourite P3 operator under their terms but the Government would make billions of dollars by handing out a 99 year lease. Does it get any better than that? I wonder how many of them were promoted because of their genius.

There was only one small problem with their Plan. They completely misunderstood their opponent and did not build in the contingency about how to deal with a situation where he chose not to be forced out.

It was inconceivable to them that he would not run to them because, in their world, as a private enterprise business person all that motivated him was money. He would understand immediately that the value of his bridge would be decreased by their actions and so he would sell out quickly rather than seeing its value decreased over time to nothing. Why else would US DRIC say that the new DRIC bridge could take away up to 80% of his truck traffic and 60% of the overall traffic. Those are pretty scary numbers.

Notice how smart those Bureaucrats were. They convinced the US DRIC consultant to place that in their Draft IES report. Canada did not have to set out those numbers. The Americans were being used to hurt themselves. I can just imagine the Canadian mandarins laughing themselves silly at this stroke of genius. The Bureaucrats I guess forgot, however, that the US DRIC consultant had said, when he was part of the Gateway project, that the Ambassador Gateway project could in itself handle almost twice the existing traffic even without another bridge. They outsmarted themselves.

Unfortunately, the 2 ½ page spread in the Globe and Mail destroyed them. It told them that Moroun intended to keep his Bridge. They did not know how to react except to spread some of the malicious stories that they have been forced into making in order to try to support their indefensible position. They never planned for this.

Moreover, the economic meltdown has hurt their ambitions for earning big sums of money because P3 operators are suffering as well. Why would anyone want to come into this area right now with traffic crashing so significantly here? Unless the automobile industry is brought back to life, no one would invest in a new bridge that competes with the Ambassador Bridge.

Can you believe that the issue of the Ambassador Bridge was brought to the level of the US President? Why would he have any interest in some bridge at all to be direct about it? It was brought to him twice by Harper directly and once by Minister Prentice. That tells you how important the Ambassador Bridge is to Canada as a symbol. Canada must not lose.

Imagine how the Bureaucrats feel today especially after NAFTA-gate. What a political disaster for their ambitions. If you have not yet read the Detroit News story, check out this link and read it today: “Matty Moroun's bridge battle” http://www.detnews.com/apps/pbcs.dll/article?AID=2008812150328

Here is the quote that will end this battle:

“The bridge is a living thing," Moroun said. "It's become part of me and I think I've done a good job. It's my legacy. They want to steal it from me but that's not going to happen, I promise."

He has just drawn his line in the sand for everyone to see. The Bureaucrats have really known this for a long time already and the real issue will be when and how they retreat and who will be blamed for the fiasco. Now you understand why Eddie is fighting the big battle over Greenlink. It has nothing to do with air quality or quality of life for Windsorites but rather protecting his position against the Senior Levels who want to point the finger at him and are using jobs as a way to do so.

So the big battle is over. Moroun has won. Understand that. We will still see skirmishes for a while. But the real war will never end until Canada has won or the Americans wake up and figure out what is going on.

Canada will step back as they did after the FIRA litigation with the Bridge Company. Better to retreat and to regroup than to lose. They can also always start again in the future.

When that future begins, I do not know. They may well have to fight with the Senior Moroun again. If not, then his son will at least be warned what will be his lot in life as the Owner of the Company and his relationship with Canada. He may even need to pick up the sword that he talked about in the Senate Hearings as his father has been forced to do.

More Items You May Have Missed

I wonder if you saw these recent items or were you distracted by all of the silliness going on.

GIMMEE, GIMMEE, GIMMEE

We in Windsor have been trained by our Mayor and Council to have an entitlement mentality. Because we are Windsor, we are entitled to a multi-billion-dollar boondoggle called Greenlink as just the most obvious example. After all, we are entitled to have the best “quality of life” in our City although Greenlink itself does nothing for the major source of pollution that comes from the United States. But that is a mere detail that is unimportant when the political careers of certain people are at stake.

Chris Schnurr did a BLOG about some of the tunnel projects that were mentioned in Eddie’s presentation the other week and what was interesting was the contribution required either from a private party or from the local community.

In my opinion therefore, our Mayor and Council need to put up Windsor taxpayer money, and big sums of money too that will of course bankrupt this City for generations, as our contribution for Greenlink. We would pay in other words for the difference in cost between Greenlink and the DRIC road. Seriously, it can be sold on the following basis never mind what the reality is: after we ever pay off the Arena, we will be rolling in dough if you remember what Mr. Henderson wrote in one of his columns.

Of course, I have a reason for saying this. It has already been said in a similar fashion in the United States and by none other than Gridlock Sam Schwartz, our Mayor’s transportation guru. Obviously, our Mayor has learned from what he has said and is just waiting to spring this on us since so much infrastructure money will be around. This is how he will convince the Senior Levels to build Greenlink. Here is what Sam said:

“The cornerstone of Obama's infrastructure plans: the creation of a bipartisan supported National Infrastructure Bank funded by the federal government to the tune of $60 billion over 10 years. The bank is likely to require any project seeking more than $75 million in federal support to submit a proposal to the bank - a proposal that would include the contribution to be made by state and local governments, user fees and a plan for maintenance.”

It would not surprise me to see our Federal Government do that in January as part of their Budget to stay in power. After all, any project above $50 million has to take a look at P3s already as the basis of financing. It would not be very much more for the Finance Minister to add in local contribution for bigger projects. Of course, P3s will have great difficulty raising money in these days of economic restraint and are a foolish way to build infrastructure but what the heck, politicians don’t care when it is your money, dear reader, and mine that is involved.

Oh, and do not worry. Sam will help Eddie justify that as well:

“At the same time, Gov. Paterson must integrate recommendations from his commission on public-private partnerships, formed in September with the mission of maximizing the value of the state's assets in the face of the fiscal crisis. Such partnerships are no panacea, but they do offer money up front and a much faster track for implementation.”

Thanks Sam. Thanks Eddie. Thanks Jim Flaherty. I really did not need all that extra cash in my wallet. Feel free to spend it as you wish.

SENIOR LIVING

Congratulations to the Windsor-Essex Regional Chamber of Commerce, Greater Windsor Home Builders' Association and Windsor Essex County Real Estate Board for starting the Windsor-Essex Active Retirement Community Initiative http://www.retirehere.ca/

Its mission "is to attract investment, create new jobs and revitalize the real estate market throughout Windsor-Essex by building on the region's growing development of active retirement luxury properties and services, and by promoting the unique location, diverse lifestyle and quality amenities of its nine communities."

I am surprised that the Development Commission is not one of the founding groups since it seems that this initiative would fall within its mandate. Oh well, some of their people are too busy coming and going to Europe for trade shows. Interestingly, on the website's "Start a Business" page, there is no reference to the WEDC either. At the least, the WEDC did publish their press release "Local Group Hopes to Lure Retirees Here."

Here however is the problem that I see with respect to this initiative.Take a look at the picture that I posted. It is that of a doctor isn't it. Here is what the website says:

"Take Good Care! We're focused on leading health-care specialists and facilities that include 2 municipal and one county hospital providing 1,000 acute-care beds; state-of-the-art Windsor Regional Cancer Centre; 20 long-term care facilities, the University of Windsor's new Schulich School of Medicine and Dentistry plus expedient access to world-class hospitals in Detroit, the University of Michigan Health System in Ann Arbor and London Health Sciences Centre, London, Ontario. "

Sounds very impressive doesn't it until one reads this story in the Windsor Star:

"Windsor and Essex County still needs another 200 doctors, Mavrinac said. Even with the retirements that have taken place, one in five local doctors is over 60 and one in 12 are over 70, she said.

The need is greatest for family physicians and wait times are as high as 14 months in some medical specialties, although some gaps in specialist and psychiatric care for children and seniors have been filled, she said.

Still, about one in four local residents don't have a family doctor -- a higher rate than the provincial average of one in five....

Mavrinac warned that the effort to turn Windsor and Essex County into a nationally known retirement area also carries with it the need to make sure that health care services will be adequate for a growing senior population.

More experts in geriatric care will have to be recruited if the percentage of seniors -- already growing -- rises further, she said."

Notwithstanding the seemingly successful recruitment efforts, the number of doctors still needed, 200, is the number that has been around for years as our shortage.

Of course, there is an easier way to recruit doctors but until our City and County get off their rear ends and put pressure on the Senior Levels, it will be difficult to convince seniors to move to this part of Ontario. After all, Windsor is one of the most underserviced areas in the Province medically.

WHERE'S THE HORSE

I like this headline in the Star. Kudos to the headline writer:

"Spits close Barn door"

However, if you read a bit further down in the Story, you would see the following:

"Mayor Eddie Francis, who addressed the standing-room crowd before the puck-drop, stressed that Windsor Arena is merely transforming, not dying.

"The Barn will still be here," Francis said. "We're just beginning a new era. With every new era there's change. So we'll be telling a new story here, just without the Spitfires."

What that means is that when the City tears down the Barn to make way for the City's new City Hall, there will be a plaque stating that this was the site of the oldWindsor Arena. That is the change that will be here with the new era. And he forgot to mention at the end of his sentence that not only will the new story be without the Spitfires, but it will be also without the building.

But why ruin a nice evening to say that.

BULLPEN SESSION

How the heck can Councillors be loopy if Eddie keeps cancelling their Friday BULL meetings. Unfortunately, he was unable to attend not only these sessions but the Premier's Bagel meeting with the Chamber of Commerce.

According to CKLW, Councillor Bill Marra was the only City politician there.

No, no, no. This was not a snub. I mean, after all, it was only the Premier. No favouritism could be shown. He had to treat him equally after he did not meet with the PC leader, John Tory.

Oh....this Friday's BS session is cancelled again too.

DOES HISTORY REPEAT ITSELF

Here is part of a Gord Henderson column written several years ago. In light of the 400 Building audit fiasco, it is very interesting:

Whistling in the dark; Gord Henderson
Windsor Star 12-23-2004

There's more than a hint of wistfulness in Mike Dunbar's voice as he considers how the MFP affair might have turned out if only he'd had the support he now offers other whistle blowers.

Dunbar, you see, was one of a handful of brave souls who put their necks on the line at city hall to try to sound the alarm over a series of disastrous lease financing agreements that left Windsor and Essex County taxpayers embroiled in costly lawsuits and on the hook for hundreds of millions of dollars.

And now, in a supreme twist of irony, he's become the whistle blower's whistle blower. As city auditor, Dunbar is now armed with wide-ranging powers to probe files, examine documents and root out fraud, waste or abuse of city assets. A hotline, established six months ago, has provided a steady stream of information from citizens and city staff who are fully protected from retaliation and Dunbar reports to an audit committee, headed by businessman Max Zalev, that operates at arms-length from city administration.

"I like to think that I'm the whistle blower's best friend. I hope so," said the Windsor native. An accountant and a Massey and St. Clair College grad, he declined to blow the whistle on his age...

The KPMG report, a copy of which was obtained by The Star's Anne Jarvis, described the extreme vulnerability felt by finance department employees as they tried in vain to warn their superiors, Tony Haddad and Gerry Pinsonneault, that the MFP lease figures were wildly out of line...

Intimidating and belittling. That speaks volumes, doesn't it? In a city that had zero protection for whistle blowers, these folks were risking their careers and their homes to try to keep Windsor taxpayers from being taken to the cleaners. They could have looked the other way or joined the party and enjoyed the good times. Instead they tried to rock the boat. That took guts.

"It was stressful," conceded Dunbar of the period when he was trying to raise red flags before being taken off the MFP lease financing work and given other assignments, including handling Ottawa's transfer of Windsor Airport to the city. "That's why I'm so adamant about the whistle blower policy. If other people are in my circumstances, I intend to give them some outlet."

Hmmmmm. I wonder if Mike has a copy of his report and would release it as a "whistleblower."

BICYCLING

What bicycling path should the City take?

"A recent ruling by the Ontario Ministry of the Environment allows the city to widen parts of Riverside Drive — against the wishes of some residents — in order to create an unbroken bike path along 16 kilometres of waterfront."

Perhaps before the City does so, it should remember this case:

"City told to pay injured cyclist; $844,450 award.
Ruling called victory for everybody who uses road

Calling Windsor "reckless," an Ontario Superior Court justice has ordered the city to pay a prominent city surgeon $844,450 in damages for not warning him about a raised catch basin that threw him from his bike, injuring him for life.

"This judgment is really a victory for everybody who uses the road -- in-line skaters, runners, cyclists, mopeds, wheelchair users," said lawyer Martin Wunder.

"It's going to, I hope, make the city and other municipalities be more responsive and responsible to their obligations to their cities..."

Yovanovich said he's happy with Morissette's judgment because he thinks it may improve road conditions for cyclists.

"The City of Windsor has really had a callous attitude and generally shown reckless behaviour in terms of safety issues for cyclists," Yovanovich said. "They are spending, from my view, a great deal of time, resources and income planning new bicycle trails when they should be putting a little more effort cleaning up and maintaining the trails and roadways that are presently available to cyclists."