More Border Issues

No, not those borders. Rather these issues which are of concern to Windsor/Detroit.

Here are some more thoughts that you may want to consider.

DO THEY REALLY SUPPORT THE AMBASSADOR BRIDGE COMPANY

I am sure that you were as surprised as I was to see L. Brooks Patterson, head honcho of Oakland County, and Richard Blouse Jr., President and CEO of the Detroit Regional Chamber, support the DRIC project rather than the Ambassador Bridge Project in a Free Press commentary.

We know that L. Brooks was involved in the embarrassment along with our Mayor in a press conference in Detroit where he endorsed DRIC and the Chamber has been a staunch DRIC supporter for some time.

A County Executive butting in again in a City of Detroit matter. Is he trying to undercut Ken Cockrel Jr. before he even has a chance to get going as Mayor! As I wrote before:

• "One has to ask the question, as disagreeable as it may seem given the turmoil in Detroit over the last few months, what motivated the County Executive to make his comments at this time..."

Was this statement a Joe Corradino event? It may be a mystery that can never be solved just like the press conference:

• “Patterson’s spokesman Robert Dustman said Joe Corradino of the Corradino Group handled the invites. The Corradino Group is a consulting firm working with MDOT on the project.
  
  Corradino said Dustman was responsible for the guest list.
  
  “I didn’t handle any of that,” Corradino said.
  
  Francis, Windsor’s mayor, also said Corradino put the list together.”

Bear with me. What if you are these two people and you want to drop your support of DRIC. How do you do so and not look like a fool?

Of course, one way is to tell people that you have examined the situation and that you have changed your mind and are now supportive of the Ambassador Bridge project moving forward in an expedited fashion. That does not mean that you have to withdraw your support of DRIC. All it means is you have looked at the arguments, as an example made by Senator Cropsey, and believe that they make sense today for the region.

Of course, some people in positions of power might be unable to ever admit that they might have made a mistake in the past. People might start questioning some of their other decisions.

The other approach then it is to create a "strawman" as the basis of your support and then when it is knocked away, you can change your position. That has to be exactly what these two gentlemen have done.

I cannot believe that these two smart man and their staffs are so out of touch that they did not know what the true legal position in Canada is. I am sure that they did not want to spread deliberate falsehoods so they are hoping that someone will clarify the situation for them so that they can back off. They made this comment:

• "The current fight in Lansing is whether to build another private bridge across the Detroit River or to construct a publicly owned bridge through DRIC. This is really a moot debate, because the Canadian government passed a law prohibiting the proposed location of a private bridge that would dump additional traffic into downtown Windsor. Therefore, the next viable option is a public bridge, which is what DRIC is attempting to accomplish."

THERE IS NO SUCH LAW IN CANADA!

Do you see how clever they are? Look at what they also say:

• "The next viable option is a public bridge"

Once they are told that there is no such legislation, then they can support their preferred alternative, the Ambassador Bridge Enhancement Project.

Eddie Francis really should have invited L. Brooks to come over here when they met and should invite Mr. Blouse as well. Then they would know that the Ambassador Bridge does not route traffic through downtown Windsor.

They made one other comment that is completely incorrect as well so that this myth can be shot down also:

• "However, the longer the delay with DRIC, the greater the risk the bridge project will move somewhere else. Buffalo, a community that would welcome the jobs and investment from the project, is poised to build another international bridge if the DRIC process falters."

They have to know that a new bridge is going to be built in Buffalo regardless of what takes place here. Moreover, MDOT itself has said that our region does not compete with Buffalo for a border crossing:

• "Myth Debunked: Michigan & New York are in Competition
  
  ►Different trade corridors
  
  ►Different markets for commodities
  
  ►No indication of traffic shift from new crossing
  
  ►Both new crossings needed to support economic growth of region
  
  ►Southwestern Ontario land bridge between Michigan & New York

So these two gentlemen will now be able to switch their support to the Bridge Company after they are "corrected" in what they are saying.

I just don't know why such convoluted thinking is necessary. Why not do things the simple way. Politics!

Again, some people, dear reader, may say that this is wishful thinking on my part again. How wrong they are. These two gentlemen desperately want out of supporting DRIC but are afraid to admit the error of their way.

If they were such strong DRIC supporters, don’t you think that their comment would have been placed in the Free Press BEFORE the vote in Lansing and not AFTER everything was done. Clearly, they did not want to influence anyone to be negative against the Ambassador Bridge Company.

They have realized that the border crossing issue is not “moot” anymore. As more and more people are coming to understand, the DRIC bridge is not a viable alternative at all for Michigan.

Nor should it be one for Canada!

One final thought. If these men already knew the true legal position in Canada and they already knew that the Buffalo competion was a debunked myth, and yet they still made the statement, how should we judge them? If they chose NOT to look into these matters before they made their comment, how should we judge them?

More importantly, we would need to ask WHY they spread these statements if they knew they were wrong or if they did not do their homework to find out even after the negative comments after the L. Brooks/Eddie press conference! That is what really interests me!

ANOTHER BLOW TO DRIC SUPPORTERS

If only DRIC supporters would read the newspapers and figure out that new technology increases capacity at the existing border crossings at minimal costs compared with spending billions on a new bridge and plaza with connecting roads about a mile away from the huge Ambassador Gateway project.

If only they were ever able to get past their hatred.

Here's a story out of Port Huron that is another nail in the DRIC coffin:

• "ID system could cut wait at border
  Port Huron Times Herald
  
  U.S. Customs and Border Protection is installing new technology on the Blue Water Bridge that will use radio frequencies to upload biographical information about international travelers.
  
  The system, which officials say will reduce border wait times, comes as the Michigan Secretary of State takes the final steps toward launching a new driver license that will work with the technology.
  
  The new radio frequency machines, which are being installed at border crossings nationwide, work by reading a random digital number assigned to certain government documents, including passport cards and NEXUS, SENTRI and FAST cards.
  
  Chief Ron Smith, spokesman for the border agency, said the technology will allow border guards to view travelers' information on computer screens without having to type or scan information into a computer.
  
  When a car approaches the security booths, a machine will be triggered to read the
  numbers on the government documents. By the time the car is to the checkpoint, the guard will have information on a computer screen, Smith said.
  
  Having the information automatically available will save 10 to 15 seconds per vehicle, Smith said.
  
  "That is going to wipe out seconds per car," he said. "And that doesn't seem like a lot until you realize that 3,500 cars cross that bridge every day."

DRIC IS AN "OFFICIAL" MEGAPROJECT

I only wish I had found the MDOT presentation before.

As you can tell from these two slides, MDOT admits that their project should be viewed in the context of being a MegaProject.

Without belabouring the point, I wonder now if we should analyze whether the MegaProject formula set out by the Danish Professor in his thesis fits in our context:

• "In fact, there seemed to be a formula at work:
  (underestimated costs) + (overestimated revenues) + (undervalued environmental impacts) + (overvalued economic development effects) = (project approval)
  
  Many project proponents don’t hesitate to use this Machiavellian formula for project approval, even if it means misleading parliaments, the public and the media about the costs and benefits of projects. The result is an unhealthy ‘‘survival of the unfittest’’ for large public works and other construction projects."

Hey, he may have something there! This might be a nice project for our new University of Windsor Ontario Research Policy Chair in Cross-Border Transportation Policy, Bill Anderson, to undertake! Perhaps I could get my Doctorate if he sponsored my studies too, assuming the strike ever ends.

Michigan Legislative Provisions

I thought that you might be interested in reading the actual wording of the budget provisions with respect to DRIC that was passed in Michigan.

In addition, I thought it might be even more interesting for you to read the brilliant, well reasoned argument of the Senator who supports the DRIC bridge in Michigan in the Senate Journal [sarcasm intended] and also the comments made by Senator Cropsey that will go far to prove "legislative intent" if this matter proceeds further.

I still find it difficult to understand why anyone would support DRIC based on the comments made by Senator Cropsey. There has to be something that I am missing since I just do not get it.

Please note the strong limitations imposed upon MDOT with respect to the DRIC matter that are now in "black-and-white" and in particular the comments made by Senator Cropsey. In addition, the Senator does need to tell us more about this blockbuster of a statement:

• "MDOT is honoring the existing commitments, including numerous agreements and the 1999 application for the Gateway Project. The department should be keenly aware that the Federal Highway Administration, Congress, the Ambassador Bridge, and taxpayers have all relied on the partnership commitments, and this Legislature demands that MDOT fulfills its commitments under the Gateway Project. Indeed, MDOT has the moral obligation to fulfill its commitments under the Gateway agreements, including the completion of the second span of the Ambassador Bridge. Anything less than fulfilling existing commitments will seriously undermine any credibility of the department."

Sit back and gasp as you see that the cost of the DRIC study in Michigan was 1000% more than originally projected, from $3.3 million to $33 million. I wonder what the percentage increase in Canada was.

• Sec. 384. (1) The state transportation department is allowed to finish the Detroit River international crossing (DRIC) study provided that activity associated with finishing the DRIC study shall not bind the state in any way to construction. Certain preliminary activities which are necessary to prepare a proposal for a decision by the legislature are allowed as long as they do not bind the state. Those activities include all of the following:
  
  (a) Applications for permits and approvals.
  
  (b) Preliminary design engineering work.
  
  (c) Preliminary utility planning and relocation.
  
  (d) Preliminary financial and funding arrangements.
  
  (2) 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 (1).
  
  (3) In addition, 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 cannot enter into any binding commitment to construct the crossing until authorizing legislation is enacted into law.

Do you think that MDOT finally understands that the Legislature makes the decisions after they are told four times that they cannot do anything binding without legislative approval? We shall see.

Senator Basham’s statement is as follows:

The previous speaker said that he was ready to take questions. I was here to make a comment, but I wasn’t prepared to have a debate on this issue. I believe the previous speaker did support the conference report. I do believe that a projection is exactly a projection. I know a good college in this state, the University of Michigan, that always makes a projection about the economy. The economy is supposed to be turning around. Just around the corner, we are supposed to have a bottom in this recession that we have been going through in the state of Michigan. Next year when we hear a projection, it’s always going to be around the corner next year.

I think that MDOT does a wonderful job for this state. I think you get a good bang for your buck. I think that certainly a projection is a projection, and I am glad that we can move forward with the Transportation budget and the DRIC process.

Senator Cropsey’s first statement is as follows:

I do have a fairly lengthy statement because this is a tremendously important budget, and it is one that will have implications well into next year and probably the years beyond...

One of the key sections that everybody is aware of is Section 384, which is the Detroit River International Crossing language. This states very clearly that MDOT cannot enter into an agreement to construct the crossing without specific authorizing legislation. Only certain preliminary activities are allowed in the process of preparing a proposal for the Legislature. Keep in mind that this is preparation of a proposal to the Legislature. That is, applications for permits, preliminary design work, preliminary utility planning and relocation, and preliminary financial and funding arrangements. But this is only to make a presentation of a proposal to the Legislature, and they cannot go beyond that.

I cannot overemphasize that I believe the DRIC bridge will reduce state road projects over the entire state for the next generation. The MDOT testimony is that the connecting roads cost at least $167 million. Citibank has said that the connecting roads could cost $1 billion. Citibank has also said that if a DRIC bridge is built, after five years of operation, we would probably need a subsidy of $965 million that has to come from the taxpayers or from somewhere.

For perspective, the state gets only 30 percent of all road funding, so for $167 million in connecting roads, we need to raise $556 million in new road funding. The $193 million annual subsidy means that you need $643 million in new road funding. The summary for the first eight years of DRIC, you will need a 10-cent to 12-cent per gallon gas tax increase just for the DRIC. These figures assume that the DRIC bridge will make up to 75 percent of all river crossing truck traffic, and if that was considered, it could be far worse.

There are a few other problems that we have with DRIC that I believe the department has to overcome. The department’s traffic projections in the last two decades, the MDOT has a poor history of projecting international traffic. For the Blue Water Bridge, their projections were too high by 60 percent after just 15 years. Worse, their projections for the proposed DRIC bridge are too high by over 20 percent after just four years. The MDOT testified in front of the ad hoc committee that private investors require an investment grade traffic projection study before building. MDOT miscalculations in international crossing traffic projections is stunning.

Another issue, the MDOT has a poor history of cost projections. The Blue Water Bridge was projected to cost $67 million. The new span cost $107 million, and the new plaza needed to correct the original plan will cost an additional $433 million—at least. The Blue Water Bridge will end up being 800 percent more expensive than projected. The MDOT projected the DRIC study to cost $3.3 million. Four years later, the cost had escalated to $33.3 million another 1,000 percent increase. The Michigan Department of Transportation claims the DRIC bridge will be self-supporting, but the only private sector cost analysis we’ve seen estimates the DRIC bridge will need taxpayer subsidies of just under $1 billion in the first five years. This methodology ought to give all of us pause.

The DRIC bridge would also devastate a Detroit community. There are several things that I believe needs to be done, and the department would agree on at least four of these before a DRIC bridge is built. First of all, you have to get a congressional or presidential permit. Congress has to act on it. Three things this Legislature must do: We have to have a P-3 law—a public-private partnership law—to govern a DRIC bridge; you need a toll provision law; and you need a governance law. Three items that this Legislature would have to pass. Other items that should be done is that Detroit should have a say; the Detroit City Council should give its approval. We also need an updated traffic projection, an investment grade traffic projection, on what we can do, and we should do it and not just allow Canada to do it, but this ought to be done with our interests in mind. We ought to have the study that says how a new DRIC bridge impacts the other three border crossings. Will they go bankrupt? Also the Ambassador Bridge and the Canadian government, in view of their legal settlements, the projections need to be redone in view of a new Ambassador Bridge going up.

I am especially concerned the committee concurred that the intent of this language does not in any way grant a license to MDOT, but rather it is a limitation. In the ad hoc committee, MDOT agreed that they have little expertise in alternative financing and public-private partnerships, and they agreed that they have no legislative authorization to proceed. I reminded MDOT that this state has had its clock cleaned on negotiating tribal compacts, and the Legislature is in no way interested in compounding our economic situation by allowing MDOT to negotiate with foreign interests. That is why we agreed that MDOT could only explore preliminary funding arrangements but has no authority whatsoever to enter into binding contracts with such financial institutions until they have explicit authorization from this Legislature. With that, I believe we are willing to take questions.

Senator Cropsey’s second statement is as follows:

I am rising to support this budget, but I did want to make very clear that Section 384, the committee was especially concerned that the intent of the language did not grant MDOT a license but a limitation. That is why we have said MDOT could only explore preliminary funding arrangements, but they have no authority whatsoever to enter into binding contracts with such financial institutions until they have explicit authorization from this Legislature.

This means that we expect Director Steudle or any DRIC consultants will not enter into any binding agreements, as the boilerplate states, on any public-private partnership in any way until there is explicit authorization by the full Legislature. In the meantime, MDOT and the DRIC consultants perform academic research to do preliminary financial and funding arrangements, but MDOT certain knows that this Legislature is watching and will reach with appropriate oversight to ensure this is merely preliminary.

Finally, MDOT is honoring the existing commitments, including numerous agreements and the 1999 application for the Gateway Project. The department should be keenly aware that the Federal Highway Administration, Congress, the Ambassador Bridge, and taxpayers have all relied on the partnership commitments, and this Legislature demands that MDOT fulfills its commitments under the Gateway Project. Indeed, MDOT has the moral obligation to fulfill its commitments under the Gateway agreements, including the completion of the second span of the Ambassador Bridge. Anything less than fulfilling existing commitments will seriously undermine any credibility of the department. The Legislature expects that we will study the DRIC for the future, but absolutely we expect to fulfill all existing obligations on the Gateway Project that is currently underway.

In talking with Director Steudle this morning, he very clearly stated to me that MDOT would not in any way impair the Ambassador Bridge project and stated to me that MDOT is on record that the Ambassador Bridge should be twinned. With that, I urge adoption of the report.

Border Race And Mayor Cockrel

For the border race, I do not mean the so-called competition between the Ambassador Bridge Company and DRIC as to who will build their bridge first.

Rather, I'm talking about what euphemistically might be discussed under the subject heading of "Environmental Justice."

• "EXECUTIVE ORDER NO. 12898
  
  FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE IN MINORITY POPULATIONS AND LOW-INCOME POPULATIONS
  
  By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
  Section 1-1. Implementation
  
  1-101. Agency Responsibilities. To the greatest extend practicable and permitted by law, and consistent with the principles set forth in the report on the National Performance Review, each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations in the United States."

The EPA defines environmental justice as

• “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies."

This is really not something that has been addressed on our side of the river. It is not the kind of issue here as it is in the US. It is certainly not something that we would be very comfortable talking about.

If you want to understand it very graphically, then listen to the clip above that I recorded. Listen to this interview that I heard on one of the Detroit radio stations. Adolph Mongo is a community activist and head of Adolph Mongo and Associates, a political consulting firm in Detroit.

Listen especially around the 4:15 minute mark. To me as a Canadian these are shocking comments. I would be surprised if anyone would dare make these types of statements over here. Yet, when I made a presentation to Detroit Council several years ago along with a number of other groups with respect to the border crossing, race was a very big issue with Detroit Council. I was quite surprised about how directly and easily the subject of race was brought up and discussed. Obviously my Canadian naïveté was showing.

As for the new Mayor of Detroit, if he is to be consistent with his past, he will have to take action immediately to put DRIC on hold. Below is a resolution that he introduced a number of years ago with respect to DIFT-- the Detroit Intermodal Freight Terminal. His concern was with respect to project of about almost 1,000 acres. When you combine that project along with several hundreds of acres to be eaten up by DRIC, then South West Detroit is devastated.

More hundreds of homes and businesses will be torn down in the name of these projects and people forced to move and relocate at a time of uncertainty while the tax base of Detroit will be further eroded by these projects.

No one it seems has taken a look yet at the combined environmental impact of both projects in Detroit. They are kept separate and distinct for obvious reasons. In fact, one probably should take a look at these two projects along with the Blue Water Bridge project as one total package to see what the impact will be on both Detroit and Port Huron. After all, the DRIC DEIS deals with the impact on traffic of a new DRIC bridge being built in Windsor/Detroit.

I found a copy of a note that I sent to then Member of Council Cockrel in January, 2006 and the response I received back from him. Here are some excerpts:

• I remembered your remark at Delray that there was a need to study all of the various projects being planned in South West Detroit as a whole and not look at each one separately. If you needed a practical example of the need to do so, this may be the information you need! [I sent him a copy of an MDOT Powerpoint]
  
  Interestingly, I note:
  
  -The same consultant is involved in both projects (Corradino)
  
  -The same project manager is involved in both projects (Mohammed Alghurabi)
  
  -There is the same threat to the community and the same constituents that are in harms way
  
  -Same process by which MDOT determines what Detroit needs
  
  -Same lofty expectations and the view that Senior levels know better (DIFT--"the greatest opportunity to stabilize Livernois-Junction yard, secure significant public infrastructure investments (from which private investment follows), and add economic value to the local community is through negotiation toward a partnership with MDOT."
  
  -Same negative impact on Detroit
  
  
• REPLY----I am not entirely surprised at this given that MDOT has a history of publicizing that both these projects as well as the proposed DRTP are all under active study. MDOT director Gloria Jeff has even come before our City Council and the Southeastern Michigan Council of Governments on multiple occasions and said as much.They have not gone so far as to characterize the projects as a "package though" so that is interesting.

Mayor Cockrel has no choice but to insist that a major environmental impact investigation be undertaken immediately. Let us find out early on what he is made of. If he does not do it, then he may as well not run during the next mayoral campaign.

If anyone believes that the border race will soon be finished, they will have a big surprise waiting.

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!

The Nutcracker Suite: Dance of the Mighties

It’s a new television season. Have you been watching “Dancing with the Stars” or have you had a chance to see the auditions on “So you think you can dance?”

They are nothing compared with the choreographing that is going on in Windsor these days between the City and the Provincial Government. The star couple by far is the Mighty Mayor of Windsor and the MITI Minister from Queen’s Park who have learned the dance steps so well.

What a nothing story in the Star today about the conversation between the Mayor and DRIC yesterday.

• “Mayor Eddie Francis says he was left frustrated by his meeting with Detroit River International Crossing representatives on Tuesday, and no progress was made in the "stalemate" between the binational study group and city hall.
  
  "What surprises me is that over the course of the summer, the discussions that have taken place under the environmental assessment process have not yet resulted in DRIC compromising, or even moving toward a compromise," Francis said.
  
  "I would characterize this entire process as very difficult and frustrating. Today's meeting was no different than many other difficult and frustrating meetings that I've attended over the course of this file."

That’s it, nothing more? The City is just going to sit back and take what the DRIC consultants want to shove down our throats?

• “Francis said an additional purpose of Tuesday's meeting was for the city to determine if a solution could be reached in its deadlock with DRIC.”

A fairly frustrated Francis has to be fumingly furious. Say that tongue-twister quickly five times!

In passing, Councillor Halberstadt has to feel vindicated. Remember, he was raked over the coals for using the C-word. Using that term is now acceptable. I sure hope someone apologizes to him:

• “Francis said the city remains committed to its GreenLink proposal, but "we understand the significance of this project. What we were hoping to have was meaningful discussions under the environmental assessment process, whereby a compromise could be found.”

So that is it. Greenlink is dead. The DRIC bureaucrats win. And it’s all over.

Hardly.

Since when does anyone beat our Mayor? Since when does anyone outsmart him? Since when is someone allowed to play by their rules and not by Eddie’s?

Come on, he is our hero and champion standing up for Windsor’s quality of life. He will not back down or off. He has to protect us and keep those County villains from clogging up our Expressway with Montreal-to-Tijuana international trucks. Heck, he has a future career to protect too. He cannot go out as a dud of a Mayor who failed at everything!

What we see taking place is “Dancing with the Mighties.” No, it is not a missing section of the Tchaikovsky ballet but rather is a series of choreographed steps designed to make our Mayor look like a hero. It is similar to what the auto companies do with the CAW during their negotiations.

Some of the things that happened over the last week or so are now falling into place. Here is a timeline to make it easier for you to understand what is happening:

Sandra on EH-News:

• Darryl Newcombe: …Cropsey’s amendment would also delay work from starting here in Windsor, threatening the Province’s commitment to have construction begin by the end of 2009.
  
  MPP Sandra Pupatello: Some of these projects are so huge, they transcend political parties and political behaviour by any one political career. We need to get this done.

Note on Chris Schnurr BLOG based on an out of the Blue call from Sandra's office:

• But her office stated that the Province of Ontario is “absolutely” committed to construction of the W.E. Parkway so long as there isn’t a lawsuit.

Windsor Star story:

• "Mayor Eddie Francis meets Tuesday with DRIC consultants to ask what it is they still need to study -- five months after the binational group announced its "final recommendation" on a new border route heavily criticized by Windsor."

Windsor Star story:

• “Mayor Eddie Francis says he was left frustrated by his meeting with Detroit River International Crossing representatives on Tuesday, and no progress was made in the "stalemate…” What we were hoping to have was meaningful discussions under the environmental assessment process, whereby a compromise could be found.”

Predicting the future:

• Mighty Eddie and Council threaten litigation by instructing their counsel (David Etrin still?) to prepare immediately a Statement of Claim suing the Province over the DRIC Road for failing to meet the requirements of the EA process.
  
  MITI Sandra denounces this action as jeopardizing thousands of jobs and threatening to pull the plug on the DRIC Road.
  
  Moaning and groaning by the strap-on “W” Media praising Mighty Eddie for his tough stance on behalf of Windsorites.

It is pretty obvious that this dance is taking place. It has to be a Mia Michaels dance movement since it is so complex.

All of a sudden the Province is threatening to pull out of building the DRIC Road if the Bridge Company does something foolish (that was the EH-News story) or if Eddie does (Note: When do politicians ever reply to Bloggers unless there is a purpose to be served). Eddie is huffing and puffing in the Star story about DRIC which means that he is going to threaten a lawsuit. Again.

The reality is that this is nothing more than allowing Eddie to save face after the Province turned him down on the Tunnel deal and after saying no to him on Greenlink. Those were two of his key deals and he has failed on them. He really does not dare sue and we all know it. As Eddie said:

• “we understand the significance of this project.”

Do you really think that he wants to be run out of town along with his Council colleagues as the one responsible for losing 15,000 jobs.

My guess is that the Province will graciously back off to make Eddie look like a hero. Why else did Henderson write the recent nasty Column that he did with respect to Sandra. That was Gord's threat to Sandra to play the game or he would destroy her. If she goes along with Eddie, then Gord will make her a Provincial Star who forced the Premier to knuckle under to what she and Eddie want to do for the good of Windsor.

If Sandra plays along with this, and unfortunately I believe that she is a mere pawn with McGuinty calling the shots, she will look extremely weak and will be susceptible to pressure until the next Provincial Election. She loses her credibility.

Why the Province needs to give in to Francis is beyond me. What option does he have? Just take a look at the Star Forum on the DRIC stories over the past few days. Who supports the Mayor?

Sigh, it is so predictable.

Okay judges, your scores for this dance routine.....