Note to Eminence Grise: Eddie had better apologize and do it quickly. It is "or else" time! The Raceway people are not afraid to take Eddie on and from what I am hearing are prepared to do so.
Eddie has totally misjudged the anger of the Toldos and Rosatis about being used in his dispute with WCA. He should do what their lawyer did when he was called to task by the lawyer for PCR. Admit the mistake and end the dispute. I suspect that Eddie will not admit he was wrong and this matter will escalate into another war for the City! That will allow Council to add another name to the City's "enemies" list.
I have attached to this BLOG, above, the letter sent by the Raceway people to the Mayor along with the attachment, below, their August 3 letter.
There are 2 stories in the letter. Let me talk about the obvious one--the Apology-- since it is easier to discuss first. Then I will discuss the second, more important, one which has the potential to stop the PCR arena in its tracks.
I am not going through the history of the arena war again but the fact that the Toldos and Rosatis had to go to Tecumseh to build their arena ought to give you some indication of the feelings between them and the Mayor.
The Windsor Construction Association's complaint was that "in our opinion, administration was negligent in informing Council that compliance with this By-law has occurred relative to the provisions of the "sole sourcing" procedures as defined." This was in relation to the PCR arena only.
Why it was necesary for the Mayor to drag Project Ice Track back into the story is beyond me. The WCA complaint had nothing to do with them at all.
Trying to answer the Construction Association's complaint, the Mayor stated
- "Francis noted that the association's complaint about sole sourcing would have applied to Windsor Raceway's proposal for the Ice Track arena, since that would not have been tendered either if council chose that project. "That would have been sole sourced as well."
I must admit that I do not understand the Mayor's comment. He knows or ought to know that there is a big difference between the two projects. Project Ice Track was a public/private partnership with the City contributing $15M. Under the Purchasing By-law, which was amended during Eddie's term as Mayor, "A Sole Source purchase may be used for the purchasing of goods and/or services for Contracts of any Contract value....Where a public/private partnership exists."
The PCR arena is not a Sole Source purchase as far as I can see in the By-law and even if it is, it is not a permitted one. It is a design-build project which is completely different. The Sole Source P3 exemption does not apply at all to it.
The complaint was the legality of the process re the PCR arena not the legality of the process if Project Ice Track had won.
The Mayor must be in panic mode.
- "Francis wondered why the proponents of the new Tecumseh project would now be concerned about what was happening with Windsor's proposed arena. "I thought they had a deal in Tecumseh that they were happy about. We've moved on, so should they."
He said it was suspicious that the issue was raised on the eve of election day. "I find all of this very suspect."
What a ridiculous statement. HE is the one that cannot move on. HE cannot let go of Project Ice Track...HE brought them back into the story. HE was the one who raised the issue re the Ice Track a few days ago. What are they supposed to do, sit idly by if they feel they have been maligned? Are they to answer only when the Mayor allows them to do so and at his timing? HE made the election issue, not the Raceway. HE better apologize, or else
However, the BIG STORY is the deletion of Page 2. of Project Ice Track's August 3, 2006 letter from the documents revealed publicly in Administration's narrative of the arena projects and the consequences from doing so.
The Mayor stated in the Star story
- "This file has been open to the point that the average citizen knows more about this file than in any other jurisdiction."
How does he explain then that a key page of a document was missing? It is an absolutely crucial document. Citizens were given an incomplete file. Was its omission accidental or deliberate?
That page in effect states that the procedure suggested by the Mayor in relation to adding the East Side facility (2 icepads and community components) to their proposal was, in Project Ice Track's opinion, a violation of the Purchasing Bylaw. Interestingly, in its Report to Council, Administration did NOT give the reason why the "Ice Track proposal does not require that the east end facility be built as part of its proposal."
In other words, the Mayor knew in early August that there could be a major difficulty in moving forward in a manner similar to the way that he moved forward with the PCR deal. He was warned that the procedure may be in violation of the Purchasing By-law. Accordingly, the PCR deal as a "go-it-alone" deal and not a P3 could be in violation!
I believe that the Mayor must now show us the legal opinion he obtained in this matter justifying moving forward in the manner that he did. If he did not obtain one, then he needs to tell us specifically why the process is a proper one.
I have asked Mr. Duben and Councillor Gignac to do so and they have refused to answer me. Now I am asking the Head Guy to do so. If he cannot, then he is jeopardizing the entire East End project.
If the process is an improper one and the East End arena is stopped, then there is only one person to blame!
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