Friday, May 11, 2007

Nine Hours In Camera On The Border



Honestly, I was trying to figure out what Council was doing in secret over the past quarter on the Border file. Nine out of the twenty hours spent in camera dealt with the border.

I knew it had nothing to do with the City spending $75M on the Tunnel deal with Detroit since the people I talked to had no idea about it until it hit the media. It was too complicated for Councillors anyway so why bother them about it. All that high finance stuff you know.

I knew it had nothing to do with the Ambassador Bridge Co's enhancement project since the Mayor and Council saw no need to speak to them since they get their information on the border from BLOGGERS.

The only thing I could think of was a discussion about a tunnel between Highway 401 and the border. So I thought I should remind you of what was accomplished or rather, how you were fooled by Council as the Motion on the tunnel was passed.

Moreover, I thought I should also remind you how the Mayor is trying to muzzle Council so that no one says or does anything except himself. And have you noticed that there has hardly been a border story in the Star for weeks now. I imagine that the City's lawyer has had something to say on that! But it's OK....the public does not need to know anything anyway.

Oh, and there may have been some discussion about bringing Gridlock Sam back for another one of his THINK BIG presentations. This time it will have something to do about a tunnel I believe.

Now you know what is done in secret.

I am posting below the Motions as passed by Council respecting the border.

You will note the wording of the main Motion which totally guts the tunnelling concept since it is restricted to only ONE route. I'll explain why Marra's broad initial wording could never be passed.

The second Motion is very interesting....It is designed to stop the Three Blind Mice in their tracks and probably to prevent any Councillor from opening his /her mouth or to write a BLOG too. Eddie is NOT the negotiator but "the voice of Council on this matter."

If it means that Eddie is merely the "spokesperson," then the Motion is harmless. But if it means he has total control then it should be ignored by everyone.

It seems to me to be a violation of the Procedural By-law since no one "waived the rules." But then again, that ignoring by-laws does not stop Councils under this Mayor.

  • "13.9 Notice of Motion
    a) Notice of all new motions, except motions listed in Section 12.6, shall be given in writing and may be delivered to the Clerk prior to noon of the Wednesday preceding the date of the Council meeting or may be introduced at a meeting of Council but shall not be debated until the next regular meeting of Council. In either case, the Notice of Motion shall not be before Council for the purpose of discussion and/or debate until the next regular meeting of Council."

If I was a Councillor, I'd also ask my lawyer if Council can give to the Mayor such sweeping powers under the Municipal Act. Councillors cannot delegate away their statutory duties:

  • Sec 224. It is the role of council,

    (a) to represent the public and to consider the well-being and interests of the municipality;

    (b) to develop and evaluate the policies and programs of the municipality;

    (c) to determine which services the municipality provides;

    (d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council;

    (d.1) to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;

    (e) to maintain the financial integrity of the municipality; and

    (f) to carry out the duties of council under this or any other Act.

NOTICE OF MOTION

  • Moved by Councillor Marra, seconded by Councillor Hatfield,

    M74-2007 WHEREAS tunneling projects are common throughout the world; and

    WHEREAS the City of Windsor wants to protect neighbourhoods and get trucks off local streets; and

    WHEREAS tunneling combined with capturing and scrubbing emissions will significantly improve local air quality; and

    WHEREAS the Town of LaSalle adopted Resolution 7652/06 supporting tunneling and has advised Detroit River International Crossing (DRIC) of that position; and

    WHEREAS the Town of Tecumseh Planning Committee adopted resolution PC-41/06, supporting LaSalle's resolution on Tunneling; and

    WHEREAS the Warden of the County of Essex stated that tunneling is the least intrusive option; and

    WHEREAS there have been numerous public statements and correspondence from the City of Windsor urging tunneling;

    THEREFORE BE IT RESOLVED that the City of Windsor advise DRIC that they must have a tunnelled solution as the design of the highway through the corridor determined by the final DRIC process, with an absolute imperative to mitigate any and all impacts on local residents and the community as a whole from Windsor Border Traffic. Adoption of this motion in no way indicates or implies any support for any existing Border Crossing Operator or Proponent of a new Border Crossing.

    Carried.



NOTICE OF MOTION

  • Moved by Councillor Gignac, seconded by Councillor Lewenza,

    M75-2007 That Council RECONFIRMS previous direction with respect to communications on the border matter, to allow the Mayor to continue to be the voice of Council on this matter.

    Carried.
Now here is why Councillor Marra's Motion could NOT pass. It was in conflict with the previous Motion that was passed at the infamous City Council meeting held in Tecumseh. That Motion did NOT suggest tunnelling except for a very limited area.

NOTICE OF MOTION

  • That City Council, in response to the DRICP Area of Continued Analysis, ENDORSES the Schwartz/Estrin Proposal, which includes tunnelling under Talbot Road from Highway 401 to Todd Lane, with a full environmental assessment in terms of all alternatives west of Huron Church Road

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