Ring Around O' Rosey

It was an evening like no other.

It started at 5.30p.m. Council convened from open session into closed session to receive solicitor/client advice on the question of the Westhill Development Application , the last denial of a Joint Board Hearing and next steps.

It was an appeal to the Divisional Court, of a decision of the Ontario Municipal Board, to deny for the second time a request for a Joint Board Hearing.

It was denied.

Lat night, we were meeting with the solicitor to decide what to do next. Although the Mayor had already been quoted in the press that "My colleagues and I are appealing the decision"

The Mayor said last night the quote was incorrect.

But that's what we did alright.

The vote was six to three.

It may have been the most straightforward thing that happened last night.

By now everyone must know the exceptions to the rules that allow for public meetings to be closed to the public.

We did receive solicitor/client advice. Heavily steered as usual by the presiding member.

On the Mayor's invitation, a second solicitor joined us at the table. Not retained by the town to give advice. We got it anyway. Again steered by the Mayor. All the while throwing away lines about items from close door sessions not being discussed in public

The question arises; is advice received from a solicitor, who is not the town's solicitor, subject to confidentiality of a solicitor/client relationship.

I don't think so.

The solicitor is named Northey. He has represented neighbours of the Westhill
Development proposal, in several failed attempts to obtain a Joint Board Hearing on the Westhill application.

We were informed, though it was not our business, he had worked pro bono in the last failed appeal to the Divisional Court because the neighbours decided after the third failed effort they were not going to spend any more money.

The Town proceeded in the fourth failed attempt to get a Joint Board Hearing. Though council authority was not given that I re-call.

Last night was convoluted. We had two closed sessions.Three open. Between them we received a delegation from Ms. Walmer urging the town take up the cause and go forward with yet another appeal.

Four or five e-mails were received urging council, on behalf of the residents of Aurora, to go forward with still another appeal.

In a somewhat tortuous process, the clerk was directed by the Mayor to include the e-mails on the record of the second closed door meeting . Or the first. I am no longer sure which.

It was never clear.They were never discussed .

Finally, out of the second closed door meeting and in the third open meeting, came the decision noted earlier to appeal against the decision to deny the appeal against the OMB. denial of the fourth effort to obtain a joint board hearing.

There was also a second resolution to approve a decision which was not articulated.

Over several hours, a variety of matters were discussed behind closed doors. I was by no means sure which formed the resolution. It had to be unarticulated because it was a secret don't you know.

The last motion of a formal meeting is the confirming bylaw; the means whereby all is made whole and complete.

The Mayor, from the chair, called for a recorded vote .

My solitary vote is recorded against.