"Cowardice asks the question...is it safe? Expediency asks the question...is it politic? Vanity asks the question...is it popular? But conscience asks the question...is it right? And there comes a time when one must take a position that is neither safe, nor politic, nor popular but one must take it because it is right." ~Dr. Martin Luther King

Thursday 8 March 2012

The Town Was Not Well Served

Anonymous has left a new comment on your post "Terms of Endearment":

This thing has escalated beyond belief. What first appeared to be a scandal now looks as though there are criminal offenses involved. All Aurora council can do is cut off all funding at an emergency Council meeting .It can be done if Walmer can field a meeting in one day. DO IT NOW
I am not qualified to suggest the remedy. Aurora is sick to tears of lawyers. But we need expert help, the police, the CRA, law Society. Someone reading out there should direct us at this stage. We are in over our heads , only capable to stopping the flow of good money after bad. DO IT NOW

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 It hasn't escalated. There are no criminal offences.

The lid  has been lifted from  a pool of political machinations , that accomplished  a perfidious objective to keep  hidden from"Stakeholders" the drain of millions of tax dollars,surrender  of  a  valuable asset,  rent and maintenance free.   to a group we know nothing about,who clearly believe possession is nine-tenths of the law.

The town's interest has not been served.

It was through an e-mail from a board member we learned  they had been advised by their lawyer. they were doing everything right and he was a former Councillor.

It was the town solicitor who revealed  the town did not have a solicitor representing our side when the agreement was drafted.

He suggested  we were represented by a law clerk.

I noted when he presented the report he was being discreet,

Names were  conspicuous in their absence.

I do not accept the premise a law clerk was responsible.

On the night the agreement was approved , an amendment directed the agreement be reviewed by the newly appointed town solicitor and any modifications needed be brought to council's attention.

The record of Council approval could not have been left out of the review.   

A Councillor  asked who had been involved in drafting the agreement. The  response was names were not  discovered. 

We know Mr. Ballard ,not then a Councillor, but also the architect of the transfer of the town's hydro building to the Queen's York Rangers without following due process,was involved in the Culture Centre agreement. He was not alone.

When I  requested a  review of the agreement, the Mayor was initially cold to the idea. He was concerned about the solicitor's workload.

It seems, at that time,unbeknown  to Council, The Mayor had  been attending board meetings. on the basis he keep secret whatever he saw or heard.

The town solicitor had advised against  attending.  He did anyway. .He indicates he would again and we are left to assume all that was seen and heard would continue to be kept secret.

Another e-mail from a board  member informed  by e-mail, there had been communications  with the town. Regular meetings were held  with the CAO.

We did not know that. .

Last  October, Council passed a motion directing the CAO to meet with the board and discuss ways and means of resolving  differences.

On Tuesday, the Board Chairman, stated that  never happened.

The chairman's statement was not challenged. 

Five months had  passed since direction was given. No reports, progress or otherwise, have been tendered to Council.

Councillors have been asked to indicate interest in participating in  group  discussion with board members to resolve the problems.  

I am of the view, since the dispute is legal , a group discussion  is unlikely to accomplish anything.

 I believe the solicitor would best be  able to suggest a formal process likely to produce results.

The Mayor has forwarded the idea. 

I find myself out of  accord with  colleagues on many aspects of the problem.

I accepted the advice of the former treasurer for arm's  length  board of management, as the best way to govern the facility.

We've done that.  I am not willing to spend more millions of  tax dollars, while  tinkering with am experimental disaster.

All the while assuring the community of efficient fiscal management.

In my judgement, under these circumstances,  no such assurance can be given

The town has not been well served.

Even before discovering the secrets, as early as January 1st 2011, before this council's first budget, I was convinced there should be    an end to the  unconscionable drain from the town treasury.

After twelve months ,we are no closer to  solution . The community is  now  aware of  the board's obdurate refusal to co-operate and council's lack of intestinal fortitude to deal with the issue.

I do not agree current members of this board are the only people in the universe who can manage this facility.

No  matter whose advice they accepted to proceed on the course they took, to  defy the town's authority, I  hold each and every one responsible.

The town  has  cause enough to sever the agreement immediately.

The town has been badly served.

11 comments:

Anonymous said...

A simmering pot in virtual perpetuity, that is what we have in Aurora, its foul odours fill the air.

There is no chef nor cook nor even apprentice pot stirrer.

And so the pot simmers and gurgles and bubbles malevolently.

Is there no one in charge, no person with a sense of responsibility, someone who is capable of acting, someone who can drain this simmering pot, wash it out well and start all over again?

Staff seems incapable, councillors are confused and the CEO continues with his confidential meetings. For what purpose? To what end?

This is a disgrace.

Anonymous said...

How very disappointing. Council has deliberately chosen to address the needs of those who did not elect them into office over those of us who did. I truly expected better.

Resident said...

Shut it down - ASAP

Anonymous said...

I suspect Mayor Dawe would have been trying to negotiated with the iceberg as the Titanic sank.

Anonymous said...

I agree that nothing ciminal has happened here.

I don't understand why people are bent out of shape that Vranic was their lawyer? I think the blame then falls to the council of the day (all of them!) to allow an agreement to be negotiated and consumated. If there was a follow up that was to occur but did not... who's fault is that? Council? Staff? I don't care who was sitting in the Mayor's chair at the time.

I would also like to correct a statement you made here. "We know Mr. Ballard ,not then a Councillor, but also the architect of the transfer of the town's hydro building to the Queen's York Rangers without following due process..." Whether you want to admit it or not, there was due process. Mr Ballard was no more the architect than I was. He has NOTHING to do with the QYR. He is with the civilian QYR Association. If you have a problem with this deal... and you do.... take it up with the Minister of Defence and stop giving credit to someone who did nothing.

Anonymous said...

2:14 PM
That sounds like Ballard indeed " someone who did nothing " Works for me. He seldom does.

Anonymous said...

I cannot comprehend a Mayor who makes time for numerous secretive meetings and won't hold a single one to inform taxpayers and his Council. Or one who ducks out of a reasoned debate on the problems facing the town. That would have been very helpful even if it just allowed him to express his thinking. He cannot comment on the board's secretiveness while displaying his own.

Anonymous said...

I do believe, 2:14 PM that the intention is to correct a faulty agreement [ I had no idea how badly it was done ] and to get on with things. No one cares who's fault anything was. This is today's mess and has to be repaired. But, in order to understand how to correct the situation, one has to take a really good look at the history. Just as Damir V should have looked at any comparable operations he could find. We do not to throw the baby out with the bath water. The lovely building will remain, the financing must be redone, and the place will continue to host cultural events with the Museum as an integral part. The free-loading has to end as the ACC must have known when they refused to negotiate.

Anonymous said...

"No one cares who's fault anything was."

Aren't you reading this blog? Cllr Buck certainly does.

Apparently everything at "fault" is down to a secretive MorMac Cult or some nefarious Morrisite cabal. It's all the same tinfoil hat conspiracy theory, anyway.

Anonymous said...

To 5:25 PM

Is that you Phyllis ?

Anonymous said...

To: 8 March, 2012 5:44 PM

Your statement really shows the problem with this whole situation that is so confrontaional.

On the one side you say.... "No one cares who's fault anything was. This is today's mess and has to be repaired" Which seems like a rational response.

Then..... "The free-loading has to end as the ACC must have known when they refused to negotiate."
Using words like "free-loading" and "failed to negotiate" is part of the problem. They have backs up. I think (and this will not be a popular statement) that the board feels that they HAVE negiated in good faith back when this deal was done. They had legal advice, they went forward. They do not think that they are free-loading.

And before someone chimes in saying that this is a MorMac plan. Please, MorMac did not sit in Evelina's basment and cook this stuff up. THEY ARE NOT THAT BRIGHT!!!