Thursday, March 8, 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.

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