The Diary volume Ten

January 13th 2002 to March 3rd 2002
Sunday 3rd March
ramblings

A political sighting In a report of the happenings at the Ganaraska Region Conservation Authority it was noted that  a certain John Lindsay had conducted the elections of officers. Speculation ensued amongst the chattering classes about the the occurrence. He is not a member of the authority and he left them some 12 months ago. Perhaps keeping his hand in the political mix is all part of his holding onto things whilst he is on his sabbattical that was reported last week.


Are local Liberals satisfied? Murmurings still come into the office about the feelers still being put out by certain people wanting to see more people offer themselves to the membership. Whoever is doing it has asked (reportedly) four local Mayors (Delanty, Austin, Williams and Rinaldi) and others if they want to join the contest. The rumour about Rinaldi's invitation comes along with the story that if he did want to run funding would be no problem as Sobeys would be glad to support him in exchange for his support of Sobeys, as they need to build a downtown supermarket! Two things come to mind: whoever is asking is not satisfied with any of the candidates in the race so far and that they will not give up. A nomination date has yet to be set with the date of such a meeting being a contentious item. Those with the most people signed up want an early one and those who haven't signed many want a later one.

Cramahe Twp needs help The CAO. Gerry Morrison, issued a statement this week that not only is he quitting his employment with Cramahe Township but will issue another statement on the last day of his employment at 10am 28th March. So what gives here? I guess he says he is overworked (and underpaid?) and hasn't billed any overtime for years. He admits to having another job and consequently has withdrawn his name from the shortlist for the County CAOs job. So in one move he tells us all what a great person he is in such great demand, and at the same time tells us we won't have Gerry Morrison to kick around anymore. Ever heard of burning one's bridges Gerry?

A big glossy magazine arrived on our doorsteps on Friday. The ITER magazine. This rah-rah booster book is boasting about how keen we are to have the ITER project located in Clarington. 68,000 man-years of work and a total expenditure (I won't call it an investment) of 12 Billion dollars over 20 years. If anybody understands the project after the life of it (it is supposed to develop a prototype nuclear fusion generator) I will be very surprised. Still at a cost of 10 million per year from each of the senior levels of government it may look good if the other Billion per year or so comes in as well. Never be afraid to accept free money! I find it hard to believe that any of my grandchildren will be getting a job there but yours may. On the other hand I hope they distributors of the magazine know where Ron Dabor lived otherwise somebody is going to suffer literary slings and arrows.

The OMB decision came down and to no-one's surprise the chair ruled that the developer can have its way. I do object to some of the findings, especially the bit about not doing anything i the 14 month time period. First of all the 14 months was not caused by me, if the motion to dismiss had not been made all the Walmarteers would be shopping today, the hearing over and done with, secondly if my aim was to have a pre-hearing conference so that the issues could have been refined to be criticised for not hiring experts when I did not know the scope of the hearing is a bit much.
   In her decision she did two important things, one was to raise the bar for "qualified appellants" - it is now much harder for anyone to appeal to the OMB and she also used (misused) Madame Justice Epstein's decision to justify her own decision. (She said I could do this - nananahyah)

A funny old thing is happening in the book world. Michael Moore the writer of such tomes as 'Downsize This!" and "Roger and Me" has written another book. Called "Stupid White Men" it detailed the behaviour of the corporate elite and Dubya Bush and his cronies making the case that America is being run by people who are not looking out for the interests of 'Joe Blow'. Set for publishing before Sept 11th it was held back by the publishers once and then Sept 11th came along and Harper Collins refused to put it to the book stores. Read about the circumstances on his website here. 50,000 copies were headed to the shredder. Finally they agreed to put it into Amazon.com where the book shot up to the #1 position (the Globe & Mail listed it as #2 in Canada this week). In England without any UK distribution except Amazon.com it became #1. An amazing experience.
   For a detailed diary of his book tour click here it is a heartwarming experience (this is the start of about eight pages, but you have to start at the beginning). For a review from Amazon.com Click here

Not even the final word but another word. In its request for an independent inquiry into the local Police Dept, the President of the Cobourg Police Association makes the same case I did last week. Only an investigation with teeth in it will satisfy them. Stay tuned!

Look in the Files. This is a message to the County councillors who want to spend $20,000 on a transfer station at the MRF in Grafton to sort compostibles. When the county paid millions for the MRF it was planned to be a plant with a composting plant. The plans for the complex have been paid for. Check the files we might be able to save $20000. Such is the predicament when institutional memory lapses.

Jottings in graftonvillage.ca noted that Councillor Ray Benns had asked Haldimand/Alnwick council to apply a levy on each bottle of water from CJC. I wonder if he, as a rumoured shareholder of Spring Valley Water would agree to pay the same levy. Incidentally his motion didn't get a seconder and died on the order paper.

The body of an email sent this week
> BENTONVILLE, ARK (AP) - Some Walmart customers soon will be able to sample a new discount item -- Walmart's own brand of wine. The world's largest retail chain is teaming up with E&J Gallo Winery of Modesto, Calif., to produce the spirits at an affordable price in the $6-8 range.
> While wine connoisseurs may not be inclined to throw a bottle of Walmart  brand wine into their shopping carts, there is a market for inexpensive wine, said Kathy Micken, professor of marketing at Roger Williams University in Bristol, R.I. She said:"The right name is important." So, with that in mind, here are the top 12 suggested names for Walmart Wine:
> 12. Chateau Traileur Doublewide
> 11. White Trashfindel
> 10. Big Red Gulp
> 9. Grape Expectations
> 8. Domaine Walmart "Merde du Pays"
> 7. NASCARbernet
> 6. Chef Boyardeaux
> 5. Peanut Noir
> 4. Chateau des Moines
> 3. I Can't Believe It's Not Vinegar!
> 2. World Championship Wriesling
>
> And the number 1 name for Walmart Wine...
> 1. Nasti Spumante
>
> Now I never have to shop anywhere but Wal-Mart.

cc
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Sunday 24th Feb
Ramblings in the Diary
Column 40

The saga continues: This Police story will not go away! In order to present 'the truth' the Cobourg Daily Star is reprinting, as an 'exclusive', the transcripts of the testimony given at the trial of DC Foster. Apart from filling three pages of paper, at little cost, I can't see the motive behind this but have been reading it anyway.
   A couple of interesting things have turned up: the first is that former councillor John Lindsay, when questioned about his political status, explained that he didn't decline to run for re-election he 'took a sabbatical' and secondly it appears that the police cruiser came back to Cobourg in the 'fourth dimension' as Chief Kay said, under oath, that DC Foster had been driven back to Cobourg by Mr Lindsay and he had  come back with Mr MacCaughey, but then he (Kay) spoke about being given a ride home from the C & F, in Cobourg, by DC Foster in the police cruiser. Amazing what we can do these days in the transference of matter! (leave the cruiser in Port Hope and it will appear in Cobourg)
   But perhaps we should be grateful to the Cobourg Star for the revelation that John Lindsay's political career has only been interrupted because he wants a 'sabbatical'. From what we ask?


Congratulations to all involved in the campaign to eradicate train whistles, they achieved a victory on paper, (you haven't won until the money has been spent). This campaign was a textbook case of grass roots organising. First of all you decide to make the issue an election issue, secondly you ask/coerce/force or just make it obvious to the candidates that many electors are on side  and then you make sure that candidates make election promises. Of course it doesn't hurt to have a petition with 1500 signatures on it tucked away as final ammunition, but what I think did it is that the organisers never gave up. Well done.

In another twist of public relations the Cobourg Council and the Cobourg Police Services Board decided to have a joint meeting on Monday night. This meeting was preceded by announcements from the Mayor's office that a major news release would be taking place on Monday evening. At 6pm a strange press conference took place: one where all the major players were present. After reading a release that announced that the Solicitor General's office will be asked to conduct an audit of the Cobourg Police environment questions were directed to any of the people present. Halfway through the event and to the chagrin of the Chair of the PSB the Council reps upped and left - hey it was Council meeting time! The upshot being that not all the questions got asked of all the people. But who cares the governors look as though they are doing something.
  But the package started to unravel during the week when some of the reasoning behind the request to the Solicitor-General's office started to smell. The big reason, given by both the Mayor and the Chair of the PSB for not asking the usual agency (the Ontario Association of Police Services Boards) was that a similar request made by Belleville had resulted in a Million dollar cost. This has since been proven false and makes all concerned look a bit silly for playing fast and loose with the facts. And it gives the appearance of 'agency shopping' - trying to get a favourable report from a less critical agency.
   In fact the differences between the two types of review are like chalk and cheese. The audit done by the Sol-Gen's office will be not much more than an operational review with no powers to order changes, I understand that many of the changes recommended in the 1995 audit have not been implemented, so much for the effectiveness of an audit!
   The investigation under the OCCOPS is completely different as they operate under section 25 of the Police Act and can apply punitive powers (read fire anybody they want - in Belleville the Chief was retired and the DC demoted) if necessary, so is it any wonder that the powers to be want the skinny version.

The Thomas Gilbard school closing is entering a critical stage with the announcement that there are only three options being discussed by the committee that will be making recommendations about the closing. In releasing the options Mr Gilchrist, in his usual napoleonic style has insulted all the school and the staff by declaring that the school kids will be better served by being moved to a bigger school "because the standardised testing has revealed that Gillbard's kids underperform" So Mr Gilchrist instead of fixing the school and saying that standard tests can be affected by a small number of kids taking the same test you have said that because they are so thick they must be rescued and sent to "better" schools. Imperialistic and insulting.
   A few weeks ago the same vertically challenged senior citizen said to the world that he would not be commenting in the paper (about anything). Since then he has written three times, each time to refute criticism, and what he considers deformation of the facts, and to slam his opponents for not being as enlightened as he is. Gee I can't wait to see the letters he has ready if he ever decides to write to the paper and express his opinions!
   But back to the Gillbard affair. One of the options is to move students to CR Gummow and then move the 7 & 8 grade students out of Gummow to the East High School. I just hope the Board is prepared for the howls of protest from the parents at Gummow whose kids may be moved to the East HS. The Gummow school closing now has the potential to become a Cobourg issue.
  My opinion is that whatever is done by the parents and supporters this Board has made up its mind. This week two downtown schools in Peterborough, King Edward and Confederation moved much closer to closing. The methods proposed are the same as here; disperse the junior grades to other schools and move the 7s & 8s to Kenner HS.
   In a sinister and sleazy vein I have heard the same rumour from at least two different people; the reason that Gordon Gilchrist is keen to shut down the school is that he is tied to the people who want to buy the school. Now this is inflammatory stuff but I print it as a double sourced comment and I will not say whether I believe it to be true, just comments heard on the street!

Another charge of Sleaze: At Monday night's council meeting there was a public presentation by Mr Brad Wilcox, owner of the Cobourg Best Western Motor Inn. He appeared and rambled on about the fact that he feels slighted because he has not been appointed to the Town's ad-hoc committee that will study the proposed 'no-smoking ban'. He bases this opinion on a couple of facts, he is a major player in the hospitality business and he was the only person to apply within the prescribed time limit. He says that councillor DeVeau took a look at his name and then extended the deadline and found three other people to put on the committee. he alleged bias and alluded to an unfortunate family tragedy that councillor DeVeau suffered (her son died in one of the hotel's room about ten years ago). This veiled reference set off charges of unseemliness and low blows. The event has achieved none of the original intent: Brad Wilcox is still not on the committee but now has been seen as not a very nice guy, he didn't do anything to add to his reputation!

Still no word from the OMB. Madame Hubbard has not sent us her decision and opinion is divided about the effect of the appeals. There were three avenues of appeal: one was that that the Town had manipulated the Official Plan process to facilitate the entry of WalMart into the area, another was that the process used was contrary to the process that the Official Plan calls for and the last one is that the whole process (changing the land uses) was against the stated ambition of providing 'high profile serviced land for business park uses'. The Town's offensive depended on the allegation that all of the appellants had failed to fulfill their responsibilities, that the OMB calls for, by not being fully prepared. Basically it boiled down to the fact that the appellants did not bring an army of experts to bolster their assertions. When I was asked after I had entered into evidence an affidavit from a planner that said he was willing to work for me, "Why have you waited 14 months and haven't followed this up and hired them and done studies?" I answered quite reasonably that until the issues were defined at the pre-hearing conference why should I pay for opinions that may never be needed. This exchange exposed the nub of the problem that citizens now face.
   The OMB touts itself as a place that is people friendly and citizens should bring proper appeals forward. When they do big advertisements proclaim that a pre-hearing conference will be convened to identify the issues and figure out how to handle them. Citizens are even encouraged to speak to the Board and the ad states that 'you don't need a lawyer'! herein lies the outrage. Before citizens can approach the Board, at a Prehearing conference, to discuss their issues and determine how the Board will deal with their issues the plaintiffs, usually Municipalities and developers hit the citizens with 'motions to dismiss' and remove them (at great cost) from the legitimate appeal process. So one hand you have the 'friendly OMB' asking for discussion and then you have the same OMB using highly developed legal tests removing appellants from the process. It is a disgusting mess that only solidifies the appearance of the OMB being a totally unresponsive bureaucratic  agency devoted to advancing the interests of developers.  I bet that when Stephen Gilchrist rewrote the planning act and included measures to remove pesky public objections and speed up the process for the developers, he never thought it could be achieved in less that three years!
   The next battle, if there is going to be one, is when citizens try to get into the appeal by Royal Cobourg against the Town. This has been caused by compromising on the size of buildings on the Strathy Place commercial Mall. Despite being told by the Mayor that the Council will vigorously defend the former size of 15,000 sf they caved and settled on a size of 7,500 sf and allowed three exemptions to this limit. Some citizens still think that this compromise will endanger downtown and therefore will try to seek party status to the OMB hearing that will hear the settlement evidence. I have been asked to publish all letters of support for this position, of course I will. Just send them in.

Congratulations to area journalist Tom Philp for being nominated for a Provincial award, in fact the Brighton Independent was nominated in three categories, well done!
extract from the Independent:
The Independent is among the finalists in three categories of the Ontario Community Newspaper Association's (OCNA) annual Premier Category awards, placing in the top three for Best Editorial, Cartoonist of the Year, and Reporter of the Year.
In the Premier Category, contest entries are judged without regard to the circulation size of newspapers, and the list of finalists is dominated by newspapers from bigger centres including Oshawa, Sudbury, Mississauga and Peterborough. No other newspaper from the Northumberland region is on the Premier Category shortlists.

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Sunday 10th Feb
Ramblings
Just returned from the sunny south and I have read the past two weeks papers in one sitting. I really did pick the the best time to be away considering the opinions about my opinions but more on that later. What's that old French saying about change; the more things change they stay the same!


First up is where we went out; the 'police affair'. It seems that the Chief of Police is not going to resign, despite the urgings of the Mayor and one of his councillors. An exemplary career (his words) is not going to be blown away by a convenient resignation. Chief John Kay is not going to be the scapegoat for anyone. After all a resignation will put the boots to a potentially successful consulting career.
   The call for an enquiry, by all concerned,  would probably follow the thinking that Malcolm Blackburn exhibited in his recent letter to the editor. In that letter he opined  that the present Chair and Vice-Chair of the PSB, as well as the 'invisible man', the previous Chair - Dean (I want to be Mayor someday) McCaughey were all guilty of dereliction of office two years ago. Had they handled the affair in the way that the public is demanding today the debacle they find themselves in would not have occurred.
   In a bizarre twist at the latest meeting of the PSB a member of the public was allowed to say what he wanted to, to the Board, but in camera! Some public participation and transparency there.
   I will repeat my opinion; the only way this mess can be sorted out is to toss the lot out and elect new ones. Only problem is that there is no mechanism for that under existing legislation. All members are appointees and political toadies of one stripe or other.

In a connected twist is it any coincidence that Dean MacCaughey cannot be contacted for comment, he refuses to speak to me and could not be found by the Cobourg Star before storytime. Maybe if he did speak all he could say is "No comment" after all he has a pecuniary conflict of interest in all this - he is Chief John Kay's landlord. Kay goes MacCaughey loses a tenant and a chunk of change!

Moving on, how about the hypocrisy of the Mayor and his Deputy that was exhibited when they called upon Keith Oliver to disclose his new financial backers. They (M & DM) wouldn't tell who financed their campaigns before the election (whilst accepting campaign donations from Royal Cobourg and voting for Walmart at the same time)  and definitely not until the law told them to do so.
   I think they are just upset that more people are demonstrating that they do not like Council's support of bad planning anymore than Keith Oliver does.

In a win that demonstrates that occasionally the Charter of Rights is being interpreted in the way it was written we have the sight of striking workers informing their union brothers, and anyone else who will listen, about their labour dispute. The Bath local of cement makers are secondary picketing the construction sight of the new hospital. That has driven the local planners nuts and they (local planners and hospital administration) claim that the final cost will be driven up. Well who said that democracy comes cheap?
   In a related labour matter it has come to the attention of the BurdReport that Maple Engineering, a company doing work at Kraft General Foods, is using tradespeople supplied by  a Company called Labour Ready, from Peterborough, who get paid about $9.00 - $11.00 per hour whilst the Agency gets a few bucks more per hour per person. The wonders of sub-contracting!

Three of us will be at the OMB tomorrow when the disputed OPA 54 will be appealed. The Town and Royal Cobourg will joining forces to dismiss the appeals of Oliver, Schumann and Burd. The defendants have counter petitioned to have the motion quashed and have the Chair, Madame Marie Hubbard, excuse herself on the grounds that she is incapable of conducting an impartial hearing. It should be noted that that the Town's defense of its OPA 54 against Royal Cobourg Centres Ltd is scheduled for a later date. Really both sides are trying to cave in and agree to measures that will wipe out downtown. An interesting discussion has already started by RCCL first trying to break down the DBIA by making noises about its deal, worth $60,000, and then publicly announcing that they would like a lower allowance for retail stores, in their development, than previously suggested (and being resisted by Town Council). It obviously looks like RCCL not liking the 15000sf limit (contained in the OPA 54) has suggested to Council (backed by an unsupported planning document) that the limit should be 5000sf and then  entered the public arena shouting that they would really like a 3000sf limit. The stage is set for a public compromise, despite Council's assertions that the 15000sf limit "would be defended vigorously".
   Meanwhile the battered DBIA desperate to keep their businesses alive doesn't have the wherewithal to object. It will be interesting to see the Mayor and Council suck and blow at the same time; publicly declaring to save Downtown and yet greasing the skids for its demise by taking away the only protection they have - the 15000sf limit.

Now to the matter of a letter that I wrote to the Cobourg Daily Star on Jan 18th. This was reported on in detail in the last issue of the BurdReport. Returning from vacation yesterday and reading the back issues I found four letters and a diatribe (from the wee trustee - Gordon Gilchrist) about the original post. With the three letters written before the departure the total result was five letters taking me to task and two supporting my opinion. In addition there was a letter from the teacher of the class that wrote the essays. Amongst other things she invited me come and talk to her class and expect to be rigorously exposed to examination. I will accept, story to follow.

Finding an Liberal Party press release in my In tray it was decided that a followup should take place as it was more than two weeks old. The release was from local "ex-officio" candidate, seeking a second nomination, Carolyn Campbell. She was calling for an apology from the present MPP doug galt for his role in the Walkerton affair. She contended that as doug galt had seconded Bill 107 he had precipitated the Walkerton affair by his complicity in the mess and the blame that was being handed out by Mr Justice Dennis O'Connor when he referred to funding cuts being a contributing factor to the Walkerton mess. Going on in her press release "In 1997, Galt sang the praises of Bill 107 to the legislature, saying 'It will make our water and sewage systems operate more efficiently so that safe, drinkable water will continue to be provided well in to the future'". The release went on to say that galt had been warned that this statement was nuts by Dr. Alex Hukowich the Health Guy for the area.
   Belling the cat Campbell then linked Walkerton, Bill 107 and the inquiry's findings with her demand for an apology.  "Galt was a willing and active participant in the events  which eventually led to Walkerton," Campbell said. "If I were in his situation, I would have come forward during the Walkerton events in May of 2000 and apologized for my part." These statements entered the public domain and the pressrooms of Northumberland.
   On to the fearless reporter from the Brighton Independent, Tom Philp. He, in the pursuit of truth, interviewed Al Hoffman, the Special Assistant to doug galt to obtain a comment about the apology request. Al, demonstrating his disdain for any criticism of his ubergreupenfuhrer, responded to Tom in the way any well trained Tory attack dog would. "Al Hoffman, Executive Assistant to Dr. Galt, said the MPP was 'really reluctant to even dignify this statement with a reply.  When (Campbell) opened her remarks by calling herself the "provincial Liberal candidate for Northumberland," she started with a lie,' Hoffman said. 'She ran unsuccessfully against Dr. Galt in 1999, but she is no longer her party's candidate. That should say a little something about the credibility of her statement,' he said. 'If Ms. Campbell wants to comment as a private citizen, fine; but don't make yourself out to be something you are not.'"
   A good defence is an explosive offence. So Al starts off with the usual smartass reply and then counterpunches with an accusation that Carolyn Campbell 'is a liar', and reminds everyone she was a loser. OUCH. Perhaps Al should be reminded that Campbell is still the candidate until replaced at a nomination meeting, but what does he care about the niceties of protocol when a whack across the head with a 2*4 will do the job very well.
   What did Carolyn Campbell have to say about the insults from such a classy guy (sic) who works for a guy up to his eyes in Walkerton sludge?  "'If that's how petty Galt's staff wants to be about his obvious responsibility for legislation that put Walkerton's events in motion, well, what more can I say," she said.'
    We are not into an election yet but I am afraid that if you want to deal with sleaze, classy and pithy replies such as the above just aren't going to cut it. my advise: attack, attack, and attack!
Thanks to Tom Philp for the interview quotes. Read him in the Brighton Independent every week as he doggedly pursues political corruption in Northumberland County.

E-Mail
The 3-4 vote to keep the OPP in Port Hope's rural ward makes one thing clear: Aldo is thinking of running for mayor.  So when the Mayor decided to bow to the rural wish, Aldo had to go along.  But there's no great harm done.  The spirit of the merger has been, give the rural area what it wants, within reason.  They should, by population, have 1/4 of the councillors, but if they want 1/3, who cares.  However, it is only a matter of time before someone points out that, if we had rep. by pop, the policing vote may have gone the other way.  If the tail tries to wag the dog too often, even a comfortable Port Hope dog may bark.
Anonymous

Checking the Toronto media yesterday I came across a horrifying scenario predicted by John Sewell of EYE magazine. The WTO is getting into municipal affairs and has decided that municipal zoning laws are 'impediments to business' and therefore should be struck down to facilitate 'unfettered trade'. Read the full article here

Here is something I wrote on the plane about the public meeting about train whistles. I have since discovered that the final decision is coming in three weeks time. Lloyd's 15 minutes is certainly being stretched; as far as the Deputy Mayor's patience!

Puerto Vallarta, Mex.
Ramblings
This is the first time that time has allowed for the recalling of the public meeting held to discuss the Train Whistle issue (sorry for the awkward sentence structure I had read a Louis L"Amour novel just before I wrote it). I couldn't make up my mind whether this event was staged for the ego of Lloyd Williams or to really clear the air and allow a public catharsis to occur. Lloyd (I really want to be Mayor but can't get elected) Williams often made reference to his role in the process. In fact the introduction to the evening was just like the 'state of Lloyd's union message'. Boasting about what a good job had been done, under his leadership of course, in the King St. reconstruction he then led into the second election promise which he was now delivering - the elimination of train whistles. Unfortunately nobody knows what he thinks about the issue as he refuses to state his opinion, preferring to reveal all in the near future.
   The meeting: Two speakers from each side and a planned spirited exchange of opinion between all four. It was a one-sided contest with the pro side (the abolitionists) coming out on top. Doug Warling and Derek Corps had all the facts and the debating skills to make mincemeat out of Bill Bevan and Chris Chapman. Chapman didn't have any railway facts at his disposal and admittedly only wanted to keep whistles because of the expense of ridding the airwaves of the pestilence. Bill Bevan obviously doesn't ride in the same cab as Dan Christie (that intrepid railroad man who finds time to write) as his control of the facts relied on emotion not rhetoric. The main sparks came from the audience. About fifteen speakers lined up to speak with abo's outnumbering the keepers by 2 to 1. Applause and jeers emerged from the audience as reactions to what was being said and an embarrassed silence hung around as a woman from Port Hope explained that her boyfriend had been killed on the tracks in a spot that had no whistles. She later explained that the gate came down too fast for him to stop before it (Some of use maybe thought that he was going too fast but were far too polite to say it) On and on it went, some speakers even felt compelled to speak twice, before Lloyd called uncle and moved on to the next part of the evening - Ian Roger's explanation of his engineering report. Having better things to do that listen to an engineer drone on and on about figures and costs I left.


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Sunday 20th January 2002
Column 40
Ramblings
The Saga still continues: Remember last week when this page reported there was going to be a flurry of activity concerning a PR campaign about the 'police affair' well we had a flurry but not quite with the desired results. On Monday evening the Mayor announced,  that he was speaking as the Mayor, and he called for the Chief of Police to resign. On Tuesday the President of the Police Association didn't make a comment about the resignation call but stated that if the Chief did resign that would not cure the problems in the Police Service. There are problems in the systems applied by the Board and the Chief. On Wednesday the Chair of the Police Services Board told the Mayor off for his resignation call and said that only the Board can demand such a thing. In the meantime local media outlets have contacted the Province to find out if they are monitoring the situation and perhaps they may be motivated to send in a team to clean things up, and have been told 'no such luck!' So where does that leave us now? There will be a meeting of the Cobourg Police Services Board on the 28th of January and we have yet to see the agenda to note if any citizens have asked to appear as delegations so that they may air their opinions.

Meanwhile over in Port Hope the Council has booked the largest public hall in the Town to hold the meetings where the policing of Ward 2 is going to be debated. I bet public discussion by the elected officials will be very measured on those evenings. I hear that buses have been booked to bring in people who don't like to drive after dark. These Ward 2 folks will not be satisfied with anything less than the policing debate being discussed for the whole municipality and a full RFP being issued. Something the present Council appear to be unwilling to do.

Chalk this one up as a win for the little guy. As you know Rick Arnold has been putting pressure on local corporate giants, Zellers and Canadian Tire, to remove the used clothing boxes from the outside of their stores because the owners of the boxes have been using the donated clothing to destroy third world textile markets and to reduce profits at 'bona fide' thrift stores in Town.  He has had some marvelous results. Here is an email explaining them:
Just to let everyone know that there has been a breakthrough in the long running saga of the clothing drop-off bins located on Zellers and Can Tire properties in Cobourg. As you probably know, these bins were parachuted into town 21/2 years ago and pretended to be collecting clothes in our county to resell them in benefit of a charitable organization (which turned out to have been convicted of fraud in Manitoba and kicked out of Alberta). To make a long story short, the real owners of these bins finally put their name on these bins this fall -Environmental Recyclers of Canada Inc. (EROC). The charities they had associated with were getting; less than 5% of the take. All the clothing that they gathered in Northumberland was being 'baled' in a warehouse in Bolton and then sold to U.S. brokers who ship the used clothing to Africa and Latin America. Thousands of full time jobs in local textile factories in the South were being eliminated by this invasion from the North.
   These EROC bins have also cut into thrift shop revenues in Port Hope and Cobourg, which in turn negatively affects locally based causes. After several months of providing documentation and having phone calls with the management of both stores with no results, a petition was begun last week which garnered more than 250 signatures in five days. Suddenly on Thursday the 18th the Zellers manager got the fork lift out and removed the two bins and stashed them behind the store. The Canadian Tire owner followed suit by removing the bin from his lot on Friday. Yyyeeesss!
   Thrift shop stores' volunteers and staff need to be congratulated in getting many people to sign the petition. This made the retailers sit up and take notice!
   However we still have a problem in Port Hope at the OLCO station on Peter Street. There the owner told me on Wednesday that he knows that the EROC  bins are part of a shady business, but as long as it is a convenience for the customers, who cares, the bin on his property is staying put!
   So the petition is still on to gather more names (particularly in Port Hope) and hope that sheer numbers of 'public opinion' may make him blink. If not, we'll have to consider some other strategies.
   Not often that the little people get a small victory against the big boys and the shady forces, but we can count this as one!
Saludos, Rick.

The Great Debate is coming to Cobourg this week! Councillor Lloyd Williams is staging a discussion of the pros and cons of having trains blow their whistles in Town by means of a debate. A couple of weeks ago he asked the public, in expensive panel ads in the local paper, to submit their views on the issue; he received about 25 letters. He then proceeded to choose two speakers, from the letter writers, for each side to explain their views in public at a meeting to be held on Wednesday 23rd at Victoria Hall. So the format is this: After all this Mr Williams will make up his mind. He told me on Friday that he is not prejudging the issue and will make a recommendation to Council after going through this process. "I'm going to stay firmly on the fence until the process is finished." Asked what the deciding factors may be in aiding him in his decision he replied, "When the notes of the meeting are reviewed and Ian's report is completed, I will make my mind up after that." He did concede the that costs of the programme may be a big factor but, "I'm not going to go down that road and preempt the meeting" in justifying his stand not to make his opinion known just yet. Although I do believe that in last year's election campaign he did say that he was in favour of elimination if it was reasonably priced.

Mr Oliver has had his request for a panel review of Madame Epstein's decision denied and it cost him more money in costs. This decision has nothing to do with the merits of the case but was a legal decision. The application did not fall into 'allowable grounds' for a review. So the merits of the decision will be debated again at his application for a Judicial Review this week. He has emailed a letter of explanation and it is in the 'Letters to the Editor' here. We will cover this week's action later.

There is an announcement in the air. The Provincial Liberal nomination race will get bigger this week, sources tell me that on Monday or Tuesday there will be another candidate. Party 'leftists' will be running a candidate that reflects the warmer and more caring side of the party. News now name later!

For a rebuttal to the Cobourg Star's editorial - beef - follow this link. I have decided to follow the advise of that wise old operative who chants, "Never, complain, never explain!" when one receives public criticism and will not respond in kind, in public. One can never win a pissing match with a skunk (read publisher who doesn't want to alienate his advertisers). However for a full and private, at least to you, the readers, explanation here it is.

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Sunday 13th January 2002
Ramblings

A short week but we must maintain a publishing schedule!

The saga continues: Today there is going to be a flurry of activity between the Chair of the Police Services Board and some of the local media. Granting interviews with Pete Fisher (working for CHUC this time) and Valerie MacDonald of the Cobourg Star. Valerie returned from holiday to recapture control of this story (therein lies another story only to be repeated at the bar of the local press club). Anyway it looks as though a PR campaign is about to be unleashed designed to make the Police Services Board and Council, specifically the Mayor, look good in this fiasco. Armed with legal opinions they will try to cover their collective asses. Personally speaking, only an investigation into the whole affair will satisfy the locals.
   In an interview with the BurdReport and Mr Henderson, on Sunday morning,  he stated forthrightly that his hands have become tied in trying to be upfront with the public because everything he, as chair of the Board, says has to tempered with what has been said already in the previous trials and discovery. In other words he cannot speak without being aware of the impact. Everything said so far, by all concerned, has to be crossmatched against what has been recorded previously. Are all parties still sticking to the same story when they saw it all happen and subsequently related in court? Even the simple question of "Were the Officers on duty when they were drinking?" has to be monitored against Board policy, the Officers' employment contracts and legislation in the Police Services Act. We are assured that the public will get answers but when is an unknown as every step is being monitored by 'legal counsel'. Even the question of knowing how much it all costs will be run by the lawyers before we can get it.
   The investigative process that 'legal counsel' is undertaking is being monitored and discussed in weekly in-camera meetings of the Board and will probably not be the end of it Mr Henderson admits. In answer to the question, "Will the current investigation and examination of the documents be enough to satisfy the demand from the Cobourg Police Association [a full and independent investigation]?" He stated, "Legal Counsel will make recommendations to us and that may be one of the recommendations . Those recommendations will be taken to the full Board and if it needs to go higher it will!"
   Throughout the interview, which he admitted was not a full press conference but the discussion of a press release, Mr Henderson stressed the need for all, including the media, to understand that the activities of the Police Services Board cannot be treated the way normal Town committees and Boards are, "We are subject to the legislation and the Solicitor-general's department. Everything we say has to be put in that context. For instance we make policy not effect it and what we say may not be for us to say but the Chief. If I mishandle this I can put the Board and Town at risk"
  When the topic of a code of ethics existing in the department came up, Mr Henderson admitted that despite getting an above average grade in the recent efficiency and adequacy awards ( a collection of 72 - 80 different departmental policies and action plans) a code of ethics or table of behaviour was not demanded by the Solicitor General or exists within the Cobourg Police Services. In his defense he admitted that operational demands took precedence when the policies were being drafted and in a conversation with the Executive Director of the Ontario Police Services Board Association very few such codes of ethics exist in the Province! When asked if he could have a copy of one he only received one. Cobourg now intends to draft one and submit it for provincial consideration.
   Reading between the lines I got the impression that many things are at play and all the legalities of what may transpire are being contemplated. Like a huge game of chess it is how the pawns are played that will determine checkmate. I just hope that the Board knows what it needs to do to topple the King!
  On Sunday afternoon the press release was given out. The barn door has definitely been closed after the horse has gone: two policies were announced. One is the banning of drinking whilst on duty and the other is the mandatory charging of officers if they have been charged. Another piece of news was admitted: the Chief of Police is on sick leave, nice if you can get it - the heat turns up and you phone in sick!!  Nobody wants you around anyway so stay home and lie low. Pity the poor slob on the assembly line that tries that one.


The other saga continues: This week , in Toronto, in a familiar place (a courtroom) the opponents in the Planning issues faced off. In one corner stood Spence Stewart, the lawyer for Keith Oliver, in the other Mary Bull the lawyer for RCCL (Royal Cobourg). The issue was whether the motion to quash the Judicial Review of Madame Hubbard's OMB decision should go ahead.
   For those who can't get past this affair without pictures ( and very few people can) let me paint you one. On March 27 of 2001 Madame Hubbard ruled that Keith Oliver and Manfred Schumann and Zellers could not proceed to an OMB hearing because she accepted a motion to dismiss the applicants, brought by the Town of Cobourg and Royal Cobourg, who argued successfully that the appellants did not have grounds for an OMB hearing. Zellers and Keith Oliver were sufficiently annoyed that they then appealed that decision and made a motion  to the Divisional Court for a hearing where they would demonstrate that they had grounds for an OMB hearing. Keith Oliver also advised all parties that he reserved the right to ask for a Judicial Review of Madame Hubbard's decision. So we now have two legal events: an appeal to divisional court to get an OMB hearing and a Judicial review of the decision that prevented the hearing.
   In July 2001 Madame Justice Gloria Epstein heard the motion to appeal the decision to dismiss them (Oliver & Zellers) from having an OMB hearing. She rendered a decision on Sept 24. The decision stated that the OMB had the right to dismiss the applicants and that there were no legal infractions in Madame Hubbard's decision and therefore, as she can only look for legal errors Madame Hubbard's decision had to stand. Keith Oliver feeling that Madame Epstein had not considered his issues, as she had incorrectly assumed that because Zellers was leading the legal charge that Keith, because he did not appear to be divorced from the Zellers position, was hand in hand with Zellers took advantage of the last legal step, in this process, and appealed to a panel of three justices to look at Madame Epstein's decision. That hearing was scheduled for January 14th 2002.
   BUT remember that application for a Judicial Review? It now reappears late in the year because Royal Cobourg made a motion to quash it. That was why the participants were in court this week. The upshot was that the motion to quash the JR was moved over to the hearing to review the leave to appeal to the panel of justices. So on Monday all is supposed to heard at the same time in the same courtroom, but don't hold your breath.
   Now the affair turns bizarre. As part of the motion to quash, each lawyer (Bull and Stewart) filed affidavits containing their versions of what happened at Madame Epstein's hearing. As affidavits are pieces of evidence and as such can be cross-examined the respective lawyers have to hire more lawyers to defend themselves. In addition the lawyer for Royal Cobourg has filed a supplementary affidavit because she feels that Mr Stewart's affidavit contains inaccuracies. The effect of this is that there is a real chance of the panel of justices adjourning the hearing because Mr Stewart does not have enough legal time to rebut with his own supplementary affidavit.
   The ironical piece in this is that it is Royal Cobourg's position and main argument that Keith Oliver is causing delay and thus should be dismissed!

This next piece is for the cynics out there: Does anybody still doubt that governments and business are not out to get the little guy after reading this letter to a paper in Alberta:

Dear Letters Editor:
While scanning through the report of the Alberta Premier's Advisory Council on Health, in the "Recommendations For Reform" section I found the following entry on page 45.
"If some [health] services or treatments are taken off the list or/decisions are made that new treatments will not be added, those services could still be available in the health system but would be paid for through supplementary insurance, individual payments, or other approaches such as medical savings accounts."
   Aha! So Albertans will need "supplementary insurance" to cover any health services that may be de-insured under the Alberta Health Care Plan, unless they want to risk being saddled with the full out of pocket costs.
   According to the Calgary Herald (editorial in the January 7, 2002, issue), the chairman of the Advisory Council, Don Mazankowski, is a Board member of Great West Life. Great West Life offers the medical and dental health care plan "Sonata" which provides "coverage for expenses not covered by your provincial health plan."
    Commenting on Mr. Don Mazankowski's involvement as Chair of the Council in a press release issued by Alberta's Official Opposition on October 31, 2001,  Liberal health critic Dr. Kevin Taft stated: "Unfortunately, Mr. Mazankowski has strong ties to the insurance industry, and this raises questions of conflict of interest.".  Taft went on to say: "It will be a tragedy if Albertans have their medicare system dismantled on the advice of someone who is in such an obvious conflict of interest."
Yours truly,
William Dascavich
5814 - 49 A Street
Vegreville, Alberta, T9C1H2


Another nail in Downtown's coffin will appear when Clarke's  Music will relocate to the Pentel Plaza (please correct me if this info is wrong) That will mean a whole block on the south side of King St will be vacant, not a good sign. My better half, the good shopper she is, tells me that another big store is out of the Mall since she was last there. Reitman's has gone and a rumour about Beau Sac's life expectancy  is resounding. All this is happening whilst Royal Cobourg is using supposed evidence of retail interest in their proposed development as a justification for an OP amendment. The retail sector looks mighty dodgy to me right now. And being in a local restaurant, for the first time in a long while, we almost had the place to ourselves, this on a Friday night at 7pm.

Looks like the executive meeting of Council on Monday looks like a long one (remember the actual length of a meeting is inversely proportional to the length of the agenda) as there are only three (read 'em three) items on the agenda. One of them is a proposal to have taxicabs produce mechanical fitness certificates every four months; seems like somebody wants to put Call-a-Cab out of business through increased maintenance costs!

If you think that it is only in Cobourg and Peterborough that police people get into trouble look at this comment from our regular correspondence from Australia: I like the way you keep up the pressure right to the end of the year. The police chief story especially is a good example of quis custodiet; we have one that's just blown here today - the Territory's top traffic cop has been taken to court by the city council for failing to pay parking fines. Not in the same league as Cobourg, I admit, but red faces all round  for the usual suspects who seem to think they're immune from citizens' responsibilities when they take more than the usual citizens' rights.
Regards
Michael

Talking about rights and definitions I came across a statement yesterday that the Americans have justified not according the Taliban the conventions of the Geneva Convention (a charter that outlines conduct meted out to captured prisoners of war) by classifying them as "unlawful combatants". So there you have it folks if you want to do what you want and justify it, just move some definitions around!

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