WATERMAIN-GATE Motions

Can we afford any more political gamesmanship in Windsor over the WUC investigation?

$830M may be at stake by the time this is over for public expenditures on water issues including watermain replacement. We need to know the answers arising out of the serious questions raised and we need to know them now!

You know, I really could take more seriously the concerns of the Mayor about our water system and the need to raise gigantic sums of money for it if he had not said in 2005:

• "The Windsor Utilities Commission will have to justify any water rate increase this fall, Mayor Eddie Francis said Wednesday...
  
  Francis said in an interview he believes water rates are too high...
  
  When the study is completed, Francis said he hopes it will show water rates can be decreased."

Can you believe it--rates were too high before the election. No concern re watermains before the election notwithstanding the 2002 WUC Report. Doesn't it seem more and more that the WUC under our Mayor's leadership was falling asleep at the tap. Or was "politics" involved? Inquiring minds must know.

Then again, if he had said that there was a huge problem, he could not have justified a City go-it-alone East End arena at a cost of mega-millions but would have had to enter into a public/private partnership limited to a City contribution of $15M. He advocated for a P3 when he first ran for Mayor.

I thought you might want to see the Notice of Motion introduced by Councillor Halberstadt and the Motion introduced by the Mayor which was passed unanimously by Council dealing with the Watermain-gate investigation

They are 2 separate and distinct Motions so both can be pased and can co-exist.

Now urban legend has it that our Mayor only sleeps a few hours per night since he works so many hours in the interest of our Community. Since he has a new baby, he must sleep now even less what with the feedings, changing diapers, some crying during the night and giving support to his spouse if she has to get up during the night. It is tough being new parents.

Well if Eddie is up anyway, you just know he has to be thinking about City business. He probably thought long and hard about his Motion and what he would do since he knew Councilor Halberstadt was going to introduce one.

Well I have thought long and hard about it too and I want to give you my thoughts but first, here are the actions at Council that are of interest with the key points emphasized:

Here is Councillor Halberstadt's Motion which was introduced first

• Notices of Motion
  
  1. Councillor Halberstadt gives notice that he intends to introduce the following motion for consideration at the August 27, 2007 meeting of Council:
  
  WHEREAS concerns have been raised about the finances and operations of the Windsor Utilities Commission; and
  
  WHEREAS a July 26, 2007 press release from WUC stated that "In 2004, the watermain replacement levy was implemented….This levy was intended to be used for capital, but was required to fund operations"; and
  
  WHEREAS the estimated replacement value of watermains has raised questions when cost – per km comparisons made with other municipalities; and
  
  WHEREAS it has been reported that 1000 customers of WUC have received water but not paid charges for the water for a number of years; and
  
  WHEREAS an 83 percent annual increase in water rates was originally reported as a 36 percent increase; and
  
  WHEREAS a 64 percent annual increase to the blended water/sewage surcharge rate, 2007-2008, was reported as 60-61 percent and is causing hardship to citizens/taxpayers/businesses in Windsor; and
  
  WHEREAS more increases in the water rates are being contemplated within a year; and
  
  WHEREAS the cost of an audit by the provincial office of the Auditor General would not be borne by municipal taxpayers or WUC consumers, if all channels are properly followed;
  
  THEREFORE BE IT RESOLVED that Council hereby requests that Sandra Pupatello, Minister of Economic Development and Trade and Minister Responsible for Women’s Issues, and Dwight Duncan, Minister of Energy and Chair of Cabinet, BE ASKED to request that the Office of the Auditor General of Ontario undertake a special assignment and perform a "value-for-money" audit of the WUC; and further,
  
  THAT the Ministry and the Auditor General shall BE REQUESTED to investigate and report publicly to the citizens of Windsor, as soon as reasonably possible, on the questions raised into the financial affairs, and business practices and affairs of the Windsor Utilities Commission.

Here is how Windsorites were deprived of speaking about this issue at Council

• 2. Moved by Councillor Dilkens, seconded by Councillor Valentinis,
  
  M217-2007 That Rule 13.9 (a) of the Procedure By-law regarding business not already before Council
  
  BE WAIVED to permit the introduction of a motion by Mayor Francis without prior notice respecting a provincial municipal audit into the financial affairs of the Windsor Utilities Commission (WUC).
  
  Carried.
  
  Councillor Postma was absent from the meeting when the vote was taken on this matter.

Here is the Mayor's Motion

• Moved by Mayor Francis, seconded by Councillor Marra,
  
  M218-2007 WHEREAS, pursuant to Section 9 of the Municipal Affairs Act, R.S.O. 1990, c.M.46, and amendments thereto, (the "Act") the Ministry of Municipal Affairs and Housing (the "Ministry"), may, whenever requested by any municipality expresses by resolution of its council, direct a provincial municipal audit into the financial affairs of the municipality; and
  
  WHEREAS, pursuant to section 9(2) of the Act, the scope of such a provincial municipal audit may be limited to the financial affairs of any local board of a municipality; and
  
  WHEREAS the Windsor Utilities Commission (WUC) is a local board of the Corporation of the City of Windsor; and
  
  WHEREAS the involvement of the Provincial Auditor has been identified as the likely party to conduct such an audit of WUC; and
  
  WHEREAS the Council of the Corporation of the City of Windsor requests a timely response by the Province to the matters identified;
  
  NOW BE IT RESOLVED that the Council of the Corporation of the City of Windsor requests that the Ministry direct, pursuant to Sections 9 and 10 of the Act, a provincial municipal audit into the financial affairs of WUC.
  
  Carried.

Here are some thoughts in no particular order on the two Motions:

1. Halberstadt's Motion would have allowed public debate, Eddie's took away that right since the requirement to give Notice was waived
2. Halberstadt's Motion if for an Auditor General "value-for-money", Eddie's is for a Section 9 and 10 Ministry audit and inquiry
3. Halberstadt's motion requests a value-for-money audit, although without specific Terms of Reference which is required, ["includes reporting on instances of misuse or mismanagement of public funds, overexpenditures, and other irregularities... assessing whether public resources are well administered... with due regard to economy and efficiency, and whether procedures to measure and report on the effectiveness of programs and organizations have been established and are operating satisfactorily] while Eddie's Motion has no TOR at all
4. Halberstadt's Motion deals with the financial affairs, and business practices and affairs of the Windsor Utilities Commission while the Mayor's Motion restricts the inquiry into "financial affairs"
5. Halberstadt's Motion requires the Auditor General to be involved while Eddie's Motion merely mentions him in a WHEREAS clause as a "likely party."
6. Halberstadt's Motion may never be seconded and therefore never heard since some Councillors are wusses while Bill Marra seconded Eddie's Motion

As I have said before, Eddie is a great planner but unfortunately, reality sometimes has a way of butting in. Here is what I mean:

1. Every day there is something coming out that makes matters worse
2. Why is Eddie so afraid to allow citizens to appear as delegations? Council was to have had a "discussion" about the WUC and several people had tentatively signed up for that but it was never presented as an Agenda item. We know that Eddie will be criticized severely and he cannot handle being blamed. Remember Alan McKinnon in the Tecumseh meeting taking Eddie on and how Eddie reacted
3. Who was told that the expert consultants were to make a presentation and when (Eddie made a point of saying, incorrectly in my opinion, that delegates could not speak to that)
4. When did the Mayor tell the public that he was going to introduce a Motion about the WUC
5. Was the procedure proper on his Motion
6. Could he even introduce the Motion in the first place
7. Who could and who could not vote on it
8. Does Eddie really think that citizens will allow him to get by with a limited inquiry...it is just making it worse and worse for him if that is the impression he is creating
9. According to Eddie, he wanted this matter to be cleared up quickly. He said that the A-G would take too long so then why did he point out that the A-G would be the "likely person" to act. How would his Motion get us results more quickly
10. Was it appropriate for the Mayor call the A-G privately thereby possibly "contaminating" him so he cannot act
11. Would Eddie's Motion take longer for an inquiry than Halberstadt's to complete. The Star reported that the Ministry "is still in the early stages of studying council's audit request and researching the background" and the "The minister did receive the resolution and is currently reviewing it." Next the A-G has to be brought in and he has to decide if he wants to take on the project and it would take him about 2 months before he could start. At any stage the request could be rejected
12. Poor Councillor Marra, does he not realize yet that he is falling deeper and deeper into the murk that could kill his mayoral chances .

What would happen if no one in the Provincial Government wanted to take on the matter? Would the public have forgotten about all of this since months could pass from now until a final decision was made. It would be kept out of the press and the Mayor and Councillors would give a "No comment since this is being investigated" response if anyone asked a question.

Even if it went forward, the scope of the Mayor's Motion is so narrow that it would not deal with the tough questions that have been raised.

The Emincence Greasie has been involved I am sure with the strategy for damage control. Make it appear as if the Mayor has taken the lead and is handling the matter. Keep it quiet for as long as possible and limit the inquiry as much as possible. It will all go away as people's anger is reduced over time. Have a few good news stories come out like the Engineering complex and the new and even more improved Schwartz Report being rewritten as we speak and all will be forgiven.