Will The Watermain-gate Truth Ever Come Out

Since Monica Wolfson is no longer writing any more investigative WUC stories and Dave Battagello is no longer writing BLOGs so he must have to be on his best behavior, I have no idea who at the Windsor Star would be interested to follow up on these tidbits of information you will read about today.

Somebody is trying very hard in my opinion to ensure that Windsor Taxpayers find out very little about the Windsor Utilities Commission matter.

For what reason, I do not know. Is there a scandal that is being covered up that we do not know about such as gross negligence or money issues or is there something that an investigation in WUC will ultimaely lead to that will open up a real can of worms or is the whole episode merely incompetence with one foolish move after another by our elected officials at all levels?

We have had Procedural By-law hijinks, a private phone call by the Mayor to the Ontario Auditor General, conversations between Ministers of the Government that no one is prepared to disclose and an audit whose scope has not yet been defined or whose Terms of Reference have yet been completed.

If that was not bad enough, no one wants to listen to Taxpayers. We have been shutout at City Council and ignored by the Ministry of Municipal Affairs. To top it off, if one dares say something that could be perceived as questioning the Establishment then not only is one smeared by a local City Councillor who thinks he's a somebody because he has the title "Chair" but also by one of the most powerful Cabinet Ministers in the Government. Can you believe it?

Okay, okay... you think I'm taking this too far. Here we go again. You are going to read about another of his Conspiracy Theories you must thinking. And you are correct.

I will let you be the judge this time about my accuracy.

JUNIOR AND THE MEETING

Come on, get real... how hard is it to set up a meeting. One phone call or an exchange of e-mails, and it is done. Not in this City or when dealing with the Establishment!

You recall I'm sure that Don McArthur in a Star BLOG quoted Junior as saying:

• "We will meet with every group. We will meet with everybody that has concerns."

I naïvely thought that Junior meant it. I was asked to act as a facilitator to set up the meeting and I try to do so. Here are the e-mails:

• 1) From: Ed Arditti
  To: Lewenza, Ken
  Sent: Sat Sep 22 08:47:06 2007
  Subject: Acting as a Facilitator
  
  Chris Schurr read your comments in Don McArthur's Windsor Star BLOG where you said that you "will sit down for a chat with anyone and everyone in this city who has concerns or questions about skyrocketing water rates." It seems that includes W.ACT as well!
  
  Chris asked me, since he knows I know you, to try and set up a meeting with you ASAP to see if this matter can be resolved quickly. It does not appear as if there are big differences, perhaps just big misunderstandings that need to be clarified in a face-to-face session.
  
  Chris proposes meeting tomorrow (Sunday) with just the three of us in attendance since time is of the essence.
  
  There will be a W.ACT press conference set up shortly, and it is Chris' desire to have that conference say that everything has been resolved rather than W.ACT is in an adversarial position.
  
  If this makes sense, give me a call and we can set up the time and place.
  
  
  2) From: Lewenza, Ken
  To: arditti@sympatico.ca
  Sent: Sunday, September 23, 2007 7:56 PM
  Subject: Re: Acting as a Facilitator
  
  Sorry I was unable to get back to you yesterday as I was away this weekend.
  
  Unfortunatly I am booked all day tomorrow and I am in Toronto from Tuesday to Thursday morning.
  
  I will be glad to meet with Chris and yourself on Thursday anytime after 11:00 am.
  
  So that I am prepared and also seeing that Chris will most likely have questions that go much more in depth than most citizens require, I only ask that Chris prepare a list of items that he would like some clarification or answers too.
  
  If Thursday is to late for Chris than perhaps I can have him meet with Max.
  
  Ken
  



• 3) From: Ed Arditti
To: Lewenza, Ken
Sent: Mon Sep 24 13:33:46 2007
Subject: Re: Acting as a Facilitator

Chris and I can meet you Thursday at 5 PM at Vermouth 333 Ouellette Ave

Let me know if that is OK

Ed Arditti




• 4) From: Lewenza, Ken
  To: arditti@sympatico.ca
  Sent: Monday, September 24, 2007 10:13 PM
  Subject: Re: Acting as a Facilitator
  
  On Thursday I will be @ the Windsor Utilities office. I will put aside a room where we can meet for 5:00 pm.
  
  I am some what perplexed as to why Chris has asked you to facilitate this meeting instead of just contacting me directly just as everyone else does.
  
  If its ok with you I hope you too may put a list together of items or concerns that you want to talk about as well, and e mail them to me so I can be better prepared to provide you with the information that the both of you seek.
  
  Ken
  


• 5) From: Ed Arditti
  To: Lewenza, Ken
  Sent: Tue Sep 25 13:58:25 2007
  Subject: Re: Acting as a Facilitator
  
  My preference is to keep our session very informal and relaxed but very to the point. That is why I suggested a lounge. I am just as happy with a coffee shop downtown as an alternative
  
  If I had wanted an office arrangement, I would have set up a boardroom in some lawyer's office that I know. I certainly would want it in a "neutral" location, not the WUC office.
  
  No need to be perplexed. I thought I had explained why Chris asked me to set up the meeting in my first email.
  
  I am sure that you have read the speech Chris gave at the first press conference. That would be the subject-matter of our conversation.
  
  Ed Arditti
  
  
• 6) From: Lewenza, Ken
  To: arditti@sympatico.ca
  Sent: Tuesday, September 25, 2007 11:35 PM
  Subject: Re: Acting as a Facilitator
  
  Mr Arditti
  
  On Thursday I will be available to yourself and Chris in the Windsor Utilities board room. Based on the keen level of interest both you and Chris have invested on matters related to WUC, I think it would be best to hold this meeting in a professional atmosphere not to mention the fact that this is where the business of WUC takes place.
  
  I also wish to hold this meeting in the WUC board room for the purpose of having information @ my finger tips for the purpose of serving you better.
  
  Based on the history on this file in combination with my better judgement, I will only meet with you in the WUC board room at this time.
  
  Ken
  
  
• 7) From: Ed Arditti
  To: Lewenza, Ken
  Sent: Wednesday, September 26, 2007 3:45 PM
  Subject: Re: Acting as a Facilitator
  
  Chair/Councillor Lewenza,
  
  My function was a very simple one. I was hoping that I could set up quickly and easily a meeting between you and the W.ACT Group to try and resolve issues and clear up any misunderstandings.
  
  It is obvious to me that you have not yet had the opportunity to read Mr. Schnurr’s speech at his first press conference or you would understand what the discussion was to be all about. I am not certain what more information you would need "at your fingertips" to deal with W.ACT’s issues.
  
  It was always the intention to deal in a "professional" manner with you. I do not understand why location is so important to you and now has become a condition precedent to meeting. I have never had such an experience before when trying to set up a meeting.
  
  However, a major concern is your attitude and whether any meeting would now be worthwhile. You continued your insults against W.ACT in the McArthur BLOG by saying:
  
  "We will meet with every group. We will meet with everybody that has concerns."
  
  Although he has questioned the motivations of local blogger Chris Schnurr and the Windsor Association of Concerned Taxpayers (WeACT), Lewenza said he and Zalev would also be willing to sit down and talk with them. Lewenza stressed he wouldn't be keen on that particular meeting because he doubted Schnurr and the group, which is calling for a "full and complete financial, business and operational investigation of the WUC and any third party relationships with Enwin by an independent third party," would ever be satisfied.
  
  "I know the difference between meeting with a citizens group that no matter how many questions you answer they're just going to keep trying to add more confusion versus a person that has very legitimate questions. I have no time for people who have personal agendas and no interest in bringing some understanding to the issue," said Lewenza.
  
  "They deserve to have their questions answered but we have to look reasonably at how much time that we are going to spend on them when they have no interest in the answer."
  
  Notwithstanding your bravado, I had hoped that in an informal, yet professional, session between you and W.ACT would end any differences and achieve results for the Taxpayers of Windsor. Your final comment in your e-mail disturbs me greatly. You said
  
  "Based on the history on this file in combination with my better judgement, I will only meet with you in the WUC board room at this time."
  
  Your comment with respect to your "better judgement" is grossly insulting. It suggests to me strongly a bias on your side that can never be changed no matter what anyone from W.ACT says and no matter how reasonable their suggestions.
  
  To be direct, I do not see how a meeting between you personally as Chair of WUC and with W.ACT has any hope of being productive given your attitude.
  
  In the circumstances I think it would be best for you as Chair to delegate to another of your fellow Commissioners/Councillors the task of meeting with W.ACT. May I respectfully suggest that the person should be instructed to go into the meeting with W.ACT with an open mind.
  
  Ed Arditti

Look at how much has been exchanged and we still haven't got a location for a meeting. Not only that, it is an absolute condition precedent that the meeting must be held at the Windsor Utilities office or Junior won't attend. Mind you, maybe this is a typical political statement since Junior reserves the right to himself to change since it is only "at this time." Perhaps it would be different "next time."

I expect there to be a few more e-mails back and forth. If Junior didn't want to meet W.ACT since he's afraid of the group, why didn't he just say so. Well if he did, he would look like a fool for what he said to the Windsor Star wouldn't he.

Clearly, he's does not dare meet. He knows very well what Chris Schnurr wants and needs and is afraid to give it. Why is he scared, because it will open up a Pandora's box? It will become a source of unforeseen trouble that cannot be controlled by City Hall if a good forensic accountant is hired.

And that brings me to the second point.

WHO WILL THE FORENSIC ACCOUNTANT BE

You already know this:

1. No one knows yet what the Terms of Reference are for the audit nor do we know the scope of it



2. Our local MPPs/Cabinet Ministers have played a very active role in this matter in discussing the subject with the Minister of Municipal Affairs but we don't know what they said



3. Dwight Duncan has chosen to protect the city government, not his constituents, right before an election



4. Guess which female Minister from Windsor the Mayor supported at her nomination meeting!



5. Dwight's latest Schnurr schmear..."He said Schnurr should think twice before claiming to represent the citizens of Windsor because he has unsuccessfully ran for council.
   
   "I think Mr. Schnurr is just trying to make some news for himself rather than representing the people of Windsor," Duncan said.

It is of course very vital to have proper Terms and a good forensic accountant involved or this becomes an exercise in futility. After all, no one wants a whitewash but the truth. Do you feel comfortable that the Province, the Senior Level of Government, really has our interest at heart or is more interested in protecting the Mayor and Council for some reason.

Here is what the Minister of Municipal Affairs wrote to the Mayor and Council about retaining a forensic accountant

• “As set out in section 15 of the Municipal Affairs Act, the fees and allowances for expenses for the audit will be fixed and the City will be required to pay these fees and expenses. We will need to establish an appropriate set of terms of references for the audit to establish the scope of work. A process will then be followed to select and appoint an auditor in accordance with Ontario's procurement policies. Once appointed, the auditor will require full access to all relevant records respecting sewer and water operations, and including but not limited to, the financial records of the Windsor Utilities Commission and of the Corporation of the City of Windsor.”

As you can see there is a process. For those of you who are used to Government tenders, you know that most tenders or Requests for Proposals are put on the MERX system.

• “MERX is Canada’s leading electronic-tendering service
  
  MERX is the most complete source of Canadian public tenders, private tenders, U.S. tenders and private-sector construction news available in Canada. MERX has leveled the playing field so that businesses of any size can have easy and affordable access to billions of dollars in contracting opportunities with the Government of Canada (GC), participating provincial and municipal governments, the U.S. Government, state and local governments, and the private sector.”

I decided to check out the MERX website to see what the Request for Proposal was. I could not find anything. Accordingly I contacted a forensic accounting firm whom I knew was interested in doing the job and here’s what they wrote to me:

• “When I initially inquired about the RFP with the Ministry of Municipal Affairs, I was told that it would be posted in MERX (as per standard provincial procurement policy).
  
  Following up a couple weeks ago, I was told by June Wild (your contact?) that the Request for Tender would only be circulated to “at least three” existing vendors of record...
  
  We were not invited to submit a proposal.”

There is scuttlebutt that I have heard that there was only one proposal submitted.

Is this the way the Government normally operates? Why wouldn’t the RFP be offered on the MERX system so that any forensic accountant in the Province could apply? Was the process changed and why? Why would the Ministry only go to a few selected professionals. It is not that they are in any big hurry it seems since this matter has been outstanding for a very long period of time already with hardly anything being done other than annoy Taxpayers.

CONCLUSION

So there is my conspiracy theory for you.

Junior says he wants to meet. Does he or is he just looking for an excuse not to do so?

In passing, our august Councillor did not come up with the idea to meet that the public on his own but rather "Lewenza said he and Zalev opted for this direct communications approach after speaking with utility officials in another jurisdiction, who tried it." Can you believe that? Our City Councillors are so afraid of the electors that it is pathetic. Perhaps that explains their propensity for in camera meetings and secrecy.

More schmears from Dwight but no light as to what the audit will be from the Province.

Our desire for a full financial, business and operations audit of Windsor Utilities seems more and more unlikely. Our hope for an independent forensic accountant to undertake an independent audit seems dimmer and dimmer. I've pretty much given up on our hope to find the truth.

Finally, I sit here in disbelief waiting for one of the Opposition candidates to take a shot at the incumbents. Only Lisa Lumley who is running against Sandra has done something so far but merely issuing a press release that few have picked up on is hardly the way to campaign to win. Seriously now, if Dwight has to speak out again, then he has to be in trouble on this issue.

She and her colleagues had better start making WUC a campaign issue now before it is too late or they truly will be No-names going down to defeat! Time for a press conference or two...getting the Party Leaders involved and making it another Liberal credibility issue...get the workers out and knock on doors... spread the message.

This file is not becoming a whitewash. The way this file is being handled makes it all hogwash!