Francis in 2002, the “secret” legal strategy and Gignac’s slight?

Francis in 2002:  Extend Lauzon Road

Mayor Eddie Francis states that the city has been “fighting” every step of the way since 2002 for the “right” solution to the border. (Continued below clip).

You know I get curious whenever statements such as that are made.  I also get particularly curious when a Mayor lectures council colleagues on past voting records.

Back on October 8, 2002, the Windsor Star reported that city council had endorsed a plan to direct $300 million in border infrastructure funds to upgrades to the E.C. Row Expressway, to extend Lauzon Parkway and improve the Walker Road corridor:

Whatever border solution the federal and provincial governments decide to spend the $300-million funding on..

…Council endorsed the use of the money to upgrade E. C. Row Expressway, extend Lauzon Parkway and improve the Walker Road corridor as outlined in the Windsor Area Long Range Transportation Study.

The motion to do so was introduced by councillor Eddie Francis on October 7, 2002:

So to clarify, Councillor Eddie Francis, long before Greenlink and long before any talk of an access road, moved that border infrastructure funding be directed, as a short and medium term improvement, to upgrade E.C. Row Expressway and the Lauzon Parkway extension to 401 and was supported by a majority of council.

But on March 4, 2003, council passed a resolution (no recorded vote was taken) that permitted only trucks “commencing” or “terminating” their journey in Windsor to use E.C. Row in response the DRTP proposal.

Interestingly, council also passed a resolution, CR128-2003, that stated: 

That City Council endorse upgrades and improvements of #3 Highway/Huron Church from the 401 to the entrance of the Ambassador Bridge…

So, I am a little baffled as to the Mayor’s new position of not permitting the Lauzon Parkway and Manning Road extension to the 401 before the access road is completed as well as offering no solutions to improve access to the entrance of the Ambassdor Bridge.

In 2002 there was no Schwartz Report I; no Greenlink but there was a council wish to both upgrade and improve Huron Church Road to the foot of the bridge and extend Lauzon Parkway to the 401 using the Border Infrastructure Funds – and what improvements exactly were done?

Furthermore, all items were consistent with the Windsor Area Long Term Transportation Study.

So, how can the Mayor today be opposed to extending Manning Road and the Lauzon Parkway to the 401 before the access road is completed when he did support extending the Lauzon Parkway in 2002? 

What is the “right” solution?  We have these resolutions in 2002 and 2003.  We have Sam Schwartz’s $1-billion dollar solution in 2005 and then we have Greenlink in 2007.

And the Mayor has the audacity to claim it is senior levels of government stalling the border file?

No wonder senior levels of government are frustrated with our mayor and council.

Shhh!  Legal strategy is a secret – or is it?

Sorry Roseanne Denise, a portion your blog headline from last year was just too good to pass over.

On July 7, 2005, the Windsor Star ran a story regarding our very own David Estrin, “Lawyer blamed for border delays.”

Dave Wake, of the Ontario Transportation Ministry, said opposition to a Niagara-area toll road — led by lawyer David Estrin — helped create more stringent environmental assessment policies in Ontario which could add years to the binational border study process. 

Estrin has been hired by the City of Windsor for more than $1 million to guide council through the border-crossing selection process.

The environmental specialist, acting on behalf of the City of Burlington and Region of Halton, sought a judicial review in June 2003 which helped derail a proposed $1.2-billion toll highway stretching 130 kilometres across the Niagara Peninsula from Fort Erie to the Greater Toronto area.

Wake said partly because of that challenge, the binational study group made up of Canadian and U.S. government agencies decided not to narrow its wide list of alternatives during the project’s “terms of reference” phase.

The group, known as the Detroit River International Crossing (DRIC) project, carried every possible option into the current environmental assessment phase, which is not expected to end until late 2007, said Wake.  

Estrin’s reasoning?

Estrin argued two years ago the Ministry of Transportation’s terms of reference for the Niagara project were illegal because they did not consider use of other transportation modes and failed to adequately review the proposed roadway’s environmental impact.

Estrin also argued that the terms of reference ignored input from councils and residents who opposed the project.

On Monday night, Councillor Lewenza Jr., asked if provincial ministers had input into the Terms of Reference of the DRIC or communicated with DRIC officials to address quality of life issues – you know – those same issues the city had input into in the above blog in 2002. (See clip below).

It was Councillor Lewenza Jr’s. comment on the Terms of Reference that caught my attention.  (On a side-note, Councillor Lewenza – did our ministers have “communications” with the Ministry of Housing and Municipal Affairs regarding the audit of the Windsor Utilities Commission?)

Now I fully understand why Mayor Francis is stating that the city hasn’t been consulted on the Ambassador Bridge enhancement project’s environmental assessment.  I also fully understand now why the mayor is demanding the province conduct an environmental assessment of Huron Church Road.

Couple this with David Estrin’s comments in the Detroit Free Press, and we can clearly see where the legal strategy could be heading:

Windsor has hired Toronto attorney David Estrin, an expert in environmental law, who said litigation will delay Moroun’s project for many years.

“The clearest thing one can say is that even if he got all his approvals on the American side as quickly as he thinks he might, that would only get him half a bridge,” Estrin said.

Now in reference to Councillor Lewenza’s question, it is my understanding of the Canadian Environmental Assessment Act guidelines, which co-ordinate federal and provincial efforts in conducting projects overseen by both governments that MPs, MPPs, as well as municipalities are consulted in the process. 

But back to the legal strategy.

All this talk of being left out of the process; being ignored; requests for additional environmental assessments; and whether or not MPPs had input into the draft terms of reference  are designed, it seems,  to replay the Niagara toll-road scenario in an attempt to force the province and the federal government to capitulate to the city’s demands.

Afterall, with the expensive advertising campaigns and “scientific” polls via 311, residents have demanded it.

When it comes to the Ambassador Bridge, Estrin laid out clearly the plan - the city intends to litigate the project out of existence.

So while our Mayor is talking the talk of the benefits of infrastructure projects on the economy with the upper crust of political society in national news, here at home he is devising a plan that gambles on Windsor’s future that could embroil the city in an expensive and prolonged legal battle.

To accomplish what?  To fight DRIC’s proposal which is nearly identical to what Schwartz 2005 offered as acceptable.

All the while fighting something Mayor Francis’ motions and plans of the past, supported.

“Probably not you, your Worship”

Or was it, “Probably not you, but the clerk?  Either way it is an interesting comment. 

In asking whether a letter requesting a meeting with area MPPs should come from the Mayor’s Office or the Clerk’s Office, Councillor Gignac said something as Councillor Dilkens began speaking (See clip below). 

She had asked that the letter come from the office whereby the most positive response could be expected.  I’ve slowed down the audio track, and am 99% certain she stated, “Probably not you, your worship” or the above.

If this is truly what she said, I wonder what ever she meant by it?  Was it in jest or was there a deeper meaning to it?