Sunday, April 6, 2014

OK, BUT ....

BREAKING NEWS:  New town lawyer admits that it was highly unusual that the town would file for Absolute Title to be paid by the Molinaros. (Translation: our former town lawyer screwed up.)


MONDAY NIGHT: OK, I'm listening to council in committee meeting and the mayor just shut a woman down because she wanted to speak about the Spears Road area. He told her it was off-topic and to bring it up at the regular council meeting of next week.  Shortly thereafter Nick Russell (husband of Mia) to complain about people parking in his lot on Erie Road. WTF? What did that have to do with the zoning changes in another area of town?  Gobsmacking. (Later the woman did bring up her concerns about the high rate of cancer and Parkinson's Disease in a cluster of Spears.)

More to follow

Read the report generated by Rick Brady as to a request from council for some update/plan regarding the future of the Bay Beach Properties.

Something jumped right out at me 

(d) Part 4, being the existing public beach and water lot, remain in Town ownership for continued use as a municipal beach in conjunction with the adjacent Crystal Beach public lands;

(from Bay Beach Special Site Specific Policy Area in Section 4.14.4 of the Town’s Official Plan)

There it is in black and white. Approved in September, 2006 and pushed aside in 2007 when Doug Martin entertained an idea from then town Carpetbagger/Planner Rino Mostacci to sell off the property to "balance the budget." And there began the latest attempt to give over the property to a developer. A similar move to sell off the upland North side properties was quashed by activists who put together a petition and elected a new councillor for Ward 5 Crystal Beach. Then mayor, Wayne Redekop was wise enough to realize that the people did wanted the Bay Beach Properties to remain in public hands. (Yes, that's what is says on all those yellow signs.) So he voted to accept the Official Plan amendment. 

And we thought that would be the end of it. The Bay Beach Properties would remain in public hands.

We did not take into account a high-rise hungry town planner and a malleable new town councillor. And a mayor who thinks he can do what he damned-well pleases. Remember Martin's, "Mind your own f&#king business" said to a regional councillor when he was asked about the controversy at Bay Beach. 

So, Brady has put forth his recommendations and most are quite reasonable. 

Except one:

Land Titles Application

With regards to the alleged north-south road allowance, if the Deputy Director of Land 
Titles were to rule in favor of the objector, the road allowance could be closed by the 
Town if proposed development includes any part of the road allowance. Therefore, this 
part of the LTA objections is not seen as a major restriction to any future development 
of the Bay Beach lands that Council approves.
As indicated in the Background section of this Report, Land Titles Absolute is required 
for Plan of Condominium approval. LTA is not required for other forms of possible future 
development. However, should a decision be rendered by the Deputy Director of Land 
Titles in favor of the objectors claiming ownership of the purported east - west private 
road and overlying easement, any future planned development/enhancements of the 
Bay Beach lands would be significantly restricted and access to the beach could be 
restricted entirely to the eastern edge of the Bay Beach property. For this reason 
consideration should be given to withdrawing the LTA application as it was only 
necessary for Plan of Condominium approval. This would also ensure a Plan of 
Condominium development could not occur in accordance with the existing zoning on 
the site without a new application being made with Council’s authorization, should that 
be Council's desire.

Not so fast, Mr. Brady. There is a case awaiting a verdict from the Land Titles Director. For over a year. Something must be keeping the director from making a decision.

Why not wait it out and see what the decision is?  Could it be that the town bought the property in 2001 without a proper title search? Yes, indeed they did.

OOPS! Another mistake that will cost the town thousands. It already has cost thousands.  This was partially to blame for Heather Salter losing her job. She refused to give information about the title and the possible road allowance running straight through the property to the lake as well as land that used to be a boardwalk running along the sand parallel to the shoreline.  She obstructed certain members of council from vital information that was requested of her because she may have wanted to protect the developer who was hoping to build a twelve story condo on the property. She also copied incorrect information from the developer regarding PINs. The pay-out to Salter may be a direct result of the title discrepancy. To stop and cover it up now would do a disservice to the people who spent thousands of dollars to file their information on the title.

It's Spring. Clean out all the cobwebs and trash regarding the Bay Beach Properties, including its proper title.

13 comments:

  1. What the people don't understand about his Lordship, he has done this kind of thing before, when his Father-in Law was the Town Treasurer and he had just arrived at Council, thats when the giveaways and sell offs started to occur , Pravda at that time only put tiny references in their weekly paper about these deals, the people who usually voted along side him was Mike Keenan (school teacher) Russ Wilson his (friend) on council plus Mayor Hainz Hummel. I know! because I went to council every Monday like I was attending church.Waterront property by the Fort which I strongly suspect belongs to the Federal Government, was sold to a developer to build houses. no public input what ever, and huge swaths of land sold at fire sale prices. over 50 acres on Bowen Road $35,000 dollars. close to Scunk Hollow. . This Bay Beach deal , the public was wide awake, and no longer swallow his line of thinking. This Election year with better security over the ballot boxes, we could finally have an honest election.

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    1. Yeah, and Martha benefited from one of those deals. Someone with some time on their hands should visit the land registry office to get an eye full of the deals made back in the day. Add that to the bingo money that was stolen from the charities the bingo was supposed to help and you don't have to wonder any more. Same people all the time.

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  2. If this rationale continues to underpin analysis of the optimal use of the Bay Beach property, God help us. The OMB hearing was about the Planning Act. Planners are not experts in economic development and Council should not look to urban planners for advice on economic development. In the same way that Council should not look to property developers for advice on economic development.

    Any key statements that the OMB used to justify approval of the zoning by-law should by definition be regarded with high degree of skepticism rather than imagined as gospel to Council.

    Fothergil's statement seems like a mouthful of bureaucratic mumbo, seemingly meaningless to anyone outside of the reality distortion field of condo support. Lovely guy but he is an urban planner and not an expert on economic development.

    Why would the OMB endorse the project as a panacea for the economic development and rejuvenation of Crystal Beach ? It was a land use decision people and you came to the conclusion that a 12 story mixed use high rise was compatible with a quiet lake side residential community of single family homes ?!??

    The zoning by-law was not and never will be good water front land use planning and Council was once right on point to vote for repeal of the by law. It may have been the most intense density the developer could get away with but that is definitely not equivalent to the highest and best possible use of a public natural heritage asset.

    Economic development for Fort Erie will not be some grand one off orgiastic spasmodic euphoric cluster f*!# ... but rather it will be the slow and steady of hundreds of small business owners with their shoulder to the plow with some good supportive public policy ... if the taxes don't get us first !


    From the Brady report:

    Ontario Municipal Board Decision

    The Ontario Municipal Board decision which approved the proposed Crystal Beach
    Gateway Development included three key statements, being:

    • "In the context of all of the planning materials, the Board places significant weight on Mr.Fothergill's professional opinion that the proposal introduces a sustainable economic development within a healthy, natural environment in a manner that is led
    by provincial policy, integrates matters of provincial and municipal interest through a process that was open and transparent.";

    • "When considered in the context of all interested participants' opinions, the evidence of many supporting and opposing professional witnesses as well as the Town's position and the wealth of documentary evidence, the Board, determines that the coproponents' proposed development can play a role in reinvigorating the Bay Beach property and the larger Crystal Beach community in a manner consistent with the Municipality's objectives.": and

    • "....... it represents good land use planning and is in the public interest;"

    While the proposed Crystal Beach Gateway Development represented the highest and best land use for the site, any plans to develop/redevelop/enhance the lands in a less intense manner should consider the points the Ontario Municipal Board raised relative to the economic impact to the community.

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  3. Your excited addition to your post " New town lawyer admits that it was highly unusual that the town would file for Absolute Title to be paid by the Molinaros. (Translation: our former town lawyer screwed up.) " is representative of your constant hate for our community and your NEED to fault others.

    Sure, it may be unusual, but was it wrong as you imply. Was it a gesture in good faith of not wanting to burden the taxpayer of the expense?

    STOP waking up each day with the desire to attack. And you KNOW, that is exactly your demeanor.

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    1. I don't wake up each day full of hatred. I actually rise every day with hope. I have hope that the people of Fort Erie will wake up to the fact that there are people in their local government who do not work in their best interest. It is truly frustrating to see this town's natural assets being thrown away. Four councillors on council have tried very hard to clean up the town hall. They have been harassed, sued and vilified for doing what they were elected for. It angers me when I read the nasty attacks on another blog. Personal attacks.

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    2. Albert, I hope you have taken the time to also post something of the same on that other Blogg, as they have assaulted almost everyone that spoke out against the Bay Beach Deal!

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    3. CorruptionFighterApril 8, 2014 at 11:48 AM

      Albert,gregg,leslie,marina,jim,doug,tim,martha,dean,kevin,....more to follow....when you stop waking up each day wondering how to screw this town for your own selfish purposes whether it`s your bank accounts or your deep need to bully anyone opposed to your agenda, this town will be a FAR better place to live.

      In the mean time the ordinary tax payer has to not only put up with your disgusting behaviour but pay for it as well. You declared war when you tried to steal the last and best beach around for said personal gain and now that the spot light is on the whole stinking lot of you. You attack anyone who even remotely will not join your evil cause. This will be over when you all leave, have an epiphany or just shut your festering gobs.

      Run rats run, the people are waking up to you.

      SUPPORT THE FOUR councillor`s of conscience as they wade you the cesspool of our local politics.

      Thank You Madam Editor for having the courage to stand up to these dregs of society that possess no moral compass`.

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    4. I sometimes wonder if it is worth it to dip into their putrid waters and I also wonder that my blog may have been a contributing factor in their creation. I have said it before and I'll say it again: I started this blog because I was outraged that the town was willing to sell off/give away our last good piece of waterfront property in Crystal Beach. Like you, I figured that someone was "getting something out of it" on the Down Low. This happens all too frequently in towns and cities all over. The little guy has no chance at the OMB, through the MNR or any other venue to fight this sort of deal. All we can do is wake the people up to the situation, which I tried to do. Sure, I've leveled attacks on certain key figures in town because I believe they are culpable for the problems that were created by these decisions. How can they not think of future generations of children when they decide these things?

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    5. CorruptionFighterApril 8, 2014 at 2:06 PM

      the answer to that is very simple Madam Editor, .....because they cannot see anywhere further than themselves, period. ME ME ME!!

      Hard for good people who actually give a shit about the town and it`s future to figure out though and they have a hard time understanding the dark side thinking at that low a level and selfishness. Do not blame yourself for their behaviour, you have done this town a massive favour by bringing their dirty deeds to the light of day, which is exactly where they don`t want to be. Dark rooms and dark deals go together and the dark side has got away with it forever and it wasn`t until their extreme arrogance of the Bay Beach (dirty) deal that people started to question these things in large numbers.

      The dark side screwed themselves and now are trying their hardest to blame anyone and everyone (THE FOUR, how convenient) for their crimes over the decades against the tax payer.

      Run Rats Run, you did it to yourselves.

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  4. Another long Town Hall Council meeting. The majority of the agenda was to inform residents of zone changes under the label of "housekeeping". Talk was about different ways to inform the public by mail if there was a proposal that would either impact their own land or community.

    It's an election year, they all stated that it is important to Council that their constituents are heard.

    Then mayor martin went into yet another tirade against all the time, years in fact that Bay Beach has taken up sessions on Monday nights. What a hypocrite! If he had listened to the Crystal Beach community when 96% objected to the zone change from two and a half storeys to 12 storeys and the set back change from thirty metres to eleven [which turned out to be even below the hundred year flood line] on public beachfront property HE WOULD NOT BE TALKING ABOUT IT NOW.

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    1. Yeah, Clueless Dougie doesn't want to admit that the Bay Beach Issue almost cost him his job. Only five votes. He's still fuming that he lost his neat little majority on council, hence the lawsuit. People do not like it when the people they vote for are sued by the guy one of them beat in a landslide.

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  5. CorruptionFighterApril 9, 2014 at 12:12 PM

    Anyone read the recent FE Times article where Mr Brady is quoted as saying the new master plan will not be ready in time for the Oct election. All in all a very politically correct statement for the press but having watched him jam his head way up dougie's ass I don't trust him 1 iota. He also has the big CAO's job in his sights and can't wait for an office with a view/ big title/ better paycheck etc.

    Careful of this one all you Beach Lovers out there, he will give it away for a promotion and is proving to be a skillful chameleon.

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    1. Remember, he got away with making the outrageous assertion that the condo tower would bring in almost a million dollars a year to the town's coffers when the truth was less than $100,000. net. For this, they were willing to give up the beachfront property to a developer. Really, a small entrance fee and the parking lot revenue would be double that easily.

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