Thursday, May 22, 2014

VOLUNTEERS BEWARE! YOU COULD BE ON THE HOOK FOR LEGAL EXPENSES IF YOU'RE SUED

Members of the three BIAs, Committee of Adjustment, Property Standards and Library Board are responsible for their own legal expenses if they are sued for conflict of interest.

This information went on public record as a result of the discussion around a motion brought forth by Paul Collard requesting that the town front the legal expenses of Ward 5 Councillor Don Lubberts in the latest conflict of interest suit filed this time by EDTC GM Jim Thibert. Lubberts and three other councillors are currently facing a conflict of interest suit filed by former councillor Tim Whitfield.  A decision on that should be coming within the next couple of weeks. So far, it has been reported that the four have incurred $150,000. in legal expenses in the case.

The latest suit accuses Councillor Lubberts of conflict of interest in the ongoing discussion of a controversial purchase of vacant industrial land by the town. Lubberts has openly opposed the proposal, calling it "bonusing" in order to abet the proposed purchase of the Fort Erie Race Track by an interested group.  The 14 acre property now belongs to Nordic El-Ad which owns the race track land and other properties.  It is thought that the town purchase of the vacant land would enhance the deal for the race track. This is what many believe falls under the definition of bonusing.

It's just another case of "malicious prosecution" by Thibert, Councillor Lubberts was served with papers just before the May 12 council meeting.  

"Guilty until you prove yourself innocent" (Paul Collard)


Based on that opinion, Ward 6 Councillor Paul Collard brought forth a motion in the May 20 Council in Committee Meeting that the town cover Lubberts' legal expenses. Collard requested that By-Law 199.93 be amended to reflect the change.  Collard also wanted the same such coverage for volunteer members of boards who are "affected by this policy." Later in the discussion, Town Clerk Carolyn Kett clarified those committees that have "decision making powers" and, as such, are liable to the conflict-of-interest policy. Kett listed the three Business Improvement Areas: Bridgeburg, Ridgeway and Crystal Beach, Committee of Adjustment, Property Standards and the Library Board as falling under the COI regulations.

Unfortunately the discussion predictably fell to this individual case and the rift on council was once more highlighted with both Mayor Martin and Councillor Rick Shular implying that Lubberts was in conflict. Shular stuck to his usual choice of words: "I will not support this predicated on this case and its merits."  Martin added that "The warnings were there and I believe that no action was taken."  Passero merely fudged the truth by saying that the matter was "dropped in our laps about 5:55 p.m." 

Of course the motion was defeated as Lubberts could not vote and it was a 3-3 tie which is defeated by default.

Now, a little to the back story: David Kompson who figures prominently in the scenario presented in the suit, was not aware that he was so honoured until after the papers were filed. This is all Thibert and Martin's doing, just as Martin figured prominently in the suit against the four councillors.

The various lawsuits and legal actions have cost the taxpayers hundreds of thousands of dollars. For instance, Jim Thibert's action against me for slander cost the taxpayers in excess of $20,000. It accomplished nothing. If the case against the four councillors goes against Tim Whitfield (acting as a proxy for the Mayor Martin and others,) the town insurance kicks in. It will ultimately cost the taxpayers for this lawsuit.

This is a personal grudge being played out at the taxpayers' expense.

GOOD THINGS HAPPENING IN RIDGEWAY AND CRYSTAL BEACH

Today is a great day for residents and visitors to enjoy Ridgeway and Crystal Beach as exciting things are happening.

BBQ at Joe's Valu-Mart to fund the newly formed Ridgeway Beautification Committee. Already Ridge Road has received some sprucing up and the groups has more plans as the summer goes on.

BIG GARAGE SALE IN RIDGEWAY TODAY

Sponsored by the Ridgeway BIA

Crystal Beach is alive with garage sales and returning summer residents.  People are already enjoying the public beach at Bay Beach. Tremendous plans by the Crystal Beach BIA upcoming. 

Keep Friday, June 13 open for what is becoming a welcome event that may soon rival the doings in Port Dover - except with bicycles. Look for the decorated bicycles coming soon to the area.

17 comments:

  1. Are these the same two who publicly shout that the 2010 Council voted in should work together for the betterment of Fort Erie? Names were Thibert and Martin. The same Thibert and Martin who started Conflict of Interest law suits?

    So Thibert had to show his hand on this one, no more patsies around? Thibert was quoted by Mr. Culic that it is a Conflict of Interest even if Lubberts didn't vote, he should have left the room and not influenced the others. What does Thibert not want discussed?

    All the accused four have done that was so dastardly was get elected. Martin would have been so happy to have his entire Council made up of the likes of Shular and Pessaro, who do exactly what he wants. Was Pessaro "so caught off guard" this time because he doesn't want to alienate potential votes in the next election? The man is always thinking as well as always getting himself in a photograph.

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  2. From the ninja blog from Shawn McCooey:

    I have to disagree, this vote dose not concern any direct work that is under way or can be properly expected. The chances of Donnie gaining work from this are slim to none. The judge will rule on the slim part. How about Jim looses he goes down the road kicking stones. . It is still interesting why all the suden in this town from the the election on ( the mayor using old sticks and not reporting them was the biggest joke in this town history) the guy is straight up even if I dont agree with him at times. Th only one cleaning up is Dave Hurren and good for him, hes laughing all the way to the bank. Donnie must have been a swing vote. Why else if you figure hes out at the next election would you drag him and there by this town through the shit. To protect the democratic process, come on if you are sure you got him nailed already, you just breached close session again for the second time this yr.
    Now I will say it, right or wrong unless you are pissed because iit was a swing vote or now Donnie has the right of recall which if you are so sure of , why , really why drag Donnie and thereby fort erie into the ditch, its happen before in close session and no one ran to a judge, they used to use logic rather than this shit.
    you should be ashamed of your self’s, I m sick of you dragging us down, you have never pointed out a god damned good thing about this town and if you did its pretty rrae. The EDTC is using the wag the dogs tail stragey to move attention away. !/2 million and still no deal signed , sai its normal, normal my ass , no one asked for it last year and if the money is being used for something other than reported , there’s a court case in the waiting.
    rest assured I am not the only one who feels this way, maybe you better ask out side the track circle, your an extreme
    minority here.


    Despite the spelling and grammar mistakes, the writer makes his point. Lots of other people feel the same way. With a municipaal election just a few months away, why put the town in possible financial liability? If this isn't a good reason to fire the EDTC GM, then I don't know what is.

    ReplyDelete
    Replies
    1. But .... but .... you always exclaim your disgust in grammatical errors. Nice to see that you corrected them to the best of your ability for your blog instead of the drunken ineptness of the original poster. :) Nice smoke and mirrors.

      Delete
    2. I admit that I am very particular about spelling and grammar. Comes with being an editor and published writer. Back when I worked for a paper in Buffalo, one of the paper's most popular columnists would bring in his copy just before deadline. It was full of mistakes and I had to work hard and fast to get it presentable and understandable. The guy never once thanked us for turning his unholy mess into a good read. Alas, that's the job of an editor. I cringe when I see bad grammar and spelling, but I have to remember that it is not as important to some people as it is to me.

      Funny that you claim that the poster is drunk and inept. Jump to conclusions much? Isn't he Lesley North's landlord for her store?

      Delete
  3. @ just wondering. With all due respect, "just wondering" because you are apparently an astronaut, and just returned from a 4 year stint on the space lab, you do not seem to have a grasp on the current situation.

    "Are these the same two who publicly shout that the 2010 Council voted in should work together for the betterment of Fort Erie?" ..... NO it was the firm that was hired to access the Operational Review of the Town of Fort Erie that said that.

    Pessaro "so caught off guard" .... come on .... he became aware of this situation just minutes before council chambers opened.

    I am anxiously awaiting some reasonable debate from you "just wondering".

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  4. This effort by (JT) to sue Donnie Luberts has me scratching my head, is he representing the Race Track or is he representing the EDTC ? Who gave him leave to go and work for the Racetrack anyway. My copy of of the Municipal Act says it is bonusing , quite clear, is this another frivolous escapade by (JT) which has no chance in succeeding. Also who's money is he using, if it's our taxpayers money , that would be cause of instan dissmissal.

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  5. CorruptionFighterMay 23, 2014 at 8:18 AM

    Fred you are full of shT........The Dirty Dynamic Duo of mini martin and Jimmie Dirt Bag have said the same, then turned around and back stabbed anyone who did not climb on their dirt train.

    FIRE THIBERT IMMEDIATELY !!

    HOLD MARTIN ACCOUNTABLE FOR ALL HIS CRIMES AGAINST US !!

    when is this town going to wake up...........

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  6. Dear "Fred",

    It is not appropriate on this blog to personally attack me. I am aware of the happenings of every Council meeting in the last ten years. I am not referring to Closed Door sessions however because Steckley, Collard, Hill and Lubberts have the integrity to keep silent.

    I was directly referring to a meeting regarding this year's budget when Thibert had the floor for another of his long-winded rants that slammed the four and guess what, wanted more money for his EDTC. He and Martin both spoke about the last four years of dysfunction. Martin didn't have a problem with the 2006 Council because he got his way with five to two votes for those four years.

    Thibert and Martin are hypocrites if they preach that everyone should work together when the two of them are attacking the Councillors with personal lawsuits, is what I meant.

    As for Pessaro, he chose what he thinks is his best way to get the upcoming Mayor's seat by following Martin and his money men. Steve is as always trying to get the public on his side. Of course he would follow how Martin wanted him to vote, I think he was just scrambling to try to keep every organization member to still vote for him.

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  7. Let's face it: it is the actions of Martin and Thibert that have made Fort Erie a laughing stock. Martin, the-mayor-by-just-five-votes and the multi-hat wearing head of the EDTC, the racetrack and who knows what else are NOT working on the behalf of the taxpayers of Fort Erie with the lawsuits they have filed or caused to be filed. Why not let the voters decide the merits of the candidates in October? No, Thibert can't wait to take the attention away from his failings to call out a councillor who was not impressed by Thibert's swagger and foul language at a recent budget presentation.

    Where is the signed agreement for the race track? Where is the money? Perhaps Jimbo should concentrate on the two jobs he has instead of filing malicious prosecution against a councillor. Like he wasted over $20,000. of taxpayer money going after yours truly.

    If these conflict suits are decided in favour of the councillors, someone else will be on the hook for the expenses. But the taxpayers will pay in the end because of the unnecessary distraction of a couple of S.L.A.P.P. lawsuits.

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  8. Speaking of votes, (a slim 5 vote margin) please note a new twist/turn in the process regarding using the MPAC to verify your voting status, information no longer coming to voters in the mail. With a 33% turnout in the last election a chonge like this could reduce the turnout even further. The October election may see a "fall" that has little to do with the cool weather. Be sure to pay ayyention to this change for the good of us all. Any feedback on this situation?

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  9. Good Lord Corruption Fighter ..... you are a miserable old fart aren't you?

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    Replies
    1. CorruptionFighterMay 24, 2014 at 7:45 AM

      No Fred, Tired of being lied to for decades and having to pay for it all, while the perps walk away with $$$$. My hard earned tax dollars. Yours too.

      Martin, Thibert their sycophants and wannabes are only the latest in a long line of shitty officials this town has spawned, that has done nothing but look out for themselves and their liked minded accomplices. They have ran this town into the massive mess it is in today. For once we have a majority of council who actually wants to end this downward spiral but are thwarted at every turn. Hence lawsuit after lawsuit all paid for by YOU the taxpayer to shut them up.

      Lets just look at what Jimmie dirt bag has accomplished in 10 plus years.......mmmmmm NOTHING while costing us MILLIONS. Oh I am sorry he used hard earned tax $$$ to sue a blogger, fight a FOI request and now sue a councillor. But as you probably klnow it has nothing to do with his wounded sense of political procedure but all to do with silencing anyone who voice against him and his EMPIRE (yet again paid all by YOU the taxpayer). Quite the setup is it not.

      You appear to be a thinking person with a set of morals. Are you not pissed right off at all of this.

      SUPPORT THE FOUR as they fight for all of us average joes.

      Delete
    2. You're going to get me in sooo much trouble, CF. Thanks to Jim Thibert and his taxpayer-funded lawsuit against me, comments like yours are forbidden on this blog. But everything you said is true. If people would only research, they would discover the failures and the misuse of taxpayer money. While Thibert spends his and the taxpayers' time and money running the racetrack, the abysmal record of the EDTC under his watch is there for all to see - if they can get past the bluster and the bravado.

      Delete
  10. CorruptionFighterMay 24, 2014 at 8:45 AM

    Last thing I want to do Madam Editor is get you in trouble. You are one of a few people here with the cohonies to speak out against all this massive abuse of public trust and monies. If I were a rich man I would reward you. Alas I am not, only a working stiff who pays for all of this municipal stupidity. Lucky for you dirty dougie as I would use my riches to dig up all your skeletons.

    SUPPORT THE FOUR!!

    ReplyDelete
    Replies
    1. Another fighter and I were talking about this the other day. We both buy lottery tickets with the hope that we'll hit it big. The first thing either of us would do is get the best lawyer money could buy and file a class action lawsuit against the town, demanding a forensic audit in the process. Same with the EDTC. Other people dream of buying big houses and cars, my friend and I dream of cleaning up this town and putting it on the path to greatness.

      People like the ninjas and their followers are in this controversy for attention and scraps that are sent their way by the Old Boys. Unfortunately, they do not want to face the reality of their situation: they are being used and they will be dropped as soon as their usefulness is over.

      Delete
  11. I am not sure why the 33% turnout at the last municipal election keeps getting repeated, ( I know the idiot blog continues with this line of misinformation, but misinformation is what they do) but it was a 42% voter turnout, one of the highest turnouts in that past 20 plus years. Check the Town of Fort Erie election home page.

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    Replies
    1. Lesley North, in her latest diatribe against me on Bullet Media, claimed 37% voted. She is so misinformed, it is sad. Here's a direct quote from her: PS The important thing is Mayor Martin was elected by the majority in all 6 wards of Fort Erie.

      Sorry, Lesley. That is wrong. Ann Marie won in Wards 4, 5 and 6. In It was in Wards 1 and 3 where Martin made up votes and it was in Ward 2 (where there was a "mistake" made) where Martin pulled out the five votes that he needed to win. She needs to learn to do research the old-fashioned way - not through her ninja pals. Oh, and she once bragged it was she who filed the FOI request that was denied. Wrong again. She also once claimed that I was "under investigation" by the police. Again, not true.

      Delete

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