The Crystal Beach Strand
Making Waves Since 2002
Vol. X No. 2B
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Latest Update February 11, 2012
1045 (+or-) Days
until next Municipal
Election
"Still making waves after all these
years."

(c) Sharon Bowers, 2011

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GOOD NEWS,
FORT ERIE

We just gave away
valuable beach
front property

And we're getting
the promise of an
outhouse in the
sand!
The benefits to the community resulting from the development and paid by the developer are
valued at $3.45 million and include:

- a year-round multi-purpose community pavilion
(Gone)

- a large outdoor public event space
(Gone) and beachfront promenade

- open space improvements (landscaping, walkways, seating and other park furniture,
lighting, etc.)
(Most of it gone.)

- beach accessible washrooms/change rooms and concession area
(Our responsibility, if it is built.)

- the reconstruction of Erie Road and the surrounding roads, including the installation of a
gateway feature and parking lot improvements
(Big deal. Makes their property look more
appealing.)


- construction of the condominium in accordance with Leadership in Energy and
Environmental Design (LEED) silver certification requirements
WHAT DID HE KNOW AND WHEN DID HE KNOW IT?

Ron Tripp, Acting CEO told everyone in his announcement of September 13, 2011 that we would get
the following from the deal with the Molinaros:
At the time Ron Tripp made these claims, he already knew that the site plan had to include a large area
set aside for the Fowler's Toad (as per the well-known MNR requirements) because the toads' natural
habitat would be destroyed by the construction. Except that he told no one and the truth finally came out
after a Freedom of Information request revealed the plans for the Toad Habitat which, if approved by the
MNR would wipe out most of the promised "amenities." So, was Tripp lying?  You be the judge. Just follow
the timeline.

The pavillion is gone; most of the promised $3.45 million in amenities are gone. What we have left is a
boardwalk and a proposed outhouse on the beach.  

Congratulations to the Molinaros.  They took advantage of the stupidity of the town planner, mayor, CEO
and four councillors.  Of those, the planner is gone; so is the CEO and three of the four councillors. And the
mayor only won by five votes.

The condo, if built, will be dubbed "Martin's Folly" for all eternity.
"The Impartial Annunziata"
Makes a cameo appearance at Superior Court.
Yes, folks. That's what he said when confronted outside the courtroom in Toronto on Wednesday,
February 8.  

"It's all your fault," said his accuser.  Sandy Annunziata, former Ward 1 Councillor and strong proponent
of the P3 agreement between the town and the Molinaro Group to develop the public waterfront property
at Bay Beach into a twelve story high rise.  

Annunziata's answer: "I'm impartial now."  So, Mr. Impartial, why were you waiting in the corridor at Room
808 of Superior Court at 393 University Avenue on Wednesday afternoon if you're "impartial?"  We
know. Waiting for Hizzoner so you can have lunch together?  Like you never see each other in Fort Erie?  
Or, were you there as a body guard, like you once were for a certain renegade priest? Must be
disappointing to realize that your support of the Molinaro Project cost you a promising political career.  
Not to worry; there's an old political saying: "You can't tell the losers any more."  As long as you're willing
to be a go-fer for your political friends, like escorting Hizzoner to lunch, you'll do just fine.

It is true that the proponents were badly out-numbered by the opponents at the hearing. We counted 30
opponents in attendance to 2 for the proponents.  We arrived a little late and the small courtroom was
already filled. The clerk had to rustle up some chairs as it is against protocol for the gallery to not be
seated during proceedings. We later learned that the courtroom had to be switched to the larger room
because of the spectators.  It still wasn't big enough which shocked the court officers.

The town's solicitor, a Mr. Hill gave the court a revisionist history of the Bay Beach saga, including some
creative geography and warped memories.  The height of the Comet roller coaster did not set a
precedent for the height of the proposed high rise.  For that analogy alone, a fiction prize should be
awarded to whomever wrote it.  Hill went on for well over an hour, basically going over material already in
the brief, a lot of which had nothing to do with the issue at hand.

At issue is Section 37 of the Ontario Municipal Act and whether the benefits given to the Molinaros (e.g.
zoning change) are allowable under the act.  There is a "smoking gun" in the act and that is crux of the
plaintiff's case. The land transfer agreement is also very scary. The town could permanently lose the
property and would have no recourse to get it back if certain events take place. Whomever agreed to this
on the town's behalf should be fired.  (I was not aware of this until it was alluded to in court.  This mess is
far deeper than I thought.)

Other  arguments from the Town's counsel:

"The value of the land and community benefits will be entered into in a
separate agreement."

"It is clearly contemplated that $2.7 million will be traded in community
benefits."

"The town doesn't need authority to convey and in exchange for amenities.
This is in the Municipal Act." (Sec. 5, subsection 3 and Sec. 8.)

"Short answer: the municipality is not giving anything away for free."

What does this tell you?  That the town was determined to work this deal despite any
opposition from its residents.

Now, can you understand why we are fighting this?  We could lose the land forever, even if
there is no development because of the wording of the land transfer agreement.  We are not
dealing with the Molinaro Group; we are dealing with a separate corporation. Once the land is
transferred, it will be gone forever, even if there is never any development. Read the document
and weep.