Wednesday, December 22, 2010

AGAIN SOMETHING TO THINK ABOUT AND YOU DECIDE

Application filed today in superior court requesting a new election for the city of Cambridge
Dec 22nd, 2010 | By Debbie Duff Vitez | Section: 2010 Municipal Candidates

Early this afternoon an application(s) under section 83(1) of the Municipal Elections Act was filed with the Superior Court of Justice challenging the the 2010 Cambridge election process and its results.

The Applicants, Thomas Vann and Deborah Vitez, list the irregularities of the process as:

A. inaccurate/incomplete information;

B. inconsistent/inappropriate planning;

C. mal-functioning equipment;

D. lack of accommodation for aged, infirm, and disabled persons; and

E. A lack of adequate communication between the Returning Officer for the Cambridge 2010 Municipal Election (Mr. Alex Mitchell) and the candidates, as well as the public

The Applicants state that:

The rights of the electorate were so encumbered prior to and during the Cambridge 2010 Municipal Election (October 25, 2010) as to warrant a new Municipal Election in Cambridge, Ontario. It is in the spirit of ensuring that these issues are reviewed, addressed, and redressed that we respectfully submit to the Superior Court, a request for a nullification of the results of said election. We further request that the people of the City of Cambridge be permitted to fully exercise their franchise with amply accessible (in number and in amenities) Voting Stations, Polls, and an old-fashioned, more reliable, human counted ballot method of determining who will represent them.

Tuesday, December 21, 2010

SOMETHING TO THINK ABOUT AND YOU DECIDE

December 18, 2010 (WITH OUT PREJUDICE )

Municipality of North Perth
330 Wallace Ave. N.,
Listowel, ON N4W 1L3
Attention: . Mayor & Council
Dear Mayor & Council:
Re: Improper Conduct of Municipal Staff
Bylaw Enforcement Violations

I would request this matter be dealt with immediately at the December 20, 2010 council meeting in open session as new business.

I am in the unfortunate position of having to inform Council of deceitful conduct of staff regarding the passing of Bylaw 89-2010. I am also informing Council that this matter specifically involves Councillor Paul Horn and his disregard for the Municipal Act, the Planning Act and local bylaws.

For those who are not aware, I appealed the above said bylaw to the Ontario Municipal Board. (OMB) Mr. Horn using the services of the municipal solicitor and paid for by the municipality brought a motion to dismiss my appeal. That motion was granted however, I have since appealed that decision to Division Court and to the OMB. My appeal of this zoning application are far from frivolous nor vexatious and the details of my concerns have been filed with the municipality and the OMB.

This issue started when Bylaw 89-2010 was presented to Council at the July 26 2010 council meeting. At this meeting the Clerk and the Mayor illegally signed the bylaw as if it was passed. Ms Berfelz and Mr. Hollinger’s signatures were affixed to the bylaw itself despite the fact the bylaw could not be deemed as officially passed until the appeal period had passed or an appeal was dealt with through the OMB or the courts.

It is asserted that the Clerk and Mr. Hollinger deceitfully signed Bylaw 89-2010 as if it was officially passed. Councillor Horn in a continuing act of deceit delivered this bylaw to the Ontario Motor Vehicle Inspection Corporation (OMVIC) as evidence that the municipality had officially approved his zoning application in order to obtain his “dealer licence” concealing the fact that there was an outstanding appeal.

In addition to the above, our CAO Mr. Snell has alleged that the OMB provided the advice that the municipality did not have to close Mr.Horn . In telephone conversation with OMB legal counsel Stan Floras he asserted that;

a) The OMB does not provide advice to anyone outside of their organization, and;

b) The advice alleged to be given was false as the bylaw should not have been signed or released until the appeal period was over or the appeal had been defeated or abandoned.

To make matters worse, municipality staff has ignored my complaints regarding their actions and the fact Mr. Horn had opened his used car business illegally. I have demanded that they have this operation closed but to date are ignoring my complain and the obvious gross bylaw infraction. It is asserted that by this abdication of duty or refusal to address the bylaw infraction, staff is effectively party to this gross breach of laws and conduct.

I would draw your attention to Sections 123 and 380 the Criminal Code that states;

MUNICIPAL CORRUPTION

123. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official

(a) to abstain from voting at a meeting of the municipal council or a committee of the council;

(b) to vote in favour of or against a measure, motion or resolution;

(c) to aid in procuring or preventing the adoption of a measure, motion or resolution; or

(d) to perform or fail to perform an official act.

Influencing municipal official

(2) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)(a) to (d) by

a) suppression of the truth, in the case of a person who is under a duty to disclose the truth;

b) threats or deceit; or

c) any unlawful means.
FRAUD
380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

(b) is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction, where the value of the subject-matter of the offence does not exceed five thousand dollars.As you can see the conduct of staff members Kris Snell and Pat Berfelz is indeed serious as is the conduct of Councillor Paul Horn who should be leading by example instead of exception. Not only are these individuals in serious violation of the legislation it is asserted that they are collectively in violation of the criminal code.

I would also draw to your attention the fact that the municipality paid for Mr. Horn’s legal costs through the use of municipal legal counsel Mr. O’Melia. I have made several efforts to determine if Mr. Horn has at least paid the municipality back for these legal costs however, I have been denied information from Mr. Snell and Ms Hale.

I am therefore requesting of council as follows;

1. The formal correction of Bylaw 89-2010 as NOT PASSED removing the signatures from the bylaw.

2. Formally informing OMVIC that the zoning on the Horn property has not been approved.

3. An investigation into Councillor Horn’s debt to the municipality regarding legal expenses and possible fraud charges related to his misappropriation of municipal funds.

4. An order and direction to staff to close the operation of Councillor Horn until such time as the appeal has been dealt with fully and completely

5. The termination of staff as identified with cause for their improper and illegal conduct related to this matter.

6. A demand for the resignation of Mr. Horn for his improper conduct related to the use of municipal resources (money and lawyer).

This is a very serious matter that questions to the core the integrity of the municipal offices and puts a dark mark on this new councils term of office by the conduct of one its own, Councillor Horn. It was apparent that the election mandate of this council was “time for change” and this issue is the first opportunity to draw a line in the sand and make stand for good governance, honesty and integrity.
Ron Scott

Monday, December 13, 2010

EXPLANATION FOR POSTS

I have included 2 different versions of the Obituary of Common Sense and although both are similar they are both different. It is a perfect time of year to reflect on how Common Sense has been lost in our world. And after my loss this year of a wonderful man and consultant, I have gone back to it to try and make sense of such a great loss. And one of my favourite men and talk show host does not allow this term to be used anymore because he feels it has been lost in out society. Maybe it is time to bring it back. Something for all of us to think about.

OUR BEST FRIEND VERSION 2

Today, we mourn the passing of an old friend by the name of COMMON SENSE.
Common Sense lived a long life, but died from heart failure at the brink of the Millennium. No one really knows how old he was since his birth records were long ago lost in bureaucratic red tape. He selflessly devoted his life to service in schools;hospitals, homes, factories and offices, helping folks get jobs done without fanfare and foolishness.
For decades, petty rules, silly laws and frivolous lawsuits held no power over Common Sense. He was credited with cultivating such valued lessons as to know when to come in from the rain, the early bird gets the worm and life isn't always fair.
Common Sense lived by simple, sound financial policies (don't spend more than you earn), reliably parenting stratigies ( the adults are in charge, not the kids) and it's okay to come in second.
A veteran of the Industrial Revolution, the Great Depression, and the Technological Revolution, Common Sense survived cultural and educational trends including feminism, body piercing, whole language and a new math.
But his health declined when he became infected with the "if -it-only-helps-one person-it's-worth it" virus. In recent decades,his waning strength proved no match for the ravages of overbearing federal legislation.
He watched in pain as good people became ruled by self-seeking lawyers and enlightened auditors. His health rapidly deteriorated when schools endlessly implemented zero tolerance policies, when reports were heard of six year old boys charged with sexuall harassment for kissing a classmate; when a teen was suspended for taking a swig of mouthwash after lunch; when a teacher was fired for reprimanding an unruly student. It declined even further when schools had to get parental consent to administer aspirin to a student but couldn't inform the parent when a female student is pregnant or wants an abortion.
Finally Common Sense lost his will to live as the Ten Commandments became contraband, churches became businesses, criminals received better treament than victims, and federal judges stuck their noses in everything from Boy Scouts to professional sports.
As the end neared, Common Sense drifted in and out of logic but was kept informed of developments, regarding questionable regulations for asbestos, low flow toilets, smart guns, the nuturing of Prohibition Laws and manditory air bags.
Finally, when told that the homeowners association restricted exterior furniture only to that which enhanced property values, he breathed his last.
Common Sense was preceded in death by his parents Truth and Trust; his wife Discretion; his daughter, Responsibilty; and his son Reason. His three stepbrothers survive him; Rights,Tolerance and Whiner
Not many attended his funeral because so few realized he was gone

OUR OLD FRIEND COMMON SENSE VERSION ONE

The Death Of Common Sense
12-13-10

Obituary
Today we mourn the passing of a beloved old friend, Common Sense, who has been with us for many years. No one knows for sure how old he was, since his birth records were long ago lost in bureaucratic red tape.
He will be remembered as having cultivated such valuable lessons as:

- Knowing when to come in out of the rain;
- Why the early bird gets the worm;
- Life isn't always fair; and
- Maybe it was my fault..
Common Sense lived by simple, sound financial policies (don't spend more than you can earn) and reliable strategies (adults, not children, are in charge). His health began to deteriorate rapidly when well-intentioned but overbearing regulations were set in place. Reports of a 6-year-old boy charged with sexual harassment for kissing a classmate; teens suspended from school for using mouthwash after lunch; and a teacher fired for reprimanding an unruly student, only worsened his condition.

Common Sense lost ground when parents attacked teachers for doing the job that they themselves had failed to do in disciplining their unruly children.

It declined even further when schools were required to get parental consent to administer sun lotion or an aspirin to a student; but could not inform parents when a student became pregnant and wanted to have an abortion.

Common Sense lost the will to live as the churches became businesses; and criminals received better treatment than their victims.

Common Sense took a beating when you couldn't defend yourself from a burglar in your own home and the burglar could sue you for assault.

Common Sense finally gave up the will to live, after a woman failed to realize that a steaming cup of coffee was hot. She spilled a little in her lap, and was promptly awarded a huge settlement.

Common Sense was preceded in death, by his parents, Truth and Trust, by his wife, Discretion, by his daughter, Responsibility, and by his son, Reason.

He is survived by his 4 stepbrothers:
I Know My Rights
I Want It Now
Someone Else Is To Blame
I'm A Victim
Not many attended his funeral because
so few realized he was gone..
If you still remember him, pass this on.
If not, join the majority and do nothing.

Thursday, December 2, 2010

WINTER IS HERE.........

I am looking out my window as the light fluffy flakes of snow fall to the ground. I live in what people affectionately call the snow belt. 4 months of unpredictable stormy weather and bone chilling temperatures to come. Last winter was a good winter and although we hope for another one like it, we know it is unlikely. And finally at noon a snowplow/road grader finally comes by to move the several inches of snow on the road. Lets see how badly he snows me in this year. My unique property, my home ( and previously a horse barn) is very close to the road and most years I have to dig my way out the front door, which is six feet from the road. Not much room to pile the large amounts of snow we get.
Well he is back to do the second run on the street,my side, and surprise, it may be a good year. He did not move the snow any farther than neccessary. I may not have to dig my way out. YET

Sunday, November 28, 2010

THE VIEW OF LISTOWEL ???????

With the permission of Joe Lethbridge of The Cambridge Citizen

When city folk go to Smalltown-A parody of sorts
November 26, 2010
By joel
When city folk go to Smalltown
This past weekend a friend and I went to Listowel , a town of about 3500 . We drove through the hamlet of Conestogo and up Highway 86 . We stopped along the road and stepped out of the cab of the truck and stood on the gravel and looked skyward .

Emblazoned with stars . I counted at least six shooting stars and my friend had seen about the same . Some were vibrant ;while others were shadows we could see above the light cloud cover.

We arrived in Listowel and toted our backpacks and blankets into the trailer. After unpacking we walked up Main Street and gave him the grand tour; speaking like a deep south tour guide.

Standing at the edge of the street we seen a sign .

“Raise hand and point ” to cross. I pointed at a riding lawnmower in the window of the local Home Hardware

“That there is the mode of transportation in this small town”

I thought he would get embarrassed but he just smiled and laughed,saying “OMG ! ”

We went to Tim Horton’s Donuts. There was no seating,only two round tables but no chairs. I would soon find out why there were no chairs.

We crossed Main Street and checked out a few stores.

Walking back up Main Street ,a car was parked and a boy about 16 was smiling at us through the window.

As most often; I smiled back . We continued walking and passing the car. When we were adjacent to the passenger window, the boy quickly reached over and locked the door. What a welcome !

We stopped in Giant Tiger and picked up some required eating. Willy Wonka chocolate covered pop rocks for a quarter a pack . Turns out they merely fizzled . There was no POP in the pop rocks. As a kid growing up on Willy Wonka I was pissed ! Willy Wonka had become corporate and did not care about us kids anymore. Okay !! SO I am not a kid but in my mind I am

I digress.

We left Giant Tiger and passed a grandmotherly type woman sitting in her car. She flashed us ! No ; she flashed us a huge and seemingly genuine smile. .

As we passed the car ; that fiesty grandma quickly yanked her purse from the passenger seat, locked the door and held to it tight on her lap; as though it was a Bingo Dabber at a bingo hall.

We walked back towards the trailer.

“gimme a piggy back ride ” I yelled and jumped up on my friend’s back .

That lasted but a minute. We didn;t wanna share our big city ideas of fun with the townsfolk .

Okay . so back to why Tim Hortons has no seating in Listowel. A proven fact as it was proven when my friend and I were in Listowel

I think there are no seats in Listowel because I aint to sure if they looks kindly on city folk coming to town. Maybe they should consider having a Welcome Wagon or at least a Welcome Riding Lawnmower .

Next time I may venture there on my own riding lawn mower or tie up my horse to a parking meter , downplay on what I wear; settling on blues or browns only and play the part of a local .

I almost heard the townsfolk on their porches with a loud send off .

“Y’all don;t come back. Ya hear ! ” and I can almost swear I heard loads of buckshot coming through the air ; ready to hit us in the ass. Lucky for us ; we were not on a riding lawn mower or maybe we would have left with souvenirs of buckshot in out city asses.

* In actuality Listowel does have quaint shops . I suggest bringing a deck of cards and a can or two of beans and weiners as most folk seemingly head off to bed at 7 pm.. and maybe a lawn chair if you want to sit and enjoy your piping cup of Timmies@

Wednesday, November 24, 2010

IT IS WITH DEEP SADNESS ............

On November 16 2010 at the age of 67 my friend and business consultant Bruce Karcher passed away after a very short and sudden illness. He was my rock for the last few years and has helped me through some very tough times in my fight. He was a kind and caring man and helped in many quiet ways, not expecting anything in return but knowing he was doing the right thing. I learned alot from this wonderful man and he will be deeply missed. My thoughts are with his family and the world will be a sad place without him

Thursday, November 11, 2010

RANDOM ACTS OF KINDNESS DAY

Friday Novemeber 12 has been chosen as Random Act of Kindness Day. It was started many years ago to promote doing random acts of kindess for one day of the year and is being celebrated in many communities. I do feel it is a great and powerful idea. It is one day to slow down and see the people around you and help without expecting anything in return. I have been doing this for years but not just on this day ,but everyday. We as a society should not need one day to be kind to our fellow man. It should be any day. So on Friday try to do one act of kindnes and it will be paid forward and it just might makes this a better place to live.
JUST MY OPINION

REMEMBERANCE DAY, LEST WE FORGET

THE POPPY
The blood red poppy of Flanders is immortalized as an emblem of sacrifice and remembrance for the honouring of the thousands who laid down their lives for those ideals which we, as Canadians, cherish.
The poppy calls upon us to remember not only those who have died, but those they left dependent, and those who still suffer from honourable wounds and disabilities. The poppy challenges us to serve in peace, as in war, to help those who need our help, and to protect those who need our protection.