Ron Schinners writes to Mayor Debbie and Council
Tuesday, February 14, 2012 by: SooToday.com Staff
SooToday.com has received the following copy of a letter Ron Schinners says he delivered to the City Clerk's office on February 13, 2012.
Schinners is a former Sault Ste. Marie mayoral candidate.
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City Clerk Mayor and Council
On February 6, 2012, mayor and council endorsed a resolution that would see KPMG complete a market assessment and feasibility study for the development of a deep water harbour.
Council confirmed its $50,000 contribution.
The city allocated $250,000 to save the Huron Central Railway.
Taking the $50,000 for the market assessment and feasibility study for a deep water harbour from funds that were allocated to save the railroad is wrong.
The $250,000 was raised for a special purpose and that was to save the railway and cannot be used for the harbour study.
City council is in clear violation of the Municipal Act Part XIII DEBT AND INVESTMENT Section 424:
(1) Liability of members for diversion of funds - If council applies any money raised for a special purpose (in this case the Huron Central Railroad) or collected for a sinking or retirement fund to pay current or other expenditures otherwise than permitted by this act each member who votes for the application
(a) Is personally liable for the amount so applied which may be recovered in a court of competent jurisdiction; and
(b) Is disqualified from holding any municipal office for two years.
(2) Action by a ratepayer - If a council, on the request in writing of a ratepayer, refuses or neglects for one month to bring court action under clause (1)(a) the action may be brought by any ratepayer on behalf of all ratepayers.
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Dictionary 2/14/2012 6:07:14 PM Reporthahahahahahaha
TankGirl 2/14/2012 6:22:33 PM ReportDitto.
Norm 2/14/2012 6:36:37 PM ReportKeep em on their toes Ron. Most others don't have the intestinal fortitude.
UrsaMajor 2/14/2012 7:01:55 PM ReportI say it once again. The current council is unfit to serve and must be abolished.
geterdun 2/14/2012 7:30:29 PM Reportyea thats it... you may as well complain about coucil trying to create jobs...Glad to know were you stand when it comes to creating jobs in this community RONNY
Pink Peony 2/14/2012 7:53:49 PM ReportThe city allocated $250,000 for Huron Central Railway? When? The provincial and federal governments gave over 30 million not too long ago. Maybe the city reallocated the funds because of the money given by the feds and provincial gov't.
Hamguy 2/14/2012 8:14:48 PM ReportIf in fact what Ron states is true, why didn't the City's Legal Dept catch it ?
Thim 2/14/2012 9:59:36 PM ReportVery good letter Ron, well written with appropriate references to bylaws to give your allegations much credibility.
I see a very close connection to the PUC fiasco where the donations by the PUC to a third party were made without councils knowledge.
eclectic 2/14/2012 10:24:56 PM ReportI believe that Mr. Schinners is incorrect. This money was not 'raised' for a special purpose. It was allocated from the City budget for a specific purpose, if needed, much the same as other funds are allocated for snow removal, for example. The full amount that was allocated for the rail study was not needed, so it can now be used for something else. The City may allocate $1M for snow removal, but if it is not needed (such as in a year like this) then it is used for other expenses. City council is attempting to use the money in a similar fashion, i.e. developing infrastructure and creating jobs. But who wants that...
mal 2/14/2012 10:29:38 PM ReportI agree with the last comment. Well done. You have realized that this letter is absolutely wrong. The funds may have been allocated but certainly not raised for that purpose. If there was a tax levy for the purpose of saving the railway that may be considered funds raised for a special purpose. Not in this case. Here we have someone pretending to be a lawyer.
SammH 2/14/2012 11:53:15 PM ReportHey, Schinners sent out a press release and none of the words needed to be censored!! Impressive!
cityhallguy 2/15/2012 8:27:30 AM ReportI agree...City Hall does not RAISE funds! They are allocated and can be re-allocated as Council sees fit as long as it is done within municipal law.
Could you imagine where this City would be if he were in the Mayor's chair?!?!?!
Stevie-E 2/15/2012 8:32:28 AM ReportI also agree with @eclectic's response.
As a young person that decided to stay in this fine city with great potential, I am a little less concerned of where the money is allocated, but rather how the money is actually spent. As long as it is used responsibly, who cares what the funds are earmarked for??! That is only on paper...I am all for bringing jobs to the city wherever the money comes from.
It seems that those who are complaining are not concerned about growth or are not small business owners who depend on the trickle down effect created by infrastructure improvements. Business 101 people!!
Elliott Lake is a wonderful and quaint little retirement community if any of you are interested.
Grace 2/15/2012 9:08:05 AM ReportIf what Ron has stated is true.Rules are rules.
Wow..!!! This could open up all financial procedures at city hall.
Sure hope the responce from the mayor will be made public. Curious to see what comes back!
Wobbler 2/15/2012 9:40:35 AM ReportMr. Schinners:
It might be prudent of you to do your research before you write letters such as this to city council. I found the following in some minutes of a council meeting. "Whereas at the meeting of 2011 02 22 Council approved that the initiatives and activities of the Transportation Infrastructure Committee are to be funded from the Huron Central Railway strategy surplus account of approximately $200,000."
If I read it correctly it says that there is a "surplus" of funds in the Huron Central Railway account. I am confident that "surplus" means extra. Therefore, only a certain amount was used for the railway and there is a balance remaining. These funds needed to be allocated elsewhere and where else, but to use these funds for other Transportation initiatives in our city?
Wheels17 2/15/2012 3:31:45 PM ReportWay to go, Ron. Keeping the city accountable. Without you, we would know nothing and they would keep stepping on us as taxpayers. Keep up the good work.
AceOfBass 2/15/2012 5:16:57 PM Reportwobbler,The 250,000 was allocated(for a purpose and thatt is HCR) one for towards the administration of the interim arrangement and negotiation of a a final agreement for Huron Central Railway.
This is fro a press release dated 2010/06/17 from the CAO.
it does not matter if thete isa surplus you cannot use money allocated for one project for another .You have do this by the rules set out in theMunicipal Act. This is a violation of section 424.
people may not like it but lets council play by the rules instread of doing things without checking.
mal 2/15/2012 6:38:08 PM ReportAceofBass--there is a difference between allocation and raising funds for a special purpose. The Municipal Act has not been contravened. The letter written was incorrect, inflammatory and in my opinion should be retracted.
dicks 2/15/2012 7:19:08 PM Reportwhy spend 50,000 dollars to study a deep sea harbor that was approved in the 1980sor 1990s a boat was sunk to make the dock face,rail line upgraded and spurs installed to allow storage of rail cars. edc paid for most of this work. dock was used mostly by asc who assumed ownership.
AceOfBass 2/15/2012 8:03:01 PM ReportMal if council applies any money raised(getting together or procuring by special effort the meaning from Webster Encyclopedic Dictionary of the English Language) for a special purpose in this case the HCR to pay for in this case the market assessment and feasibility study for a deep water harbour is liable for the diversion of these funds.
mal 2/15/2012 8:16:12 PM ReportAceofBass--the dictionary is not equivalent to legislative interpretation. These funds were not raised for a special purpose they were simply allocated.
mal 2/15/2012 8:17:38 PM Reportand further to that--if you look at the definition you provided you will see more support for the fact that those monies were not raised for the HCR.
AceOfBass 2/15/2012 9:19:47 PM Reportmal The evidence of City council violating the Municipal Act section 424 not once but on two different times.The first time on 2011/02/22 when council carried the proposal to strike up the SSM Transportation Infrastructure Steering Committee and using the surplus of $200,000 from the Huron Central Railway Stragey surplus to fund this along with the top priority Harbour.
The nexttime is February 6 2012 when they Council confirmed is $50,000 contribution from the Huron Central Railway.
The bottom line is City council is diverting funds from the Huron Central Railway strategy to pay current or other expenditures otherwise than permitted.
UrsaMajor 2/16/2012 12:03:56 AM ReportI'm convinced mal is either a troll or a member of the council.
Note: Comments that appear on the site are not the opinion of SooToday.com. Keep discussions civil and on topic. Refrain from obscenity and don't post anything that your grandmother would be ashamed to read. Those who do not abide by these guidelines will have their membership revoked without notice. If you see an abusive post, please click the link beside the post to report it.
