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Volume 11 Issue 10 OCTOBER 2007 #129

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PROUD HISTORY X

If Democracy Was a Game, This Would Be Cheating

by David Serafino

No one likes to be deceived. When you find out you have been, it’s likely you won’t feel kindly toward your deceiver. So how does the deceiver react to being found out?

The PROUD executive may be feeling rather sheepish these days. After three years of manipulating public opinion with misleading statements regarding the Port Place development proposal, this residents group is about to enter an arena where what they say will be scrutinized for accuracy. There is no point in misrepresenting the facts at the OMB.

It didn’t have to be this way. As a founding member of PROUD helping to establish the Port Dalhousie Heritage District, The Peer hoped to serve as a forum for sensible discussion and debate regarding a proposal to develop Port Dalhousie’s commercial core. Unfortunately, those opposed to the development dominated PROUD and began a campaign of deceit and intimidation, forcing The Peer to counter their misrepresentation.

IF DEMOCRACY WAS A GAME…

The methodology of this newly constituted “PROUD” was publicly exhibited on June 28, 2005 at the public information meeting mandated by the province’s Planning Act. Here is where it became clear that PROUD was not interested in debating the issues but to turn public opinion against the project by silencing those in support rather than by presenting a better argument. The development team’s heritage architect was booed and heckled when he attempted to answer a question posed by a PROUD member. Anyone speaking in support of the project was also booed and heckled. If democracy was a game, this would be the equivalent of cheating.

THE PROUDITE* MINDSET
(*Proudite: Anyone who adheres to PROUD's beliefs)

One thing must be understood about the Proudites—They are not bad people. They are, for the most part, our neighbours who just happen to share a belief that they and Port Dalhousie will suffer from allowing anything higher than three stories to be built. This may seem like a simplistic analysis but that is what it boils down to.

The Site Plan and Heritage Application, produced by the developers (at great expense) describe in detail how heritage assets will be conserved. Unfortunately, these applications will be rejected in whole by the Proudite mindset simply because it calls for exceeding the three-storey height limit. Never mind that more public space will be created, that the commercial core will function better both economically and socially and that we will no longer have to be accosted by overflowing garbage cans or unsightly utility lines ruining every photograph. For the Proudites, it’s three-stories or nothing.

FRANKLY SPEAKING, I THINK WE DESERVE MORE THAN NOTHING

If the Proudites were to win at the OMB, nothing is what we’d get. The Proudites are not concerned whether or not the developers make a profit from their venture. But, like any business person would understand, making a profit is paramount when investing one’s business assets. And when that amount is in the range of 80 million dollars, the public and city councillors should be concerned that the endeavour is a success.

The Proudites act as if this is public land and public money being invested. May I remind our readers once again that this is private property and private money being risked. Yes, the proposal required an amendment to the zoning and the Official Plan—both of which were GRANTED by the PREVIOUS CITY AND REGIONAL COUNCILS.

And, though the Proudites state in their newsletter “…yet the developer chooses to proceed to the OMB,” it is the Proudites themselves who are taking the issue to the OMB by appealing the two councils’ decisions.

TAXPAYER’S DOLLARS AT RISK

The Proudites are also trying to raise money from the public in order to finance their appeal. Of course they would be quite happy if the taxpayer paid for their venture—and this is where the manipulation comes in.
People who followed the marathon public meetings of July 2006 might recall how Councillor Bruce Williamson worked hand in glove with the Proudites, lobbing softball questions their way to allow their speeches to expand well beyond the allotted ten minute time limit in order for them to elaborate upon their point of view. This was also an orchestrated attempt to extend the public meetings for as long as possible in order to wear out council before those supporting the project could have an opportunity to speak. They were successful in stretching the meetings into five days but not in winning over council who voted IN FAVOUR of granting the zoning amendment. The ‘filibuster’ was just one action of many to try to manipulate the public process.

The latest was played out on August 27th of this year in front of a new council with Councillor Williamson again at the helm. Council has 90 days to debate and comment on the newly submitted site plan and heritage application. Normally, council would ask for planning staff to make a recommendation on any project, so it would only make sense that they would ask for a professional opinion from their Planner on an $80 million project. But they didn’t.

Williamson’s motion, for the applications to be passed through to council relying solely on the reports from the city’s heritage advisory committees, passed. City Planner, Paul Chapman stated he would make a recommendation if directed to do so by Council but that what was before council was “deemed to be the best approach.” Deemed? By Whom?
Councillor Len Stack moved that the Planner make a recommendation to which Williamson countered “there’s no point in a report from the Planner since his position (in favour) is well documented. The motion was lost.

SO WHO WILL THE CITY BE RELYING ON FOR ADVICE?

For one, the Port Dalhousie Heritage District Advisory Committee (PDHAC). And who is PDHAC? Eight out of ten members (the vast majority) are Proudites. But not just ordinary Proudites—it’s primarily the PROUD executive: Garcia, Bergen, Kehler, Cordner, Connolly, McMullen, Alder and Webb. (Bergen & Kehler and Alder & Webb are spouses and the rest are friends and neighbours—not a cross-section of the community)

PDHAC is PROUD!

So why are some people so intent on limiting advice to council to the Proudites? It’s because PDHAC will reject the application. Then, it can be stated: “based on the information we have before us from our advisory committee, council has no choice but to reject these applications.”

AND THIS IS WHERE THE TAXPAYER PAYS PROUD’S BILL

If council rejects the application, without being advised to do so by their Planner, they cannot call upon his expert testimony to support their decision at the OMB. (Nor would they if he recommended they approve the application.) However, if they elect to produce expert witnesses at the OMB to back up their decision, and since no one on PDHAC is an expert in planning or heritage conservation, the city would need to hire outside lawyers and planners to fight the developers at the OMB and…VOILA! The taxpayer is now paying for PROUD’s appeal.

GEEZ, THEY’RE CLEVER

You really have to give them credit for their cunning, their tenacity and their ability to openly make misleading statements without blushing. Analyzing the Proudite mindset would be a complicated task since individuals are drawn to the cause for various reasons. For instance, senior citizens are generally more resistive to change and don’t want their golden years to be a time of adjustment preceded by two years of construction. Those of moderate means may fear that sophistication of the core area might price them out of existence. Then there are those immersed in the culture of opposition and protest, and others who just want to be part of a group or make new friends. OR a Proudite may be someone building a campaign platform and name recognition for the purpose of running in the municipal election. Today they act like spoiled children who are insistent upon getting their own way—or fundamentalists who will not let logic or planning principles interfere with their beliefs. Or—they just want to win.

Regardless of motive, the Proudites have become a formidable force in the community. It’s not that they have numbers or even popular support—it’s because they work hard at presenting an image of popular support. And this is what they are really good at—misleading the public. If one repeats a lie often enough it will begin to sound like the truth and, ultimately, alter public opinion. And the Proudites know that most of our municipal politicians react to public opinion.

THE FORMULA IS A SIMPLE ONE--Manipulate public opinion and win the councillors’ vote.

However, when the facts are such that they cannot be used to win over public opinion, the ‘facts’ need to be skewed. This is why you never hear the Proudites saying anything positive about the Port Place project. Their sole intent is to create a negative impression in the public mindset.
And how do they do that? By manipulating the media. The media controls public opinion and public opinion controls our elected officials.

WHEN GOOD PEOPLE DO BAD THINGS

Good people can do bad things. Often they start out with good intentions. PROUD began as a small group of residents in Old Port Dalhousie who thought that their neighbourhood should be recognized as a heritage district. 38% of the residents agreed and the heritage district came into being on December 12, 2003. Following that, the group decided not to disband but remain together for other purposes. Number one on the agenda was to tackle the late-night bar patron problem, but that was soon eclipsed when Port Dalhousie Vitalization Corporation unveiled their plans for a 27-storey condo tower in the commercial core (in spite of the fact that the project would solve the bar problem).

The group split and those opposing the project (including co-chairs Garcia and Bergen) hijacked PROUD by excluding those open-minded to the project from receiving communications or being informed of meetings. With a core group of about a half-dozen people (carried over from the original group) the new group attracted new members opposed to the development proposal. PROUD became a protest group rather than a heritage group but still waved the heritage banner. Then the misrepresentation began along with the manipulation of the media and, as a result, much of the public bought into the rhetoric. The misrepresentation continues to this day.

WAKE UP!

After PDVC pulled the original proposal, in October 2004, and prior to council’s vote on the new proposal in the summer of 2006, the St. Catharines Standard editorialized in support of the new proposal. Previously being criticized for being biased toward PROUD in their reporting, The Standard’s reporting became more balanced.
PROUD, displeased with one particular article, fired off a letter to The Standard’s Managing Editor challenging her to “…produce one example of where our organization has not behaved in a civil and responsible manner.”

WE CAME UP WITH 33

The list has since grown to 37 and, though we wish we had the room to print all, we have chosen to print, in chronological order, 20 of the more serious breaches of “civil and responsible” behaviour.

IF DEMOCRACY WAS A GAME, THIS WOULD BE CHEATING

1. July 2004. Manipulating the Public
PROUD distributes a survey throughout Port Dalhousie asking for an opinion on the development without offering information other than its own guiding principals. They then claim the results show overwhelming opposition when, in truth, most returned questionnaires requested more information. A Brock professor questions the validity of the survey.

2. November 2004. Misleading the public with False Statements in the Media
“The proposal calls for the destruction of most Heritage Buildings owned by PDVC such as the Lions Tavern, Bank Building and the Port Mansion.” (A statement on the saveport.ca website)
“Why would residents want a development that will demolish many of the current buildings and replace them with unsympathetic new buildings?” (Carlos Garcia, PROUD Co-chair, letter to the editor in Niagara This Week, Dec. 3/04)
“It includes tearing down most of the heritage buildings they own.” (Carlos Garcia; Cogeco Nov. 20/04)
All of these statements are proven falsehoods.

3. November 2004. Door to door SOS Campaign Begins
Proud members go door-to-door in the Port Dalhousie Heritage District inciting anti-tower hysteria by making misleading statements to residents as previously noted. Rumours begin to circulate that those supporting the development are being bribed.

4. Winter 2005. Threatening Port Dalhousie Merchants
Port Dalhousie merchants report that members of PROUD have approached them to display their anti-tower SOS poster and some have been threatened with non-support of their business if they don’t cooperate.

5. February 2005. Misleading the Public
PROUD’s newsletter and website carry inflammatory rhetoric and false claims of “demolition of several 19th century properties”, “reduced access to Lakeside Park and the beach” and “the addition of 60,000 square feet of retail.” Newsletters include drawings and photographs depicting a sea of high rise towers, parking and traffic congestion and other negative aspects of “what Port Dalhousie will become” as a tactic to incite opposition.

6. April 2005. Silencing the Press
The co-chair of PROUD’s Community Relations Committee calls the manager of the City’s Recreation and Community Services Department to insist they stop advertising with Dalhousie Peer Magazine (which had begun exposing PROUD’s tactics) claiming the magazine was promoting the growing of marijuana—an unfounded claim refuted by the RCS manager.

7. May 2005. Misleading the Public
Proud erects a billboard displaying the developer’s concept drawing, altered, to induce a negative reaction.

8. Summer 2005. Misusing Public Property
PROUD raises funds to fight the developers by selling the original street signs (replaced with heritage signs) even though the new heritage signs were purchased with donations from the developers and supporters of the development including the Port Dalhousie Business Association.

9. June 28, 2005. PROUD Hijacks Public Information Meeting to Deny Freedom of Speech
PROUD stages a media campaign to incite opposition to the proposed development at the public information meeting selling buttons and t-shirts with anti-tower slogans. Twenty or so members line up to dominate the microphones before the brief presentation by the city is concluded. PROUD supporters applaud loudly after each of their speakers makes a presentation. When the heritage architect attempts to answer a question he is booed and heckled. When people in support of the development finally get a chance to speak they are intimidated with heckling.

10. Summer 2005. Co-opting Heritage Agencies and Persons
PROUD sends out information to Heritage Agencies such as the Heritage Canada Foundation and the Architectural Conservancy of Ontario and to individuals such as Lincoln Alexander and Urban Philosopher Jane Jacobs. They use the replies to those letters as support for their cause but when Councillor Erskine asks to see a copy of what they sent, she is told that they didn’t keep a copy of the letter.

11. September 2005. Demonizing the Developers
Following innuendo that the developers are paying off the mayor, councillors and members of a citizens group, and having attributed all sorts of negative adjectives such as “greedy” to them in their writings, PROUD erects a billboard demonizing the developers as a huge monster stomping over and destroying Port Dalhousie.

12. October 2005. Manipulating Public Opinion
After six months of campaigning across the city with billboards, letters to the editor, a newsletter and radio segments emphasizing the negative aspects of a “Tower in Port Dalhousie” while ignoring all positive aspects, PROUD conducts a private phone survey to determine if their message is being received. Assured by the results, they hire Brock students to conduct a survey for which Co-chair Bergen has designed both the methodology and the single question which relates solely to the tower and provides no information on the project. When the results come in showing 77% opposed to the tower, they claim that the survey was designed and supervised by Brock Professor, Herb MacKenzie, who later states he first heard about the survey when he read the results in the paper.

13. Spring 2006. Questionable Use of Donations for Heritage Signage
What has PROUD done with the $2500 left over from donations for heritage signs? What is meant by the handwritten notes on a PROUD ledger sheet: “Per Carlos: $2500 transferred @ Jan1/05 = Donations re: Heritage Signs...Adjust memberships to equal actual # members and apply to donations...Approx 500 members @ Dec. 31/05 = $2500,” ?

14. March 2006. Attempting to Politicize Port Dalhousie Community Policing Committee
PROUD members sign up to fill the vacancies on the executive of the Port Dalhousie Community Policing Committee in an attempt to politicize it in support of PROUD. They later abandon their positions and the NRP dissolves the committee.

15. April 2006. Bargaining in Bad Faith and Libellous Activities
After NCSD chair, Dave Roberts, comes to an agreement with Garcia and Bergen to maintain an open dialogue on issues rather than taking things public, Garcia releases a bogus email (designed to cast NCSD in a bad light) to the media and all elected officials and senior staff in the Region.

16. May 2006. Misrepresenting the Facts
PROUD begins its campaign against the new “Kirkland” proposal by misrepresenting the facts in their newsletter and on their website. Their website still retains much of the information that pertains solely to the original design and, at first glance, a reader would believe this outdated information, which refers to a 30-storey tower, is current. Their website and newsletter also portray a future for Port that shows an impossible number of high-rise buildings.

17. June 13, 14, 15, 2006. Denying Freedom of Speech
At the public Council meetings, scheduled to hear from opponents and proponents of the proposed development, PROUD organizes a filibuster designed to wear out council and frustrate the proponents in their bid to be heard. PROUD parades a series of speakers before council for three nights to deny the opportunity for the proponents to be properly heard by dominating the time and forcing constant rescheduling of more evenings while council members grow weary of hearing from the public.

18. August 2006. Operating behind a Charitable Organization and Denying Membership
PROUD members establish the St. Catharines Branch of the Architectural Conservancy of Ontario (ACO) in order to raise funds for their cause under the ACO banner. Membership is denied to Port residents with heritage pedigrees who disagree with PROUD’s point of view.

19. November 2006. Manipulating Voters
After threatening councillors, should they support the project, PROUD distributes ballots marked solely with candidates who oppose the project. Rather than encouraging voters to think and analyze for themselves, they dictate to the electorate.

20. Current. Misrepresentation of Fundraising Recipient
PROUD now fundraises under the banner of ACO to deceive people into thinking they are donating toward the preservation of heritage buildings when in fact money is being raised to fight the developers who actually are preserving and restoring heritage buildings.

PROUD = PDHDAC = ACO
IT’S ALL THE SAME PEOPLE

It’s a small group of people but they have a way of making themselves seem larger. They wear whatever hat suits the occasion but, lately, it seems the PROUD hat has worn thin. No worry to them. The PDHAC hat is what they wear in front of council and now it’s the ACO hat they wear in front of the public.

The St. Catharines ACO Branch, which was started by PROUD, is now raising funds to stop the proposed development in Port Dalhousie and, unless our city council puts taxpayers on the hook, PROUD will be using these funds to pay for their lawyers and expert witnesses.

The fundraising initiative under ACO is deceiving. Promotion for an “ACO” fun-run states “The local Branch’s current focus is on raising funds to help preserve and enhance the heritage of historic Port Dalhousie’s provincially-designated Heritage District.”

Nowhere does it state specifically how it intends to preserve and enhance the heritage. So let’s look at what the ACO (AKA PROUD) has done since the original PROUD splintered following the designation of the heritage district.

ABSOLUTELY NOTHING!

PROUD (or ACO) has not contributed to the conservation of any building in the district or elsewhere. The money they raise won’t go to heritage restoration but toward trying to defeat a proposal that calls for the rehabilitation and conservation of all aspects of heritage (including fragments of walls) within the project boundaries.

What will happen if PROUD wins its appeal? It’s hard to predict and PDVC isn’t even entertaining that notion but, for the sake of conjecture, most likely the status quo would prevail. PDVC has already gone on record saying they would not build a low rise development as suggested by PROUD. The reasoning is that it would not be a profitable venture. When Architect, Michael Kirkland came on board to redesign the project, he met several times with PROUD members and ultimately came away stating to Co-chair Garcia at a public meeting, “The only things that you’ve suggested to me are things that would critically maim the project.”
Losing to PROUD at the OMB could possibly cause PDVC to sell off their properties piecemeal rather than risk their capital to fund a doomed venture within the realm of PROUD’s standards.

Would there be a buyer in the wings with a plan that won’t exceed three stories? Would a project like the one pictured above serve us better than the one now on the table that includes a public courtyard, a theatre and conservation of all heritage buildings? As it now stands, it will not be a majority of Council but the OMB who will answer that question. ¤



 

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