Duck Lake Development – Update

As you may recall, in 2002/2003 the Duck Lake Development Project was halted when the Grass & Loon Lake Residents Group, among others, appealed to the Ontario Municipal Board (OMB) to kill the project. Well, the Duck Lake Development Project is back, and the Town of Kearney was officially notified by letter in July 2012.

At the November 9th council meeting, regarding the Duck Lake Project, Mayor Paul Tomlinson and Councillor Steve Sainsbury declared a conflict of interest as they are both founding members and former directors of the Grass and Loon Lake Residents Group. Councillor Barry Dingwall, also a former member and director of the GLLRG, did not declare a conflict of interest. Instead, Dingwall led the discussion at the council table and managed to draw in the Town to pay for legal counsel involvement for the upcoming OMB Hearing on December 06, 2012.

Except there was no OMB Hearing on December 6th. It was a Pre-hearing Teleconference, specifying the parties involved. The Town of Kearney was not identified as an involved party but thanks to Councillor Dingwall, the Town's legal counsel participated. Unnecessarily and paid for by the Kearney taxpayer. Apparently, the Town has money to burn if it benefits the Proudfoot Four.

Also, to the moderator’s obvious surprise, Councillor Dingwall entered the teleconference and identified himself as “Councillor and seasonal resident”. Hmm... What does that mean?

Let’s look at the facts:

1. Tomlinson opposes the Duck Lake Project because it is across the road from his house.
2. Tomlinson forms the GLLRG specifically to oppose the Duck Lake Project. Tomlinson is President.
3. At November 9th council meeting, Tomlinson declares a conflict of interest.
4. Councillor Sainsbury is also a former director of the GLLRG so at November 9th council meeting, Sainsbury declares a conflict of interest.
5. Councillor Dingwall is also a former director of the GLLRG but at November 9th meeting Dingwall DOES NOT DECLARE a conflict of interest.
6. Councillor Dingwall participates in the November 9th council discussion, ropes in the town's lawyer, and unnecessarily attends the December 6th teleconference.

Now we hate to be critical of poor old Councillor Dingwall, but how blatantly stupid and arrogant is this latest transgression? We hope that the principals for the Duck Lake Project take note that Councillor Dingwall appears to have violated the Municipal Conflict of Interest Act and, like Toronto Mayor Rob Ford, if pursued through the courts, could be forced to forfeit his seat at the council table.

Also note that both Mayor Tomlinson and Councillor Sainsbury may have also violated the Municipal Conflict of Interest Act since Mayor Tomlinson expressed his opposition to the Duck Lake Project in a July 2012 issue of the Almaguin News. And Tomlinson and Sainsbury, having excused themselves from the November 9th Meeting, because of their conflict, held their own private meeting in the hallway and continued to discuss the Duck Lake/OMB issue.

If the GLLRG remains opposed to the Duck Lake project through the current process, you can be fairly certain that the former GLLRG directors now on council will do everything they can to influence the Town’s position to oppose the project. Any discussions these members of council have, or have-had, or will have, while on council is in violation of the Conflict of Interest Act, Section 5.
Stay tuned, there is bound to be more.