Cornwall_2013_04_17

NEWS

editionap.ca

Deputy fire chief takes city, mayor to court

have to fund his own legal defence be- cause the city is forbidden under the con- flict of interest act from funding his legal representation. City Clerk Helen Finn has refused to release thus far who has paid for Kilger’s representation. Hickley is one of two city employees who filed for whistleblower protection, ac- cording to a statement released by Ottawa lawyer Fay Brunning in early February, who represented another whistleblower, Diane Shay, in her successful cases against the city. “I hope to bring a fair and proper adjudi- cation of these matters by having a quali- fied external investigator or the court con- duct a proper investigation and make the necessary findings of credibility,” Hickley wrote in his statement. The City recently released a statement claiming that one of the whistleblower complaints has been deemed unfounded after an internal investigation. It is not clear to which whistle-blower case the city’s statement refers. Hickley, in opening his statement, wrote that he has filed “with great regret” his ap- plication against the City of Cornwall and Mayor Kilger. His evidence is currently un- der seal at the court, which is being asked to determine what, if any, evidence can be made public. “I am also seeking other relief against re- maining members of city council, seeking protection against retaliation for myself, and for other city employees who have relevant information to provide,” Hickley wrote. “To get to the truth of the whistleblower complaint I filed almost a year ago, protec- tion is needed. “ mance bond attached to the contract. He was told by a city official that the company will be underwriting the new work for 20 years. The aquatic centre, which opened in Sep- tember 2005, houses the Kinsmen Pool, a six-lane 25-meter tank, along with a two- storey waterslide, toddler leisure pool and large whirlpool. City purchasing supervisor Stephen Rand, in a March 11 report, noted the city had budgeted $200,000 for the project this year. He wrote that the planning and parks de- partment wants all the money to be left in the fund until after the project is complete “in order to cover unexpected additional expenses that could arise once the roof deck has been exposed.” Staff is also recommending any addition- al funds be allocation to the demolition of clubhouses at King George Park, Alexander Park and at the Joe St. Denis field near the Bob Turner Area.

GREG KIELEC greg.kielec@eap.on.ca

The city’s deputy fire chief has filed an application in Ontario Superior Court of Justice in Cornwall seeking a determina- tion of whether the city’s mayor is in con- flict of interest. “I am seeking a determination for the electors of Cornwall, as to whether or not Mayor (Bob) Kilger is in a conflict of inter- est under the Municipal Conflict of Interest Act,” wrote Cornwall Fire Department Dep- uty Chief Robert Hickley in a statement re- leased Thursday. An official with the superior court in Cornwall confirmed an application was filed with the court by John Robert Hickley Thursday. She would not release any other information. The Journal is awaiting com- ment from Kilger. Hickley, in a statement sent to various Cornwall media, revealed he is the whis- tleblower who brought the complaint to Cornwall city council almost one year ago – on May 31, 2012. “The court has been given a copy of the whistleblower complaint and evidence, to allow a judge to make a determination as to whether or not there is a conflict of in- terest of Mayor Kilger under MCIA.” The mayor, in two media releases and in a statement at the March 25 meeting of Cornwall city council, denied that he is in conflict of interest, but even still, he will recuse himself from further discussions on the whistleblower cases. Hickley is representing himself in the court application made under the Ontario Cornwall’s eight-year-old aquatic centre will be getting a new lid. Amherst Roofing & Sheet Metal in Kings- ton has been chosen to replace the roof at the city pool, a process that will cost the city taxpayers $160,068. The design of the existing roof is causing large amounts of snow and ice build-up and slide onto a flat roof connection the aquatic centre to the Cornwall Civic Complex, ac- cording to a report to city council. The city installed snow stops on the sloped roof last year as a temporary mea- sure to minimize further damage after infra- red thermography revealed ice had punc- tured the roofing membrane. But ultimately it has decided an “inverted-roofing system” needs to be installed to avoid future prob- lems. The total bid from Amherst Roofing &

File photo

Cornwall Deputy Fire Chief Robert Hickley, background, sits next to now acting fire chief Richard McCullough during budget deliberations at Cornwall city council in 2012. Hickley is taking the city and mayor to court over conflict of interest allega- tions.

Municipal Conflict of Interest Act, but is seeking an interim order from the court for

city-funded legal representation from him. According to sources, the mayor would

City to spend $160,068 to replace roof at aquatic centre GREG KIELEC GREG.KIELEC@EAP.ON.CA

This image shows the radically sloping roof of the Cornwall Aquatic Centre. The city will spend $160,068 for a new roof for the aquatic centre because of problems caused from snow sliding down the roof and onto a flat roof adjacent to the civic complex.

cussion about the centre’s roof at last Mon- day’s meeting of city council prompted by Councillor Gerry Samson, the only one to speak to the motion to approve the Kings- ton company’s bid. Samson asked if there would be a perfor-

Sheet Metal of $180,876 was the lowest of six bids submitted for the work, about $9,000 lower than the second lowest bid- der, John Gordon Construction of Cornwall which was the only local bidder. There was only little over a minute of dis-

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