New governance for Niagara Parks

Katzman steps aside as NPC vice-chairman

Katzman to step down from role on Niagara Parks Commission

Friday, July 23, 2010, 10:42am EDT

Longtime NF, Ont. parks official exits

Business First of Buffalo - by James Fink

July 23, 2010

Niagara Parks Commission deputy steps down

Shake-up at image-plagued agency begins with stalwart Archie Katzman's resignation as second-in-command

The Niagara Parks Commission's colourful vice-chairman has been demoted in the first step of the body's long-awaited overhaul.

Mr. Katzman, 80, will step down Friday as second-in-command of the commission's board, a position he held for most of his 39 years as a member. He will continue as a regular commissioner until his term expires in October of 2011 but said he won't seek reappointment.

"I just thought that it was the right thing to do," Mr. Katzman said in an interview, adding he stepped down voluntarily. "No pressure at all," he said.

Revelations of Mr. Katzman's personal links to parks contractors were among concerns raised last month by a Niagara Falls watchdog group, Preserve Our Parks, in a letter to Tourism Minister Michael Chan.

His drop in rank comes two months after the Liberal government installed a new chairwoman to steer the 11-member board out of controversy.

Fay Booker, a corporate governance expert, came in with a mandate to pull the commission's practices into line with modern standards after it granted an untendered lease to the famed Maid of the Mist tour boat operation, prompting a public outcry and months of fallout.

Queen's Park vetoed the lease and ordered a bidding process, and the former parks chairman resigned.

Meanwhile, subsequent provincial audits of the commission's business practices and governance, obtained by the Globe and Mail, found that secrecy, questionable decision-making and an "old boys' club" image plagued the 125-year-old agency.

Despite Niagara's status as Canada's busiest park, the commission has lost money for the past several years, prompting greater scrutiny of its governance and management.

May 24, 2010

How to fix Niagara Falls? New commissioner has some thoughts

Fay Booker hopes to inject new energy into the beleaguered organization and leverage the area's strengths and opportunities

It's been a tough few years for the Niagara Parks Commission, the $80-million-a-year Ontario agency charged with keeping Canada's busiest public park beautiful, while raising its own revenue. Sagging tourism and a soaring dollar haven't helped, but neither has a string of controversies around the commission's stewardship of Niagara Falls.

Enter Fay Booker, a 52-year-old accountant and governance expert from Burlington, Ont., who took the chair at her first meeting on Friday. Ms. Booker, who will have her work cut out for her in steering the 124-year-old Crown agency to calmer waters, speaks with The Globe and Mail's Anthony Reinhart.

What exactly is the problem with the Niagara Parks Commission?

I don't know if problem is the right word, but there are a number of challenges. There's been a lot of attention on the Maid of the Mist contract, so the question is, were other interested parties given an opportunity to bid, and was due process followed? There are also challenges around finances. We saw a major decrease in tourism from the United States, and we have the passport issue on top of that. Today the additional issue is the Canadian-U.S. exchange.

So there's been a slide in tourism. What is the commission doing about it?

They have done some internal reviews and I would suggest that there be further work done on that. What strengths and opportunities can we leverage to make it a place where Canadians [and not just foreign visitors] want to go?

Speaking of internal reviews, what did you think of KPMG's report on the commission's governance practices last year? It wasn't exactly complimentary.

I've received the KPMG review and it has some information that's blacked out. We need to spend some time really talking about what the governing body is responsible for doing, and then how to fulfill that responsibility. The better the commission is in conducting its job, the better you can motivate your executives to do their best.

The commission's 300-plus paid employees will have to be similarly motivated. What are your impressions of their working culture so far?

So far it's been quite good. All the people I've met are very dedicated to the parks. They are looking for new direction, new vigour, new energy and solutions going into the future. There's no doubt that having a female commissioner who is not from the region [is an issue], but I think we have some new energy coming into the organization.

Some say too much of the commission's energy, not to mention money, has migrated to commercial operations - golf courses, attractions and the like - at the expense of its mandate to protect the beauty of the Falls. Given recent losses, is it time to refocus?

When you think of the Niagara Parks Commission, the first thing that should come to mind is protection and preservation of the Falls and the natural landscape around the Falls. At the same time, there's a lot of responsibility to pay for that protection. I've got to look at how we do that on a financially sustainable basis.

Aside from ensuring that balance, what are you most eager to accomplish?

I would really like to see a recapturing of the confidence in the Niagara Parks Commission, of the idea that it is here for Ontarians, not just [local] residents, not just tourists. It's our responsibility to look at ourselves and say okay, what have we been doing and what do we need to do to regain the confidence of people?

Did Queen's Park hand you that priority, or did you already have it in mind when applying for the job?

That was already my view. I grew up on a farm, and so we got to have one day in the summer of holiday, and it was all about going to Niagara Falls. It was this awe-inspiring part of Ontario, and I just think we need to recapture that.

The commission has long been seen as aloof and secretive. How will you deal with this?

I believe that we need to be much more open, and I'm pleased that [the commission] did start opening the meetings back in January. I think we have to look at how we make ourselves available to people to express their views. I don't expect to be aloof; I do expect to be available. We'll have to see how we actually make that happen, and in relatively short order.

Will you take advantage of the free golf?

[Laughs] I do golf, at a club in Hamilton. There are perks for commissioners and I think we have to look at whether they should be there. We have to be very aware that we should not be benefiting from something that is not appropriate. I'm quite happy to make my own situation open, whether it's my commission fees or my expenses. That doesn't bother me.

Operators need to show innovation

BOAT TOURS: Competitors have to prove they're better than Maids, consultant says

Seamless transition needed for Maid lease, tourism operators say

'Eyes on the road' at NPC, chairwoman Booker says

New Chair Of Niagara Parks Commission Confirmed

New NPC chair highly regarded

n POLITICS: Queen's Park committee approves Fay Booker's appointment

What's the problem?

Friday, April 16, 2010

Maid of the Mist sails under contractual cloud

Business First of Buffalo - by Tracey Drury

COLUMN: Problem-solving first job for new NPC chair

'What's the problem?' should be Booker's new mantra

Queen's Park committee endorses Fay Booker as Niagara Parks Commission chairwoman

Tuesday's vote last hurdle for Burlington woman to clear

Niagara Parks chair prospect put in hot seat

Parks commission nominee grilled by MPPs

Fay Booker needs committee's approval to become NPC chairwoman

Standing Committee on Government Agencies - April 13, 2010

STANDING COMMITTEE ON GOVERNMENT AGENCIES

COMITÉ PERMANENT DES ORGANISMES GOUVERNEMENTAUX

Tuesday 13 April 2010 Mardi 13 avril 2010

INTENDED APPOINTMENTS

MS. FAY BOOKER

Review of intended appointment, selected by official opposition party: Fay Booker, intended appointee as member and chair, Niagara Parks Commission.

The Chair (Mr. Ernie Hardeman): Now we'll proceed with the appointment reviews this morning. Our first interview today is with Fay Booker, intended appointee as member and chair, Niagara Parks Commission. Ms. Booker, if you would come forward and take a seat there. First of all, thank you for coming in and offering your services and coming in for the interview this morning. We will start the process with you, giving you the opportunity to make a short statement and to explain a little bit about yourself and your reason for the appointment. Then, each party will have an opportunity to ask you some questions to find out a little bit more about you. This time, we will start the questions with the official opposition. It will be 10 minutes for each party to relay their questions.

With that, I'll turn the meeting over to you to make your presentation.

Ms. Fay Booker: Thank you, Mr. Chair. Good morning to the members of the committee. I would like to begin by saying that I am pleased to be considered for appointment as chair of the Niagara Parks Commission. I believe you've been provided with my CV that provides an outline of my professional background. I would just like to add a little bit to that.

I was born and raised in the rural area of Haldimand county, which is on the shores of Lake Erie and is a neighbouring community to Niagara region. I remember the Niagara Parks Commission from my early days as a child, as that was our main destination of vacation as I was growing up. For a couple of years, when I was articling in the accounting profession, I actually worked and lived in St. Catharines and got to enjoy being part of the Niagara region at that time as well.

After I graduated from university, I did move to Toronto. I did spend a lot of time in Toronto, and that's where a lot of my professional background does come from. But, fortunately, I was able to move closer to the Niagara region a number of years ago and actually now reside in Burlington.

You will see in my CV that my professional background does include a progressive career in the audit and accounting profession, and I was admitted into partnership with the firm of Deloitte. I did wish to extend and expand my horizons, so I moved out of the accounting and auditing profession and moved into the financial services sector and worked as a leader in an internal audit practice for a couple of our major financial institutions.

I then left banking and returned to the accounting profession, but on the consulting side, with a specific focus on the governance area. It was at this time that we saw new regulations being introduced with respect to governance in trying to improve the governance of organizations in North America.

Since 2005, I have actually been leading my own consulting firm, with a specific focus on corporate governance and enterprise risk management.

So I do bring to your consideration 25 years of experience that has covered finance, governance, accountability and enterprise risk management. I've consulted with organizations in various sectors: industry, of course, as well as crown corporations, community and cooperatives. I've worked in facilitating them in finding solutions to maximize their accountability to their stakeholders and their returns.

A few years ago, I decided to actually expand my knowledge base yet again. I was looking for a way to gain a better understanding of governance in government. I did spend some time in finding ways to participate in the political process, so you are aware that I've made donations to political parties. Actually, for four months, I served as the treasurer for the Burlington Federal Liberal Association to see what that involved in terms of accountability.

I currently chair the political action committee for the Burlington Chamber of Commerce, and I also sit as a member of the advisory committee for the councillor for ward 2 in Burlington.

My family, to this day, enjoys the Niagara Parks Commission. We enjoy the many offerings that the Niagara Parks Commission provides to us. The visitors who we have entertained and hosted both locally within the province, across Canada, as well as internationally, have enjoyed their visits to Niagara Falls, with us hosting and enjoying the picnic areas, the historic sites and all that the parks have to offer.

So I would be proud to serve the province as chair of the Niagara Parks Commission. It is a jewel for the citizens of the province, and I would like to contribute to tending that jewel with the degree of respect and integrity it deserves. Thank you, Mr. Chair.

0910

The Chair (Mr. Ernie Hardeman): Thank you very much for your presentation. We will start with Ms. MacLeod.

Ms. Lisa MacLeod: Welcome, Ms. Booker. I know that many people in Niagara region are asking why the McGuinty Liberals chose someone from outside the region for chair of this commission. I would like to know why you think the Liberals believe there's no one capable in Niagara to do this job. Do you agree with them on that?

Ms. Fay Booker: I believe we have great people in this province, and I understand that there has been a focus on looking for competency-based boards and bringing competencies to boards to enable them in doing good governance for the organization. I applied for the position based on what I believe I brought to the government, to the Niagara Parks Commission, to help it as it moves forward. I hope I was considered based on that merit.

Ms. Lisa MacLeod: Your appointment, as you know, has caused a bit of public outcry in Niagara. We have heard not only from the media, but also several people have emailed the official opposition. As you know, our leader, Tim Hudak, is from the Niagara region. I'd like to read an email from a resident in Niagara Falls who asked that I pose this question to you:

"On becoming a member of this board, a commissioner gains access to several 'perks.' The main one that I believe has been of the highest interest to those members new to the commission is free golf. In my opinion, this has led to the appointment of commissioners who are not interested in the operation of the park but only interested in the free golf. Do you believe that having a smoothly operating Niagara Parks Commission under your leadership would be reward enough for your services or that being a commissioner should entitle you to other perks?"

Ms. Fay Booker: It's a great question. I would also like to respond, as well, that I have received a number of emails from residents of Niagara very pleased to have seen my nomination. With respect to "perks," as it's been termed, I think that this is not about perks. In fact, I wasn't quite aware that golf was such a big piece of the area of attention for the Niagara Parks Commission. I know Niagara Parks as the parks, the falls and the historic pieces that they are attending to. That, to me, is the priority.

I do play golf. I am a member of a golf club in Hamilton. That is where my husband and I spend time playing golf. I do not see it being a requirement of being a good commissioner, to be participating in the golf courses as a prime consideration.

Ms. Lisa MacLeod: Still with accountability: The Globe and Mail on December 26, 2009, noted "widespread problems at the parks commission, including undocumented decisions, missing records, breaches of its code of conduct by commissioners and a general lack of transparency." I've got a couple questions for you.

Do you agree with the KPMG recommendation for commissioners to make your expenses public?

According to the KPMG audit, "The effectiveness of the board has been significantly impacted by politics, external influences and style differences." Do you believe this will continue under your watch as a commissioner, given your extensive Liberal ties?

Ms. Fay Booker: The first question being with respect to expenses, I am on record for making expenses publicly available. When I was chair of the hospital board, my expenses, as little as they were, were submitted to the audit committee for review by the audit committee, the auditors and the rest of the board, and would be available to anyone who asked for those.

With respect to my other view on expenses, in fact, I have made recommendations with respect to openness and transparency around expenses. I do believe that is something that should be made open and available, so I do not have a problem at all with submitting that. I understand that the commission has made their board meetings open as of January 2010, so the expenses can be provided as part of that open process.

With respect to the KPMG report, I'm not privy to all the details that KPMG had access to in formulating their view, but, yes, what they reported was with respect to influence and political interests and different style.

I think the different style is an interesting one. I think boards need to spend time working together as a team and learning what it is and how they should provide their governance in the best interest of the organization and the manner in which they can do that in the best interest of the organization. It was unclear to me by "style" whether they mean individual commissioners, but if that is what it is, I think the commissioners need to have a discussion around "How do we effect good governance?" and "What are the behavioural aspects that go along with that?" It's both process and behaviours, so we would need to have a discussion about that and be conducting ourselves in a manner that is appropriate to the commission.

Ms. Lisa MacLeod: Just one final question, and it's with regard to accountability as well.

During the time that you were a partner at Grant Thornton, your company received $50,000 in untendered contracts from the North West and North East LHINs. During your time as a partner at Deloitte and Touche, your company received untendered contracts from the Waterloo and Toronto LHINs, totalling $272,000.

Given your series of contributions to the Liberal Party dating back to 2004, do you not think that this is a bit of a blight in terms of accountability and your new post, given the fact that you're not even from the Niagara region-that people may have a perception that all things are not copacetic?

Ms. Fay Booker: Deloitte would not have received that untendered contract during my tenure because the LHINs were not in existence when I left the firm at Deloitte, so I'm not privy to that. With respect to Grant Thornton receiving untendered contracts, I'm not privy to those either. I left the firm in 2004. I'm not sure when those contracts were given.

I know that in all the work that I have done, I have provided proposals and have gone through a proposal process. It has always been transparent to me.

One of the pillars that we talk about-why I have my own consulting firm is so that I can promote good governance in the way I see it. Transparency and accountability, particularly in the public sector, are key to that.

When you look at accountability and transparency for the Niagara Parks Commission, I think one of the questions that I would have is-when I review the website and look for information on the performance of the Niagara Parks Commission, the most recent information is from 2006. I think there needs to be some review done about providing more current, transparent and timely information.

Ms. Lisa MacLeod: Okay, thanks. Mr. Chair, I do have a request. I have another appointment, and I would like to vote on this. I'm requesting at this point in time, when it goes to concurrence, a deferral until next week.

The Chair (Mr. Ernie Hardeman): Yes.

Mr. Michael A. Brown: Is that in order?

The Chair (Mr. Ernie Hardeman): Yes.

The third party: Mr. Hampton.

Mr. Howard Hampton: I have only a couple of questions. You've applied for a position on this commission, and this commission has some problems. Those problems have been discussed here at Queen's Park. They've been the subject of review and work by the Integrity Commissioner, and God knows they've been in the media. You must have done some preparatory work. What do you think the problem is with the Niagara Parks Commission?

Ms. Fay Booker: I do think there are some challenges that the Niagara Parks Commission faces. There certainly is a question around integrity at the Niagara Parks Commission because of the information that has been available in the public domain about how certain transactions have been handled.

I think it is important to look at the processes to see how the processes are being handled. Are they being handled in the most appropriate way, given that the public is of interest in what the Niagara Parks Commission is contributing to the province? There have been some issues around transactions handling.

I think the other challenge right now, when you look at the financial results, is that there has been a decline in the financial results, and that is another area that needs some review in terms of why there are some negative trends that are apparent there.

I think that one of the important objectives that I would have is to bring integrity back to the Niagara Parks Commission, to look at what the processes are that have been drawn into question and how we go about enacting processes that are appropriate for the scrutiny that should be brought to bear.

Mr. Howard Hampton: One of the issues-and Ms. MacLeod brought this up-that has, I think, dogged not only this organization but other government organizations is this penchant to award untendered contracts or, if not untendered contracts, to seek sole providers to the exclusion of other potential providers. How do you clean that up?

Ms. Fay Booker: I think one of the things to look at, first of all, is what framework has the board established around the policy for doing tendering? Has the commission set a clear-cut policy that the commission will tender contracts, whether those are revenue-generating or procurement contracts? So there should be a clear statement that we are going to tender contracts to gain the best advantage of the use of the funds from the Niagara Parks Commission. Are we truly going to be getting value for money?

0920

Mr. Howard Hampton: So in your mind-and to be fair, this has generated a fair amount of controversy in and around Niagara Falls and the Niagara peninsula-is the government not able to find anybody competent in the Niagara Falls or Niagara region to do this job?

Ms. Fay Booker: The way I look at it, the Niagara Parks Commission is a provincial asset. When you look at the history of the commissioners, there have been commissioners over the years who have not been from Niagara region. I do value the Niagara region, as a citizen of this province; I do value the Niagara Parks Commission, as someone who has benefited from all that Niagara parks offer to us, whether it's a butterfly conservatory, the parks or historic sites. So I'm not sure that I am not qualified. I believe I bring the competencies that are needed. I believe I bring the objectivity that's needed to do the job that the province needs to be done.

Mr. Howard Hampton: My question again: Do you believe there's nobody within the Niagara region who is competent to do this?

Ms. Fay Booker: I believe there was a posting. The position was well-known in the Niagara region, and that it was being posted. There was a process to go through, through the secretariat, which is the process that I went through. Someone from the Niagara region actually approached me to submit my application. So I thought it was quite a compliment that I would be approached by someone from the Niagara region to make sure that I applied, because he believed that I brought the skills and experience that was necessary.

Mr. Howard Hampton: Do you mind if I ask who approached you?

Ms. Fay Booker: It's an individual by the name of Doug Niven. He lives in the Niagara region and works in Burlington. He has seen my expertise and experience and skills on a board where he is a staff member. I'm on the board of that organization. He approached me and said, "You know, based on my observations of your ability, I really believe you should apply for this position that's available at the Niagara Parks Commission." He is a resident of Niagara.

Mr. Howard Hampton: No more questions.

The Chair (Mr. Ernie Hardeman): Thank you very much. Government side: Ms. Carroll.

Ms. M. Aileen Carroll: I'm just a little perplexed myself. From my perspective, I don't know why it would matter where you come from. It's obviously an issue for the third party, but for me, the government is looking for the very best person that they can find. A process was put in place and you were selected. But maybe I don't get it. I'm from Halifax and I'm an Ontario member of provincial Parliament. I'm sure glad that there wasn't a rule against that.

I think your background in governance is very important. Certainly, the matter of free golf has caught the media's attention for years. I don't like golf, so I never thought this was the major issue, but it seems to have indeed gotten a lot of attention.

You have addressed partly-and you may wish to address further-the matter of perks, and I'll leave that to you to do. My one question: Having been involved as well with many boards on the governance side, my issue or concern has been a need for renewal. Therefore, I think it's important in either the jobs we do or the job you may do, which is to address term of office. That was something, quite frankly, that as a minister I felt was important and was very involved in doing. So I would ask you just to enlighten us with your views on that matter.

Ms. Fay Booker: There are a couple of things that we have to take into account with respect to governance. When we look at governance, what we believe is very important is that a board be competent in fulfilling the duty that it has been charged with. What we look for is a combination of process and people. With respect to the people on the board, what we're looking for is skills, experience and diversity, with diversity on three levels: diversity with respect to ethnicity, based on the organization that's being a steward; diversity with respect to geography, to bring views in terms of what might be appropriate elsewhere; and diversity of thinking. Diversity of thinking is enriched when you have and bring together people who come from different walks and different perspectives. That is what will provide the richness of the dialogue around the board table.

You should actually be looking for that different dimension that's being brought, and I believe that having someone who is knowledgeable and who is still understanding and appreciative of what Niagara Parks brings to the province-where the person lives is not the prime determinant; it is more about what they bring in terms of talent.

With respect to tenure, I agree: One of the things that is important is that you balance the continuity of your board members with board renewal. You would not want to see an entire turnover of your board, but you should have a balance of some of the board members turning over while you maintain continuity of some. That provides for effectiveness in your board so that you have some corporate memory in terms of why the board has put certain motions in place or certain policies in place, but at the same time, you bring new thoughts to bear on whether those policies and processes are appropriate going forward.

Your question around perks: I have never been one to take advantage of perks. That's not what I am about. I am here to do as I was raised to do on the farm, which is a good job. You're given a job to do and it's your responsibility to fill that job. It is not about the pastime.

The Chair (Mr. Ernie Hardeman): Ms. Cansfield.

Mrs. Donna H. Cansfield: I just have one question. I think everybody here around the table has acknowledged that there are some challenges with the commission and its process about openness, transparency, accountability and whatever. One of KPMG's suggestions is that there be an annual board evaluation by a third party on accountability, presumably, and transparency. I was curious as to how you might undertake both that annual approach for third party evaluations, but also an internal evaluation around a summative, formative process, whereby you sit down with board members and say, "You haven't been doing your job. It's not working"-because "style difference" has been identified as a real challenge. So you could change processes from here to tomorrow, but unless you deal with that human issue, it's not going-so I'm just curious as to your approach.

Ms. Fay Booker: Yes, and I do go in and do governance reviews as an external assessor.

One of the style differences can be a result of not having an agreed-upon job description. What is the position description of the board first, and is it the job that the organization requires? Because the board is there to serve the organization; the organization is not there to serve the board. Looking at the organization and then looking at the terms of reference for the board, do the terms of reference cover the right expectations of the board?

Then, is there a job description for a director? That's a missing piece that we often see. We're not articulating what the job of a director is. Once you have that job description for a director, you can now hold someone accountable to performing that job. The absence of a job description allows different styles, different thoughts to come in terms of what the job entails. Without a job description, people will create what that is. So what I would look for first is, have we got the appropriate terms of reference for the board; and then, do we have the right job description for a director? Do we have the appropriate job description for the chair of the board? Do we have the right board committees? And do we have the right terms of reference for the board committees-all for the purpose of bringing that accountability and serving the organization.

Mrs. Donna H. Cansfield: Thank you very much.

The Chair (Mr. Ernie Hardeman): That concludes the time for the questions. Thank you very much for coming forward this morning and for enlightening us on your appointment. We wish you well.

Ms. Fay Booker: Thank you, Mr. Chair.

TRANSPARENCY IN PUBLIC

MATTERS ACT, 2010 /

LOI DE 2010 SUR LA TRANSPARENCE

DES QUESTIONS D'INTÉRÊT PUBLIC

Mr. Craitor moved first reading of the following bill:

Bill 25, An Act to require that meetings of provincial and municipal boards, commissions and other public bodies be open to the public / Projet de loi 25, Loi exigeant que les réunions des commissions et conseils provinciaux et municipaux et d'autres organismes publics soient ouvertes au public.

The Speaker (Hon. Steve Peters): Is it the pleasure of the House that the motion carry? Carried.

First reading agreed to.

The Speaker (Hon. Steve Peters): The member for a short statement.

Mr. Kim Craitor: The bill requires designated public bodies to give reasonable notice to the public of their meetings and proposed additions to meeting agendas and to ensure that the meetings are open to the public. A designated public body will be required to keep minutes of its meetings and to publish them.

The bill establishes a procedure whereby a person who believes a designated public body has contravened or is about to contravene the bill may make a complaint to the Information and Privacy Commissioner. The commissioner will be empowered to review the complaint and to undertake a review on his or her own initiative.

The bill sets out the powers the commissioner may exercise in reviewing a suspected contravention, including the powers to enter and inspect premises and to demand production of documents and things relevant to the review, and to require any person to appear before the commissioner to give evidence. The bill authorizes the commissioner to make certain orders after review, including an order that voids a decision made by a designated public body at a meeting that did not conform to the requirements of the bill.

Under this bill, it will be an offence to fail to comply with an order of the commissioner.

Bill 25

Province risks little political fallout with Iggulden's departure

CRAITOR REINTRODUCES TRANSPARENCY BILL

Niagara Falls MPP Kim Craitor reintroduced a private members' bill aimed at shedding light on the operations of public bodies, such as hospital, college and university boards.

The proposed Transparency in Public Matters Act would require designated agencies top give notice to the public about meetings and additions to agendas. It would, if enacted, would increase public access to meetings.

The bill establishes a procedure by which a person who believes a designated public body has contravened or is about to contravene its provisions may make a complaint to the Information and Privacy Commissioner.

It proposes giving the commissioner power to make certain orders after a review, including voiding decisions.

All MPPs are allowed to introduce private members' bills.

Few ever become law, but the bills sometimes prompt the government of the day to adopt similar legislation.

Canadians open bids on Maid of the Mist

Updated: Tuesday, 06 Apr 2010, 5:52 PM EDT
Published : Tuesday, 06 Apr 2010, 5:52 PM EDT

George Richert

Posted by: Eli George

Controversy rocks Maid of the Mist Corp.’s boat

Order to open bidding could impact business on both sides of border

NIAGARA FALLS — Maid of the Mist tours will soon launch for their 125th consecutive summer, but a festering controversy over the attraction’s Canadian and American leases has cast uncertainity over the future of the famous boats.

Could this be the last season for the American family that has owned the company since 1971?

A political firestorm in Ontario over a secretive parks commission process that has given the Glynn family exclusive rights to offer boat tours below the falls has led the government to order open, competitive bidding for the Canadian shore lease for the first time — a move that also could have implications for the family’s New York operation.

Opening the contract in Canada to other bidders has raised questions about the future of the boat tours, including:

•Who else might one day run the boat rides, and how soon could a new company bring in boats and start operating tours?

•If someone else wins the Canadian lease, would the attraction continue to be called the “Maid of the Mist?”

•Could the Maid of the Mist operate exclusively from the American side of the falls, where the steep gorge wall and rocky terrain leave little room for storing boats?

The competition may be one of the toughest challenges the owners of the Maid of the Mist have faced since James V. Glynn bought the company nearly 40 years ago from Frank LeBlond, whose family was among the attraction’s original investors.

“We’re not taking it lightly, and we were surprised to be in this position,” said Christopher M. Glynn, son of James Glynn and Maid of the Mist president. “But nevertheless, that’s the prerogative of the government of Ontario.”

The Maid of the Mist Corp. and its Canadian subsidiary, Maid of the Mist Steamboat Co., own the boats and floating docks used for the operation. The companies also have filed trademarks in the United States and Canada to use the “Maid of the Mist” name on boat tours.

They have managed to maintain their leases with Ontario and New York parks agencies without competition for more than a century with the argument they are the only businesses in a position to operate on both the Canadian and American sides of the Niagara River.

As the Maid of the Mist Steamboat Co. prepares for the 2010 tourist season, it will continue operating in Ontario on a month-to-month lease. Beyond that, little is clear.

Christopher Glynn contends there is a “fallacy of a smooth transition” if a new operator were to win the bidding process. The company, he said, has invested more than $20 million in boats, docks and infrastructure on both sides of the border during the last 20 years.

“If we were not successful,” he said, “we believe there would be an interruption of service that would be substantial, and it’s hard to say how long that would be and whether it would be just on the Canadian side.”

Mysterious meetings

The controversy started two years ago, when an outspoken Ontario oil man raised questions about why the Niagara Parks Commission in Ontario was trying to push through a 25-year lease renewal with the Maid of the Mist without seeking other bids.

It was Bob Gale’s concerns about the Canadian renewal that led to a government review of the Niagara Parks Commission last year. The review faulted the agency for being overly political and shrouded in “mystique.”

Gale’s questions eventually helped throw open the doors to the Niagara Parks Commission, which met in public for the first time earlier this year.

“If somebody had told me I would be where we are today two years ago when this started, I’d be amazed,” said Gale, who quit the Niagara Parks Commission in 2008 to protest the way it handled the Maid of the Mist lease renewal. “Finally, after 100 and some odd years, they have an open meeting at the Niagara Parks Commission. That’s unbelievable.”

Ontario’s minister of tourism ordered the lease for the Maid of the Mist Steamboat Co. in Canada opened to competitive bidding nearly five months ago.

Details of the bidding process have just started to emerge. Among them: a procurement specialist, a naval architect and a “fairness commissioner” have been hired to oversee the process, in part to allay fears that the Maid of the Mist has an inside advantage because of its long relationship with the Parks Commission.

Patricia Mangoff, coordinator for Preserve Our Parks in Ontario, is one of several critics who question whether the bidding process can be fair after the Parks Commission has twice tried to sign a 25-year contract with the Maid of the Mist Steamboat Co. without allowing other companies to submit proposals.

“We don’t care who wins the bids,” Mangoff said, “as long as it’s open, and it’s a fair process, and it’s good for the people.”

Gale has also expressed skepticism that taxpayer interests will be at the heart of any decision regarding the Maid of the Mist’s Ontario lease if the members of the Parks Commission remain the same.

“The New York State citizens and the Ontario citizens have been let down by both governments,” said Gale, who owns a chain of gasoline outlets in Ontario and once counted the Maid of the Mist among his customers.

Limited storage

What happens in Canada could impact Niagara Falls State Park on the New York side, where the Maid of the Mist does 25 percent to 35 percent of its business and reported $12.4 million in gross sales last year.

New York State’s 40-year license with the Maid of the Mist was quietly signed in 2002 with no public notice and no public bidding. It runs until 2043.

The Maid of the Mist’s current fleet of four boats — two that can carry 600 people and two that carry 300 — were either lowered into the gorge or assembled on a plot of flat land on the Canadian side of the Niagara River. The boats are stored on that land during the winter.

There is no similar patch of land on the U.S. side, which is why New York officials have argued that the Maid of the Mist is the only company in a position to offer boat rides from Niagara Falls State Park and that it did not need to seek competitive proposals for the boat tour license.

“The Maid of the Mist can operate from Canada without the [state parks] agency, but we cannot offer the attraction from the American side without the corporation,” Christopher M. Pushkarsh, then a deputy state parks commissioner, wrote in a 2003 letter defending the 40-year concession license to the state comptroller’s office.

Pushkarsh, in the letter, said the Office of Parks, Recreation and Historic Preservation was in a “relatively weak bargaining position” when it renewed the lease and extended its terms until 2043.

He also wrote that if the Maid of the Mist was unable to renew its docking rights on the Canadian side of the river, “the corporation would be unable to perform and would be in default under the termination provisions of our contract.”

That situation, Pushkarsh said, “is extremely unlikely to occur” in light of the Maid of the Mist’s “long operating history.”

Seven years later, that is exactly the possibility the Maid of the Mist faces.

Today, New York State officials won’t speculate on what would happen if the Maid of the Mist loses its Canadian lease.

“At this point, we have a contract and the terms of the contract are being fulfilled, and we will continue working with the Maid of the Mist under the terms that are spelled out in the contract,” said state parks spokeswoman Eileen Larrabee.

The Glynns have hired an engineering firm to explore what is possible on the American shore.

Others aren’t waiting to see what impact the Canadian bid process might have on the Maid of the Mist’s New York license.

Bidders line up

An Atlanta businessman, William M. Windsor, last year sued New York State and the Maid of the Mist Corp. in an attempt to void the state’s 40-year license.

Windsor contends the state erred when it determined that the Maid of the Mist is a “sole-source provider” because of the company’s Ontario lease, and claims that another company could provide equal or better boat service given the opportunity.

He also claims the Maid of the Mist did not have the right to trademark its name — a point the company disputes.

“I have not run a boat business of the type of the Maid of the Mist, but it’s a simple business,” said Windsor, who plans to bid on the Ontario lease. “You get skilled captains and crews to operate the boats and then you do a good job, an excellent job, providing customer service and reservations and ticketing.”

Aside from Windsor, a general manager for Ripley Entertainment, which owns Ripley’s Believe it or Not! in Ontario, complained in 2008 that it has been shut out of bidding on the Ontario contract and has publicly expressed interest in submitting a proposal.

Windsor said that more than 12 companies have signed up to bid on the lease. The Niagara Parks Commission, however, has not released the names or number of potential bidders.

It is also unclear how ticket prices — currently $14.50 (Canadian) for boat tours departing from Ontario — could be impacted.

Albany County Court Judge Joseph C. Teresi dismissed Windsor’s lawsuit March 7, ruling that it was filed years too late. Windsor, who has a tangled legal history with the Maid of the Mist that stems from a 2005 dispute regarding online ticket sales, has filed motions asking the judge to reconsider his decision.

Windsor, who has been called “stubbornly litigious” by a federal judge in Georgia, says he is simply standing up for his rights.

Meanwhile, the boats at the center of the controversy will launch for the tourist season Saturday, and potential bidders recently toured the operations.

Christopher Glynn, who spoke to The Buffalo News prior to signing a non-disclosure agreement as part of the Ontario bidding process, is positive his company will win.

“I think the future is bright for the Maid of the Mist,” he said. “We’ve been here a long time, and I think we’ll be here for a long time to come.”

djgee@buffnews.com

DISNEY ENTERING MAID OF THE MIST FRAY AS CONTRACT COMPETITION GROWS FIERCE: Thirteen companies seeking lucrative Canadian concession

The list of 13 bidders now standing in line to take over the concession to operate sightseeing boats below Niagara Falls from public docks on the Ontario side of the river reads like a who's who of international tourism superstars.

And two independent sources with direct knowledge of the bidding process told the Niagara Falls Reporter last week that Disney Cruise Lines, a subsidiary of one of the richest and most renowned entertainment companies on earth, is the early favorite in a field containing any number of household names.

Three different Disney press spokespeople told the Reporter that company policy forbids discussion of deals that have yet to be consummated, and the Ontario provincial government has refused to provide the names of any of the potential bidders to the public. But Disney representatives will be among those to conduct an inspection of the Canadian dock site next month, the independent sources confirmed.

The Walt Disney Company has based its wide appeal on family-friendly entertainment that has included classic films, television programs, fabulous theme park resorts and, more recently, Disney Cruise Lines, which owns and operates a private Caribbean island and offers destinations from Alaska to the Mexican Riviera and Europe.

Since 1971, the Niagara Falls tour boat concession has been run by the Maid of the Mist Co., a local, privately held corporation founded by James Glynn, who has received a series of secret and highly lucrative no-bid contracts from both the Ontario and New York governments that have allowed him to continue unmolested. Glynn's tour is rather primitive, conducted in older steel boats without air conditioning or heat.

Glynn provides only one tour: a 15-minute, packed-like-sardines standing-room affair during limited daytime hours, which makes a brief run along the American Falls and slightly into the heavy mist of the Horseshoe Falls. Because the Maid of the Mist is "grandfathered" in, Glynn does not have to meet newer Coast Guard standards as to seating capacity. In fact, there are no seats, nor handicapped access to bathrooms. In fact, none of the boats in Glynn's tiny fleet even have bathrooms.

And those wanting an up-close and personal look at the colossal cataracts must wait in line, often for two hours and more, to buy their $14.50 tickets, since Glynn has steadfastly refused to sell ducats over newfangled inventions like the telephone and the computer.

Outrage erupted in the Canadian provincial Parliament following publication of the secret contracts by the Reporter in 2008. Ultimately, the scandal prompted the Ontario minister of tourism to order the Niagara Parks Commission to put the Maid boat-tour lease out to bid.

No such outrage has occurred has occurred on this side of the river, where Glynn and his company routinely pad the pockets of our less-than-honorable political class. Even in New York, no-bid multimillion-dollar contracts have largely gone the way of smoking cigarettes in saloons, but Glynn's peculiar political proficiency has allowed his to remain the exception. The colossal cheesiness of Glynn's operation stands in stark contrast to state-of-the-art boat tours offered elsewhere. If you've ever sailed on board one of the Circle Line cruises around Manhattan, or gone to the Statue of Liberty or Alcatraz Island aboard one of the vessels operated by Hornblower Yachts, the differences are quickly apparent.

The Alcatraz Island cruise, for example, can last anywhere from two to four hours, complete with a gourmet buffet and cash bar. The Hornblower fleet consists of 29 vessels of various sizes, offering accommodations for between 50 and 2,000 guests. Evening dinner cruises and a host of special events cruises on Mother's Day, Easter and other occasions are offered in addition to the standard transport fare.

The three-hour Circle Line tours of Manhattan are likewise far more appealing than what is offered here, and include a catering menu, beverage service and amenities other than blue plastic rain ponchos made to resemble garbage bags. The Hornblower and Circle Line offerings are of interest, because both companies are also on the list of bidders for the Ontario concession, which also includes the largest hospitality cruise company in Canada, Mariposa Cruises, and Ripley Entertainment, the world-famous company owned by Canadian billionaire Jim Pattison, who owns 31 radio and TV stations in Canada.

Ripley's has had a rich presence in Niagara Falls, Ont., since the early 1960s and recently constructed the $130 million Great Wolf Lodge. Internationally, the company owns the Ripley's Believe It or Not museums, various aquariums, Haunted Adventures, mini-golf and arcades, movie theaters, sight-seeing trains, Louis Tussaud's Wax Works, and the worldwide rights to the Guinness Book of Records.

Also among the 13 bidders, William M. Windsor of Atlanta deserves honorable mention. A former top executive for a Goldman Sachs company, and a project developer, Windsor has launched more than 50 companies. More significantly, Windsor has done immense service to the people of Ontario by repeatedly exposing evidence of what appears to be shady dealings between the Canadians and Glynn, and making it public. He has also spent tens of thousands of his own money pursuing lawsuits challenging the process that led to Glynn getting monopoly rights to the public docks. But for Windsor, it is possible that none of the other bidders would be here today.

The likelihood of Glynn losing his Ontario lease may have a tremendous impact on this side of the river as well, since the fact he had the Canadian concession was central to the state Parks Commission decision to award him an unprecedented 40-year pact in 2002. Angela Berti, spokeswoman for Niagara Falls State Park, told the Buffalo News in 2008 that "no bids were taken and no public hearing was held because the Canadian agreement gives the company exclusive access to the river below the falls, making it a 'sole source' provider."

That excuse, as poor as it was at the time, becomes absolutely meaningless in the face of competitive bidding by the Canadians.

Certainly, should a company with the glitz and glamour of Disney, Ripley's, Circle Line or Hornblower win the bid, it will provide yet another reason for millions of tourists from around the world to skip New York and head straight into Canada when visiting the falls.

Why would anyone stand in line for two hours for a 15-minute ride aboard a tawdry and antiquated tour boat when, only a few hundred yards across the river, they could enjoy the world-class attraction from reserved seats purchased online or over the phone before they even left home?

In head-to-head competition with an actual hospitality cruise line, Glynn's tacky attraction will wind up catering to the bleacher bums of the tourism world from his American base. Niagara Falls, Canada, will become even more attractive, while its New York counterpart will remain desperately clinging to a past that fewer and fewer people can even remember.

Committee to review Liberals' Parks nominee

PARKS COMMISSION

NPC holds speakers to 5 minutes

Parks commission holds public speakers to five minutes

Citizens groups questions time limit for presentations

Niagara Parks Commission: What's on tap for Friday meeting

Accountability group names Gale to board

AN INVESTIGATION INTO GLYNN'S N.Y. MAID LEASE IS WARRANTED

As readers know, James Glynn pays no rent for his Maid of the Mist boat tours in the Niagara Falls State Park.

He makes millions and pays nothing.

In fact the taxpayers pay him.

Meanwhile, ironically, the New York's State parks system, with its 213 parks and historic sites, is facing funding cuts that will likely result in the first budget-related closures in its 125-year history.

That's funny, too, since the N.Y. Parks announced they are staging a series of events "celebrating" their 125 years of operation.

A tepid celebration one suspects is in the offing since 41 parks and 14 historic sites are expected to close.

Last month N.Y. Parks officials said the Niagara Falls State Park might be among the parks that close.

This, if nothing else, brought to light the curious anomaly that the highest taxed state in the USA cannot afford its parks.

But saying Niagara Falls might close was only meant to scare the public. To bring attention to the plight of parks.

With a $9 billion statewide deficit -- there has to be cuts somewhere.

N.Y. parks were ordered to cut $20 million from their $155 million budget.

Besides the closure of less-used parks such as the Joseph Davis State Park, many parks will reduce programs and hours of operations. Statewide, parks will operate with 1,100 fewer people.

But a greater question arises from these events: Is corruption endemic in N.Y. parks like it is in Albany?

Consider: The entire N.Y. park system generated only $85 million in revenue last year through user fees, admissions, concession contracts, leases and other sources, accounting for 50 percent of its budget.

The Niagara Parks Commission (NPC) in Ontario -- with only 4,200 acres, 1/80th of the size of NY Parks, and which operates only around Niagara Falls -- produced nearly the same revenue, $80 million.

Their parks pay for themselves -- relieving taxpayers of the burden of paying for their parks.

Unlike N.Y. Parks, the NPC charges businessmen who profit from their parks. Take, for example -- Glynn.

He has the same attraction, the same kind of boats. The same tour in Ontario that he has in New York.

In Canada, Glynn pays millions.

In New York, we pay him.

A copy of the formerly secret 2002 lease between N.Y. Parks and the Maid of the Mist Corp. (http://www.niagarafallsreporter.com/2002lease.pdf) reveals that Glynn pays 4 percent of sales on his boat tours -- far less than the 15 percent he pays in Ontario.

But how's this for a sweetener? N.Y. Park officials secretly added to the deal that Glynn keeps 75 percent of the annual $1.6 million from admission fees to the state-owned Observation Deck.

In 2009, Glynn grossed $6.5 million in boat tours. He paid $258,311 in rent. The state grossed $1.6 million in Observation Deck fees but gave Glynn $1,154,000 for simply collecting the money, which quadruple offset his rent. As a result, N.Y. state paid Glynn $896,000.

Plus he kept all the profits from his boat tours.

If the rental rate for his N.Y. boat tour was the same as in Ontario, Glynn would pay around $1 million annually to New York. If N.Y. Parks resumed operation of the Observation Deck, it would mean an additional $1.1 million. N.Y. Parks would be $2.1 million ahead.

That would cure 10 percent of the whole state-wide park budget shortfall.

Presently, William Windsor of Atlanta is suing Albany for the right to offer boat tours in New York. Windsor's case devolves around the probability that Glynn and N.Y. Parks officials committed fraud. Last week, his case was dismissed in State Supreme Court on a technicality. It seems headed for the Appellate division.

For the sake of disclosure, we have reported many of Windsor's findings of alleged fraud concerning Glynn in the past. Windsor in turn has used discoveries in the Reporter's investigative series and, additionally, an affidavit from this writer in support of his lawsuit. Glynn's N.Y. lease does, clearly, seem to have been obtained illegally.

Section 163 of the N.Y. State Finance Law requires competitive bidding on all leases of public lands unless there is an absolute reason why no one else could provide the service. Yet Glynn got a 40-year lease -- negotiated in secret -- without competitive bidding.

N.Y. Parks officials were asked why.

Angela Berti, spokeswoman for Niagara Falls State Park, told The Buffalo News that "no bids were taken because the Canadian agreement gives (Glynn) exclusive access to the river below the falls, making (him) a 'sole source' provider."

Harold H. Hagemann Jr., N.Y. Parks director of concessions, concurred: "The Niagara Parks Commission contract with the Canadian operator of the Maid of the Mist boat ride (Glynn) gives (Glynn) control of the basin in which the tour boats operate."

Strange answers.

Canada cannot grant control of the Niagara River. By treaty, America and Canada share the waters.

Was there some clause in Glynn's Canadian lease that bargained away N.Y.'s "riparian" or river rights?

More strangely: Both Berti and Hagemann were referring to the wrong Canadian lease.

In response to Freedom of Information (FOI) requests, N.Y. Parks disclosed, albeit inadvertently, that they had the wrong Canadian lease when they determined Glynn qualified for sole source status.

The wrong lease was sent to N.Y. Parks by an NPC employee from Ontario by the name of Robert Brooker. Brooker, now retired, was in charge of the NPC finance department. He reported directly to Glynn-ally Archie Katzman, the disgraced, former NPC chairman who was caught red-handed trying to secretly lower Glynn's rent in Ontario while excluding other companies from paying more.

Katzman's action, exposed by the Reporter, caused the Ontario government to order the boat tour lease out to bid. Canadians now expect to get more than a mere 15 percent for their boat tour lease.

But why did Brooker send the wrong lease?

Here are the facts: In 1982, Glynn signed a 25-year lease with the NPC for his Canadian boat tours at 12 percent rent. In 1989 -- seven years into the 25-year lease -- the 1982 lease was voided. A new lease was signed. The rent was raised to 15 percent and Glynn got various concessions from the NPC. The 1989 lease expired in 2009.

On paper, however, the voided 1982 Ontario lease would appear to be in effect in 2002 when Glynn's N.Y. lease was renewed -- if no one knew about the 1989 lease.

Glynn and the people he was dealing with from N.Y. Parks needed to show the N.Y. State Comptroller that no one else could operate boat tours in New York.

And Brooker, from Ontario, sent the wrong lease.

But why? The voided 1982 lease had verbiage in it that might give the impression Glynn had rights to control the water below the falls.

In the voided 1982 Canadian lease a clause refers to Glynn having the "right to use" that "portion of the Niagara River known as the Maid of the Mist pool." The 1982 lease could be construed to mean that Glynn had the exclusive "right to use" the "Maid of the Mist pool."

The valid 1989 lease has different language. It refers to these same waters, where boat tours are conducted, as "the lower Niagara pool" and makes no mention of water rights whatsoever.

Glynn, Brooker and Katzman must have known that New York had no means to independently verify leases since the NPC keeps all their contracts secret.

Was this really an attempt to deceive the N.Y. State Comptroller?

N.Y. Parks' Berti and Hagemann either feigned or had real ignorance of riparian rights in their own parks.

It does not explain, however, N.Y.'s decision to give Glynn a no-bid lease for 40 years.

N.Y. State Finance Law, Article XI, Paragraph 10.b.(ii) says, "Sole Source Procurement ... shall be limited to the minimum period of time necessary to 'ameliorate' (i.e improve/resolve) the problem that restricted the contract to (bidding by) only one company."

Even if N.Y. Parks' officials ignorantly believed Canada "controls" the waters, the N.Y. lease should have run only until 2007 when the presumptive Canadian lease expired -- not 35 years beyond.

After the Reporter exposed to the public the shady details of the Glynn N.Y. lease, Hagemann, defending the preposterous notion of giving Glynn the exclusive use of public assets rent free for 40 years, claimed N.Y. Parks "verified" with the NPC its "intent to renegotiate the Maid of the Mist contract on the Canadian side."

An FOI request revealed this was true, but at the same time -- factually, utterly false.

Prior to approving Glynn's lease in 2002, J. Dennis Hanrahan of N.Y. Parks wrote to Douglas Boettner of the N.Y. State Comptroller's office that N.Y. Parks officials spoke with the NPC's Brooker, who advised N.Y. Parks that the NPC "will be renegotiating their agreement with Maid of the Mist Corporation rather than bidding it when it expires in 2007."

Park officials then presented two falsehoods to the Comptroller: that Canada controls the waters, and that the NPC was going to renew Glynn's lease.

A gullible Comptroller's office accepted this report and Glynn got a 40-year no-bid, rent-free lease.

If the Comptroller's office had made a simple study of the NPC by-laws, it would have realized that neither Brooker -- a mere bookkeeper -- nor anyone else could guarantee that Glynn would get his lease renegotiated when the lease expired.

Even if all 12 NPC commissioners said they were going to renew Glynn's Canadian lease their authority for such a statement is nil.

NPC Commissioners are appointed to three-year terms. Between 2002 and 2007, nine of 12 Commissioners terms expired and were replaced.

Whatever NPC commissioners "intended" in 2002 was meaningless by 2007 when 75 percent of the decision-makers were new.

And factually what Brooker said about NPC's "intent" to renegotiate was false. The Canadian lease is going out to bid this year and by all accounts Glynn is likely to lose the lease.

Maids enjoy favourable reputation

n POLL: Company hires pollster as parks commission prepares bidding process

Craitor should be 'starting over' on transparency

n COLUMN

The following is from http://www.ccac-ont.ca/Content.aspx?EnterpriseID=4&LanguageID=1&MenuID=14

Fay Booker

New boss of parks commission donated to Liberals

March 11, 2010

Liberals nominate auditor to head Niagara Parks

The provincial government hopes that after months of controversy consultant can calm roiling waters

Bruised by months of controversy around the Niagara Parks Commission's management of the country's top tourist attraction, Ontario has tapped an expert in governance, auditing and accounting to steer the battered agency into calmer waters.

Fay Booker, a Burlington-based consultant and former partner with Deloitte & Touche and Grant Thornton LLP, has been named by the province as its nominee to chair the parks commission. If confirmed by the standing committee on government agencies and cabinet, Ms. Booker will replace Jim Williams, a former federal bureaucrat who resigned after a falling-out with Queen's Park last year.

Mr. Williams left after Monique Smith, the former tourism minister, vetoed the commission's decision to quietly grant an untendered new 25-year lease to the Maid of the Mist tour boat operation, despite interest from competing companies to run the lucrative attraction. The outcry forced Ms. Smith, since replaced as minister by Michael Chan, to order a full public tendering process for the tours to be conducted this year.

The controversy also prompted provincial audits of business practices and governance at the 125-year-old parks commission. The body is a self-funding, $80-million-a-year, 300-worker agency entrusted with the care of public parkland at Niagara Falls. The audits, initially kept secret but obtained and published by The Globe and Mail, found numerous problems, including questionable decision-making and an "old boys' club" image around its board of 10 to 12 provincial appointees.

Archie Katzman, a veteran political bagman from St. Catharines and a commissioner since 1971, has served as interim chair since Mr. Williams's departure in December.

A Globe investigation found that Mr. Katzman accepted an interest-free mortgage of $208,450 from a friend, Donald Ward, who went on to win multimillion-dollar building contracts from the commission.

Mr. Katzman's sons have also done business with the agency. Mr. Katzman has denied any wrongdoing.

Mr. Chan, the Tourism Minister, was effusive in his praise of Ms. Booker. "I welcome Ms. Booker's nomination - she brings invaluable experience in governance, accounting and auditing.

The chair of the Niagara Parks Commission plays an important role for tourism in Niagara and across the province.

"I am confident that Ms. Booker's experience will contribute significantly to the Niagara Parks Commission and its responsibility to further strengthen tourism in the region."

Ms. Booker, who has also held senior positions with CIBC and National Trust, has consulted extensively on governance in the public, private and not-for-profit sectors, and as an auditor, helped the City of Hamilton set its finances straight in 2003.

New chairwoman at parks

APPOINTMENT: Queen's Park picks outsider

Queen's Park committee to review parks commission chairwoman's nomination

Standing committee has power to question people named to government agencies

NPC chair UPDATE

A Burlington chartered accountant is poised to become the next Chair of the Niagara Parks Commission.

If approved at Queens Park - Fay Booker would replace Jim Williams who resigned abruptly last December in a dispute with the Province's former Tourism Minister Monique Smith.

Booker would be taking over the helm at the NPC at a time when it is under intense scrutiny over its governance.

The nomination still has to be reviewed by the Standing Committee on Government Agencies, and approved by the Lieutenant-Governor in Council.
As Chair of the Niagara Parks Commission, Booker would lead the overall direction of the government agency for preserving and enhancing the natural beauty of Niagara Falls and the Niagara River corridor, while maintaining financial independence.

New Chair Of Niagara Parks Commission Nominated

MAID SUIT: Boat company critic Windsor asks judge to recuse himself

Maid of the Mist Corp. critic William Windsor is striking back against a federal judge who earlier this month dismissed his motions in a case where he is alleging fraud upon the court.

Windsor, the Atlanta businessman whose son’s company has been involved in a lengthy court battle with Maid of the Mist, has filed an amended complaint asking Judge Richard Leon from the U.S. District Court in Washington to withdraw from a related case for having made “significant errors of law and fact” in his recent ruling on the soundness of another federal judge’s decision.

Windsor’s latest court filing characterizes Leon’s legal position as “erroneous” and asks an order he issued earlier this month be dismissed and his opinion be vacated.

“I amended the complaint as per the judge’s specifications and we are off to the races again,” Windsor said.

Maid of the Mist sued Alcatraz Media, a firm owned by Windsor’s son, several years ago in an effort to block the Atlanta-based company from selling vouchers to boat tours in the Falls. Judge Orinda Evans, chief U.S. District Judge in Georgia, presided over the case and ultimately sided with Maid’s position on all counts. Windsor later charged in court filings that Evans based her decision on fraudulent claims made by Maid of the Mist officials. He also filed professional misconduct complaints against Evans, contending that she withheld evidence in the case.

Earlier this month, Leon determined in a ruling of his own that Evans reviewed all 62 motions filed by Windsor with “great care” and Windsor’s claims against her have no standing because she is covered by judicial immunity. Evans also dismissed complaints against Maid of the Mist, determining that Windsor did not follow proper filing procedures.

Windsor has now amended his complaint in an effort to address Leon’s concerns. In his latest filings, Windsor suggests Leon erred in his handling of the case and did not fully investigate concerns that were raised about Evans’ conduct behind the bench.

“Windsor does not believe Judge Leon made these errors innocently,” a portion of the amended complaint reads. “It is Windsor’s belief that Judge Leon’s actions have been due to his personal prejudice for fellow judges and his personal bias against anyone who would have the audacity to sue a federal judge.”

The amended complaint suggests that Evans and other federal court judges have conspired to perpetrate fraud and have denied him as an aggrieved citizen the ability to have his concerns addressed by impartial parties.

Windsor has insisted that Maid officials won their argument in the voucher case based on “lies, false sworn pleadings, false pleadings, and discovery abuse.” Windsor also believes Maid of the Mist sued his son’s company in response to inquiries he made to the Niagara Parks Commission.

In his decision, Leon noted the Georgia court’s findings that Windsor engaged in “extreme litigiousness.” In his own decision, Leon characterized Windsor as a “serial filer” and suggested that his attempt to sue Maid officials in his court might be in violation of the court order issued by Evans on Dec. 22. As a result, Leon referred the case to the Northern District of Georgia to allow Evans to consider whether Windsor is in contempt of her order.

Windsor counters that Leon arrived at the conclusion that he was a “serial filer” based on a “preconceived bias” that came from information from outside the case. Windsor says in his amended complaint that the “slur” used by Leon was not based on any witness testimony or facts, but rather based solely on orders issued by Evans.

“Judge Leon’s actions prove that he has exercised his power for his own personal purposes rather than the will of the law,” Windsor’s complaint reads.

Windsor has vowed to challenge Evans’ ruling all the way to the Supreme Court if necessary. His latest filing calls upon members of Congress and other federal officials to investigate the situation.

“It should be federal policy that judges and government officials who break the law should lose any and all protection,” his complaint reads.

ABSENT GLYNN-BIAS, COMPETITIVE BIDDING MAY MAKE MAID OF THE MIST TOURS BETTER IN CANADA

Stand on guard.

Oh Canada.

For somehow they always seem to negotiate a sweetheart deal with an American businessman, James V. Glynn.

For decades, the Ontario-controlled Niagara Parks Commission (NPC) has leased the public's boat docks in the lower Niagara just below the falls at a cheaper price than what the public should get.

They have done it for Glynn.

Visitors from around the world are deprived so that the favored Glynn gets the boating monopoly on the lower river from the falls to the Whirlpool Rapids.

While the quid pro quo for this favored status is not yet known, it is a fact that Glynn pays about $4 million less per year than what other companies have offered after learning of the secret terms of his low-rent lease when they were exposed for the first time by the Niagara Falls Reporter.

Other entertainment and boat tour companies will now get a chance to bid because the Ontario government has ordered the NPC to put Glynn's boat tour lease out to bid.

It may mean big financial gains for the NPC.

According to sources in the boat tour industry, Glynn's rent, which is presently 15 percent of gross sales, should be more than double that.

On top of that, the total number of tours sold each year may wind up much higher than the 1.8 million tours Glynn reports.

While Glynn's numbers may be accurate, insiders say he may max out at 1.8 million riders, since he operates only during limited hours with only two boats.

Glynn pays about $3 million in rent.

Doubling the rent to a more competitive 30 percent, and presuming the same number of riders, would add $3 million to the NPC coffers. That would cure 75 percent of the parks system's annual $4 million deficit.

Upping the number of riders to 2.5 million -- which insiders suggest is a probable minimum if there were more boats and longer hours -- would bring in another $2 million, which would bring the NPC out of the red and into the black.

Strangely, NPC officials, such as NPC Chairman Archie Katzman, have made it obvious they would prefer to see Glynn keep his low-rent lease rather than see another company pay millions more.

No one has done more for Glynn than Katzman.

Two years ago, Katzman failed to tell most of the NPC commissioners that there were other bidders willing to pay more than Glynn. Katzman also led the charge to secretly reduce Glynn's rent by more than $1 million per year. It was going to drop from 15 percent to a sliding scale going down to 5.5 percent, while the NPC was (and is) losing millions and had to lay off a third of its workforce.

One-time Glynn ally Jim Williams, the former NPC chairman who resigned in January, said the Glynn-biased bidding process the NPC is conducting does not pass the smell test.

Before he resigned, he asked then-minister of tourism Monique Smith to take the boat tour bid decision away from the NPC and give it to an impartial panel. Smith refused. Williams quit.

A week or so later, Smith herself was transferred and became minister of intergovernmental affairs. New Tourism Minister Michael Chan knows little or nothing of Niagara Falls or the Glynn dealings.

With the boat tour bidding process ordered by Smith to be accomplished by June, Chan can claim plausible deniability, leaving it all to Katzman and the NPC to conduct what he "assumes" will be a "fair" process, saying that was Smith's plan, after all.

These clever ladies and gents even appointed -- in what is perhaps an Orwellian twist -- a "fairness commissioner," one Howard Grant, who apparently is not allowed to talk to the press and has virtually no authority.

Besides Katzman's overt pronouncements and back-door dealings, NPC General Manager John Kernahan said on CKTB radio that Glynn is the right choice. And NPC commissioner Vince Kerrio, suddenly emerging as a Glynn cheerleader, campaigned to have Bill Windsor of Atlanta -- Glynn's fiercest competitor and critic -- disqualified.

Meanwhile, one of the main points being overlooked in all this is that if the NPC designs the Request For Proposals to merely replicate Glynn's present boat tour, it will not only give Glynn an edge, but there will be little chance at improving Glynn's mediocre and self-serving tours.

Glynn provides the public with only one type of tour -- a standing-only, 15-minute tour alongside the American Falls and slightly into the mist of the Horseshoe Falls.

Glynn's "fleet," consisting of two 600-capacity boats, does not have seats, handicap access or bathrooms.

From the middle of the boats, where most passengers stand, if any of them happen to be shorter than six-foot-four they will see very little of the shoreline and can only look up and see a portion of the falls. Their main view is the back of someone's head.

Smaller boats with seats would give tourists a better view and a more elegant ride.

Additionally, Glynn operates only open-deck boats. Tourists, provided with flimsy, disposable raincoats, get soaked by the mist when they approach the Horseshoe Falls. In May and October, many tourists choose not to take the drenching ride.

At least one enclosed boat would enhance the Niagara Falls experience, increase bottom-line revenues for the NPC and extend the season.

Also, unlike most boat tour operators, Glynn takes no reservations. Tourists wait in line for a 15-minute boat ride, sometimes for hours.

Potential bidder Bill Windsor explained that people in town for a limited time should not have to waste precious time in a long line.

Windsor said, "The fact that (through our planned reservation system) we will eliminate waiting in line for hours should receive a standing ovation from every merchant in Niagara Falls."

For nearly 40 years, Glynn has had a monopoly on boating in the lower river from the falls to the beginning of the Whirlpool Rapids -- about three miles of river. But Glynn only takes tourists on about a half-mile journey, going south from the docks to the nearby falls and back, ignoring the two-and-a-half miles of navigable water north of his docks.

An hour-long, downriver tour, heading true north, as the lordly river flows, traversing beneath shining skies the whole three miles of navigable river, is possible. Under the Rainbow Bridge, along the gorge, in deep, safe navigable waters, along the shore, some of the oldest botanicals in the northeast can be seen, along with some of the best examples of the geological history of the world -- 425 million years of layered bedrock on the steep sides of the gorge.

Heading true north, under a canopy of ancient red oaks, hemlock and 800-year-old dwarf cedars, one sees a startling and changing view of the Niagara as it goes from deep, slow water to the shallow, fierce Whirlpool Rapids, and then to the deep, swirling whirlpool itself -- the largest in the world -- beyond where the Maid of the Mist boats could travel.

Additionally, along the gorge are hiking trails. These trails wind at the bottom of the gorge, allowing tourists to walk along the lower river where giant pines and maples grow. These wide, easy-to-walk trails are largely unused because they are hard to access at the bottom of the gorge. With the simple construction of floating docks, tourists could have the option of being dropped off at the trail's head and could walk along the Whirlpool Rapids and back and catch another Maid of the Mist boat back later. The lower river exploration tour could reap millions for the NPC and enhance the tourist's broad domain of experiences.

Under Glynn's monopolistic control, however, not only is walking these trails out of the question, but there isn't even a boat ride that explores any of the beautiful lower river north of his docks.

Another concept wholly ignored is night tours. Glynn claims the lowering of the river by the water's diversion into turbines at night for hydroelectric generation makes it impossible to launch boats at night. The water is lowered, of course, but the change in water elevation is not more than changes at high and low tides in the ocean. The lower Niagara is more than 150 feet deep where Glynn docks after nighttime water diversion. Night tours with proper lighting and an experienced captain would not only enhance NPC revenues but encourage overnight hotel stays. Imagine the beauty and sublimity of a tour by the illuminated falls and then, under moonlight, along the winding, lordly river, below the gorge, beneath bending skies, on a soft, warm summer night.

But Glynn prefers to close early.

Part of the reason Glynn does not want to stay open later -- when crowds thin -- is that he might not be able to fill his 600-capacity boats and doesn't want a "skinny" tour. Still, why shouldn't 100 tourists, or even 50, get a chance to see the lower river at 7 p.m. in September?

If the monopoly weren't so lucrative for Glynn -- with his low rent and low costs, with his literally tens of millions of revenue coming in during a two-and-a-half month peak season -- he or any normal boat tour operator would be glad to take 50 paying customers on a boat tour almost anytime.

Glynn has gotten used to taking only the fat of the land. What we have is a kind of primitive boat service born of monopoly, with new ideas easily discarded.

As potential bidder Tim Parker of Ripley Entertainment said, "In this day and age, to be able to get to the bottom of the falls and actually feel the presence and the thunder and the roar is an absolute attraction in itself. But how do you deliver the thrill? Do I think delivering that in a 15-minute ride, on a 15-year-old steel boat is the proper way to deliver it? In this day and age, we have come a long way in attractions, and the way we deliver services to guests. Can it be delivered better? Of course."

This concept -- which would bring Niagara Falls boat tours into the modern age -- should be reflected in the NPC's request for proposals.

Americans a tough crowd to draw

n TOURISM: Number of visits by Americans plummet

NIAGARA FALLS: Maid’s legal claim sunk

An Atlanta businessman with eyes on tour boat operations at the base of Niagara Falls has lost a legal battle in U.S. District Court in Washington, D.C.

In a decision rendered earlier this month, U.S. District Judge Richard Leon denied motions filed by businessman William Windsor in a case involving the owners of the Maid of the Mist Corp.

Windsor, who has raised serious questions about the procedures for granting leasing rights to Maid operations on both sides of the border, had asked the federal court in Washington to review the findings of another federal judge in a dispute involving his son’s company and its ability to sell vouchers for tickets to Maid of the Mist boat rides in the Falls.

Windsor requested a second opinion in the case on the basis that the judge who oversaw the previous proceedings denied his son’s company the opportunity to a fair trial. Windsor filed a complaint in U.S. District Court in Georgia, accusing Chief Judge Orinda Evans of professional misconduct and withholding evidence in the case. He also has insisted that Maid officials won their argument based on “lies, false sworn pleadings, false pleadings, and discovery abuse.”

In his Feb. 14 ruling, Leon dismissed Windsor’s motion for a temporary restraining order and preliminary injunction. He determined that Evans addressed all 62 motions filed by Windsor in the Georgia proceeding with “great care” and ruled that Windsor’s claims against her have no standing because she is covered by judicial immunity that renders her “immune from suit on all official judicial acts.” Leon also determined that Windsor failed to follow appropriate procedures in filing his complaints against Maid officials.

“Rather than filing a short and plain statement of his claims against these defendants, plaintiff has submitted a 505-page complaint which utterly fails to give defendants fair notice of what his claims are and the grounds upon which they rest,” Leon wrote in his ruling.

Evans sided with Maid on nearly all counts in the original dispute over the vouchers and issued a permanent injunction against Windsor and his son’s company, Alcatraz Media. As part of a decision issued in December, Evans barred Windsor from filing any additional claims, characterizing the plaintiffs’ behavior as “clearly stubbornly litigious.” An Appeals Court dismissed all counterclaims filed by Windsor as “meritless.”

Leon noted the Georgia court’s findings that Windsor engaged in “extreme litigiousness” and in his own decision characterized Windsor as a “serial filer.” In his ruling, Leon suggests that Windsor’s attempt to sue Maid officials in his court might be in violation of the court order issued by Evans on Dec. 22. As a result, Leon referred the case to the Northern District of Georgia to allow Evans to consider whether Windsor is in contempt of her order.

Windsor has vowed to fight Evans’ ruling all the way to the Supreme Court if necessary, maintaining that she was a biased judge who based her decision on inadequate information and fraudulent statements from Maid officials.

In an email sent to the Gazette on Thursday, Windsor said he will appeal Leon’s decision. He also insisted that he’s being victimized by a corrupt judicial system and said he will continue to fight for the justice he believes he deserves.

“I just pray that the Supreme Court will do something,” Windsor said. ”My lawsuit is really an indictment of the Injustice in the U.S. judicial system. The idea that a group of people in Niagara Falls can completely make up the claims in a lawsuit and then lie repeatedly and get a judge to go along with them is simply amazing to me.”

Windsor dismissed Leon’s claim that Evans enjoys judicial immunity. He also said Leon’s description of him as a “serial filer” was made without the judge realizing that Evans ignored 28 motions he filed in an attempt to get a hearing or a conference in her court. He characterized his so-called “serial” filing as a product of his efforts to get Evans to “do something — anything” on his behalf.

“She has never considered any of the facts about anything,” Windsor said. “It’s a very strange and frightening situation.”

Windsor has suggested that Maid of the Mist sued his son’s company in response to inquiries Windsor made to the Niagara Parks Commission. His questioning of the handling of Maid’s deal with the Canadian government generated enough interest to persuade Canadian Tourism Minister Monique Smith to order the Niagara Parks Commission to solicit competitive bids from private companies that may be interested in leasing the public land where Maid of the Mist maintains its fleet.

On the American side, Windsor is continuing to challenge Maid’s 40-year, no-bid contract with New York State Parks. He has filed a lawsuit against state parks, the Office of the state Comptroller, the attorney general, Gov. David Paterson, former state parks commissioner Ed Rutkowski and Maid of the Mist officials in an attempt to void the state’s boat service license with the company.

In the past, Windsor has accused top Maid executives of committing several hundred counts of perjury and conspiracy to commit fraud. His legal filings in the voucher case target Maid President Christopher Glynn, vice president of marketing, Timothy P. Ruddy and Controller, Robert J. Schul, alleging that they made false statements to the court. Windsor asserted that 46 of the 50 paragraphs in the original lawsuit were false or incorrect. Of those, he maintained that 44 paragraphs have been proven false by the subsequent testimony of Glynn, Ruddy, Schul, or through other documents.

“Everything that I submit to any court is sworn under penalty of perjury and signed under oath before a notary,” Windsor said. “I will take a polygraph test anywhere any time.”

Parks Commission lays out open meeting rules

Guidelines on how future meetings will be conducted was the first issue brought to the table at the Niagara Parks Commission (NPC) second open meeting.

Chair Archie Katz remarked to the guests that he was pleased to see such a great turnout once again.

Parks corporate services director Bob McIlveen spoke in details about the guidelines saying, meetings from now on will be held in open session and are open to the public. In camera sessions will be held at the end of the public segment of each regular meeting of the commission; members of the public and media will be excused from the in camera portion of the meeting.

McIlveen added all notices and designated special meeting of the commission will be posted on the NPC website at least two days before the meeting.

McIlveen made it clear that members of the public and media attending the open meetings can observe but will not be invited to participate in the meeting discussions.

Margaret Dunn from Preserve our Parks said she wrote a letter to the NPC requesting to speak, but said her letter was too late and that it would be looked into for the following meeting,
McIlveen did say that any persons or organizations wishing to address the commission during the open portion of an upcoming portion of the open meetings must submit written notice of the request to the chair,

“The written request must be received at least 10 days before the date and time of the regular commission meeting,” he said.

Dunn said her letter was primarily asking the NPC “to truly make themselves open and transparent by giving out their email, but so far that has not happened,” she said.

McIlveen added that media may report on the commission meetings but no photographic, television and taping equipment will be permitted.

“Any improper conduct may exclude members of the public from the open meetings,” said McIlveen.

Approved minutes of commission meetings held in open session will be posted  on the commissions’s website, MPP Kim Craitor, who attended the meeting, said it has taken more than 100 years for the NPC to open its meetings.

“Baby steps are better than no steps,” Craitor said.

Tough road ahead for NPC

For the Niagara Parks Commission (NPC) the economic overview for 2010 is nothing but grim.

“If you thought I was going to bring good news you’re out of luck,” said Joel Noden executive director of revenue operations and business development.

Noden who made a presentation at the Niagara Parks’ second open meeting on Friday, Feb 19 began his talk by saying the world wide economy continues to falter.

Noden continued by saying the Ministry of Finance projects the provincial deficit at $24.7 billion, $10 billion higher than the forecast in March 2009.

Noden suggested some of the reasons for the tough road ahead lies with lack of U.S. customers who traditionally spend more than Canadian visitors.

He also added that the Canadian dollar is forecasted to rise another eight per cent, meaning less incentive for U.S. visitors.

Another major impact Noden cites is the launch of the mandatory passport initiative on June 1 impacting U.S. border crossings.

Some of the environmental impacts which impacted overall vistation and which were beyond NPC’s control were the H1N1 influenza pandemic, the coolest wettest summer conditions since 1992, rising fuel prices, a garbage strike in Toronto, the perception of continuing border crossing customer and traffic delays, visa requirements (Mexico) and approved destination status (China) pending.

Noden said that things aren’t looking any better on the international front with visitation down 14 percent.

“Althought these markets traditionally represent only 14 percent of total NPC visitation, they generate 38 percent of all retail and 39 percent of all food revenues,” he said.

Visitors from within Canada now represent 61 percent of total, however said Noden, these customers generalt less revenue than both U.S. or international customers.

“When people from Ontario come to visit the parks they have a feeling of been there done that,” sad Noden. “A lot of the time they will pack a picnic basket lay out their blanket spend the day in the park and go home not spending a cent.”

With all these grim statistics Noden ended his presentation with some NPC tourism inititives.

The GTA has grown in importance since the passport inititive. NPC partnered with local buisnesses to support GO niagara which averaged 1,200 passengers per day.

Launching new GTA inititive in 2010 partnering with Niagara buisnesses such as Whirlppol Jet Boats, Niagara Helicopters, and NOTL wineries.

Representing the destination at international trade shows such as China, Brazil, U.K. and Mexico.
Spear heading destination committee to develop a 3 year marketing plan.

“The future might not look so great right now, but we are the NPC wh have been around for many years and we will continue to be the worlds playground,” said Noden,

A REASONABLE APPREHENSION OF BIAS TOWARD GLYNN IN UPCOMING MAID LEASE BID

As boat tour companies across North America wait for the Request For Proposals from the Niagara Parks Commission (NPC) -- granting them the go-ahead to bid on the Maid of the Mist boat tour lease -- several issues of fairness are causing concern.

All of these find Lewiston businessman James V. Glynn smack in the middle.

For one thing, longtime Glynn ally Archie Katzman, acting chairman of the NPC, apparently will preside over the bidding process -- in spite of newly appointed Minister of Tourism Michael Chan's assurance of a fair and impartial bidding process.

Katzman seemingly will not be replaced before the RFP is issued.

Under Ontario law, when there is, to normal thinking people, what is called a "reasonable apprehension of bias" on the part of a public official favoring someone seeking to bid where the public assets are concerned, that official is supposed to step down and not participate in the decision-making process.

But Katzman has stepped up and is openly handling this entire bidding process, leaving the Province of Ontario open to future litigation.

Katzman has made no secret of the fact that he wants his friend Glynn to keep the continent's second most lucrative boat tour concession (behind only the Statue of Liberty).

He has an almost 40-year history with Glynn.

Both of them started in 1971, Katzman first becoming a commissioner and Glynn getting the boat tour lease at the same time.

Through the decades, the two -- who regularly are seen on the golf course together -- have negotiated all their lease terms in secret, granting Glynn the exclusive right to launch tour boats from the public docks just below the falls.

Strangely, too, the Canadian public never knew the terms of the biggest lease the NPC had until last year, when the Niagara Falls Reporter revealed them.

As subsequent analysis came out, it turned out Glynn was paying substantially less in rent than the market would bear -- about $3 million to $4 million less per year.

Katzman also was at the center of what became a national news scandal in Canada. Katzman and two other NPC officials tried to hide the fact from other commissioners that there were companies other than Glynn interested in bidding on the boat tour lease, including entertainment giant Ripley Entertainment.

It was later uncovered by the Reporter that Katzman had actually worked up a plan to secretly reduce Glynn's rent without telling the other, mostly lazy commissioners, who never even once actually looked at the lease before voting on it.

Katzman led the board to reduce Glynn's rent without them even knowing it.

Even after one brave commissioner, Bob Gale, broke rank and went public, even then Katzman tried to elude getting caught in the press crosshairs, while still silently supporting Glynn.

The minister of tourism ordered the NPC to re-review the lease and specifically review other companies' offers. Nevertheless, in the privacy of the NPC's closed-door meetings, Katzman still defiantly led the other commissioners to ignore the tourism minister's recommendation and vote again to allow only Glynn to have the right to provide boat tours in the lower Niagara, and with his rent reduction intact.

This brazen act finally forced the minister of tourism to overrule the NPC, for the first time perhaps in its 125-year history, and order the boat tour lease out to bid on a public tender for the sake of both "fairness" and getting the most money for the public's asset.

Consequently, many are finding it hard not to have a reasonable apprehension of bias, as well as a growing certitude of, if not dishonesty, at least ineptitude, with Katzman at the helm.

Consider: Katzman, 79, declared bankruptcy not long ago. Ironically, this financial loser is running the NPC and controlling its $80 million annual budget.

And like his own rudderless financial mistakes, he seems to be making the same ones for the NPC, which is heading toward bankruptcy. Under Katzman's leadership, the NPC went from a $3.7 million profit in 2004 to a startling $4.3 million loss in 2009.

He was behind most of the boondoggle projects, like the multimillion-dollar loser The Fury, the dismal virtual reality-ride flop, which made some of his friends millions, while losing many more millions for the NPC.

Some of these friends have been quite generous to Katzman, as the public has lately come to learn, but insiders have known for years.

Still, the purpose of opening up the boat tours below Niagara Falls to competitive bidding -- rather than giving them perpetually to businessman Glynn -- was to be fair and to help, not the struggling Katzman, but the NPC get out of debt and hire back some of the park employees laid off in recent years, who are necessary to help maintain the Niagara parks, which by all accounts are in a state of rapid deterioration due to budget cuts.

While the NPC may be going broke, multiple sources suggest that Katzman, although he may never lose an opportunity to stiff a creditor out of a million, always pays back his friends -- with the public's assets.

Katzman, sources insist, always tells his friends -- in a whisper, of course -- who is bidding for certain NPC contracts and what the winning bid should likely be.

And how to get their bids in at the last minute.

For example, the man who gave Katzman a mortgage-free condo, construction company owner Don Ward, got more than $25 million in contracts from the NPC in the last few years.

"That's just the way life is," Ward told Tony Reinhart of the Globe and Mail when Reinhart first exposed the scandalous story.

Katzman told Reinhart that his relationship with Ward should not be mentioned in the press because it "was a personal thing."

Katzman's sons have secured dubious deals -- like parks phone contracts and house wine contracts -- a touching tribute to a father's tender care.

Katzman, also, using his position at the NPC, raises money for various "charities." He rarely discloses where the money goes.

One year, quite laughably for those who wink at Katzman's doings, a whole raft of prizes and gifts provided by the NPC for an event somehow mysteriously disappeared.

Still, it is no joke when it comes to Glynn, where millions are at stake for an ailing parks system.

Just as Katzman worked to get Glynn the secret sweetheart lease that was later overturned by the minister of tourism, Katzman is now trying to help Glynn win the bidding.

For instance, Katzman supports Glynn's probably illegal plan that if he loses the bidding Glynn will demolish a three-story building he built on park property, which houses his administration offices.

And instead of selling his two boats at fair market value, Glynn is now promising to dismantle them and have the pieces hoisted out of the gorge.

Katzman supports this kind of talk -- predicting how hard it will be for anyone to replace Glynn.

Of course this may be just baby twaddle.

There are giants in the field. Ripley Entertainment, Alcatraz Media, CamPark Resorts, Xanterra Resorts, the Windsor Co., Disney, Seneca Gaming Corp. and others are mentioned as potential bidders. Any of these can buy boats, build offices and seamlessly begin Maid of the Mist boat tours in 2011.

But halt! Katzman says a new company cannot use the name "Maid of the Mist."

Sad, really.

Maid of the Mist boat rides existed below the falls for more than 160 years. Operators have changed many times. In fact the name is addressed in the old Glynn lease. Paragraph 6.03 reads, "Tenant (Glynn) acknowledges that it does not claim any interest in or rights in the words 'Maid of the Mist' ... and NPC is free to use 'Maid of the Mist.'"

Still Katzman, at the NPC's monthly meeting last week, refused to listen to the citizens group, Preserve Our Parks, who asked to address the NPC on the importance and propriety of preserving the historic name for Canada. Katzman, hoping to scare the public into supporting Glynn, predicts the virtual end of Niagara Falls tourism, saying tourists will not even take a boat tour if it is not called Maid of the Mist, ignoring surveys made last summer that show an overwhelming majority of tourists do not even know the name and invariably ask, generically, for the Niagara Falls "boat ride."

Katzman also supports Glynn's claim to a trademark on the words "Maid of the Mist," choosing to ignore the fact that Glynn clearly lied about having exclusive rights to use the name to the Registrar of Trademarks in both Canada and the USA. Glynn swore to two federal governments in 1993 that "no other entity had the right to use the name in commerce."

Not only did Katzman know that Glynn had a lease which says the NPC has the right to use the name, but more tellingly, he knew that the NPC was operating its own Maid of the Mist souvenir store, showing of course the NPC was (and is) using the name in commerce.

If Katzman were impartial, he would refer this naming controversy to a judge, and based on the lease Glynn signed, presume the NPC owns the name until proven otherwise.

Even the so-called "fairness commissioner" ordered by the minister of tourism to be hired to ensure the NPC conducts a fair and impartial bidding process has not been publicly named, with only weeks or perhaps days before the RFP is announced.

And yes, surely, with Katzman whispering in his ear, Glynn will have an edge.

It may be not quite enough to win against the giant companies now lining up against him.

Open meetings -and open mic

Parks commission still mulling over speakers rules

Parks commission to consider policy on hearing public presentations

Watchdog group stymied from making presentation at Friday's meeting

GLYNN THE COMPETITOR HOPES TO SCARE COMPETITION AWAY

James Glynn of the Maid of the Mist boat tours is probably batting under .200 just now. And he's not being a good sport about it, either.

For 39 years, Glynn held an exclusive lease on public land, never having to face competition for the right to operate boat tours at the base of the Falls.

Last year, the Ontario Minister of Tourism ordered that the boat tour concession be let out for competitive bidding.

It has been estimated that the Niagara Parks Commission (NPC) of Ontario stands to gain more than $100 million more in revenues during the 25-year term of a future lease by improved rent percentage and improved services.

Since the NPC has posted losses in recent years of $4 million annually, the increase in rent could singlehandedly eliminate the NPC's budget deficit.

One would hope -- if Glynn can't provide the best boat tour with the best terms for the public in an open and fair competition, then he would realize he doesn't deserve to have it.

But it is becoming apparent that the Lewiston businessman who has kept his Maid of the Mist deal secret -- by hook and quite possibly slightly more by crook -- will do anything to keep his lucrative boat tour concession in the Niagara Falls Ontario park regardless of whether he can provide the best services or not.

While boat tour companies from all over the northern hemisphere anxiously await the Niagara Park Commission's Request for Proposals (RFP), Glynn's has launched a campaign calculated to discourage bidders and scare the public.

Whether Glynn's campaign can really scare away big-time bidders such as Ripley Entertainment, Alcatraz Media, CamPark Resorts, Xanterra Resorts, Entertainment Cruises, Hornblower Cruises, Disney or the Seneca Gaming Corp. is anybody's guess.

Glynn's campaign consists of two basic concepts.

• 1. That no one else will be able to provide boat tours at the base of the falls for years since Glynn built the equipment and buildings on the public land where the boats are launched.

Glynn said he plans to destroy it all if he loses the bid.

• 2. Glynn claims he owns the historic name "Maid of the Mist" and a new company not being able to use "his" name will cause loss of brand recognition.

Glynn claims tourists will not take the boat ride if it is not named Maid of the Mist. Additionally, since Glynn can use the name Maid of the Mist on his New York-based boat tours, tourists in Canada will cross the border to take Glynn's N.Y. Maid of the Mist rather than take a boat tour provided by -- say Disney, or Ripley Entertainment -- that is named something else.

Now, as for the first scary concept: Over the last 30 years, Glynn has built simple rails and shuttles to move boats out of the water, a three-story administration building and a marine workshop.

Glynn said he will demolish, dismantle or scrap these rather than let a newcomer use them for the public good.

His son, Chris Glynn, told the press, "It could take years, we believe, to replicate what we have down here."

The concept of destroying buildings and equipment says more about Glynn than it does about the reality of a new operator really needing them. The infrastructure needed by another operator could probably be assembled fairly quickly. A new operator would have about a year to complete the work because a new operator will not start until 2011.

Boats are the main thing and these can be lowered by crane.

Besides, when someone leases land, it usually includes an agreement that addresses what happens to "improvements" such as buildings and other "fixtures" built on the land when the tenant leaves.

Naturally, Glynn never thought he would leave. His buildings and fixtures are permanent.

Glynn will not be legally able to destroy these. His lease says in Para 5.06: "That the Tenant (Glynn) shall deliver the Demised Premises, building and equipment located thereon, to the Landlord at the expiration of this Lease in a state of repair equivalent to that required to be maintained by it during the term."

Bill Windsor of Atlanta, who plans to bid on the boat tours, had this reaction when presented with the possibility that Glynn might destroy the buildings: "If the Glynns are allowed to remove the leasehold improvements they [have] made, we will simply replace what we need."

The other half of Glynn's scare tactic campaign involves a deceit that borders on fraud. A treasonous concept fostered by Glynn and supported by NPC Commissioners Archie Katzman and Vince Kerrio is that the American Glynn has the right to steal the public domain name "Maid of the Mist" from Canada.

Most noteworthy is the fact that the recently expired Maid of the Mist lease, which Glynn signed in 1989, states in paragraph 6.03: "Tenant (Glynn) acknowledges that it does not claim any interest in or rights in the words 'Maid of the Mist' and NPC is free to use 'Maid of the Mist' in identification of its structures, retail or promotional material."

But Glynn claims he snatched the name away from Canada. Here's how: "We have both United States and Canadian trademark registrations for Maid of the Mist," said Tim Ruddy, Glynn's marketing vice president.

But the trademarks were obtained under false pretenses.

On May 21, 1993, four years after he signed the Canadian lease saying he "does not claim any interest in or rights in the words 'Maid of the Mist,' " Glynn secretly made a claim for the U.S. rights while the Canadian lease was still in effect.

He registered with the U.S. Patent and Trademark Office for trademark for the words "Maid of the Mist." Glynn swore, "Applicant (is) the owner of the mark sought to be registered; that, to the best of his knowledge and belief, no other person, firm, corporation, association or other juristic entity has the right to use the mark in commerce."

Glynn made this sworn statement in 1993, knowing that in 1989 he signed a lease acknowledging that "NPC is free to use 'Maid of the Mist.' "

After Glynn falsely obtained the U.S. trademark, he went to the Registrar of Trademarks in Ottawa, Canada. Swearing falsely that he had lawfully obtained the U.S. trademark for the words "Maid of the Mist," he failed to inform the Canadian government about his 1989 lease where he acknowledged he did not have "rights in the words 'Maid of the Mist.' "

The NPC has used the name for 125 years, almost 100 years before Glynn came to use it. Still, if it is somehow conceded that Glynn can steal the historic name from Canada, if he loses the bid, Glynn hopes that friendly commissioner such as Katzman and Kerrio will give points or weight in the RFP to Glynn for owning the name.

In any event, last week, as part of the scare campaign, Glynn hired telephone callers to conduct a push poll.

A push poll, as readers know, is a deceptive telephone calling technique in which someone pretends to be conducting a poll to gather information but instead attempts, by the questions they ask, to alter the view of the people being called. It is a form of propaganda or rumor mongering masquerading as a poll.

Here are some of the questions in the telephone "poll" now being conducted by Glynn:

-- If the Maid of the Mist stopped operating in Niagara Falls, Ontario, and there was no replacement boat tour, would you say the impact this would have on tourism in Niagara Falls Ontario during that time would be ... very negative?

-- If the Maid of the Mist boat tour was replaced by a new boat tour with a different operator and name, would you say the impact this would have on tourism in Niagara Falls, Ontario, would be very negative?

-- If the Maid of the Mist began operating only from the U.S. side of Niagara Falls, and a new boat service with a new name operated on the Canadian side of Niagara Falls, would you say the impact this would have on tourism in Niagara Falls, Ontario, would be very negative?

-- To what extent do you support or not support the idea of a new boat tour with a new operator and new name replacing the Maid of the Mist in Niagara Falls, Ontario, if this meant there would be an extended service interruption of boat tour service?

Windsor, a Glynn competitor for the tour operation, provided the Reporter with alternative questions:

-- If the existing boat operator at Niagara Falls (Glynn) causes a disruption in the service in an effort to hinder the efforts of competitors to win the rights to offer the service through competitive bidding, would you find the existing operators' efforts to be ... very negative?

-- If the government of Ontario allowed a private company to claim rights to the words "Maid of the Mist" when there is a contract between the government and the private company that states the private company does not own any rights to the words, would you find that to be very negative?

-- If the existing boat operator in Niagara Falls is replaced by a new boat operator who pays $100 million more for the rights to offer the service and gets The Niagara Parks Commission out of debt, would you find this to be ... very positive?

-- To what extent do you support a new boat tour operator at Niagara Falls if it generates a better service, more tourism in Ontario, pays an additional $100 million to the government and the operator was chosen in competitive bidding rather than a secret backroom deal?

In 1941, baseball player Ted Williams entered the last day of the season with a batting average of .400, making him the first man to hit .400 since 1930. Williams had the option of sitting it out but opted to play in the last day's doubleheader although he risked falling short of the elusive 400. He explained that, "If I can't hit .400 all the way, I don't deserve it."

Williams went 6 for 8 that day, boosting his final average to .406.

No player has hit .400 in a season since Williams.

As for Glynn, his batting average is heading lower every day.

'No-lobbying' rule aimed at keeping boat-tour bid 'above board'

Parks commissioners instructed to avoid contact with potential bidders on controversial boat-tour lease

Evidence mounts for provincial take-over of Niagara Parks Commission

NIAGARA FALLS, ON, Jan. 26 /CNW/ - The public interest will be only served by the Ontario government assuming full control of the Niagara Parks Commission, says the Ontario Public Service Employees Union (OPSEU).

"It is clearly not acceptable to run a government agency responsible for preserving Ontario's top tourism attraction as a cash-cow for the well-connected," said OPSEU President, Warren (Smokey) Thomas. "The parks commission is losing money and the public's confidence."

"Ontario's new Tourism Minister Michael Chan must bring the commission under his direct authority," said Thomas. "Jobs in Niagara and elsewhere in the province depend on it."

OPSEU represents 500 full-time and seasonal workers of the commission.

The auditing firm KPMG noted the parks commission is "an asset of significance for Ontario" and is "a key component of Ontario's tourism sector" in its governance review for the tourism ministry last June.

For the third consecutive year, the Niagara Parks Commission has reported a financial loss. In 2008, it lost $3.5-million. The commission is funded entirely from its attractions, parking, golf, food services, marina and other revenue sources.

The public perception of the commission as an "old boys club" where many employees treat Commissioners "as if they are royalty" was noted by KPMG in its review.

Recent articles in the Globe and Mail bear these statements out. There have been revelations about a contractor friend of interim chair Archie Katzman winning multi-million dollar contracts from the parks commission and details about the benefits offered Commissioners. The benefits include free golf for Commissioners, spouses and their friends, substantive discounts at Commission-run restaurants and stores, and passes to Niagara Falls attractions and services. Parks commission general manager John Kernahan told the newspaper "these benefits are under review and may be subject to change".

"While this government agency was being run to feather the nests of the privileged few, it was slashing jobs and the pay of its workers," said Thomas

OPSEU Local 217 estimates the number of seasonal jobs at the commission - the largest component of its workforce is seasonal - has been cut by a third in the last 10 years. Last summer, seasonal employees' pay was cut by 6.25 per cent when their weekly hours were reduced from 40 to 36.25.

For further information: Bill Rudd, president, OPSEU Local 217, (289) 407-6449

Parks commission opens up meetings to public

Parks commission opens up meetings to public. City Councillor Vince Kerrio, who represents the city on the Niagara Parks Commission board, helped set the stage for opening up NPC meetings to the public in December.

The Niagara Parks Commission ushered in a new era as it opened meetings to the public for the first time in its 124-year history.

The Oak Room, 7400 Portage Rd., was crowded as residents and the curious came to see what has until now been cloaked in secrecy.

Commission councillors, led by chairman Archie Katzman, began the procedures by thanking everyone for coming out.

Niagara Falls MPP Kim Craitor addressed both the commission and the audience, saying the time for transparency and openness has come.

“I hope the turnout today makes it clear that the public cares about the parks and wants to know what’s going on,” said Craitor. “I think the public up to now have not been aware of everything that goes on and exactly what it takes to run it. From now on they will get a better understanding.”

The Niagara Parks Commission is an agency of the provincial government that maintains the Ontario shoreline of the Niagara River.

The NPC manages numerous trails, historic sites, picnic areas and other attractions. These include Journey Behind the Falls, the Butterfly Conservatory and the Queenston Floral Clock, to name a few.

The NPC also maintains its own police service.

Niagara Falls city councillor Vince Kerrio, who represents the city on the Parks Commission board, spearheaded this change to open meetings, in response to the ongoing call by the public and provincial government for more transparency. The decision was backed by all of the other commissioners.

The meeting was similar to a city council meeting where topics were raised and brought to the table by commissioners. The council then made decisions on whether to move or pass an issue brought forth.

Some of the topics brought up in the first open meeting included the future of Niagara Parks Police, private bids for running boat tours at Maid of the Mist and how to comply with new provincial accessibility standards.

Margaret Dunn, from the Preserve Our Parks citizens’ group, agreed that this was a historical day and accomplished the first goal of the organization.

“I’m thrilled to be here today,” said Dunn. “I’m surprised that Katzman was surprised by the turnout, we’ve been lobbying for this since 2004.”

Dunn said the next test is to see just how responsive the commission will be, noting that at present, commissioners’ phone numbers and emails are still not available to the public.

“This is just the beginning,” said Dunn. “We will continue to attend and have a voice about the future of Niagara Parks.”

KATZMAN 'THE KAT' BODES ILL FOR FAIRNESS IN NIAGARA PARKS COMMISSION-GLYNN BIDDING

Happy sailing. That's what they say.

In the wake of the Niagara Falls Reporter's expose, Niagara Parks Commission (NPC) Chairman Jim Williams resigned late last year in protest over the decision to put the Maid of the Mist out to bid. Then in January, Tourism Minister Monique Smith asked to be transferred. Perhaps she had had enough controversy over the Maid of the Mist.

Now Archie Katzman is acting chairman of the NPC.

Katzman, 79, has had his share of experiences. He's owned hotels, restaurants and a bowling alley. They are gone, and Katzman, or, as he likes to be called, "Kat," forgot nothing but to say goodbye to his creditors. When he declared bankruptcy in 1996, at age 67, he left his creditors -- with $7 million of bad paper.

He is now the man in charge of running the NPC, that $80 million, part public stewardship -- part business enterprise -- encompassing 4,200 acres of parkland around Niagara Falls.

Although he declared poverty and works at a modest-paying job as manager of the St. Catharines club, Katzman drives a new Cadillac and sports a Rolex wrist watch and gold jewelry valued in the tens of thousands.

Katzman also acquired a condo in St. Catharines. Within three years, he or someone else paid off the mortgage.

The NPC was established by the Ontario Provincial government in 1885 to protect Niagara Falls from unscrupulous mercenaries who acted to enrich themselves without regard for the public's interest.

To manage the parks, a politically appointed board of commissioners, 10 to 12 in number, works part-time, for prestige and honor, getting only a $135 monthly stipend.

Katzman, its chief, has been on the commission for 39 years. Most NPC commissioners have served less than seven years.

"Maybe it's because I do a good job," Katzman said.

Katzman attends golf tournaments, political dinners and so-called charity auctions, hosting the annual St. Catharines Mayor's Golf Tourney. He charges an entrance fee of $300. Each player gets a free round of golf at the NPC-owned Legends Golf course. No one knows exactly where the money winds up. Katzman, as chairman of the golf committee, takes, at NPC's expense, golf trips to check out how other golf courses operate.

Somehow these trips happen to coincide with the time and places where PGA tournaments are occurring. Katzman also takes care of his friends.

For instance, provincial records show that Donald Ward, a builder in St Catharines, on Sept. 3, 1999, gave Katzman an interest-free mortgage of $208,450 for a brand-new condo in St. Catharines, $30,000 more than the purchase price of $177,567. Less than a year later, Ward's Charter Building Company won a $5.7-million public tender to build the clubhouse at the NPC's new Legends golf complex.

Ward later discharged the mortgage, leaving Archie with a brand new, paid in full Condo.

Again, in 2007, Charter won a $20.5-million contract to overhaul the main tourist building at the brink of the Horseshoe Falls.

Katzman, who both lobbied and sponsored the motion to pass both deals, claims, since they were publicly tendered, "I am so squeaky clean on that."

"It was a public tender...a tender's a tender. You either win it or you don't. The guy just happens to be a friend of mine, who won the contract," Katzman said.

Ward said it is OK to get multimillion-dollar contracts recommended by a commissioner whom he gifted hundreds of thousand of dollars to.

"That's just the way life is," Ward said, "and to me that's private between individuals."

Katzman said he paid Ward back but refused to produce the checks.

Katzman also gave "friendship" to Ward's son, Rob, getting him the prestigious golf pro gig at a commission-owned Whirlpool golf course. Katzman helps his own sons, too. Both of Katzman's sons have been the recipients of advantages.

"What's important to me is my wife and family," Katzman said, "and I know I'm as clean as a whistle."

His son, Steve, owner of a telecom franchise, got the contract for services for the parks staff's mobile phone system. Katzman insisted he had no role in his son's lucrative deal.

"I defy anyone -- anyone -- to say I was any part of those things," Archie says. "I've been around too long to know better than that."

The younger Katzman, his nose growing, competing with his father in elongation, claimed his father wasn't even aware of his cell phone deal with the parks until after it was signed.

In 2005, Canadian pro golfer Mike Weir launched a line of Niagara wines. Weir has no winery, but partnered with vintners such as Chateau des Charmes Winery in St. Davids to make wines and put Weir's name on the label.

Weir, in what some might describe as a left handed swing, hired Barry -- Archie's eldest son. When Barry worked for Creekside Wines and Wines of Wood's End respectively, both wineries happened to win the tender to be the house pour wine at NPC restaurants. According to sources, Wines of Wood's End's bid was won under interesting circumstances. When Barry came in late -- - just after Archie had seen all the bids -- his bid was just a hair lower than the lowest bidder.

Now Weir and Barry Katzman have plans to build a winery on a 15-acre parcel of land next to the Whirlpool Golf Course -- which just happens to be owned by the NPC.

The shovels were expected to be in the ground last summer. But when the Niagara Falls Reporter published its series on the corrupt doings at the NPC, things got derailed.

There are 67 vintners in Niagara Falls, Ont. Why should one pseudo winery get the exclusive right to operate on public land? Instead of promoting only Weir wines -- which does not even grow its own grapes -- the NPC should promote the entire region's elegant wines.

And Archie takes care of himself. One of our sources -- who is married to an elected official in Canada and worked at the NPC -- said a number of people quit the NPC because they were put into compromising positions over "Archie Contracts" -- deals Archie made without commission approval.

One man said, "Archie sent him" and demanded a check for $5,000. Katzman was called, and, according to our source, Katzman said, "Just give him $5,000 and write up a general contract for services." They never saw the man again after he left with $5,000.

On a bigger scale, the Legends Golf Course was originally estimated by Katzman to cost $27 million, but wound up costing more than $40 million. Katzman lined up "friends" who got paid to build the escalating course.

Katzman also led the charge to build the $40 million Table Rock improvement with the virtual reality ride "fury." That contract went also to Katzman friends. The Fury did so poorly that projections Katzman used to justify the enormous expenditure at Table Rock were off by 99 percent.

Consequently, the NPC began layoffs. Park employment fell from 750 to under 500 during the last few years.

Astonishingly, in the midst of this, instead of trying to increase income on the biggest lease the park has, Katzman secretly negotiated with businessman James Glynn to reduce Glynn's rent on the Maid of the Mist lease.

Indeed it was this secret scheme that put unwelcome light on Katzman, as commissioner Bob Gale broke ranks and complained that Katzman quietly brokered the Maid deal then sprung it on the full board for a vote, without disclosing competitors' interest in bidding.

After the Niagara Falls Reporter's expose, Minister of Tourism Smith ordered the commission to tender the Maid boat tours.

Katzman now openly supports Glynn's recent scare tactic campaign.

According to financial statements given to Commissioners in March 2008, Maid of the Mist spent $16 million on fixed assets since 1972. Their investment is less than a half a million per year on an operation that makes 20 plus million per year.

Nonetheless, Glynn threatened to demolish the three-story administration building they built on park property, a marine workshop and rails and shuttles that move boats out of the water rather than let a newcomer use it for the public good.

Katzman supports Glynn's plans to destroy fixtures on public land.

But the expired Glynn lease required that Glynn build his own buildings and "deliver the Demised Premises, building and equipment located thereon, to the Landlord at the expiration of this Lease."

If Glynn thinks that destroying his measly $16 million investment will be a barrier to someone bidding for an $800 million deal, he is indeed na•ve.

Ripley Entertainment, Alcatraz Media, CamPark Resorts, Xanterra Resorts and Entertainment Cruises have all expressed interest in bidding. Disney and the Seneca Gaming Corp. have also been mentioned as possible bidders.

Katzman also supports the treasonous concept that Glynn, not the Niagara Parks Commission, owns the name Maid of the Mist.

The name belongs in the public domain.

The lease he signed attests to it. Paragraph 6.03 reads, "Tenant (Glynn) acknowledges that it does not claim any interest in or rights in the words 'Maid of the Mist' ... and NPC is free to use 'Maid of the Mist'."

The reason Katzman supports the idea of an American stealing the heritage name Maid of the Mist from Canada is so he can give weight in the RFP to Glynn owning the name.

That's what friends are for.

Using the public's assets instead of your own, as the Kat knows, makes lots of friends.

Happy sailing.

Parks open for business

NIAGARA PARKS COMMISSION: First public meeting in agency's 124-year history attracts standing-room only crowd

Full house at historic NPC meeting

Provincial agency opens door to public for first time in 124-year history

Maids an icon of Niagara Falls: Blizzard

Controversial untendered contract back out for competitive bids, but can anyone else do the job?

By Christina Blizzard

Friday, January 22, 2010

NIAGARA FALLS – The narrow road takes a hairpin turn down the gorge — and your heart stops.

It’s one of the natural wonders of the world and even on a damp January day, with the Falls a thousand shades of white and grey, the sight of all that water churning over the edge is still breathtaking.

It’s awesome and exhilarating and the most beautiful place on Earth to do business.

This is the headquarters of the world-renowned Maid of the Mist, that spectacular boat tour whose name is synonymous with Niagara.

The Maid itself has been caught in turbulent political waters lately. Last year, its lease on Niagara Parks Commission (NPC) land came due. The NPC renewed the lease with a 25-year untendered contract.

That’s when the water got choppy. The uproar that ensued forced then tourism minister Monique Smith to rethink the deal. It will soon be sent out for competitive bids.

Christopher Glynn’s father bought the company in 1971. Back then they carried about 350,000 people annually. That figure is now between 2.2 and 2.5 million a year.

“You can find lots of other boat services in the world, but I don’t think you will find one that does what we do under these conditions,” Glynn said.

The boats need skilled captains, many of whom come to them after working on the Great Lakes.

If the Maid doesn’t win the contract, it’s hard to see how a new company could operate the tour this year. The boats are custom built and you can’t just bring them in along the river. Some of the most treacherous rapids in the world are downriver from the Falls. The boats are broken up and brought in by land.

The company owns four Maid boats — two carry 600 passengers and two carry 300. It costs between $3-$5 million to build and transport each boat.

Need to know

“In order to have the security that a business needs going forward to make capital investments, to make new vessels, you need to know that you are going to be here for more than a couple of years,” Glynn said.

He’s baffled at the furor. They’ve operated safely and successfully and provided revenue for NPC for many years.

It’s been suggested other companies would like to offer dinner cruises or glass-bottomed boats, ideas Glynn says simply won’t float.

The Maid gave up on night tours 25 years ago, for safety reasons.

At night, Ontario Power Generation takes water from the Falls for its hydro plant. Water level drops 15 feet, exposing rocks that aren’t a danger during the day.

When Princess Diana famously took her trip on the Maid with her two sons, they were asked to provide refreshments. It proved difficult. In these turbulent waters, even a half-filled glass will spill.

Times are tough in the tourism industry, he says. Stricter border rules, a high dollar — even the H1N1 scare — have reduced visitors.

The company has a lease with New York State Park across the river that runs until 2042.

They made calculations on the proposal that was rejected by cabinet. In 2009, they had 100,000 fewer visitors and lost $1 million in revenue.

“We would have paid $80,000 more rent under the formula the park wanted, because it appears to us the NPC was trying to secure its revenue stream,” he said.

Before we toss this Canadian icon over the Falls, let’s make sure we know exactly what we’re going to replace it with, first.

christina.blizzard@sunmedia.ca

Katzman becomes public face of NPC

Parks commission launches new website

The Niagara Parks Commission proudly launched its new community website this morning as part of its ongoing commitment to openness and transparency.  

The new site, community.niagaraparks.com, is a main component of NPC’s overall website redesign and helps fulfill some of the recent recommendations contained in the Ministry of Tourism’s governance and audit reviews of NPC, undertaken this past spring.

The site also includes additional information about how the public can do business with NPC, as well as other aspects of NPC’s governance, operations and community involvement. One of the advantages of the new website is that it will enhance NPC’s ability to inform the public about public meetings.

NPC’s first public meeting is scheduled to take place at 10 a.m. on January 22, in meeting room 1 of the Commission’s Oak Hall offices, located at 7400 Portage Road.  Seating is limited and will be available on a first come, first served basis.  One of the key items to be discussed will be the Commission’s need to develop a by-law guiding its public deliberations in the future.  Following the public portion of the meeting the Commission will then adjourn to discuss in camera items.

For more information contact: Tony Baldinelli, Communications Manager.The Niagara Parks Commission 905-371-0837.

Parks launches 'community' website

Niagara Parks setting the stage for public meetings

Commission manager not sure what to expect when provincial agency opens its doors for first time

Maid of the Mist

The Maid of the Mist Steamboat Company says it won't sell its famous tour boats or any of its infrastructure if a competitor wins the next contract for the Niagara Falls attraction.

President Chris Glynn warning the tours to the Falls could be idled for years if a competitor has to replace the boats and all the infrastructure it owns on the land leased from the province

Preserve Our Parks Margaret Dunn says Glenn's comments are "preposterous" and show no respect for the taxpayer

Tourism Minister Monique Smith says the logistical problems of buying or replacing everything on the tiny sight isn't the government's problem.

By Keith Leslie (CP) 

NIAGARA FALLS, Ont. — Getting competitive bids for one of the world's oldest and most famous tourist attractions - the Maid of the Mist boats in Niagara Falls - may not be as straight forward a proposal as the Ontario government hopes.

The Niagara Parks Commission came under fire last year for giving the Maid of the Mist Steamboat Company an untendered, 25-year renewal on the contract to operate the boats that ferry tourists from both sides of the international border up to the thundering waterfalls.

The commission's timing couldn't have been worse politically. The Liberal government was under siege because of hundreds of millions of dollars worth of untendered contracts given out by one of its agencies, eHealth Ontario.

The province told the parks commission to review the decision to not to seek competitive bids, but the commission upheld the deal a second time. The government then cancelled the contract and ordered the NPC to put it out for tenders, a move that caught Maid of the Mist owner and existing lease-holder Chris Glynn off guard.

"We were a bit surprised," Glynn said in an interview. "It had been twice approved by the Niagara Parks Commission."

The Ontario government ordered the tendering process to comply with new provincial guidelines to eliminate untendered contracts, and is confident it can complete the bidding process for the tour boats this year, said Tourism Minister Monique Smith.

"We've engaged a procurement specialist, a fairness commissioner and we're just finalizing the details of a contract with a nautical expert," Smith said in an interview. "The timeline that we set out is eminently feasible and attainable."

One of the key reasons Glynn is confident of hanging onto the contract, which he took over from his father, is the time it would take to replace all the infrastructure the company has built on the small piece of land at the bottom of the Niagara gorge, spending $15 million in the past 25 years.

In addition to the three-storey main building, which houses the administration offices and a marine workshop, the company has also built an elaborate system of rails and shuttles to move the boats about on land, and on or off the single launch into the Niagara River.

Even the Maid of the Mist boats themselves, the smallest of which hold 300 passengers and the largest 600, were built as one piece and then cut in 12-to-14 pieces to be lowered 55 metres down the gorge by crane before being reassembled at the bottom.

The company isn't prepared to sell the boats or any of the existing infrastructure on the small piece of land it leases from the parks commission to a potential competitor, said Glynn, so any new operator would have to start from scratch.

"I don't know how much time it would take them to do that," he said. "The carriages and shuttles are ours and so are the vessels, so it could take years, we believe, to replicate what we have down here."

The logistics of the operation are something for the would-be bidders to deal with, not the province, said Smith.

"Whether or not the infrastructure that's there that belongs to the Maid of the Mist would be purchased by another operator, or would be disassembled and a new operator would have to assemble something, that's part of their RFP and I'm not going to prejudge or pre-guess what's someone's going to propose," she said.

The Maid of the Mist corporation also has a 40-year lease agreement with the New York Parks Authority running until 2042, and warned that having two separate boat tour operators in the narrow Niagara gorge would present "logistical challenges and safety concerns."

Other tourist operators in Niagara Falls would not want to see the Maid of the Mist sidelined for even one season while another operator set up shop because the boats are one of the biggest draws besides the falls themselves, said Glynn.

"The brand awareness, the iconic nature of the attraction, our reputation, years of service, the proven results we've given the taxpayers of Ontario, to provide a steady cash flow for the NPC. I think will make us the best choice."

There's talk of some big players in tourism, such as Disney and Ripley Entertainment, wanting a crack at the Maid of the Mist operations. Ripley's, which already operates one of its 'Believe it or Not' museums in Niagara Falls, Ont, confirmed it is interested in the tour boats, but declined further comment. Disney declined comment.

There is also Bill Windsor, an Atlanta businessman who went to the Ontario Superior Court last year to force the Niagara Parks Commission to open the contract to competition after it granted Maid of the Mist the 25 year renewal.

The Progressive Conservatives said the parks commission, and provincial taxpayers, could end up with a much better return if one of those big companies was the successful bidder for the tour boats.

"If you get them involved in this, there could be spin offs from having companies like that involved who want to not only grow that business, but could spin off other aspects to compliment boat tours," said Opposition critic Bob Runciman. "The potential there is pretty exciting to contemplate."

The New Democrats also supported the idea of competitive bidding for the Maid of the Mist tours.

"Everybody gets a better deal when it's tendered, everybody benefits," said NDP critic Peter Kormos. "When you have untendered contracts, especially lucrative ones like this, it not only closes the door to the prospect of healthier revenues, but it raises concerns about the propriety of the relationship between the NPC and the existing operator."

There had been some suggestion the Niagara Parks Commission had at one time owned the rights to the name Maid of the Mist, but Smith said Glynn's company owns the name and the NPC is allowed to use it in promotional material, but never owned it.

January 16, 2010

The Kat who always comes back

An 'old boys club' plays too big a role in protecting Canada's top tourist attraction, critics say. To others, that's just life in Niagara Falls

Troubles at the Parks Commission delay Weir's winery plans

Battling over the NPC!

It's now a battle of words!  Welland NDP MPP Peter Kormos says the Niagara Parks Commission should be shut down, calling it a hotbed of "Closed-door, political patronage and nepotism.''

The NPC has been losing money for the last four years; for example, it sank 3 and a half million dollars into the red in 2008.

However, NPC General Manager John Kernahan says those losses can be blamed on a soft tourism market and tighter border security rules.

The NPC recently came under fire giving the operators of the Maid of the Mist tour boats a 25-year un-tendered contract extension, which the province cancelled before ordering it be tendered out.

Replacing chairman offers chance for renewal

December 26, 2009

PERKS AND RECREATION

All these perks add up to a harmful sense of entitlement by the commission, critics say as the body comes under scrutiny

areinhart@globeandmail.com [areinhart@globeandmail.com]

This may be the season of giving, but for members of the Niagara Parks Commission, it's Christmas all year round.

Free golf, tickets to attractions and deep discounts on everything from cigars to candy are among the many perks available to the 10 to 12 part-time political appointees who oversee the Ontario government agency that manages the public parkland at Niagara Falls. The goodies include giant Christmas poinsettias and holiday turkeys delivered to commissioners' homes.

"And I do the same for my staff here," said Archie Katzman, the acting chairman of the parks commission, in defending the seasonal gifts, which he also doles out to underlings in his private-sector role as manager of an exclusive club in St. Catharines.

" 'Tis the season, isn't it?"

Such bonuses might seem trivial in the grand scheme of things. The parks commission is an $80-million-a-year operation that employs 300 full-time staff and hundreds more seasonal workers, funded entirely from its attractions, parking, golf and food operations, not tax dollars.

At the same time, its mandate - to preserve and enhance Niagara Falls, the crown jewel of Ontario tourism - is a public trust that critics say is threatened by an antiquated culture of privilege at the 124-year-old agency, whose board members make decisions in private.

Those threats were amplified this year by their support of an untendered deal with the Maid of the Mist to continue its boat-tour monopoly at the Falls, at a time when the commission has been losing money.

The deal, since vetoed by Queen's Park and soon to be put to tender, prompted the government to order probes of the commission's governance and business practices.

The findings, at first withheld by the government but obtained by The Globe and Mail in a freedom-of-information request, revealed widespread problems at the parks commission, including undocumented decisions, missing records, breaches of its code of conduct by commissioners and a general lack of transparency.

Auditing firm KPMG, which conducted the governance review, said the commission has lost public confidence due, among other things, to perceived conflicts of interest and a "mystique" around commissioners who are seen as an "old boys' club" and treated "as if they are royalty" by the agency's employees. "There's an entitlement thing that the commissioners have," said Bill Rudd, president of Ontario Public Service Employees Union Local 217, which represents parks workers. "That thing about them being treated like royalty is really true."

Among its many recommendations, KPMG suggested commissioners could help restore their image by making public their expense claims and any "gifts and in-kind benefits" they receive beyond their modest pay for conducting parks business: $135 per day for commissioners, $175 for the vice-chair and $250 for the chairman.

"Many local residents have an unfounded belief that Commissioners are highly paid and receive significant benefits from their position," the auditors wrote, adding "there is significant benefit of disclosing the remuneration of the Commissioners."

The Globe and Mail has obtained a list of fringe benefits offered to commissioners, which John Kernahan, the paid general manager who oversees staff at the agency, confirmed as accurate, with the proviso that "these benefits are currently under review and may be subject to change."

They include "complimentary golf and carts for themselves and their three guests when the Commissioner is present as part of a foursome," plus golf-and-cart passes for spouses and a guest when a commissioner requests them. Commissioners also get 12 individual golf passes each year to dole out to others as they see fit.

Each commissioner was offered "40 strips of passes" to Falls attractions and services, with extra passes available through the chairman or general manager.

At commission-run restaurants and stores, including golf pro shops at its three courses, commissioners were offered discounts ranging from 20 per cent on golf shoes, clubs and balls, to 30 per cent on cigars and candy, 35 per cent on meals and 40 per cent on other retail items.

Certain privileges are also extended to parks commission staff, retirees and elected officials including the sitting Member of Provincial Parliament. The Niagara Falls Review newspaper seized on this last fact when it reported that local Liberal MPP Kim Craitor had booked 158 tee-off times for free golf rounds at commission courses between his election in 2003 and August of 2007. Green fees at the time ranged from $91 to $125.

Jim Williams, then chairman of the commission, told the Review that the agency had a long-standing policy of giving free golf to elected officials, commissioners and its own staff as a way of "bringing people down to show them the amenities of the tourism areas down here." Mr. Williams, who recently resigned his post over the Maid of the Mist tendering controversy, further told the paper the free-golf policy "doesn't have a lot of parameters around it."

Mr. Katzman, a former businessman and veteran political fundraiser from St. Catharines who has sat on the commission since 1971, gave a decidedly more modest characterization of the perks package, despite Mr. Kernahan's confirmation of the details obtained by The Globe. "Every commissioner will receive three rounds of golf for the year, just three," he said. "Once you're finished that, you're on your own."

Mr. Katzman said commissioners get "about a 10-per-cent discount" at parks restaurants, "and that's it, that's the perks."

Pressed further, he acknowledged the free attraction passes and retail discounts, though at lower rates than what members in 2006 were offered. As for golf passes for spouses, "that's a new one on me," he said, "and I chair [the commission's] golf [committee]."

Asked if full public disclosure of perks might clear up any misconceptions around commissioners' benefits, Mr. Katzman answered with his own questions.

"Do city councils do it? Does the liquor board to it? Does the lottery corporation do it? I don't know; I mean, we're an agency of the Ontario government, same as them."

******

20 / Percentage discount for commissioners of the Niagara Parks Commission on golf shoes, clubs and bars at NPC-run stores

12 / Number of individual golf passes each commissioner receives annually, to give out as they see fit

40 / Number of strips of passes to Niagara Falls attractions and services each commissioner receives

IN WAKE OF GLYNN SCANDAL, NPC CHAIRMAN RESIGNS AS AMERICAN GLYNN SNATCHES CANADA'S MAID OF THE MIST NAME

Another strange chapter.

The chairman of the Niagara Parks Commission (NPC), James Williams, resigned recently amid the growing scandal surrounding Lewiston businessman James Glynn's Maid of the Mist Canadian boat tour lease.

Williams gave a number of reasons for quitting, all centered on Glynn and on Ontario Minister of Tourism Monique Smith's decision to put the Maid of the Mist boat tour out to bid for the first time ever.

It seems to have upset Williams that Glynn might lose the lease he held for 38 years.

Lately, Chairman Williams and Tourism Minister Smith have been at odds.

After ordering the bid contest, Smith said she wanted the winning bidder announced by June 2010. Williams proposed a June 2011 deadline.

Due diligence in preparing bid specifications, evaluating bids and selecting a winner will take longer than a few months, Williams said. "If it gets done by June of 2010, then it's because there were some shortcuts," he said.

Smith overruled him.

"Not only was it not discussed, it was summarily dismissed," Williams told the Globe and Mail. "That signaled to me that this minister was more about political expediency," suggesting Smith wanted the Glynn scandal put to bed before the next election.

Smith's tight timeline is not without precedent. The U.S. National Park Service in 2007 announced a tender and awarded the winning bidder for the Statue of Liberty Boat tours within five months. More than a dozen operators bid.

Conversely, there is no need to rush. Although Glynn's lease expired Nov. 20, 2009, the terms allow him to stay as a "holdover" tenant on a month-to-month basis, which Glynn is expected to do during the 2010 tourist season, since a new operator can't be in place by next season.

Glynn's Canadian Maid of the Mist Steamboat Co. generated $23.3 million last year. Confidential documents presented to the NPC show Glynn netted more than $4.4 million after expenses. The Maid of the Mist provides about 1.8 million boat rides annually in Canada -- making it, along with the Statue of Liberty and Alcatraz, one of the three most frequented excursion boat operations in the world.

This means it will likely attract a lot of bidders. Already Ripley Entertainment, Alcatraz Media, Campark and Xanterra have expressed interest in bidding. Disney and the Seneca Nation have been mentioned. Against these giant companies, Glynn may lose his long-held lease.

When Williams was appointed chairman in 2004, the 124-year-old NPC shifted from its traditional history of making a profit to losing money. The NPC lost more than $4.3 million last year and had to lay off more than 500 employees -- a third of its workforce.

Oddly, too, Williams led the NPC to secretly vote in 2008 to reduce Glynn's rent for his Canadian boat tours while excluding at least two other companies who offered to pay more.

The Niagara Falls Reporter broke that story and subsequently revealed estimates from tourism industry experts that said the NPC could get $3 million to $6 million more in rent annually than what Glynn was paying -- suggesting the NPC might solve its financial problems simply by putting the Maid of the Mist lease out to bid.

Williams fought this and, as the story escalated into Canadian national news, critics accused Williams of being secretly on Glynn's payroll.

After the Reporter's expose and increasing national coverage on Glynn's sweetheart -- and now no longer "secret" -- lease, combined with spending scandals erupting in Ontario's Liberal government, including eHealth and the Ontario Lottery and Gaming Corp., Smith ordered the NPC to open the boat tour lease to competitive bidding in October over Williams' objection.

With his resignation, Williams blamed the Reporter for helping to put his chairmanship "under siege." He cited Smith's "unwillingness" to defend him as a signal reason for his resignation.

"Given ... your unwillingness to defend this commission against the false accusations levied against us, I can only conclude that I no longer have your confidence in this matter," Williams wrote.

One week before resigning, Williams made a surprising request, which showed perhaps how tired he was of being made a media scapegoat. He recommended to the highly politicized Liberal Party's tourism minister that since she was going to allow bidding on the boat tour, then do it honestly and openly.

He suggested Smith hold a public meeting about the bidding process, form a "blue-ribbon panel" to review the bids, hire an expert manager to oversee the process and make sure all the boat tour bids are made public afterward -- both the winner and losers. And lastly -- take the decision away from him and the NPC.

In a Nov. 30 memo, he explained that, since the NPC voted twice -- in April 2008 and September 2009 -- to renew the lease with Glynn instead of inviting bids, the public's perception is that the NPC favors Glynn in any bidding process. The only way to remove that perception, Williams said, is to make this process more open than most government tenders.

Smith refused, saying she wanted to keep much of the bidding process secret, get it done fast and keep Williams in charge. Williams perhaps suspected what many already suspect: Smith is an elected politician, and secrecy allows the Liberal Party to award the bid not necessarily to the highest bidder to the public -- but the highest bidder for the Liberal Party. The Tories will want to watch this one closely.

Still, with Smith's ordering secrecy on the bids, Williams knew that even if following an honest (but secret) tendering process, if Glynn had the best offer, if Williams led the NPC to choose Glynn, there would be a hue and cry by the public, and accusations of favoritism or worse heaped on him.

Williams tried to get an impartial panel to handle the bid. Smith's actions suggest the "fix is in" and that she expected Williams, like a good party Liberal, to follow orders and take the brunt of it. So he quit.

On his way out, he threw a school of red herrings into the waters, meant to help Glynn.

Among these, Williams supports Glynn's twin claims of ownership of the "Maid of the Mist" name and that loss of the name brand in Canada will hurt the park.

Williams wrote, somewhat fantastically, "The Maid of the Mist (name) is almost as well known as the Falls themselves. The loss of the brand name ... will have a devastating impact on ... the entire tourism economy of the region."

Williams said tourists will leave Canada and hazard customs inspections to go to the United States where Glynn operates competing Maid of the Mist boat tours -- because of the name -- rather than take an equal or better boat ride in Canada.

Even if it were true that a boat's name is more important than the ride itself, the name "Maid of the Mist" has been in use at the Niagara Parks since 1885, long before Glynn came and started using it in 1971.

The recently expired Maid of the Mist lease, which Glynn signed in 1989, states in paragraph 6.03: "Tenant (Glynn) acknowledges that it does not claim any interest in or rights in the words 'Maid of the Mist' and NPC is free to use 'Maid of the Mist' in identification of its structures, retail or promotional material."

Glynn claims, however, he snatched the name away from Canada.

"We have both United States and Canadian trademark registrations for Maid of the Mist," said Tim Ruddy, Glynn's marketing vice president, suggesting the NPC can no longer use a name they have used for 124 years, should Glynn not win the bid.

Something here bears investigation.

On May 21, 1993, four years after he signed the Canadian lease saying he "does not claim any interest in or rights in the words 'Maid of the Mist,'" Glynn registered with the U.S. Patent and Trademark Office for trademark on the words "Maid of the Mist" under "sightseeing boat services."

Glynn admits "the mark was first used with the services as early as June 1885," long before he was born. Then he did something daring.

"Being duly warned that willful false statements made in this application are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the United States Code," Glynn declared, "Applicant (is) the owner of the mark sought to be registered; that, to the best of his knowledge and belief, no other person, firm, corporation, association or other juristic entity has the right to use the mark in commerce."

Glynn made this sworn statement in 1993, knowing that in 1989 he signed a lease acknowledging that he "does not claim any interest in or rights in the words 'Maid of the Mist' and NPC is free to use 'Maid of the Mist.'"

Under penalty of perjury, Glynn swore he not only exclusively owned the name, but was the only entity using the name, even though the NPC was using it at that time for their "Maid of the Mist" store and other promotional venues.

After Glynn obtained the U.S. trademark, he went to the Registrar of Trademarks in Ottawa, Canada. Swearing he had lawfully obtained the U.S. trademark for the words "Maid of the Mist," he neglected to inform the Canadian government about his 1989 lease, in which he acknowledged he did not have "rights in the words 'Maid of the Mist.'"

An American, James V. Glynn, trying to snatch the name away from Canada, attested to the Registrar, "The trademark has been duly registered by the applicant in the United States of America, the country of origin of the applicant (Glynn), on March 29, 1994. ... The applicant has used the trade-mark in ... the United States of America, and the applicant requests registration of the trademark (in Canada)."

Glynn used his U.S. trademark to get the trademark for Canada in April 1994. Now, curiously, Williams, a Canadian, is supporting the theft by the American Glynn of the historic and iconic name "Maid of the Mist" from the nation of Canada.

Curtain of secrecy lifting to reveal secrets inside Niagara Parks Commission

December 18, 2009

Niagara Parks Commission makes meetings public

Facing heavy criticism, the board that oversees Niagara Falls ends closed-door gatherings after 124 years

Stung by recent fallout from its secretive business practices, the Niagara Parks Commission has decided to open its meetings to the public for the first time in its 124-year history.

The commission's 10 to 12 politically appointed members, who oversee management of public land at Niagara Falls for the Ontario government, have faced heavy criticism for closed-door decision making, notably an untendered 25-year lease they wanted to grant to the Maid of the Mist tour boat operation.

Ontario Tourism Minister Monique Smith overturned the decision this fall and ordered an open bidding process after two government-ordered audits uncovered problems with governance and business practices at the commission. Its former chairman, Jim Williams, resigned this month in a dispute with Ms. Smith over the Maid tendering process.

At a closed commission meeting Friday, member Vince Kerrio won unanimous support for a motion to open future meetings to the public and media.

"For me, I'm just tired of the innuendo that things aren't done properly; that [the commission is] an old boys club," Mr. Kerrio, a Niagara Falls city councillor, said in an interview. Open meetings are "the only way to put it to bed and get on with our business."

Archie Katzman, the commission's acting chair, cautioned members that the move might need provincial approval, but Ms. Smith told The Globe and Mail that the commission has full authority, under the Niagara Parks Act, to make the change.

"I'm happy that they're embracing transparency," Ms. Smith said, while adding that "certain commercial and human resource issues" will still be dealt with in private, as they are at municipal councils.

Niagara Parks Commission goes public

Historic move to open meetings would see agency run like a city council