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Email to Mayor: Who’ll Step Up, Take Responsibility?

In CITY GOVERNMENT, EMAILS TO MAYOR / COUNCILLORS, LETTERS TO THE LOCAL PRESS on October 12, 2010 at 7:41 pm

Frank Murphy — October 12, 2010
Re:   Long road ahead to recover money
From:    <frankmurphy@shaw.ca>
To:    <Mayor&Council@nanaimo.ca>
CC:    <GeneralManagers@nanaimo.ca>

Mayor Ruttan,

I was concerned about a comment attributed to you in today’s Nanaimo News Bulletin (Long road ahead to recover hotel money, Nanaimo mayor says) and before I sent my response to the paper I wanted to ask you about it. It occurred to me that there is a very good chance that the comment is reported in error. This is the comment:

“Ruttan, who was elected in 2008, said he wouldn’t be surprised if the case eventually goes to an arbitrated settlement, adding that any money returned will be good for Nanaimo taxpayers.”

It is very difficult for me to believe that with a BC Supreme Court judgment in the City’s favour in hand, you would let the lawyers for the firms in default believe that you are already offering to have the matter settled by arbitration.

I sincerely hope you will be demanding a retraction from the paper as I can’t imagine that you said such a thing.

The article attributes to you also the comment that “many of these companies are shell companies with few assets.” Am I to believe that you do not in fact know if these contracts have or have ever had any enforceability?

Who will step up and take some responsibility here?  This comment was attributed to then Deputy City Manager Al Kenning in the Bulletin on November 12, 2008. Based on this assurance Nanaimo citizens voted for a new Mayor and Council days later.

“All costs and fees paid by the city for the project would also be returned to the city if it were found the contract was in default,” said Kenning. “

I would not for a second begrudge the Read the rest of this entry »

Four Year Terms for Council?

In CITY GOVERNMENT, EMAILS TO MAYOR / COUNCILLORS, LETTERS TO THE LOCAL PRESS, MUNICIPAL/PROVINCIAL AFFAIRS on September 24, 2010 at 8:48 am

Ron Bolin —  September 24, 2010
Letter to the Editor:

Tom Fletcher’s piece, “Municipal politicians to vote on four-year elected terms”  (Bulletin, Sept. 23, 2010) raises an important question: When was the public asked for their approval to give four year terms to municipal politicians?  Does the public have any say in this matter or have we somehow given permission to our elected city officials to give themselves a longer reprieve against our disapproval?

The U.S. House of Representatives must ask the public for their approval every two years.  For a century, Nanaimo Councils were elected annually, then came 2, 3 and now proposed 4 year terms in rapid succession. Do we feel that our oversight is no longer required so frequently as we all approve of what is happening to our town?  Are elections so onerous that raising money for elections is getting harder for the businesses and unions which are their primary funders?  Who should be voting on four year terms, the governors or the governed?  Is this the kind of vote that we are sending our Councillors to Whistler to take on our behalf?  Should we not be demanding our say in this matter?

Ron Bolin

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Maffeo Sutton Park Need Food Carts

In EMAILS TO MAYOR / COUNCILLORS on September 16, 2010 at 9:59 am

Jim Taylor —  September 16, 2010
Follows is a portion of an article I posted on my website www.nanaimoblog.com today. I have also sent it as a letter to local press and to each member of council.
I believe it offers a very positive suggestion which should result in a win win win win situation. With that in mind, I expect much resistance. :^)
Maffeo Sutton Park NEEDS Food Vendors

To City Council, staff and Economic Development Committee:

Nanaimo is always looking for ways of promoting itself as a ‘destination’ city for visitors from around the world. We have a world class convention centre and casino of reasonable size, next year we will have a cruise ship terminal designed to entice world travelers to our shores.

With that thought in mind the city should encourage the addition of as varied a bunch of food carts as the business community can think up to occupy Maffeo Sutton Park and our delightful waterfront. Make no mistake, a specialty food, done to perfection will make people come downtown simply to satisfy their taste buds.
This idea of course is the opposite of the current city policy of limiting Maffeo Sutton Park to only one vendor. This is a policy which is difficult to understand and is opposed to the free market system. It is great news if you are the one vendor awarded the contract, but not so good if you happen to want a variety of food to sample.

I propose that city council give considerable thought to the idea of developing a diverse food cart business in our parks and along our lovely seawall. Leave the problems of what types of food to offer to the buying public. If vendors offer unpopular food, they will be gone soon enough. To encourage the development of what could become a reason for visiting downtown, whether you are a resident or a cruise ship passenger, I suggest they offer cart space for half price the first year to entice vendors to participate. This would be a win win win win situation as the business people operating the Read the rest of this entry »

Signs of the Times: Management of Signage in Nanaimo

In CITY GOVERNMENT, EMAILS TO MAYOR / COUNCILLORS on September 11, 2010 at 6:43 pm

Email from blog reader Jim Galloway

—– Original Message —–
From: Jim Galloway
To: Ron Bolin
Sent: Saturday, September 11, 2010 10:57 AM
Subject: Fw: Management of Signage in Nanaimo

Ron,
Please be good enough to arrange for this email to be posted to the Nanaimo blog.
Thanks

Jim

—– Original Message —–
From: Jim Galloway
To: mayor.council@nanaimo.ca
Cc: Mitch Wright
Sent: Saturday, September 11, 2010 10:54 AM
Subject: Management of Signage in Nanaimo

Mayor John Ruttan and Councillors,
City of Nanaimo

No doubt your attention has been brought to the Nanaimo News Bulletin full page ‘advertorial’, Sept 9th, wherein “The Soakhouse is turning 3 years old!” i.e. the rubber ducky.

If I might cut to the chase, I view this material as a piece of crap! The expression ‘blowing smoke’ comes to mind. Not only has management of The Soak House clearly contravened the guidelines established by our Bylaw, but it is also showing poor taste and effectively rubbed the nose of Council in it. Isn’t there a point of pushing the limit? Respectfully, the credibility of Council is now at stake.

As you know, for what is now approaching the better part of three years, Council has permitted the real estate, contractors and developers of our City to have cart blanche when it comes to signage. Are we now going to extend the moratorium to the business committee? Isn’t it time for Council to get off the fence and show some leadership on these matters? The alternative is laissez-faire. As one of the general public, I submit that is unacceptable.

Surely Council does not have to be reminded Read the rest of this entry »

Due Process?

In CITY GOVERNMENT, EMAILS TO MAYOR / COUNCILLORS, FINANCE POLICY COMMITTEE OF THE WHOLE, QUESTIONS TO COUNCIL, STAFF on September 6, 2010 at 1:58 pm

Ron Bolin — September 6, 2010

Complaint to the Office of the BC Ombudsperson

att. Ms. Kim Carter   September 6, 2010

Ms. Carter:   I have attached below the email exchange which I believe covers the requirements outlined on your web page for launching a complaint, in this case against the City of Nanaimo.  My complaint focuses on the negligence which I feel has been perpetrated against the citizens of Nanaimo due to a decision taken in camera by City Council to advise Staff to ignore the city’s Sign bylaw on behalf of some transgressors.  The issues which I find to be raised in this matter are as follows:

  1. The City lacks authority to secretly, in camera, amend or ignore its own bylaws, thus conferring benefits on one group of citizens at the expense of others.  I am informed of complaints about this matter which have been ignored over a long period of time;
  2. The interpretation given in Ms. Harrison’s response of the legislation dealing with in camera decisions is so broad as to represent a threat to the whole body of bylaw legislation which has been developed to protect the rights of citizens;
  3. The length of time which has transpired since the inception of that in camera decision, about 2 and one half years, without developing “…an alternate method to address this type of signage…” is prima facie evidence of the illegitimacy of the argument presented; and
  4. This matter calls for the immediate disclosure of any similar in camera decisions which affect citizen’s as regards their municipal rights and freedoms.

Accordingly I request that your office, using the powers granted to you in the Ombudspersons Act:

  • a) find the City’s application of the Community Charter’s in camera legislation to be without basis and recommend that either the existing Sign bylaw be enforced or that it be amended or replaced forthwith and further that the City be reprimanded for refusing to Read the rest of this entry »

Email to Councillor Unger

In EMAILS TO MAYOR / COUNCILLORS on September 4, 2010 at 9:30 am

Dan Appell  –  September 4, 2010
Dear Councillor Unger,

Thank-you for listening to my comments at the financial planning meeting, August 30, 2010.

After the meeting you asked me for a definition of “sustainability.” This definition is culled from a variety of sources and seems to be widely used. I find it useful.

Sustainability involves the maintenance of the systems that sustain us, so that these systems can continue to sustain us, and our children and our grandchildren and so on.

The definition provided by city staff for the production of the revised OCP is not incorrect. It is cumbersome, and much harder to put into practice.

You said that you thought the term was somewhat trendy and en vogue. This is ironic, because decisions regarding “sustainability” have the longest reach into the future and the broadest effect on the present.

If I may, I would like to offer you an easy to use guide that might help you make decisions that maintain the systems that sustain us — Always seek solutions based on the efficiency of their practice. Remember, efficiency has three components; productivity, consumption and waste. Efficiency is improved when productivity goes up, consumption goes down and waste is eliminated. If every idea, or design is tested based on its ability to improve efficiency, then it is much easier to find solutions that have a lasting and positive sustainable impact.

I do believe that if every councillor and mayor made a habit of practicing this test, we would soon be discussing sustainable tax decreases, not tax increases.

If you need further explanation or assistance, please feel free to contact me.

Dan Appell

Council’s Budgetary Priorities: Unreported & Untested

In CITY FINANCE, EMAILS TO MAYOR / COUNCILLORS, FINANCE POLICY COMMITTEE OF THE WHOLE on June 30, 2010 at 9:40 am

Ron Bolin —  June 30, 2010

Mayor Ruttan and Councillors:

At the FPCOW meeting on Monday, the following item was laid over pending further discussion.

“2011 – 2015 Financial Plan Priorities
Staff’s Recommendation: That Council either:
1. confirm the 11 budget priorities previously stated by Council;
OR:
2. provide alternate budget direction.”

I note that the 2009 Annual Municipal Report makes no mention of these budget priorities nor have I seen any analysis of the success or failure of their implementation in the 2009/2010 budget. Neither have I found the methods by which their utility could be measured. I would suggest that, in order to be truly useful, such measures and analyses should be implemented in the future and should be presented to citizens in the City’s Annual Report. I suggest this topic for discussion at the eventual seminar and would further suggest that a method of public involvement in this discussion be found.

As an aside, I note that the budget is one of the City’s primary activities which has no accompanying advisory committee. While one must recognize the primacy of Council in this area, in the end it is also primary in all other committee areas and appointed advisory committees are just that, advisory.

Thank you for your consideration.

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Who’s in Charge Here? – A letter to the Mayor and Council

In CITY GOVERNMENT, EMAILS TO MAYOR / COUNCILLORS, QUESTIONS TO COUNCIL, STAFF on May 12, 2010 at 11:35 pm

Mayor Ruttan and Council:

At the Council meeting of May 10, a $5 million contract came before you (RFP 1003) which appeared to be passed in large part because Staff reported that they had obtained legal advice that if it were not awarded, the City might be open to litigation. Councillor Sherry, late in the discussion, reminded all present that no contract larger than $250,000 could be awarded without approval from Council.

I would like to know whether the authority to inform bidders of the results of a bidding process was open to Staff without Council’s prior approval given that this apparently leads to legal obligations which override existing city signing authority bylaws and apparently supersedes Council’s authority. Has Council allowed Staff practices to trump Council’s obligations to govern under the bylaws of this city? Was legal advice sought regarding this specific problem?

I await your response and ask that you also consider this question: Have you ever found a lawyer who is willing to stipulate that there is no risk of litigation from any action that might be taken? In other words, is it ever reasonable to anticipate a legal response which does not reflect a possible risk? And if it is not, then how are we to measure the magnitude of the risk so that the response is of value in the real world?

Ron Bolin

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Email to Mayor & Council: Condition of the Bus Terminal

In EMAILS TO MAYOR / COUNCILLORS on May 5, 2010 at 9:15 am

To: mayor.council@nanaimo.ca
Sent: Wednesday, May 05, 2010 8:51 AM

Subject: Condition of the Bus Terminal

Mr.Mayor:
As a businessman, you rightly have an interest in the travel industry.As Mayor, you also have an interest in attracting visitors to Nanaimo, and over the past number of years the City has allocated  substantial resources towards this end.
The purpose of this letter is to bring to your attention the appalling condition of the bus terminal off  Comox Road near Terminal Avenue.To say that the condition of this facility is disgusting in every sense of the word is an understatement.The exterior entrance and surroundings is a disgrace,and the interior is even worse.
I am aware that the City is not responsible for the condition of this facility.However it is a gateway for travellers and visitors, representing a first impression of the City to many, and therefor should be a concern to Council and Staff. Is it not possible for the City to initiate a dialogue with the property owner and the lessee and insist that the facility be renovated and maintained at a level acceptable for human use? Perhaps a visit by Mr.Churchill  would be a good starting point to determine if any bylaw infractions are evident.You may suggest to him that he don a gas mask before entering inside as the smell is quite overwhelming.
If it is necessary for a citizen to first lodge a complaint under the unsightly premises bylaw,then please consider this message as a formal complaint.
Thank you for your attention and I look forward to hearing from the City on this important matter.

Wayne Schulstad

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Email to Planners Swabey, Tucker Apr 26 ’09

In EMAILS TO MAYOR / COUNCILLORS, QUESTIONS TO COUNCIL, STAFF, UNCATEGORIZED on April 29, 2010 at 8:00 am

Andrew and Ted – Can you tell me — or tell me how I can find — the status and the timelines of the Port Place Mall redevelopment? It’s sparking a lot of interest on the new blog NanaimoCityHall. Also, can you tell me if there’s been feedback on the development proposal from Franc D’Ambrosio’s firm in regards to how it does or doesn’t reflect the approach recommended by the Downtown Design Guidelines?

Have a look — It would be great to hear from you on the blog.

Thanks -

- Frank Murphy

cc/mayor.council.nanaimo.ca

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