The Next Federal Election, and what should be.

Not long after writing this post, I was made aware of this website.

The idea is simple: they took poll-by-poll results from the last two elections and re-ran the elections with the new Electoral Districts being proposed across Canada. The results locally are interesting.

Here are the existing ridings for the Lower Mainland, and the results from the 2011 Federal election. I shaded ridings by winning Party, dark if they won handily, and pale if the Party won a close one (“close” I arbitrarily set at a 5% lead over the next closest rival, which is pretty much within pre-election polling error).

And here is the same area, with the proposed riding boundaries for the next Federal Election, and how the 2011 election would have ended, assuming everyone voted for the same party, regardless of the newly-drawn riding boundaries:

Remember, this reflects exactly the same number of voters, and exactly the same votes: so no change at all in the percentage of popular vote for any party. What does change is who goes to Ottawa.

With the existing boundaries, MetroVancouver will be represented by 11 CPC, 7 NDP, and 2 LPC MPs. With the proposed boundaries, the same area will be represented by 17 CPC, 5 NDP, and 2 LPC MPs. Exactly the same votes, and the result sees the Conservatives gain 6 seats, the NDP lose two. Are we supposed to believe this is a coincidence?

There are a couple of caveats that should be acknowledged when looking at this data.

This revised data is useful mostly in the extreme case: it is highly unlikely that the 3,000 votes in NDP-leaning Queensborough will have any influence on the 30,000 votes in Conservative-dominated Richmond once the two are put in the same riding. You can see this in complete lack of change “around the edge” of the map, where solid Conservative leads would not be threatened by any change in boundaries, and the East Side of Vancouver will always be NDP.

However, what the impact on the old New Westminster-Coquitlam riding is less certain. According to last election’s poll-by-poll results, the new riding of Port Moody – Coquitlam the loss of the strong-NDP Sapperton polls would hurt Fin Donnelly much more than the loss of Conservative-friendly Queens Park polls, and the Conservative-leaning Coquitlam vote would swing the riding to that party by the thinnest of margins- about 0.95%, or less than 400 votes.

This brings up the bigger supposition: that people vote strictly along party lines, and those party lines never shift. We know that isn’t true for much of the population. Fin Donnelly is a great NDP Candidate, and appealed to a lot of people in Conservative-leaning areas, just as Diana Dilworth appealed to many people in NDP-leaning areas. Fin now has real incumbency behind him, the NDP are gaining in the polls, and there is no guarantee that Dilworth will run again, Fin could still win the new Coquitlam-Port Moody riding, or a “Star Candidate” for the Conservatives could win by more than the thin margin above. Candidates and Pary matter: which is why a distribution that doesn’t fairly represent the popular vote is such a problem. 

This may sound like an NDP partisan whinge, but if there is one thing upon which we should all agree it is that we want the representation in Ottawa to represent, as best as possible, the popular vote. That is the fundamental basis for Representative Democracy, and the entire purpose of this Electoral District Redistribution: to adapt the House of Commons to the growing and shifting population. The Growth of Greater Vancouver means we are getting 4 more seats. However, if we want to fairly represent this population, how should those seats be distributed?

Look at this table I made, again of data from the PollMaps database:

For the combined 20 ridings in the above maps, the popular vote in the 2011 election was 45% for the Conservatives, 31% for the NDP, 19% for the Liberals, and the Greens an everyone else split the other 6% of the vote.

That resulted in 11 seats for the CPC (55% of the total seats available), 7 for the NDP (35%), 2 for the Liberals (10%), and none for anyone else. The Blue numbers are the number of seats each party should have got, based on a distribution of seats that matches their popular vote. Overall, the distribution was not perfect, but in the grand scheme, it wasn’t too bad for a first-past-the-post system.

Now look at the proposed boundaries data. Ideally, redistribution should push us towards the ideal here. Instead, the over-representation of the Conservatives get bigger (71% of seats from 45% of the vote!), while the NDP and Liberals get less representation and the situation for the other parties doesn’t change. All of the extra seats go the party that is already overrepresented, plus seats stripped from a party already under-represented, while doing nothing to help the other under-represented parties!

This is an opportunity lost. With proportional representation in European model, those 4 new seats could be reserved for representatives from parties that are underrepresented.

The Conservatives can keep their 11 seats: the number out of 20 that they won, and the number out of 24 that represents their popular vote.

The NDP keep their 7 seats (well, lose one, but are granted a “proportional seat” for no net gain): this is one more than they won out of 20, but fairly represents the number out of 24 that represents their popular vote.

The Liberals keep their 2 seats, and are granted 2 “proportional seats” to bring heir total to 4: the number out of 24 that represents their popular vote.

The final proportional seat is given to the Green party, as out of the 6% “others”, about 80% of that was for the Greens, meaning 5% of the total popular vote.

This way, we meet the “ideal” number of seats, as per popular vote. Of course, this is a local example, but the same results can be drawn at the Provincial Level, and at the National level. All it would take is the wholesale re-writing of the Canadian Constitution and Parliamentary system. We have three years until the next election, let’s get started!

He’s a Fletcher, but he’s no Fletch

I loved Fletch – the books and the movies. The books were darker and more cynical than the Chevy Chase vehicle, but I thought Chevy did his best work in the first Fletch. So please accept that my fandom may colour comparison of the investigative reporting skills of the fictional Irwin M. Fletcher with the hackneyed opinion making of BC’s own Tom Fletcher.

The columnist for Black Newspapers is predictably right-of-centre and comes from a free-enterprise-uber-alles all-government-are-clowns viewpoint. No problem with that, people have opinions, and I don’t expect everyone to agree (look at some of the crap I write – if you don’t disagree with me sometimes you just aren’t thinking!), but I’m a local blogger, he is a regionally syndicated Professional Journalist.

His recent column in the print version of the NewsLeader (and syndicated Province-wide) shows that he isn’t a very good one. I wanted to go through line-by-line and talk about the hundred types of wrong in this column (“Robert Redford!?”), but it just got too deep and too boring, even for me. So this long post is a few thousand words short of where it should be. You get what you pay for.

In this column, the estimable Mr. Fletcher attempts to fix some of the “ignorance” he has seen and heard in discussions questioning merits of Oil Pipelines. These misconceptions are being “exploited by some opponents”, and he wants to set the record straight.

Fact checking is an important part of the profession of Journalism, so we should thank him for his efforts.

Except that he gets pretty much everything from that point forward wrong. Not just the facts, but the part about being a professional Journalist.

Again, I don’t want to go through this line-by-line, but let’s take the major premise of the first half of his column – oil pollution ain’t so bad – and do a little fact-checking.

“A global study by the Smithsonian Institution in 1995 calculated the amount of oil making its way into oceans this way: Big tanker spills accounted for 37 million gallons a year, about five per cent of the total marine oil pollution identified.

“By far the largest source was oil runoff from land into drains, from oil changes, municipal and industrial wastes and other sources: 363 million gallons. Bilge cleaning and other routine ship maintenance added 137 million gallons, four times the tanker spill average.

“Air pollution from vehicles and industry deposited hydrocarbon particles equal to another 97 million gallons; natural seeps added 62 million gallons; offshore drilling discharges accounted for 15 million gallons.”

It’s nice that Fletcher gave us a reference, a global study by the Smithsonian Institution published in 1995 should be easy to find. It also tells us where he might have got the information from. Presuming Tom gets his “information” from the Internets, he might have picked it up from here or here. Or, even more likely, he got it directly from his buddies inside the BC Government.

Notably, that’s not where the actual data came from. The citation the BC Government provides does not link to any Global Study, as no such study was performed by the Smithsonian. Or anyone else in 1995 for that matter. The numbers come from a 1995 travelling science exhibit put together by the Smithsonian to teach about Ocean Ecology.

I’m not sure how many oil-industry spin cycles this dataset went through before Tom pulled it out and hung it on the line (and, problematically, neither does Tom), but hey, he’s a Professional Journalist – and it would have required a few more Google clicks to look for the original Smithsonian display text, and follow their citation

“National Research Council (2002) Oil in the Sea: Inputs, Fates and Effects. Washington, D.C: National Academy Press, May.”

Now we are getting somewhere. The National Research Council is a public research body, so the source of the data is available on-line, and we can assess the quality of the data (you know, Tom, like real reporters do). We find that there is no actual report that fits the above citation perfectly. There is a 2003 report by the NRC called “Oil in the Sea III: Inputs Fates and Effects”, which is pretty close:

“Oil in the Sea III: Inputs Fates and Effects, 2003”

It would be hard for a 1995 travelling science show to cite a 2003 paper, even with the Smithsonian’s money, so we need to go back to the older report “Oil in the Sea: Inputs Fates and Effects” done in 1985, which is also available here:

“Oil in the Sea: Inputs Fates and Effects” 1985

You can read the whole thing (it is interesting!) but maybe for the purposes of this post, just skip to the table on page 82, which lists estimates of Global input of hydrocarbons into the oceans. This looks good.

Also notice the text around the report about the meanings of each of the inputs, you really need to spend a few minutes putting this study into context. Then look at the similar table in the 2003 report I linked to above (the table is on page 69) – and note the long discussion about how far off the 1985 estimates were, and for what reasons. I put together this handy table so you can compare the numbers Tom chose to hinge his entire argument on, with actual data from which he allegedly got his numbers.

“Fletcher” are the numbers Tom regurgitated uncritically
“1985” are the best estimates from the 1983 report, converted from million tonnes to kilotonnes.
“2003” are the “best estimates” for global inputs from that report.

It doesn’t matter that the figures are in different units (Millions of Gallons versus kilotonnes), because his argument hinges on comparisons of oil spills with other inputs, so I decided not to do the conversions so I won’t be accused of misquoting the tables or cookingthe books. You can still compare the three sets of numbers on piecharts:

You can see there are three very different datasets. Which do you have the most faith in? The most recent study that built on the older study while acknowledging the flaws, or the random numbers presented by well-meaning science educators in 1995 from an flawed at-that-time 10-year old study? Which set of numbers did Tom run with? If you were a Professional Journalist, which would you use in order to address “misconceptions” that are creeping in to the Pipeline debate?

You may ask “So what? Who cares if his data is shit?”

I would say that even if it weren’t built on crappy data – his argument is flawed! The data is almost 30 years old, so the “oil runoff from land into drains” in the 1985 report included industrial waste runoff – primarily from petrochemical industries – and other waste streams from operations that are clearly not done by “you and me”. These are coming from things like oil terminals and refineries similar to the one his boss wants to build. I’m not sure how making statements like “Bilge cleaning and other routine ship maintenance added 137 million gallons, four times the tanker spill average” is supposed to endear us to having a tanker terminal on BC’s Northwest coast – why worry about a spill if bilge cleaning will cause more oil pollution!?!

This is also built on the premise that a little bit of oil spilled into a thousand small streams will have the same impact as millions of litres of oil spilled into one estuary. This is simply false. The impact of a single spill event can be catastrophic, and the minuscule amount of hydrocarbons in street run-off is less than optimal, but is generally metabolized and dissipated on the ocean before it can have harmful effects on the ecosystem.

I’m not minimizing the problem – Municipal runoff is generally bad stuff with trace levels of metals and hydrocarbons – but through significant changes since that 1985 report (oil and oil filter recycling programs, oil-water separator systems in storm drains, AirCare and similar emissions testing programs that remove unburned hydrocarbons from exhaust, standardization of dry-clean-up methods in the automotive repair industry, Laws regulating the handling and disposal of dry-cleaning solvents, etc. etc.) the situation in 2012 is way better than it was. I digress.

Admittedly, this is not an Investigative Journalism piece- it is an opinion column. So maybe I expect too much of a Professional Journalist writing an opinion piece to spend 5 minutes on Google to see if his data is correct (because that is how long it took me to collect the data above and demonstrate that his data is crap).

I fear somewhat that it is the data being used in a technical memorandum prepared by the BC Government, but that’s an entire other blog post.

I am going to give Fletcher the benefit of Hanlons Razor, and assume he is an incompetent and lazy journalist, and not intentionally using crappy data because it better makes the point of his “opinion”. Incompetent or lying, it hardly makes a difference, I’m not sure why Fletcher’s opinion is something anyone would find worth reading.

PS: By the way, “Cambridge Energy Research Associates” is not associated with Cambridge: the university or any of the universities based in Cambridge, Mass. It is the “energy market consulting” wing of the publicly traded industry publishing corporation “Information Handling Services”, or “IHS Inc”. It doesn’t take long on their website to see who butters their toast. And the study to which he refers “Oil Sands, Greenhouse Gases, and European Supply: Getting the Numbers Right” does not actually agree with the numbers Tom provides in his column. Those numbers are actually from page 6 of a recent Shell Oil pamphlet talking about how great Bitumen Sands are, which in turn cites the CERA… Yep, he did it again.

Hanlon’s Razor is looking pretty dull these days.

Will the NDP kill Mining in BC?

I was prompted to write this post by a Twitter conversation last week. One of the local #NewWest Twitterati opined (not for the first time) that mining and exploration money will abandon British Columbia if the NDP are elected. His opinion seems worthy of consideration: although he is an outspoken supporter of the BCLiberals, he has also built his career in mineral exploration, so maybe this is more about the job than the politics?

Problem is, it contrasted with my (much shorter) personal experience with mineral exploration in BC. A few years after completing my undergrad, I worked a bit of the BC Geological Survey Branch, wandering around mineralized parts of Central BC helping put potential mineral exploration targets on maps. Ms.NWimby had a real job with the BC GSB, conducting geochemistry and drift exploration studies in other parts of the Province, for much the same reason.

At the time, exploration in BC was suffering. There were not that many jobs in BC for just-out-of-school grads in geology. True, the NDP were in office, but I don’t remember anyone talking about that. When talking to small placer miners up the Omineca Mining Access Road, they were talking about one thing only: gold prices. There were sole operators up there who were putting all of their gold into safety deposit boxes, because at under $300/ounce, it wasn’t worth selling.

When Ms.NWimby and I moved to Illinois, we went there to work for the Illinois State Geological Survey, partly because the writing was on the wall for the BC GSB. The message from the incoming Liberal Party was to not expect any investment in the BC GSB: layoffs were coming, and it was time to pull up stakes and find other opportunities if we wanted to do geological science.

So I thought I would look back at how BC governments have impacted exploration spending in BC since Dave Barrett’s rule. Easy. The BC Government produces a list of historical annual exploration expenditures in the Province. Not Government expenditures, mind you, but private sector investments in the future of BC mineral industry. This is the money that disappears quickly when the private sector get scared that the Government of the day is “unfriendly”. It is also a much better measure of “industry confidence” than actual mining revenue, as mines take a long time to set up, and once operating, carry a lot of momentum – so they tend to last through multiuple administration changes.

I plotted the exploration investment data, Millions of Dollars per year, against the years of Social Credit, NDP, and BCLiberal rule, from just before Dave Barrett’s short 1970s government through the longer late-90s NDP and the current BCLiberals. It sure looks like there was less spending during the NDP. Just look at the precipitous drop in 1997:
There was another event that was big news in the 1990s that hurt mineral exploration. The Bre-X scandal was huge news in the Earth Sciences Department at my University, and in the Canadian mining sector. Actually, that is an understatement. It was, after all, the biggest mining scandal in history, and it happened right here in Canada. It pulled the money-carpet out from under every junior mining exploration stock on the Toronto and Vancouver Stock Exchanges. The effect it had on how much all those companies spend on exploration is obvious:

Aside from thsi single event, we need to think about where this exploration money comes from – selling stocks in Junior Mining Firms. When people invest in these companies, they are, of course, thinking about potential return-on-investment. That return is essentially based on two things: the company’s chances of finding a marketable amount of metal, and the price of the metal when they market it (don’t start me on the whole pump-and-dump factory that was the VSE). Read any junior mining prospectus, and those are the two things they talk about at length.

So what happened to metal prices over that same period? (please follow links to find the Government references to all the data I use below, I don’t make this stuff up)

I went to the USGS and looked up their historic mineral stats to find the value of those metals as commodities on the world market. I then compared that to the actual minerals BC produces the most of. According to the Government of BC, 59% of BC’s mineral industry value comes from Copper, 17% from Gold and 11% from Zinc. Essentially, 87% of the money BC makes from mining metals comes from these 3 metals, and their value has changed over the last 40 years:

To combine this into a single graph, I turned all three numbers into price indexes. I divided each year’s price by the 1971 price, so this graph shows the value for the three metals compared to their 1971 value.

Notice gold changed more than other metals, but represents only 17% of BC’s metals wealth. So I multiplied the numbers above by the percentage of their proportion of BC metals wealth, according to the BC Government stats from above (Copper *0.59 + Gold *0.17 + Zinc *0.11). We get a single graph of the change in value of 87% of BC’s mineral wealth over the last 40 years, not due to Provincial Government action, but simply due to the fluctuations in global metals markets:

Then lets project that graph over the original one showing exploration spending:.

Then I ask you, does it look like the government in Victoria has as much effect on the amount of mineral exploration money spent in BC as the global metals markets? Who was more responsible for the jump in the late 1970s- Bill Bennett or the Hunt Brothers? Was Gordon Campbell responsible for the value of gold taking off after 2001? Was the NDP responsible for Bre-X?  

Even the greatest “socialist” insult to mining exploration – the dedication of the Tatshenshini-Alsek Provincial Park, which killed the massive Windy Craggy Mine project – is hardly a blip in the exploration-investment graph (it took place in June, 1993), despite what the Fraser Institute may say. I added that arrow, only to contrast the impact of the Tat announcement with that of the Bre-X fraud. (Funny, the Fraser Institute site returns no searches for “Bre-X”).

So unless Adrian Dix has the power to single-handedly manipulate the world metals markets, I will treat the “NDP will kill mineral exploration” meme as just another case of political hyperbole that doesn’t fit the data.

Meandering about Jerry

Here is an issue where I just don’t know what to think yet.

It appears that the proposal for redistribution of Federal Electoral Ridings will bring to an end the two ridings New Westminster shares with Burnaby (on one side) and Coquitlam and Port Moody (on the other). This is nothing unusual, something the Federal government does every decade or so, in a quasi-non-partisan way.

The current proposal sees the number of MPs going up to 338, and for New Westminster to comprise its own single Electoral Riding, except for Queensborough, which will be globbed as an after-thought onto the Eastern (and dominantly rural) part of Richmond (more on that below).

For those with short memories, New Westminster has only recently become a two-riding City. It was only 9 years ago (see what I mean by “decade or so”?) that the Burnaby-New Westminster-Coquitlam riding represented by Reform-vaa-Canadian Alliance-vaa-Conservative MP Paul Forseth was split into more manageable bite sizes, opening the door for Peter Julian to take the Burnaby side and (eventually) Dawn Black to take back the Coquitlam side. It wouldn’t be a surprise to most, however, that aside from Forseth’s inexplicable 11 year reign, New Westminster has been mostly federal NDP territory since the burgeoning of the Party itself.

Here is a short summary of New Westminster federal politics over the last 50 years (orange=NDP, Red=Liberal, Reform-Conservative=blue):

For someone more cynical than me, the plan to split New Westminster down the middle in 2003 might have been an attempt to split up the NDP stranglehold on the riding, by splitting the vote in half to be watered down by the more Conservative (or Liberal) Coquitlam and South Burnaby. The same cynic would suggest the re-amalgamation is an admission of defeat, with the hope that all of the NDP support can be concentrated in one Riding. But I’m not that cynic.

My first reaction to the entire redistribution project is that the last thing Canada needs is more MPs stuffed into the current system. The unrepresentative first-past-the-post system, combined with a new era of hyper-partisanship and the morphing of MPs from representatives of their constituents to representatives of the Party, removes any practical or realistic value to having MORE MPs. If there was a 10% increase in MPs related to some sort of proportional representation system, then there may be a cost-benefit issue worth exploring. As it is, we are just entrenching the current system deeper. Alas, maybe I am a cynic.

That said, I think New West is well served by our two MPs. If this change goes through, I suspect that Peter Julian would migrate to the New Westminster riding, as Fin Donnelly is more closely associated with Port Moody (where he was a City Councillor for several terms) and Coquitlam (where he lives and his office is). So my comments below are working on the assumption that it would align that way.

First the good:

• I can vote for Peter Julian! Peter is a great critic, a good representative, and a hell of a nice guy. I have had the opportunity to chat with him a couple of times, socially a few times, and once on a significant issue (Bill C-38 and Fisheries Act changes), and have found him knowledgeable, concerned, and helpful. On the national stage, he has been a force in the Commons and out, one of the most outspoken and well-informed critics of the Harper government. He is not currently my MP- by about 150 feet, but I would vote for him given the chance – and that is nothing against Fin (see “bad” below).

• I can vote against Paul Forseth. During the last federal election, Forseth was the least appealing candidate. A Reform lifer who couldn’t get out of the “us against the socialists” rhetoric long enough to have an actual conversation. His final-week campaign literature, accusing the NDP of facilitating the abduction/rape of children, was disgusting, indefensible, and cynical. I will proudly vote against that type of politics every chance I have.

• Having New Westminster’s interests represented by a single MP, without needing to balance New West’s interests with that of the “other half” of the riding, might mean a constituency office in New West, and a stronger New West-centric voice in Ottawa. I have met with Peter and Fin on issues, and have found both approachable and attentive, so perhaps this not as significant concern, but New West is a relatively cohesive community, it would be nice to have one community Representative in Ottawa, without wondering which side of 8th Street your issue is on.

Now the Bad:

• Less representation for New West. This may be the other side of the last paragraph, but perhaps two MPs from New West is better than just one. Does this “increase our voice” in Ottawa? Provide better access to constituent services? I might be tilting at windmills here.

• Not being able to vote for Fin. He is a bright light in the party: well spoken, likeable, clear on issues. A relative new-comer to the fed politics, he has lead some good campaigns. As an advocate for fisheries ecology and the fishing industry, Fin is a great representative for a City on the banks of the Fraser River. He has also taken an active role in a couple of issues of local interest that are only peripherally “federal”: he met with the NWEP over the UBE issue (trying to “bridge” the communications between his two constituencies), and spoke to the press on the topic of the Pattullo Bridge. Fin may even be in a bit of battle in more conservative Coquitlam without the NDP-friendly New West vote, having only beat Diana Dilworth by 6 points last election, and that would be a loss for Ottawa, not just New West.

• Not being able to vote for Diana Dilworth. She is friendly, smart, personable, and a great listener who seems to have a good grasp of issues and how to relate them to people. I was very impressed with Diana last election, and think she would be a great representative of the riding to any party that actually allows their MPs to represent their constituents (in other words, her talents would be wasted in the current Conservative party). Maybe she should run for the Liberals.

• Fewer Candidates for our Meet & Greet. Last federal election, we had 9 candidates show up for the NWEP – NEXTNewWest meet-and-greet event. With just one riding, that will cut the number in half, making for a less fun event. OK, a minor complaint in the grand scheme of things, but we just got that format worked out, and want to see it continue!

Notice I did not mention Queensborough in the discussion above. I think the “Queensborough question” needs to be addressed separately from the rest, with its own goods and bads. I would love to hear more from Queensborough residents. It seems they are often feeling separated, “cast off” from the mainlanders, getting the short end of the tax and services stick, and perhaps suffer from a bit of a persecution complex about being off the minds of the “Rest of New West”.

At the risk of paraphrasing an old Liberal slogan “My New Westminster includes Queensborough”.

I wonder if this will further increase the real or inferred rift. It might depend on which way East Richmond goes, as it is likely to have a new Representative (the exisiting MPS going to the other re-adjusted ridings). I can see an argument that in areas of federal jurisdiction (ports, agriculture, fisheries act, etc.) Queensborough may have more in common with East Richmond that it does with the Rest of New West, so perhaps their interests are better served having a more in-tune MP? What happens if East Richmond elects a rep from a different party than the Rest of New West? That might be a good thing, or might deepen the rift. Too many uncertainties here, but I want to make the link between Queensborough and the Rest of New West stronger, not weaker.

I hope many of the regular Queensborough community voices will sign up to comment to Elections Canada about this change, for or against it. The City has taken an official position (against it), but I sometimes wonder how in tune they are with Queensborough, based on the tone of the conversation I hear from over there.

If you have an opinion, and would like to present it officially to the Electoral Boundaries Commission, you will have your opportunity on Wednesday, Sept. 26 (7 pm at the Inn at the Quay) but you need to sign up ahead of time. You have until the end of day tomorrow to submit this form.

I have already signed up, in the event I come up with a coherent position on the issue in the next month.

Apparently, Pipelines have two ends.

We are still a full human gestation from a Provincial Election, but the campaign season is in full swing. The BCLiberals are dropping hints of more landmines they are going to leave for the NDP to deal with next year, the cracks are starting to show in the spackle that is the BC Conservative Party, and the NDP seem to have decided it is time to stop watching Premier McSparkles(tm) bail water onto her own sinking ship, and are starting to speak up on specific topics.

At least the BCliberals are getting over their six months of mock outrage that Adrian Dix had not provided a campaign platform for them to critique, fully a year before the election. It wasn’t fair, they whinged, for him to criticize us and not give us anything with which to criticize him back. This seems a fundamental misunderstanding of the role of the Opposition, as there’s no compelling reason for the NDP to offer a platform if they are not the Government, have no power to implement their mandate, and are not even going to the voters asking to be made Government. If the Premier wants to see the NDP platform, then she is free to drop the writ.

However, sometimes the opposition has to strike when the iron is hot, and the iron is very, very hot around the Enbridge Northern Gateway Pipeline right now. The Federal Conservatives keep bouncing between unabashed support and calling for careful scientific review (while concurrently laying off the very scientists who would do that review), the Premier of Alberta sees any pipeline anywhere as her Constitutional Right, and the Premier of BC is rattling something she must think are sabres: trying to look tough, pragmatic and “leaderish” around the issue.

It was a good time, apparently, for Adrian Dix to make his alternate viewpoint on the Pipeline clear.

So John Rustad (who?) responded with vigour. According to Google, the pipeline runs through his backyard, and he is one of the few BCLiberal MLAs who has confirmed he will return to contest his seat in May, so I guess he is a logical voice for the Government on this issue, I just wish his criticism contained more logic. You can read his statement here, and it is an incredible pile of wrong. Either Rustad is unfamiliar with the BC Environmental Assessment Act that he is talking about, or he is purposely misleading people about what it means. Hanlon’s Razor suggests the former, so let’s stick to that.

The BC Environmental Assessment process is not a “unilateral” hearing, nor would the Premier’s expressed opinion about the project mean the project could be “killed” by applying a Provincial Process. In contrast, since the recent Federal omnibus budget bill C-38, the Federal Environmental Assessment process is much less informed by science, as the Prime Minister’s Office or the Minister of Raping and Pillaging can now override any recommendation coming out of the review; including the recommendation of the specific Ministry running the scientific review or the scientists providing the data. The BC EA process does not include any such provision. Simply put, the BC EA process is now the much less political, more science-based process cmpared to the “sham process” (to borrow Rustad’s words) the Federal Government has created.

Here, let me pick one of his paragraphs apart:

“By prejudging the project and the federal environmental review process, the NDP have sent a dangerous message to investors. The NDP are, in essence, saying future resource development should be determined by popular opinion – not scientific review. This begs the question, what other resource projects would they try to halt prior to diligent review processes?”

It is clear that the Federal Government (who are running the current EA) have pre-judged the process; is Mr. Rustad assuming the Feds can run a fair, scientific process despite the bias they have already expressed, the specific language in new Federal EA Act that provides political override of the scientific conclusion of the EA process, and the ongoing gutting of the very scientific jobs that would provide the understanding of the environmental impacts – yet (breath) – the Province under Dix can’t, where there is no legislated ability to subvert the Provincial process? Read the BC EA legislation, does that look like the aforementioned “public opinion” poll? Not at all.

Aren’t the Federal Government and the Government of Alberta saying that all resource development should be approved, regardless of the present or future environmental impacts? what does that say to resource industries hoping to set up shop in BC? Come, pollute our streams, as long as we get a few jobs or royalties as crumbs, not need to assess the cost-benefit!

Finally, could someone in the BC Liberals communication department, the people writing these speeches for Rustad and other announcements, look up what the expression “begging the question” means? Or is it being used ironically here, as he is rather begging the question (in the logical fallacy sense)…

If Rustad had bothered to read Adrian Dix’s actual statement, he might have taken the hint and actually read (or had his communications staff read) the cited parts of the BC Environmental Assessment Act and the changed Canadian Envrionmental Assessment Act before he commented on it. The “new” Federal Act is no longer independent, science-based, or accountable, and therefore no longer in the same spirit as the Federal Act that was part of the 2010 Environmental Assessment Equivalency Agreement (which brought he two acts into harmony). If BC wants to have a legitimate Environmental Assessment of the Enbridge pipeline, it will have to hold its own.

The approach outline by Dix is clear, and completely within the spirit and the letter of the Act while representing BCs interests before the interests of Enbridge, unlike the silly approach proffered so far by the BC Government. Rustad trots out BC’s strange “five minimum requirements” approach for any proposed “heavy oil” projects in BC (that term poorly defined, but clearly not including liquified natural gas or refined oil products) to receive “potential” provincial support, although not outright approval. If the remarkable glut of weasel words in the preamble is not enough to reassure you, just review what those 5 conditions are, the 5-headed hydra of Premier McSparkles’(tm) “principled” position:

1. Successful completion of the environmental review process. This “condition” is actually required by Federal Law, and no-one is expecting the pipeline to go forward without this approval – which raises (but doesn’t beg) the question of just what the hell the Premier thought we have been talking about for the last 2 years!?

2. World-leading marine oil spill response, prevention and recovery systems for B.C.’s coastline and ocean to manage and mitigate the risks and costs of heavy oil pipelines and shipments; A completely nonsensical and unmeasurable requirement. What does “World-Leading” mean? Does every aspect need to be better than everyone else’s? Or just a cumulative? Does she require an insurance scheme and on-board navigation systems more comprehensive than International Law? Would any tanker company agree to that? Why? Who will measure, if it was even measurable?

3. World-leading practices for land oil spill prevention, response and recovery systems to manage and mitigate the risks and costs of heavy oil pipelines; Again, completely unmeasurable. A standard that is not measurable is not standard at all (see the recent Auditor General’s report on the BC Environmental Assessment Office, and assuring conditions are attainable and measurable with rational metrics). Perhaps we can have a spill-response Olympics, to prove our systems are better than those in Azerbaijan and Zaire…

4. Legal requirements regarding Aboriginal and treaty rights are addressed, and First Nations are provided with the opportunities, information and resources necessary to participate in and benefit from a heavy-oil project; OH, Ok, we are making compliance with the CONSTITUTION a condition of approval? Wow, that’s bold. Why again is no-one taking this person seriously?

5. British Columbia receives a fair share of the fiscal and economic benefits of a proposed heavy oil project that reflects the level, degree and nature of the risk borne by the province, the environment and taxpayers. Translate: show me the money. Here is the heart of the “principled stand”. Act tough, hold out for more cash, a mob-style security shakedown.

The BCLiberal approach to the Enbridge Pipeline has been confused, self-contradictory, tone-deaf, a day late and a dollar short. It has lacked in both vision and in understanding of law, from Provincial and Federal EA statutes to the Constitution Act of 1982. It has been an embarrassment for the Premier, and she has, in turn, has been and embarrassment to the Province.In contrast, Adrian Dix has make a clear, definitive statement, citing the specific existing legislation he would invoke, and how he would invoke it. The BC Liberal response is to have some junior MLA ridicule him, avoiding any points of fact, or any specific flaw in his statement, just suggesting he might be “scary” to Enbridge.

Suddenly, the NDP are looking like a Government, the BCLiberals are looking like a desperate opposition.

Signs of Protest

I was driving along Highway 3 this past weekend, along one of my favourite roads. I have driven and cycled this road more than a hundred of times in my life, the 600km from my first Home to my adopted Home. It seems I know every curve, every hill, every summit (can name them off the top of my head, and picture each clearly: Allison, Sunday, Richter, Anarchist, Phoenix, Paulson), every place where the Police hand out tickets.

One of the spectacular stretches for a geologist is west of Richter Pass, as you drop into the wide, flat Similkameen Valley, bounded by the vertical wall of the Catherdal Range of the Okanagan Mountains. The valley floor has a classic underfit meandering river flanked by the shallow drapes of alluvial fans leading up to much steeper scree slopes of colluvium. Traditional ranching and hay fields on the slopes are increasingly being turned over to viniculture, while the orchards of Keremeos continue to pound out unreasonably good cherries, apples, and stone fruit.

Aside from the human uses, these grasslands represent a rare ecosystem in British Columbia: A sagebrush desert. With rapid development up the mountains in the adjacent Okanagan Valley, these ecosystems are under a lot of pressure. To call it a desert makes it sound, well, deserted, but this area has the highest concentration of threatened or endangered species of any similar-sized region in Canada; at least 23 different listed species, from Pacific rattlesnakes to Flammulated owls, and one-third of the red-listed species in the Province. Protection is spotty, development is encroaching, and the ecosystem is threatened.

With this in mind, the (Liberal) Federal Government signed a memorandum of understanding with the (Liberal) Provincial Government in 2003, to do the appropriate feasibility studies towards developing a National Park or National Reserve Lands (the first in the Okanagan). The MOU includes the statement:

“On February 11, 2003, the Government of British Columbia announced in its Speech from the Throne its interest in exploring the potential for establishing a new National Park Reserve in the Okanagan area, and its “Heartlands Economic Strategy” by which economic development plans will open up new opportunities for tourism, resort development and recreation, among other things, in the Province of British Columbia”
Sounds good; a Park plan which will balance out economic growth in an area of intense tourist interest and very unique geography and ecology (currently unprotected by any National Parks), to provide recreation opportunities while limiting impacts. In a region full of seasonal hotels, campsites, fruit stands, and tourists, who could possibly oppose?

People who like to shoot things and burn hydrocarbons for entertainment. That’s who.

A local “No National Park” movement began, led by a small but determined group of hunters and ATV enthusiasts out of Oliver, BC, who were offended that their chosen recreation activities may be even slightly encroached upon in the name of protecting ecological lands or endangered species.

Long story short, after 9 years of consultation, the Province caved. With her characteristic ability to solve problems, bring people together, and provide leadership you can believe in, our Premier was unable to voice support for a Park that had broad local and First Nations support, with backing from a broad range of people and groups across the country. Apparently recreational lead-shooters and gasoline-burners have a lot of voice in one of the last remaining BCLiberal strongholds in the Province. The Federal Conservative Government, citing a lack of interest on the part of the BC Liberals announced this spring that they would no longer explore the Park. Even while they announce a big park up North that will apparently feature spectacular mining expanses.

The fight may be over (or not…), but the signs are still up all through the Similkameen Valley. To me, this entire story has been about a 9-year sign war played out across the Cawston countryside. That small, organized group did a good job plastering Highway 3 with red-on-white signs, stating “No National Park”, confusing the hell out of thousands of RVs from Alberta and Germans in rental cars every year. Really, it does not present the most inviting message to passing drivers: “Wer ist gegen einen Nationalpark?!?”

It has only been the last year or so that a counter-protest sign campaign has started, using much more positive, if derivative, imagery:

And even some more creative approaches:

And now, with the entire thing in limbo, maybe the time was right for the ultimate modern slacktivist movement:

Now there is a protest I can believe in.

?

From the jaws of defeat

It appears, as many suspected, that the campaign to collect signatures and force a referendum on a controversial borrowing bylaw failed to get the numbers required. Initial reports are that they didn’t even get half the number of signatures required.

Contrary to what some may say, I think this demonstrates, more powerfully than a successful campaign would, that the Alternative Approval Process is seriously flawed.

Remember, this process was started when the City decided to request authorization to loan up to $59Million from the Municipal Finance Authority. To do that, they were required to pass a Bylaw, and because of the nature of the loan authorisation, the City was required by the Community Charter to get approval from the electorate to pass that Bylaw. As a referendum is potentially expensive and time-consuming, the Alternative Approval Process allows the City to just send the idea out to the community without the hassle of a full referendum, and see if there is even any appetite for having a referendum about the issue. If no appetite is found (by not getting enough people to sign their disapproval) then a referendum can be skipped and approval is presumed.

Except in this case, the alarm was raised on what is usually a dull procedural process, and there was a coordinated campaign to force the referendum, a campaign that clearly struck a chord.

James Crosty is a hell of an organizer, and proved again that he can raise a ruckus like no-one else in this town. Sometimes I agree with him, sometimes don’t, but I’ll always respect his ability to rally the troops and get the media attention when needed. He makes me think of the Woody Guthrie lyric:

“I ain’t the world’s best writer nor the world’s best speller,
But when I believe in something I’m the loudest yeller

So when Crosty took the charge in this campaign, he managed to put an organizing team together in short order, dominate the local media and editorial pages, create an ongoing Twitterstorm, and gain radio time on CBC and CKNW, all about a little local bylaw issue in New Westminster. The volunteer team no doubt invested lots of time and some donated money to make the campaign happen, including buying ads in the local newspapers. When City Hall would not provide enough ballots or long enough hours for people to collect them, Crosty first shamed them into putting the forms online, then opened his office space to serve as a proxy City Hall.

The way the campaign framed the issue, it was broad enough to encompass people who hated the Tower idea on the face of it, those who had a distrust of the current Council verging on conspiracy theory, those who were concerned about the sustainability of local government debt and the impact on Taxes, and those who just thought referenda were a better way to make decisions like this. A former Mayor and several former Councillors spoke in favour of the campaign, as did current and past School Board Trustees and business leaders in the community. FOI requests were generated, casting more suspicion around details of the Tower and the pull-out of the private partner. Even the Canadian Taxpayers Federation got their unaccountable two bits in on the topic.

So I ask you, if this campaign was unable to hit half the minimum amount of signatures, will any campaign ever hit the mark? Does anyone seriously think an overwhelming majority of the people in this City are happy with this process? Or is the bar set too high, with too many restrictions in place to make it achievable?

Talking to people on either side of this campaign, no-one thought that 4500+ signatures was possible, (note: I never actually asked Crosty if he thought it was possible, so don’t include him or his team in this generalization) and no-one thought that if a referendum was actually called, the Bylaw would be approved by the populace. People were not going to line up to vote “for” the City borrowing $59 Million on behalf of the Taxpayers on a business venture, but a hell of a lot would line up to stop it. In other words, the Alternative Approval Process seemed almost guaranteed to get the opposite result that a referendum would have. That isn’t right, and we can thank Crosty’s campaign for making that obvious.

It is legal, completely legitimate, and something that has happened before in the City. The Community Charter and the Local Government Act allow this process to happen and set the terms for it. The City, I have to emphasise, did nothing illegal or outside of its rights as a Local Government. Maybe the result is for the better good and all is well, but I still hate this process, as it seems by design or by chance, it was set up to fail.

So what can we change? The City could just step up and take accountability on its own behalf and review whether the AAP process should be used in future, and if so, how it might be adapted to get a fairer poll of the populace (remember, the Community Charter only sets minimum standards for the AAP, the City is free to exceed those standards in quest for greater accountability). Perhaps a better idea would be for the Provincial Government (who writes and administers the Community Charter) to acknowledge that this is an accountability problem, and change the Charter to reflect that problem. Perhaps this is a better task for the Municipal Auditor General to undertake than the nitpicking of library or recreation facility accounts.

I don’t know the solution. Hopefully, now that it is out in the light, we can have a rational discussion about what this process means, and how to balance the need for public input and consultation with the need for a Municipal government to operate efficiently and effectively.

The Campaign is over, let the conversation begin.

Politics

As the days count down for the Alternative Approval process, and the citizenry of New Westminster sits in a cat-like state of readiness, anticipating what comes next, it seems as good a time as any for me to noodle on about what we’ve learned, and haven’t.

It has been an interesting campaign to watch for many reasons – almost as many reasons as there have been given for the campaign itself – because no two people seem to agree on what the campaign is even about.

Ultimately, it is all about the Office Tower that the City wants to built atop the New Multi-Use Civic Facility. Since the Uptown Property Group bowed out last winter and the City decided to charge ahead, everyone has been Monday-morning quarterbacking the decision. People bully about the future of the City, including a lot of Real Estate types I have talked to, think it is a good idea, a sound business decision that shows confidence in the downtown revitalization. Others have questioned whether a Municipal Government should be taking business risks with taxpayers’ money.

It is this second group who have been most vocal about the referendum campaign. Most of the talk around this campaign, and the balance of Letters to the Editors, have been of the opinion that the City should not be building the Tower. Many of these opinionists wrongly think that 4528 signatures will stop the Tower from being built, after the hole had been dug, the foundation has been poured, and $12 Million has already been spent on the building. Some go so far as to call the City’s refusing to stop building now regardless of referendum is a display of “arrogance”. This is silly, as the only way the City is sure to lose is if they stop building now…

However, the campaign is not really about the Tower, it is about the $59 Million long-term loan guarantee for which the City is seeking approval, in order to finance construction of the Tower, MUCF, and attached parking garage. Some say this is too much debt for a City the size of New Westminster to take on, and may cause us to go bankrupt if the Tower business model (gamble?) doesn’t work out.

Except, again, it isn’t really a $59 Million loan. It is asking for pre-approved financing for up to $59 Million over the next three years, if required. It is more like a $59 Million line of credit at 1.7%, there if we need it, no obligation to use it. Some of this money will be used to finance things for which we are guaranteed a return on a known schedule (i.e. the DAC funding we are going to get in 2013, but we must spend before we can get reimbursed for it). Some we may spend on the risky stuff, and we are very likely to get some (if not all) in return based on the value built into the Tower.

It is certainly not “risk free”, but the City is securing $59 Million at 1.7% to build an asset that will be worth $100 Million when completed. I imagine there would be a line of developers who would line up to take that risk (but of course, they do not have access to the MFA loan rates). The City has money and assets elsewhere (some, notably, earning more than 3% interest) that by far outstrip this Tower in value. I suspect that is where the City’s financial folks are saying, I paraphrase, “we don’t need the loan to move ahead”. Even after (when) (if) this loan is drawn, the City will only be using less than a third of the total credit available to them from the MFA. the City can make money here for taxpayer, or they can lose some money, but the risk of bankruptcy, even if this tower is hit by a meteor the day after it is built, is so low as to be indistinguishable from zero.

Borrowing from the MFA to build an asset seems like a strategic investment to me, not a dangerous debt.

There is a third thing this campaign is about, besides the Tower and the Loan. James Crosty has taken pains to point it out (although it just isn’t as compelling to most of the Twitteridiots and letter-to-the-Editor-writers as Towers and $59 Million numbers): and that is the Alternative Approval Process itself. Crosty has said several times that this is all about getting the discussion out into the open; bringing democracy out of the shadows, to make it accountable.

The AAP is perfectly legal, and something the City of New West and other Cities have done numerous times before, but it stinks like a flattened skunk on East Columbia. It is effectively “reverse-billing”, by assuming people are happy with a big decision if they don’t line up to oppose it. To ask people to voluntarily engage in that process in the middle of summer, then not make the process as open, transparent, easy, and accountable as possible is to not respect the democratic purpose or the spirit of the Community Charter.

Crosty has said he just wants to call attention to this process, and I have to say he has been pretty damn successful. The unanticipated side of it was that it drew attention to some of the bigger issues behind the Tower, the deals signed (or apparently not signed) between UPG and the City, and the timely disclosure of when the deal started to go sour. Ugly questions are arising about election timing…

Regardless of how this referendum campaign comes out, the City needs to start talking about this. New Westminster is a small town, with many active rumour mills. There are too many people who are willing to publicly fill gaps in their own knowledge or understanding of a process with assumed corruption or malfeasance. The only way to quash that is to fill those gaps with defensible data. And a new building surrounded by rumour, innuendo, and suspicion is going to be a lot harder to sell when that time comes, effectively increasing the “risk”.

Now, I’m not always the sharpest knife in the drawer, but I know a fair amount about the Community Charter and how Municipal Governments operate. I have been reading all of the City-provided info about this project, including Council reports around the financing and the loan. I have read the FOI-released info acquired by Chris Bryan at the Newsleader, and the other news and opinion in the papers. I even attended the Downtown Residents Association meeting where the Mayor talked about this project, and listened to his comments on CKNW. After all of these attempts at information gathering, I still have a lot of questions about this topic. What went wrong with UPG? Where is the business plan? While there may be good business reasons to keep some info proprietary, there must be a balance to be struck while giving the voting public some idea of what their business plan is like for is tower – the rationale that had most Councillors vote for moving ahead, yet cause Chuck Puchmayr to say no.

I have a lot of confidence in this Council being able to do good for the City (and see a decade of steady improvement in the City as proof of this confidence), but blind trust in their perfection is just as irresponsible as presuming that they’re doomed to screw everything up.

One untrue thing I have heard during this is “this is not about politics”. To that I can only say bullshit. This is all about politics.

The usual Wayne Wright critics have surfaced in the Letters section of the Record and NewsLeader, the local Twitterati (including the @59million sock-puppet handle) has been filling their own gaps in knowledge about the tower with suspicion and suggesting a referendum was the only way to get to whatever you wanted (be it stopping the loan, stopping the tower, finding the “truth”, whatever) while listing off political allies from former Councils, current school boards, and citizens groups. People like me, who have been asking questions, challenging ideas, or pointing out that maybe, just perhaps, everyone at City hall isn’t corrupt to the core, have been called Astroturfers and Goons (which is strange, as I have never had a conversation with Wayne Wright in my life, other then the couple of times I have delegated to council).

Right from the start, this campaign has been pure politics. That is not necessarily a bad thing; you can’t have an effective democracy without politics. Politics is just the art of convincing people that what you want to give them is what they want.

To that end, the City played the politics here rather passively, and if, by some miracle, James Crosty gets his 4500+ signatures, the City will have to look back at how they may have communicated better through this all. If the campaign is not successful, then maybe the City played it right. Maybe.

I was with a group of friends talking about this last week over beers, and there was quite a variety of opinions about the Tower, the Loan, the referendum. We couldn’t decide if this was a good thing or not – is this just making chaos for the purpose of making chaos? Is there’s higher ideal here we can get behind? What are the outcomes? A friend shut me up with a simple question: “what do you want out of this?” I couldn’t answer, which is probably why I hadn’t yet given James my signature on a form. I need to have some idea what the outcomes will be of my actions, I don’t like to act first and ask questions later, just not my style in life.

Over the last two weeks, I have decided that all I want out of this process is for that light to be cast on the process: on the Community Charter and the Alternative Approval Process. It is the same thing I wanted last year when the New West electrical utility used the same process to get your approval for a $25 Million loan to support a new deal that guaranteed revenues to BC Hydro at the Risk of New Westminster utility users. We agreed to that deal through the Alternative process, even if most of us didn’t even know it happened.

I’m OK with the Tower (and the inherent risk), because I’m bully about the future of Downtown and like the path we are taking in this City. I’m OK with the creative financing that allows the City to leverage a 1.7% lending rate to its maximum advantage, because I want the City to use it’s financial advantages like a good business would. I’m OK that the City needs to have the ability to negotiate the terms of complicated construction and cost-sharing contracts, and that those negotiations sometimes go sideways. What I don’t like is that the City (in complete compliance with the law) attempted to push through the largest loan in its history through a reverse-billing option on a short timeline in the middle of the summer with the minimum of notice to the public, and apparently hoped and prayed that no-one would notice.

They didn’t count on James Crosty, and his remarkable campaign skills.

They got caught out, and now the process, if nothing else, is in the light. So in a way, it doesn’t matter if James gets his 4500+ signatures. He has already won. And the electorate of New Westminster is better for him having put up the fight, regardless of whether you agree with his position.

If there is a referendum, I am voting FOR the Bylaw.

Transit Riders and Pedestrians work too!

I was happy this morning to hear the local radio media reporting on this press release from the Delta Chamber of Commerce. Not because it is a “good news story”, but because it indicates Chambers of Commerce are starting to see the light about bigger transportation issues in our Cities.

This is a refreshing change from the old-skool Board of Trade argument that business just needs a wide road with many lanes and plenty’o’parking to succeed at business. In the coming decades, there will need to be ways for customers and employees to get to your door besides parking a car in front of it.

According to the report behind the presser, the people who actually operate within industrial areas and business parks are noticing that their staff is having a hard time getting to the auto-oriented developments being offered by our city planners. They are finding their lower-wage employees are demanding a sufficient pay rate to support running a car, which at about $7000 per year (according to CAA) is more than a third of the entire pre-tax income of a minimum-wage worker. There is also an increasing number of higher-skilled and higher-wage employees who are wanting better options than being shackled to a car for their daily transportation (a group within which I include myself, and a startling number of my professional colleagues and friends).

So the owners and operators of these business parks, like in the Tilbury district of Delta:

on Annacis Island:

the Richmond Port lands:

or Horseshoe Way:

…are trying to operate in areas where bus service is infrequent, does not fit shift hours, does not connect well to rapid transit, and is located a long way from residential areas. Even the infrequent bus service is limited in coverage, forcing transit-users to walk long distances on roads commonly built without sidewalks, and crowded with large trucks and poorly organized parking systems.

Just go to Google StreetView and wander around those neighbourhoods, it is a pedestrian disaster:

The Chambers above call out TransLink for not providing more comprehensive service to these areas, but that is only part of the problem. They should also be calling out on their local Municipal Councils, Transportation and Planning departments to design these “business parks” with accessibility in mind. There appears to be a legacy of bad planning here we are currently saddled with, but look at at this brochure for Surrey’s newest, most exciting business park opportunity: notice anything missing from the “features”? There is one bus that runs through this park, the 531, which provides 30-minute service from 6 in the morning to 9 at night. Marginal service at best, and if you are the guy sweeping the warehouse after the crews leave at 5:00, you are driving home at midnight. But you won’t see that in the flashy brochure. Is that TransLink’s fault, or Surreys?

Also, it isn’t just warehouses and industrial sites: the slab-walled business parks in places like the Knight Street area of Richmond have high office vacancy, not because they are not Class-A space, or because the rates are too high, but because the location between highway offramps in the ‘burbs (even the really-close-in ‘burbs) is just not where people setting up Class-A-desirous businesses prefer to be anymore. These entrepreneurs and corporations would rather be in Yaletown, on the Broadway Corridor, or even (dare I say) New Westminster – because there they can attract the best talent, and have happier employees, partly because the transit service is frequent, but more because you can walk outside at lunch and have a choice of eateries, or run errands at local businesses. Life is too busy these days to rely on a car. You can’t get anywhere in a car on your lunch hour.

It is worth noting, these things represent New Westminster’s competitive advantage. Even our worst-serviced areas, which happen to be the low-wage labour areas (the warehouses and big box retailers of Queensborough), they still see better, more frequent service and are more friendly pedestrian environments than most industrial-warehouse wastelands in Greater Vancouver. This is why the addition of 230,000 square feet of Class-A office space in Sapperton is good gamble for Wesgroup, and 130,000 square feet of Class-A is a good gamble for the City.

But that’s a topic for another Blog post.

The MUCF-Tower & Section 85 of the Charter

After my last post where I expressed some distaste for the way these faux-referenda operate, I have had a few conversations with people over the process, and tried to understand it more. This was partly prompted by the comments added to that post by the man in the centre of the issue, James Crosty, and questions raised by the person who is commonly becoming New West’s lone voice of reason, Jen Arbo.

First, Crosty was clear to point out he is not opposed to the MUCF, as long as it is fully funded by DAC, or the office Tower, as long as it is privately funded. He is rightly concerned about a mounting pile of debt the City is accumulating. He is not opposed to the Bylaw, just that the electorate’s ability to vote on this issue is being bypassed with this quasi-referendum system. Although it seems pretty clear he is opposed to the Bylaw – because he doesn’t want the City borrowing $59Million, and that’s what the Bylaw is for.

I am pretty sure I agree with Crosty on many of his points, if not all of the facts. However, the rub here is not just facts, but outcomes. Part of the problem (as Jen astutely pointed out) being we have little access to the facts, and even less understanding of outcomes, throughout this process. How can we possibly be expected to make an informed decision?

Just to be clear: nothing I am writing below has been verified by any staff member at the City, nor any elected official at the City, so even the “facts” below should be treated with a big bag of salt grains. I have chatted to a few people more knowledgeable than I, and have read over the relevant legislation, but this is my interpretation of what is happening or could happen. The opinions and ideas below are worth exactly what you paid for them. I encourage you to go out and get your own info, and to challenge me on anything I write below that is factually incorrect. I think you should approach Crosty’s information with the same healthy skepticism. Three points to start:

DAC Money: The City is not sitting on a pile of DAC cash to build things with. There is no DAC vault below the Mayor’s Office or a DAC bank account from which the Mayor can write cheques. DAC funds are provided on an annual basis up to 2019 based on gaming revenue. This money is “guaranteed” to the City, as long as the Casino hits its revenue targets (the Casino has shown no signs of not hitting its revenue targets).

With the agreements in place, various projects can be built using the DAC funds, the MUCF being one of them, to the order of $35Million (well, more like $43 Million, but that’s another discussion). However, for the City to get their hands on that $35Million $43 Million, they first have to spend the money, then apply for reimbursement after the project is completed. This is a hassle for the City, as it is not so good for the guys pouring cement in onto the hole on Columbia Street on Monday morning. The cement-pourers want to get paid now, not in 2013 or 2014, so the City needs to borrow money from the Municipal Finance Authority to pay today’s bills in order to complete the project so they can get the money from the DAC funds upon completion. Alternately, they can take money from their reserves, but that money is already earmarked for other purposes (see below), and locking it up now would limit future flexibility in its use. It may even run the reserves too low, and may hurt us in the interest earned on any reserve funds (for example, the City has an MFA Bond fund earning over 3%).

This raises the question: is that $35Million $43 Million really “debt” just because we are borrowing it until the day, a year or two down the road, when the cheque from the Casino clears? It is clearly “borrowing”, so it invokes Section 178 (short-term borrowing) or Section 179 (long-term borrowing) of the Community Charter, depending on how the City’s finance department structures the repayment. That said, if there is a clear, foreseeable, and guaranteed payback scheme not involving taxpayer’s money, and out of it all we get a big asset, I have a hard time calling this irresponsible debt.

Referendum: The implications of the referendum are hard to comprehend at this point. Section 85 of the Community Charter refers directly to Part 4 of the Local Government Act. The legalese gets a little dense, especially as it talks more about elections than referenda, but the process is about 80 days (presumably, once they get and elections office up and running). I imagine it would cost $100K or more, which is not budgeted money, so you can call that operational cost right out of the taxpayer’s pocket. As for more specific questions (how much would the City be able to spend on the “Yes” campaign? Could they buy $1 Million in advertising? ), I frankly have no idea. Anyone out there know?

If the Bylaw fails: If the referendum was to be called and people vote for the lending Bylaw, then I guess we just wasted a bit of time and money, but Democracy is rarely quick or cheap.

If the people vote against the lending Bylaw, then I suppose it is back to the drawing board when it comes to financing the MUCF building and other projects in the City.

The Report to Council that outlines the accounting strategy is available online, for your perusal. Although I suspect they did not anticipate this was very likely, they did include a contingency sentence:

“If the Alternative Approval Process is not successful [translation: if Crosty collects 4500 signatures], the City would need to consider alternative funding solutions, including deferring projects in order to ensure City reserves are available”

So I don’t feel bad not knowing what happens if Crosty gets his 4500 signatures, and a referendum fails. I don’t think the City knows.

Friday’s newspaper article suggests that the MUCF and Tower would proceed, they would just need to find another way to fund it, likely drawing down reserves or from money in other parts of the budget. They are not going to stop building the Tower, not because Council chooses to ignore the people, but because the concrete is currently being poured: at this point, they really can’t stop building the tower.

The idea, once floated by Councillor Puchmayr, of building the MUCF and “capping it”, until a partner is found for the Tower might have been a good one at the time, but I doubt it could happen now. A large building like this is an integrated unit, built from the ground up as one piece. While it is possible (at an increased costs with significant engineering challenges) to only build half a building, bring it up to code for occupancy, then add on the other half later, you really need to have that as your plan on day one. Everything from how you manage groundwater removal in the base to how you construct your elevator shafts, sewage systems, HVAC systems, building envelope, and electrical infrastructure are based on a single integrated design. It is highly unlikely the building was designed to be built half-at-a-time, so it may be neigh-impossible.

The public discourse has to acknowledge that point: regardless of the number of signatures received, or the results of a referendum that may arise, the Tower is going to be built on the MUCF. If the City’s money supply is cut off, then it will not be the MUCF-Tower that gets hurt, it is other infrastructure spending.

It should also be noted, the $59 Million is not all going to the Tower. The Bylaw we are as of yet not getting to vote for includes lending for roads and parks maintenance and other things. This (as Crosty pointed out in his comments) is a bit of bookkeeping. The Municipal Finance Authority lends money at very good rates (currently 1.73%) for Municipal capital projects. The fact the City can build the building based on those rates makes the business case better for the City than any developer who didn’t have access to these rates. Problem is, the City cannot use money lent at that rate for commercial purposes. So they need to use reserves funds for the commercial part of the building, and the MFA lending will be used to finance capital works projects, like roads, parks and sewers, that would usually be paid from those reserves. For people who wish government would be more business-savvy and run more like a private enterprise, here you go.

Even then, the $59 Million is not just for the Tower. The total budgeted cost for the Office Tower part of the project is $33 Million. It is hard to imagine the City will never recover any of that money, and more likely than not, they will recover all of it and make more. That is the risk the City is asking taxpayers to take. So don’t get baffled by $59 Million, or $88 Million, or other numbers bandied about.

And finally, that $59 Million is a maximum number, there is no guarantee that the entire amount will be needed. If a partner is found for the Tower sooner than later, if DCC funds increase (and therefore more reserve money arrives), or if efficiencies are found at any step in the MUCF-Tower project, then the City may not borrow the full $59 Million (as they ended up not borrowing the full amount they were allowed to for the Moody Park Pool, leaving $1.5 Million of potential credit on the table).

Through my reading and discussions with people, I am not really all that concerned about the lending Bylaw itself. I would like to see more of a business case made by the City, but talk to any commercial realtor, and Class-A Office space on top of a SkyTrain line is looking like a sure thing, investment-wise. This building should be a real winner.

But (here is my big But getting in the way): I still can’t shake the feeling that I hate the “alternative approval process”, and the way the City, by need or by design, has launched it during the summer, with very little fanfare (note, the only reason you have heard about it at all is that Crosty raised the alarm), and then have made it difficult for people to distribute and collect signatures, from refusing to provide the blank forms requested to refusing to disclose how many signatures have been dropped at City Hall, making the goal post hard to see.

That said, before I fill out a referendum form (we have until August 7, and you can get the form here, print it off, and drop it at the City Hall Mailbox, addressed to “Legislative Services”), I want to know the outcome either way. Does anyone know?