———- Forwarded message ———-
From: Gerda Peachey <gerdapeachey@gmail.com>
Date: Thu, Aug 30, 2018 at 2:32 PM
Subject: Re: Bandits

To: “Dave F. Loewen (Councillor)” <DFLoewen@abbotsford.ca>, Tammy Ketola <tketola@abbotsford.ca>, Henry Braun <hbraun@abbotsford.ca>, Nancy Friesen <NFriesen@abbotsford.ca>

Hello Dave:

I thank you for your response.

Perhaps you noticed it took 32 days for the City to reply to me, with a reply that basically says nothing.  Please recall, for some two years I have implored Council to change the minimum notice requirement, (a minimum set by the Province) used to inform a community regarding an upcoming Public Hearing. That minimum results in notification of 10 days, at best, after postal delays, yet you adamantly  refuse to change the  inadequate and  ridiculous notification time.  In my mind, that borders on deceit and misrepresentation of power delivered via votes to your council by citizens of Abbotsford,  since it leaves inadequate  time for property owners to amass their rebuttal, gather their alliances and fairly defend themselves against a proposal, should they wish to do so.  Currently you, our elected Council give every advantage to insiders, unscrupulous persons and land-use speculators.

Is this even a pretence to an even playing field?  There are vast inadequacies for the citizens of our city in this equation.   The City purports this practise is fine in taking exessive time answering (or not) legitimate public questions, while that same public is  granted A MERE 10 days,…….less than a standard two-week vacation, to be informed about zoning proposals that may radically alter the value of their property, their quality of life.

It would have been within reason for the City to send me a brief, prompt response to my question about the Bandits deal.

The city could have informed me simply of the facts.

 

I would like to know if we still have a contract with Global Spectrum, is that still their name?

 

What do we pay them for this contract?––––––––––$

 

Is it their responsibility to ensure the Centre is booked throughout the year with near capacity crowds that will contribute to paying off the outstanding debt of this facility?

 

Does this mean the income from events at our publicly owned facility will benefit Abbotsford, and not solely for gain by Global Spectrum?

 

How is it possible the City of Abbotsford can enter into a private contract with the Fraser Valley Bandits without informing the citizens of Abbotsford?

 

Why would the Council and mayor allow such a proposal to exist?

 

Is this really just a question of semantics, and you would have given me a copy of the deal if I’d used CEBL instead of Fraser Valley Pirates?

 

 

Mayor Braun called our relationship a “partnership”.  Years ago, in my bank job I was in charge of Current Accounts. Partnerships are signed, legal agreements between two or more parties.

The City took 32 days to say ‘We have nothing to say.’  This event facility is Abbotsford’s biggest single debt, but it seems the taxpayers (footing the bill for the whole thing) are not privy to financial details.

So Tammy, please consider this as my request for an up-to-date copy of our agreement/contract (or however the PARTNERSHIP contract is referred to) with Global Spectrum.

The people of Abbotsford paid for and own  Abbotsford Centre.  It cannot be possible that Global Spectrum,  a private American company can be used as a shield, a buffer between the owners ( citizens of Abbotsford)  and the hireling (Global Spectrum), thus permitting massive taxdollars to be spent maintaining this building and servicing the debt on the outstanding loan to remain shrouded in legalese, evading transparency and accountability to us, the citizens of the City.

Please send me a copy of the latest signed agreement with Global Spectrum.  It would be ideal if the blacked-out and redacted sections were kept to a  minimum.

This was sent to me by an acquaintance this afternoon: 

 

 The law states that 4   (1) A person who makes a request under section 5 has a right of access to any record in the custody or under the control of a public body…

 

As far as I know it remains a city-owned facility and this page says the city is directly involved in rentals: http://www.abbotsfordcentre.ca/facility-rentals/   There is also a legal principle that states a public body “cannot contract out of the Act.”

 

OIPC order F13-23 mentioned that “Madam Justice Shabbits agreed that in order to have custody of a record for the purposes of FIPPA, a public body must have the legal right to obtain a copy.”

https://www.oipc.bc.ca/orders/1580

In OIPC order 04-19, Adjudicator Francis wrote: “Control is to be given a liberal and purposive meaning that promotes the objectives of British Columbia’s access and privacy legislation. The nature of requested records and all aspects of their generation and use must be assessed in relation to the public body’s mandate and functions. Records that are created or acquired by or for a public body as part of its mandate and functions will be under the public body’s control. The duty to provide access to records under the Act is not defined by the willingness of the public body or its staff, contractors or agents.”

https://www.oipc.bc.ca/orders/825

 

So, it would meet the custody or control test. You have the right to get it and they have the obligation to give it to you.

Gerda Peachey

https://gerdapeacheysviews.wordpress.com/2016/09/24/he-looks-like-a-nice-man-but-id-say-the-vultures-are-upon-us/

On Thu, Aug 30, 2018 at 8:13 AM, Dave F. Loewen (Councillor) <DFLoewen@abbotsford.ca> wrote:

It’s true – there is no agreement between the City and the Bandits BB because they are renting the facility just like any other entertainment act that comes to town. They have rented the facility for 12 games (I believe) in their first season. So the agreement would be between Abbotsford Centre and the Bandits.

Dave

Sent from my iPad

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