The Ombudsman & CBRM Port File

Dan Yakimchuk Follow Me

Posted this 2016-03-22 12:36 PM ADT (updated 2016-03-31 11:43 AM ADT)

There have been many posts and comments on this site concerning an apparent lack of transparency by CBRM as pertaining to the Port file. Many have suggested the need for an external audit to address the concerns of the CBRM taxpayers. I have taken the liberty of emailing the message copied below to the addresses provided by Michael MacNeil in a previous post. The note was emailed specifically to our ombudsman at [email protected], but copied to the entire list.

Concerned citizens have a voice, as is evident in the recent decision by the Nova Scotia Office of the Ombudsman to review the expenses of Richmond County councilors. CBRM taxpayers have a voice as well, so if you are concerned then cut/paste/email your concerns.

For sake of transparency, I will also post all replies to my emails. Feel free to post copies of your letters and any replies that you receive as a comment to this post.

Hello,

Please add my name to the list of CBRM taxpayers that are concerned with the lack of transparency, potential misuse of tax funds, and apparent disregard for taxpayers of CBRM by CBRM Council and all things Port related. I request that your office step in to address the many concerns raised by local CBRM citizens. I point to the article written by Mary Campbell at https://capebreton.lokol.me/whatever-happened-to-the-cbrm-council as a summary of the concerns that many have about what is transpiring here in Cape Breton. I also point to https://capebreton.lokol.me/port-of-sydney---the-unfolding-story as an excellent source of background on the issues of concern.

Update: The only response to date (March 31, 2016) was from the Premier's office as posted in a previous comment. I have just sent the below update request to the remaining recipients. We deserve some form of response from our paid electives.

Hello,

Just a quick follow up to my earlier email (below) seeking an update on my initial request. I have been contacted by local media asking if my request was acknowledged by any of the recipients. Unfortunately, I was obliged to tell them that I have not received any response from your office on my request dated March 22, 2016. I, along with other concerned CBRM citizens, would greatly appreciate a response from your office on this issue, specifically as it relates to your responsibility as a representative for CBRM tax payers.

Message sent to:

[email protected]

Posted by Dan Yakimchuk
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Dan Yakimchuk My Post Follow Me 2016-03-22 2:18 PM ADT Reply 1 0 This is the first response from Elaine Venturini. I believe she is from the Premier's office. Thank you for your email of March 22, 2016 relating to the Cape Breton Regional Municipality (CBRM) and Port of Sydney. This correspondence also provides links to media reports. The Office of the Ombudsman has the authority to investigate matters involving provincial and municipal government, including agencies, boards and commissions. Investigations conducted by Ombudsman Representatives focus on the administration of legislation, regulations, policies and procedures. This Office is aware of media reports relating to CBRM and the Port of Sydney. Should you have any specific concerns or further information in this regard, please forward to the attention of Ombudsman Representative Caleb Toombs. This information may assist in determining whether there are administrative issues warranting investigation by this Office. Mr. Toombs may be contacted toll-free at 1-800-670-1111 or [email protected]. [comment deleted] Posted 2016-03-22 5:46 PM ADT
Dan Yakimchuk My Post Follow Me 2016-03-22 5:34 PM ADT Reply 2 0 "It's always been: (information is) coming, wait," said Shannon Delbridge, executive director of public works and strategic initiatives. According to the below article, the province is about as informed as we are on the port file. http://www.localxpress.ca/news/2016/3/22/rai
MALCOLM BROWN Follow Me 2016-03-24 9:35 AM ADT Reply 2 0 Has any form of a business plan been seen? I wonder as nobody seems to be talking "the number$".. -- The CCC is alluded to be investing "over a Billion $$". --I would expect that they would want a fair return on their money; typically the greater the risk, the greater the pay back. -- Let's say they continue their most generous benevolentcy and look to get only a 5% per annum investment return. --That's a net payback of $50 Million (5% of $1Billion); excluding any repayment of their investment principal. --The Port of Halifax (F/S are online) netted $4 Million and $5 Million in fiscal 2014 and 2013 respectively, on gross revenues of $34 Million and $33 Million for the same years (net returns of 11.8% and 15.2%). -- If the Port of Sydney were to realize a breakeven return of 15% net, (to net $50 Million (and no more) for the investors) then the gross revenues would have to be $333.3 Million (almost a Million a day excluding holidays). roughly 10 times Halifax's revenues. --How many ships does that represent? -- Is this reasonable, realistic, or achievable? Michael MacNeil Follow Me 2016-03-24 10:16 AM ADT Reply 0 0 Malcolm very good points and excellent questions. I believe that the only business plan they have is grabbing whatever tax dollars that they can get their hands on. A leader in the shipping Industry already told them a shipping terminal would never happen in Sydney. Melford have been going after this a lot longer than Sydney was in the game. Nothing is happening there and they have a natural ice free and deep location to build a terminal. They also have a railway. They were talking to CCCC long before the Sydney port was. CCCC was interested in building at Melford also, but they were turned down because instead of offering money, CCCC wanted to install used machinery that they had sitting somewhere doing nothing. They have it set up now that Harbour port developers and CCCC have exclusive rights to market and be involved with anything that happens in Sydney harbour for 2 years. That is why they are pushing so hard for a second cruise ship dock, when on the odd day there were 2 cruise ships, I'm sure that the other could dock at infrastructure already in place in North Sydney. CCCC specializes in dredging and rumour is that Sydney might have to re dredge. Harbour port developers to this date have not shown where they have spent one cent of their own money, yet they claim to have spent I think it is $3 million now. Where they got $3 million is a mystery, because if you read Mary Campbell's research on them,their past business ventures were just as bizarre and never materialized into anything. Malcolm I would hope that you will copy the contact info from Dan's post and send your questions off to the ombudsman, because they are questions that should be answered Joe Ward Follow Me 2016-03-24 7:10 PM ADT Reply 0 0 See 0:53 of video: "Of course it needs to be further dredged" - CCCC http://atlantic.ctvnews.ca/video?clipId=827577 March 12th, 2016 (Port of Sydney Development Corp, AGM Meeting) Joe Ward Follow Me 2016-03-24 7:30 PM ADT Reply 0 0 Michael, where did the reference to $3 Million come from? The last I heard it was the $1.2 million that Sheehy got defensive about on Information Morning: 4:13 Steve Sutherland: "And whose million is it? 4:16 Barry Sheehy: "Well, in terms of the million, ahhh... is this gonna be the focus of our discussion today?" 4:21 Steve Sutherland: "It's one of them. It's certainly one of the reasons that we we're interested in talking to you." 4:26 Barry Sheehy: "Well, alright, then... I'll, I'll, I'll ummmm.. I'll go over it briefly, but, umm, I don't propose to be an, ah, since it's not money we've asked anyone to pay, except ourselves. Ummm... we, ah, in the course of umm the last 16 or 17 months have had to, ah, um, to engage, um, other players, to be involved in the preparation of papers and documents and, ah, any number of, ah, presentations, to go with the papers. So there's, there are marine experts involved, there are graphics artists involved, there are rail experts that we've, ah, had to contract with, um, marine experts, um, attorneys, ah, and ah, um, our travel schedule has been significant. Just, ah, if you have a pen there, I'll give you a list of places that we've gone to... and um, including putting aside Sydney and Halifax, and Montreal and Toronto, and both of those are very important because they're the financial capitals of Canada, where the pension funds are, but ah you can add to that New York, New Jersey, Norfolk, Savannah, Phoenix, a very interesting trip to Las Vegas to meet somebody that's involved in the... middle east, port activities. Uh, Vancouver, Beijing, Shanying, Hong Kong, Tokoyo, what else now, ah, Xinjiang, Liaoning, Dalian, ah, and our next trips will be to, ah, Egypt, Suez, and to Israel, and to a number of cities in China... it doesn't take long to run up a bill. http://www.cbc.ca/informationmorningcb/2015/06/04/port-partners/ Michael MacNeil Follow Me 2016-03-24 7:55 PM ADT Reply 1 0 I cant remember Joe, thats why I mentioned I think it is $3 million. Perhaps another reader can comment? I listened to that information morning interview and Sheehy was very upset when asked that question. Somebody should make a video from it, use cartoon characters because if you can forget about getting scammed for a minute, its quite funny to hear him explain it Mary Campbell Follow Me 2016-03-25 12:13 PM ADT Reply 1 0 It came from this CB Post article: http://tinyurl.com/j26k33o Usher and Barbusci were fresh back from Cairo. "Barbusci estimated that, since it was brought on board to market the port, Harborport Development Partners — his partnership with Barry Sheehy — have spent an amount approaching $3 million on the effort. The marketing agreement with the CBRM doesn’t require formal itemized reporting of that spending." Joe Ward Follow Me 2016-03-26 1:00 PM ADT Reply 0 0 Has anyone seen a small private jet - with HPDP, Novaporte, or Blue Zen airbrushed on it - parked at the Sydney airport lately? I think they must be flying to China just long enough for some authentic dim sum, and heading right back to Gabarus afterwards. ;)
Dan Yakimchuk My Post Follow Me 2016-03-24 6:42 PM ADT Reply 1 0 The ombudsman report on the sale of Archibald Wharf states that the process was reasonable but "there appears to have been a lack of accountability in adhering to the Municipal Government Act, specifically by not following appropriate time requirements for public notice." Personally, l do not believe any part of "lack of accountability" should be considered reasonable. http://www.capebretonpost.com/News/Local/2016-03-24/article-4476913/Ombudsmans-office-report-says-Archibald-Wharf-sale-process-reasonable-but-finds-some-deficiencies/1 Joe Ward Follow Me 2016-03-24 6:50 PM ADT Reply 0 0 Agree. Perhaps they mean reasonable given the consistent liberties taken by the CBRM's current mayor and subservient council members. In that sense, it's perhaps "reasonably expected" behavior. Though not likely "reasonably permissible" (responsible, advisable, ethical, legal?, etc). Michael MacNeil Follow Me 2016-03-24 8:14 PM ADT Reply 1 0 I think that the fact the CBRM asked permission to release this report means that somebody or somebodies are a little worried. After all the report is not really a good report about the way they handled things and I also see comments popping up in the Cape Breton post stressing that everything is legal. Legal or not, this port file is not right. Makes me think that maybe there is something illegal and somebody is worried. Everybody keep the emails going to the list in Dan's post and then repeat every time you hear or read something that is just not right. If the ombudsman comes to investigate, we want to make sure that we have asked the office to investigate everything and have not left anything out.
Dan Yakimchuk My Post Follow Me 2016-03-25 5:19 PM ADT Reply 1 0 Chestermere Alberta citizens file a petition of non-confidence against their mayor and council. CBRM council should pay heed. We are not alone. http://www.cbc.ca/news/canada/calgary/chestermere-petition-non-confidence-alberta-investigation-1.3506649
Dan Yakimchuk My Post Follow Me 2016-03-31 11:10 AM ADT Reply 0 0 Update: The only response to date was from the Premier's office as posted in a previous comment. I have just sent the below update request to the remaining recipients. We deserve some form of response from our paid electives. Hello, Just a quick follow up to my earlier email (below) seeking an update on my initial request. I have been contacted by local media asking if my request was acknowledged by any of the recipients. Unfortunately, I was obliged to tell them that I have not received any response from your office on my request dated March 22, 2016. I, along with other concerned CBRM citizens, would greatly appreciate a response from your office on this issue, specifically as it relates to your responsibility as a representative for CBRM tax payers.
Dan Yakimchuk My Post Follow Me 2016-03-31 12:40 PM ADT Reply 0 0 From Rodger Cuzner"s office, shortly after my follow-up email. On behalf of Mr. Rodger Cuzner, M.P. I wish to acknowledge and thank you for your recent e-mail. Please be assured that your correspondence will be brought to the Member's attention at the earliest opportunity. Office of Rodger Cuzner, M.P. Cape Breton - Canso 613-992-6756 - Phone 613-992-4053 - Fax
Dan Yakimchuk My Post Follow Me 2016-04-05 1:50 PM ADT Reply 1 0 I just spoke to Caleb Toombs from the Ombudsman's office. The file is with the Ombudsman, but no decision to proceed with an investigation has been made. We made need “smoking gun” specifics for them. If anyone has used FOIP and received any information, then please forward it for their file. If you have requested information and were refused, then that is also important to tell them. I believe we need to keep the pressure on. The more that we raise the issue the better chance they will move the file forward. Caleb can be reached at [email protected] or (902) 424-6780.
Michael MacNeil Follow Me 2016-04-26 6:48 AM ADT Reply 0 0 A municipal election in 6 months, time to start nagging the ombudsman office again. Dan you will be happy to hear that this site you developed is number three on the ombudsman facebook site. It stands out. However no action yet, so concerned readers of gocapebreton please follow Dan's instructions below and start emailing the office again or you can use this link and go right to the office https://www.novascotia.ca/ombu/complaints.htm Dan Yakimchuk My Post Follow Me 2016-04-26 8:17 AM ADT Reply 0 0 I can't seem to find the Facebook page where we are number three. Can you provide a link? Michael MacNeil Follow Me 2016-04-26 8:23 AM ADT Reply 0 0 Actually it might be number 6 but it is near the top of the page and stands out. Go to facebook and search Nova Scotia Ombudsman or try this https://www.novascotia.ca/ombu/complaints.htm [comment deleted] Posted 2016-04-26 8:26 AM ADT [comment deleted] Posted 2016-04-26 8:29 AM ADT [comment deleted] Posted 2016-04-26 8:37 AM ADT
Dan Yakimchuk My Post Follow Me 2016-04-28 7:16 PM ADT Reply 0 0 Here is the response I received on April 28 from the Ombudsman's Office. Good afternoon, I am writing further to your contact with this Office. Concerns were expressed in your correspondence regarding the financial management and accountability of the Cape Breton Regional Municipality (CBRM). The concerns you raised did not identify specific allegations of improper administration of legislation or related policies and procedures, and are general and broad in nature. As indicated in our email of March 22, 2016, the Office of the Ombudsman investigates the administration of laws of the Province. Specific and supporting details of your allegations involving CBRM are necessary for this Office to make a determination whether any further review is warranted. If you would like to discuss the role of the Office of the Ombudsman or your specific concerns as they relate to CBRM, please contact this Office by telephone toll-free at 1-800-670-1111. Respectfully, Jaime Reynolds, BSW, RSW Ombudsman Representative Office of the Ombudsman 5670 Spring Garden Road, Suite 700 PO Box 2152 Halifax, NS B3J 3B7 Toll-free: 1-800-670-1111 Fax: 902-424-6675 Michael MacNeil Follow Me 2016-04-28 7:36 PM ADT Reply 0 0 Dan I got pretty much the same response today. They are looking for specific details and the situation here is so large and so complicated because they have not been doing their job in my opinion. I will call them with a specific concern but this is not the way an Ombudsman office should be operating in my opinion. We have a municipal election coming up in 6 months and our provincial government has let us down with out an Audit or investigation so we know what we are voting for. I suggest we organize a protest and bring all these matters up in the news broadcast that will hopefully follow. It is so sad that we have elected officials that make more money than we can ever dream about earning and a pension after two years and we have to do something like this. I cannot wait for the provincial government to come looking for my vote.I Am thinking about running independ with my only reason is to get a pension in two years. Lets get a protest started gocapebreton
[comment deleted] Posted 2016-05-17 4:00 PM ADT
Michael MacNeil Follow Me 2016-05-17 9:39 PM ADT Reply 0 0 Just a reminder to send in your complaints again