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RDCO - Regional District of Central Okanagan

FREEDOM OF INFORMATION COMPLAINT

in regards to

North Westside Road

N.O.W.E.S.I. (Sugar Loaf) transfer station

comment form found at bottom of page

Blue Divider Line

Click on each document on this webpage to read larger print.

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THIS WEBPAGE IS STILL UNDER CONSTRUCTION AS THERE ARE EMAILS THAT NEED TO BE ADDED YET

This page is a continuation from the previous page...

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Letter from RDCO dated May 6, 2009

May 6, 2009 RDCO sent the complainant a letter wanting to block the complainant from the Freedom of Information Act (story)

Actual letter from RDCO

Blue Divider Line

General Ledger Detail of NOWESI Fees, Environmental Health Services, Sanitary Landfill, Transfers from other funds, Solid Waste Management, Site Maintenance, Hauling charges, Tag-a-bag Stickers, etc. contained in the Freedom of information package the complainant received on April 9, 2009

2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008

Totals of NOWESI accounts 2002-2008

$25,000 in the budget for a transfer station

Blue Divider Line

Emails that the Regional District of Central Okanagan blocked
"Your Message Could Not Be Delivered"

coming in the next few days!

1 | 2 | 3 | 4

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This is a continuation from the previous page...

Subject: Your Message Could Not Be Delivered
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To: North Westsider

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Please verify the recipient's e-mail address and resend.

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-------------------------------------------------------

Subject: [Fwd: RE: Statement for dumping fees]
From: North Westsider
Date: Feb 24, 2009 2:52 PM
To: lyla.l [at] cord.bc.ca

To Lyla:

I requested through the freedom of information act two requests:

1. Oct 13, 2008 the La Casa transfer station info and correspondence.
2. Dec 24, 2008 correspondence of the North Westside Communities Association - because I received no correspondence in the first request Oct 13, 2008.

I have yet to receive either of these requests. I believe that RDCO should have some correspondence with the North Westside Communities Association regarding the La Casa transfer station. Isn't there some correspondence I am missing from my Oct 13, 2008 request, or am I wrong? I have yet to work out the second request, as I did send an email saying that I couldn't afford the $4,290 for the second request, and that I wished to come down to the office at KLO Road to view it instead.

Daniela Pharis is waiting for me to pay the bill invoice #57976 $38.58 but I was waiting to get the rest of the information before I pay the bill as I would like to pay it all at once instead of in pieces. If you have any new information regarding La Casa since my request of Oct 13, 2008 I wish to have any new information as well.

Can you please get back to me about the correspondence I may be missing.

Thank you
North Westsider

The complainant then received this letter from the Regional District of Central Okanagan after the date of Feb 24, 2009 when this letter below was written, which was probably on the 25th or 26th of Feb 2009.  The complainant was blocked from emailing the Regional District of Central Okanagan already on Feb 24, 2009 when the complainant tried to email Ms. L. L. [at] cord.bc.ca.  On April 7, 2009 the complainant was again blocked trying to send a Freedom of Information request to foi [at] cord.bc.ca and trying to email d.m. [at] cord.bc.ca.

The complainant was written the letter above on the same date of Feb. 24, 2009 as the apology letter to the OIPC was written.  The complainant never received an apology letter from RDCO as of May 11, 2009 but instead is banned from emailing the Regional District of Central Okanagan.

Subject: Testicle
From: North Westsider
Date: Feb. 25, 2009 12:26 PM
To: info [at] cord.bc.ca

To RDCO:

Why was my email blocked?

Thank you,
North Westsider

-------------------------------------------------

Subject: Your Message Could Not Be Delivered
Date: Feb 25, 2009 12:26 PM
From: TELUS.net Postmaster
To: North Westsider

Your message could not be delivered.

The recipient's computer rejected your e-mail.
Please verify the recipient's e-mail address and resend.

Recipient: info [at] cord.bc.ca
Reason: Blocked


We hope this information is helpful. For more information, visit us at http://help.telus.net or e-mail TELUS at helpdesk [at] telus.net.

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Subject: Testicle
To: Communications Coordinator
Date: Wed, 25 Feb 2009 16:41:58 -0800
From: North Westsider

Does your email work yet?

North Westsider

-------------------------------------------

Subject: Your Message Could Not Be Delivered
Date: Feb. 25, 2009 5:41 PM
From: TELUS.net Postmaster
To: North Westsider

Your message could not be delivered.

The recipient's computer rejected your e-mail. Please verify the recipient's e-mail address and resend.

Recipient: Communications Coordinator [at] cord.bc.ca
Reason: Blocked


We hope this information is helpful. For more information, visit us at http://help.telus.net or e-mail TELUS at helpdesk [at] telus.net.

 

On Feb 27, 2009 the complainant sent another FOI Act request to the Regional District of Central Okanagan, still trying to get the same information.

Notice that this request above specifically asks for transactions of the accounts and especially the "Garbage Collection Fees" account which the complainant only received totals of the "Garbage Collection Fees" account again and still has no idea where the 2007 jump in revenue came from.

The complainant did receive a print out with the totals of the accounts from 2002-2008 in the FOI package the complainant received on April 9, 2009 which was asked for in the Feb 27, 2009 request above.

The complainant thought after filling out the above Freedom of Information Act request form that RDCO may again misunderstand the request, so sent this next one below the same day to make sure that all the accounts were covered and so that there was no mistake in the information requested LOL.

 

And because RDCO banned the complainant from emailing the Regional District and requesting that all correspondence by the complainant be by Canada Post mail, RDCO created two more Freedom of Information Requests.  The complainant now wishes to know what information the Regional District of Central Okanagan has on the complainant.

 

From: T. D.
Sent: March 27, 2009 12:48 PM
To: North Westsider
Subject: Insurance Papers Left on Desk

Hi North Westsider,

When you were in HR this morning you left your insurance papers as well as another hand written piece of paper on my desk. I unfortunately did not notice until just now so was unable to return them to you before you left the building.

I have left the documents at the receptionist/cashier desk with Jennifer, so next time you’re in you can retrieve them there. If, however, you would like us to pop them in the mail, please let us know.

Sincerely,
t.d.

---------------------------------------------------------

t.d. wrote:

Retrying on this e-mail as the other came back undeliverable.

t.d.
Finance & Administration Department
Regional District of Central Okanagan

1450 KLO Road
Kelowna , BC V1W 3Z4
Telephone: 250-469-6249
Fax: 250-763-7497
t.d. [at] cord.bc.ca
www.regionaldistrict.com

Please consider the environment before printing this email.

----------------------------------------------------------

Subject: Re: FW: Insurance Papers Left on Desk
From: North Westsider
Date: Mar 29 2009 7:21 AM
To: t.d. [at] cord.bc.ca

Thanks T.  ...I was wondering where that stuff went. I will be in next week.

---------------------------------------------

Subject: Your Message Could Not Be Delivered
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To: North Westsider

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The recipient's computer rejected your e-mail. Please verify the recipient's e-mail address and resend.

Recipient: t.d. [at] cord.bc.ca
Reason: Blocked

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This is the letter that had the file number written on it, mentioned in the Freedom of Information Act request dated April 8, 2009 above.

 

This is the Regional District of Central Okanagan's reply


As this was an in Camera discussion, the Regional Board will be required to adopt a resolution to release the in Camera resolution and documents.  As the next regular Board meeting is not scheduled until April 27, a special in Camera Regional Board meeting will need to be held on April 9th.

Blue Divider Line

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-----------------------------------------------
Subject: Test
From:  North Westsider
Date: Tue, 07 Apr 2009 9:15 PM
To: foi [at] cord.bc.ca

Test

 

April 8, 2009 the complainant is wondering what all information the Regional District has accumulated in regards to the complainant so sent another Freedom of Information Act request.


RDCO sent a copy of Zoning bylaw #66 which had the same number as Mosquito bylaw #66 and wasn't posted to RDCO's website.  In the history on RDCO webpage it talked about zoning bylaw #66 and when the complainant clicked on bylaw #66 it was a mosquito bylaw.  It wasn't till being advised by the Regional District later that there were two bylaw #66's ... one for zoning and the other for mosquito.

 

It wasn't until April 9, 2009  (didn't check the mail box until the 9th) that the complainant finally received a print out of transactions of the NOWESI transfer station accounts from the Regional District of Central Okanagan.  The envelope had Canada Post date stamped April 7, 2009.  But the letter from RDCO to the OIPC was dated Feb 24, 2009???  The letter to the complainant was dated April 6, 2009.  At first the complainant thought the apology letter inside the envelope was to the complainant but soon realized after reading the letter that it was addressed to the OIPC.  The Regional District of Central Okanagan still needs to write an apology letter addressed to the complainant, as the complainant received no apology letter whatsoever as of April 22, 2009 but instead was banned from sending emails to the Regional District of Central Okanagan as of Feb 24th, 2009.

Page 1 of the letter from RDCO to Office of the Information and Privacy Commissioner dated Feb 24, 2009.

In the April 6, 2009 letter above addressed to the complainant... no apology or acknowledgement of what had just occurred and how long it took.  As the letter states, RDCO assumed that the complainant received the information from the OIPC, but did not follow up.

 

The complainant did not ask for totals of accounts as RDCO states they sent the complainant in this apology letter to the OIPC below, but did ask for DETAILS of accounts in the FOI request of July 2, 2008, and how could this be so confusing to RDCO to just send totals of accounts to the complainant and not the details?  Is that all an auditor would need to look at?

Page 2 of the letter from RDCO to Office of the Information and Privacy Commissioner dated Feb 24, 2009

This is the second page that came with the letter above.

Page 3 of the letter from RDCO to Office of the Information and Privacy Commissioner dated Feb 24, 2009.

 

Here are the printouts the complainant finally received in regards to the NOWESI transfer station in the April 9, 2009 FOI reply package.  The letter from RDCO to the OIPC dated Feb 24, 2009 immediately above was in this FOI package as well as the letter dated April 6, 2009 above.  Can you believe it, we received this FOI from RDCO 44 days after the date of the letter of Feb 24, 2009 and on April 9, 2009 with RDCO assuming that the OIPC will be forwarding the FOI package that RDCO was required to send the complainant?

 

Totals for 2008

 

On these printouts below, there are no dates of when these transactions may have occurred within the year.

 

Here is the printout for 2006 the complainant received in the FOI package of April 9, 2009, which the transfer station attendants wages are listed as a "Sanitary Landfill - Contract Services expense" charged to the North Westside Rd Ratepayers Assoc. of $953.33 x 12 months plus WCB of $162.45 = $11,602.41.  It is assumed that the North Westside Road Ratepayers operated the transfer station for free, and paid the transfer station attendant with monies they received from RDCO, either that, or RDCO paid the monitoring attendant directly???

 

 

Here are the printout of accounts for NOWESI transfer station in 2007.

Are North Westsider's whom pay to use Sugar Loaf transfer station also paying for "Snow and Ice Control at Traders Cove as may be shown on page 2-3 of the 2007 report below?  Not sure that Traders means Traders Cove as it just says "Traders" and is cut off after the word Traders, but it looks that way. 

How can tag-a-bag sticker sales revenue show up in one report and not the other?  Under 2007 Garbage Collection Fees on page 1 below it shows that "NOWESI fees" total $75,131.00 and tag-a-bag stickers TRSF per L. Schupsky total $135.00 which this all totals to revenue of $75,266.00.  According to the 2002-2008 totals printout we received, it shows 2007 garbage tag sales $0 and garbage collection fees revenue of $75,266, so how can the 2007 printout below on page 1 for tag-a-bag stickers be $135 and the 2002-2008 totals printout we received show $0.00 for tag-a-bag stickers?

Should RDCO charge Sugar Loaf transfer station for Traders Cove Snow and Ice removal?

 

This is a document the complainant received back in 2008 that shows $25,000 in the budget for a transfer station.  Is this for the La Casa transfer station or is this for a Westside Landfill transfer station now that the landfill is being closed?

 

This is a document that was included in the complainants La Casa freedom of information request dated October 13, 2008 and released to the complainant on December 17, 2009
Looks like RDCO transferred $25,000 to La Casa transfer station?
Westside Sanitary Landfill - General Capital Fund - 2007 Capital Budget notes $25,000 transfer station at La Casa
click document for larger print

 

This is another document that was included in the complainants La Casa Freedom of Information request.
LANDFILL - 2008 Budget notes - AWSR, transfer 25000 (did not get built in 2007 as we are waiting for approval for use of crown lands).
LANDFILL - 2008 Budget notes - AWSR, transfer 25000 (did not get built in 2007 as we are waiting for approval for use of crown lands).

 

Here is another document obtained through the La Casa Freedom of Information request.  This document mentions $10,000 for staffing La Casa under the "2007 Budget Values" column.  Under the same column the "contract services - staff of $12,000" is most likely for staffing the NOWESI (Sugar Loaf) transfer station.  How can the amount of $0.00 be the total for Garbage Collection Fees listed under the column "2006 Actual Values"?  Was this printed out before the end of 2006 and the figures hadn't been entered yet?

 

Sept 1, 2006
$3,668.66 invoice for La Casa transfer station Sept 1, 2006
click to read larger print
$3,668.66 invoice for La Casa transfer station Sept 1, 2006

 

Regional District of Central Okanagan Board Report Feb. 23, 2009

Proposed Zoning Bylaw Amendments
The Regional Board has given first reading to proposed amendments to Zoning Bylaw No. 871. The annual update includes text and mapping changes to reflect policy and development trends. Among the proposed amendments: a change to the F1 Forest Resource zone that would increase the minimum parcel size from four hectares to 30- hectares and a zoning change from P1 Park and Open Space to I-1 Light Industrial to allow installation of a new solid waste/recycling transfer station on a parcel adjacent to the La Casa Strata development off Westside Road.

-------------------------------

The La Casa online application to purchase the land for the transfer station shows the following on March 4, 2009

NOTICE: No decisions have been made for this application at this time.

http://www.arfd.bc.ca/ApplicationPosting/viewpost.jsp?PostID=9211

and on March 4, 2009 the Integrated Land Management Bureau Jerry Johnson email said the following:

No decision has been made on this application at this time. We have had concerns expressed by the Westbank First Nations on the proposed sale of this area.

 

Here are the documents obtained through the La Casa Freedom of Information request

 

2005

2004 found on page  3 | 4 | 5
City of Kelowna Landfill Dumping fees 2,434.95
City of Kelowna Landfill Dumping fees    445.50
City of Kelowna Landfill Dumping fees 1,112.25
TOTAL $3,992.70

2005 found on page 3
City of Kelowna Landfill Dumping fees    601.75
City of Kelowna Landfill Dumping fees    983.00
City of Kelowna Landfill Dumping fees    825.25
City of Kelowna Landfill Dumping fees    245.50
City of Kelowna Landfill Dumping fees 1,324.75
City of Kelowna Landfill Dumping fees    881.25
TOTAL $4,861.50


2004 and 2005 CITY OF KELOWNA Landfill Dumping Fees TOTAL = $8,854.20 which is more than 1/4 the cost of a new transfer station at $25,000, or you could almost count it as 3/4 of a year of the transfer station attendants wages at approx. $12,000 as budgeted.

 

 

2004 NOWESI Transfer Station records

Have a look on page 4 where it says City of Kelowna Landfill Dumping Fees.  Are North Westsiders paying the hauling charges for the City of Kelowna's garbage?

Notice the rates for hauling at Sugar Loaf transfer station increased in 2004 and then it increased again in 2005 during the time period North Westsiders were paying the "City of Kelowna Landfill Dumping Fees" according to the financial records received April 9, 2009 below.

In 2002-2003 and again 2006 - 2008 there were no City of Kelowna Landfill Dumping Fees and only in the years 2004 and 2005 it shows City of Kelowna Landfill Dumping Fees.  Hauling rates went down in 2006 when North Westsiders didn't pay the City of Kelowna dumping fee and every other year the rates rose. 2006 is the only year the rates went down.

Hauling found on the "Actual totals" printout 2002-2008
2002 $14,270
2003 $15,540
2004 $17,574
2005 $25,698

2006 $23,352
2007 $28,857
2008 $36,669

2004 found on page  3 | 4 | 5
City of Kelowna Landfill Dumping fees 2,434.95
City of Kelowna Landfill Dumping fees    445.50
City of Kelowna Landfill Dumping fees 1,112.25
TOTAL $3,992.70

2005 found on page 3
City of Kelowna Landfill Dumping fees    601.75
City of Kelowna Landfill Dumping fees    983.00
City of Kelowna Landfill Dumping fees    825.25
City of Kelowna Landfill Dumping fees    245.50
City of Kelowna Landfill Dumping fees 1,324.75
City of Kelowna Landfill Dumping fees    881.25
TOTAL $4,861.50


2004 and 2005 CITY OF KELOWNA Landfill Dumping Fees TOTAL = $8,854.20 which is more than 1/4 the cost of a new transfer station at $25,000, or you could almost count it as 3/4 of a year of the transfer station attendants wages at approx. $12,000 as budgeted.

Westsider's don't have automated garbage collection arms on their garbage truck, so why did the hauling charges more than double in 6 years? Gas went up and wages went up, but did gas and wages more than double between 2002-2008?  You wouldn't think so.  Are Westsiders paying the City of Kelowna Landfill Dumping Fees? Maybe the City of Kelowna Dumping Fees are buried in the new hauling contract??  Just look at the cost of the cost of the new hauling contract.  Maybe the City of Kelowna hauled garbage for North Westsiders for 2 years on occasion?  Did hauling costs more than double in 6 years? In 2002 hauling costs were $14,270 and now in 2008 hauling costs are $36,669???

2002 - 14,270 times 2 = $28,540 would be double
2008 - 36,669 minus 28,540 = 8,129 over and above double.

   

 

 

2003 NOWESI Transfer Station financial records

click on each page to read larger print.

This is all the RDCO sent
for 2003
 

 

Here are the printout of accounts for NOWESI transfer station in 2002

Garbage tag-a-bag sales show $0.00 in one report and $93.00 in another report?  How can that be??

In the 2002-2008 NOWESI transfer station account totals printout that the complainant received on April 9, 2009 in the FOI package from RDCO that was requested by the complainant July 2, 2008, the printout show sales revenue from tag-a-bag sales in 2002 of $93.

Yet in this 2002 printout report on page 1 also received on April 9, 2009 in regards to the complainants July 2, 2008 FOI request, the printout does not show tag-a-bag sales revenue at all?  How can this be?

In the FOI package requested by the complainant on July 2, 2008 and received on April 9, 2009, the complainant specifically asked for a copy of information in regards to tag-a-bag sales but yet the 2002 report received doesn't show tag-a-bag sales as explained above.

 

 

 

Here is an email we received from the Regional District of Central Okanagan explaining tag-a-bag-sales.  This email from Communications Coordinator shows that there were tag-a-bag tags purchased, but yet the foi printouts of account details don't show the tag-a-bag sales. 

Tag-a-bags

Subject: RE: Transfer Station Billing
From: Communications Coordinator
Date: July 4, 2008 11:19 AM
To: North Westsider

Thank you for your patience.

Regarding your email of July 1st at 6:18 pm requesting information for bag tag sales. I would suggest that you ask the staff at the Sugar Loaf North Westside transfer station how many tags they sold in each of the calendar years requested. As they are a contractor providing the tag sale service for the Regional District electoral areas (just like Mac’s, Ellison store, Westside Chamber, Westside District Municipality, Sugar Loaf stn) we only keep a record of the purchase of tags and the number of tags sold in bulk to each of our Regional District contractors when they require them. For example, the North Westside transfer station purchased 100 tags from us to sell on April 10th, 2008. They purchased 100 tags on August 27th 2007 and 50 tags on April 4, 2006. Please remember that tags may be purchased at any of the Regional District electoral area retail outlets and are good in the Central Okanagan electoral areas (and the Westside District Municipality), so for example, while I presume most of the tags sold by the Sugar Loaf transfer station are used by customers there, someone from the North Westside area could purchase a tag at another regional district outlet and use the tag on additional bags disposed of at the Sugar Loaf station. They are not required to purchase at the Sugar Loaf transfer station and use the tag there.

No tags are available for purchase or sale at the Traders Cove Transfer station.

The revenue from all contractor tag sales goes into the general fund for Solid Waste Management. As such, our Finance Department does not have a record of tag sales revenue by location and calendar year. We only have the number of tags purchased in bulk by a retail contractor (Mac’s, Westside Landfill, Westside Chamber etc.). So the Sugar Loaf North Westside transfer station requested 100 tags on April 10th this year…we receive the funds after they are sold and those monies would go into the Solid Waste Management budget as revenue, just as we collect tipping fees at the Westside Landfill and that money is considered revenue for the Solid Waste Management program.

Unfortunately, the person that I previously received information from in October 2006 regarding overall revenue from tag sales in answer to your October 2006 email requesting that information, is not available and away on vacation until next month. I was not successful in finding anyone else who had access to the specific information regarding overall tag sale revenue for the years you requested. However, this is the email that I sent to you in October 2006 with information requested at that time.

------------------------------

July 7, 2008 email says:
North Westside transfer station purchased 100 tags from us to sell on April 10th, 2008. They purchased 100 tags on August 27th 2007 and 50 tags on April 4, 2006.

Please remember that tags may be purchased at any of the Regional District electoral area retail outlets and are good in the Central Okanagan electoral areas (and the Westside District Municipality), so for example, while I presume most of the tags sold by the Sugar Loaf transfer station are used by customers there, someone from the North Westside area could purchase a tag at another regional district outlet and use the tag on additional bags disposed of at the Sugar Loaf station. They are not required to purchase at the Sugar Loaf transfer station and use the tag there.

No tags are available for purchase or sale at the Traders Cove Transfer station.

The revenue from all contractor tag sales goes into the general fund for Solid Waste Management. As such, our Finance Department does not have a record of tag sales revenue by location and calendar year. We only have the number of tags purchased in bulk by a retail contractor (Mac’s, Westside Landfill, Westside Chamber etc.). So the Sugar Loaf North Westside transfer station requested 100 tags on April 10th this year…we receive the funds after they are sold and those monies would go into the Solid Waste Management budget as revenue, just as we collect tipping fees at the Westside Landfill and that money is considered revenue for the Solid Waste Management program.

Tag sales revenue
  2005 - $3,545.75
  2004 - $3,676.50
  2003 - $4,121.00
  2002 - $3,133.00
  2001 - $2,557.50

Communications Coordinator says that tag-a-bag stickers were purchased in 2006, 2007, and then again in 2008 but why do tag-a-bag stickers sales revenue NOT show up in either of the 2006 printouts the complainant received, the more detailed report 2006 printout on page 1 for tag-a-bag stickers and the other 2006 (totals printout 2002-2008) shows $0.00 for tag-a-bag stickers?

Blue Divider Line

Did you know this stuff?

Liabilities for use of money contrary to Act
191 (1) A council member who votes for a bylaw or resolution authorizing the expenditure, investment or other use of money contrary to this Act or the Local Government Act is personally liable to the municipality for the amount.

 

Letters Patent

Establishment of local area service

14.2 (1) Letters patent incorporating a municipality or extending the area of a municipality may provide for the establishment of a local area service by

(a) describing the service, and

(b) defining the boundaries of the local service area.

(2) In addition, letters patent under subsection (1) may do one or both of the following:

(a) require the council of the municipality, by a specified date, to

(i) establish a reserve fund for a specified purpose for the local area service, and

(ii) credit an amount of money to the reserve fund in respect of money transferred to the municipality from a reserve fund of a regional district, improvement district or another municipality established for a similar purpose;

(b) specify a date for the purposes of subsection (6).

(3) If letters patent provide for the establishment of a local area service, the council of the municipality must adopt a bylaw to establish the local area service.

(4) The bylaw establishing the local area service must

(a) subject to subsection (5), meet the requirements of Division 5 [Local Service Taxes] of Part 7 of the Community Charter, and

(b) be consistent with the letters patent.

(5) Sections 210 (2) [services that may be provided as local area services] and 211 (1) [requirement to adopt local area service bylaw] of the Community Charter do not apply to the initial adoption of a bylaw under subsection (3) of this section.

(6) A bylaw under subsection (3) must be adopted on or before the date specified under subsection (2) (b) or, if no date is specified, within a reasonable period after the letters patent come into effect.

(7) If no date is specified under subsection (2) (b), the Lieutenant Governor in Council may, by order, specify a date and, if this is done, a bylaw under subsection (3) must be adopted on or before the date specified.

-------------------------------------------------

Rights and liabilities not affected by revocation and reissue of letters patent

31 If letters patent that incorporate a municipality are revoked and others issued,

(a) the revocation or issue does not bar or discharge a right, claim or demand of or against the municipality, or a pending action or proceeding, and the municipality remains as liable and has the same rights and interest as if the letters patent revoked were valid and not revoked,

(b) the municipality is deemed to have been a corporation from the date of the letters patent originally incorporating it, and

(c) a registration in a land title office in the name of the municipality is a registration in the name of the municipality under the new letters patent.

 

Community Charter

Local service taxes

216 (1) In all cases, all or part of the costs of a local area service may be recovered, in accordance with the establishing bylaw for the service, by means of either or both of

(a) a property value tax under Division 3 of this Part, which may be imposed on land, on improvements, or on both, and

(b) a parcel tax under Division 4 of this Part,

that are imposed only within the local service area.

(2) In the case of a business improvement area service, in addition to the taxes referred to in subsection (1), all or part of the costs of the service may be recovered by means of a tax, based on any factor set out in the establishing bylaw, that is imposed only within the business improvement area.

(3) A local service tax under subsection (1) or (2) in relation to a business improvement area

(a) may only be imposed on land or improvements, or both, that are

(i) used during the year to operate a business of a class specified in the bylaw, or

(ii) classified as Class 5 [light industry] or 6 [business and other] property class, and

(b) may have different rates for different classes of business, as those classes are established by the bylaw.

(4) Subject to this section, the other provisions of this Part apply in respect of a local service tax.

(5) Revenue from a local service tax may only be expended for the local area service in relation to which it is imposed.

Blue Divider Line

Totals of NOWESI accounts for 2008

Jump in revenue in 2007???

 

We asked for a printout of details of the NOWESI accounts long ago on August 1, 2008 but only received totals.  Here is what we received with the letter from RDCO dated July 24, 2008, and it looks consistent with the printout we just received above.

What we still don't understand though is where the jump in revenue for "Garbage Collection Fees" in 2007 came from.  We have asked this exact question in a few emails to RDCO, but yet we still don't have the answer??  How much clearer can we be???

General Revenue Fund - 097 - N.O.W.E.S.I. Transfer Station

Revenues

2002 2003 2004 2005 2006 2007 Up to July? 2008
Garbage Collection Fees -45,354 -34,682 -47,457 -45,000 -41,804 -75,266 0
Garbage Tag Sales -93 0 0 0 0 0 0
Previous Years Surplus 16,540 3,348 2,195 0 -352 -1291 -17,837
Administration Overhead 1,419 1,560 1,571 2,237 2,386 3,706 0
TOTAL REVENUES -27,488 -29,773 -43,691 -42,763 -39,770 -72,851 -17,837
               
Expenses              
Contract Services 9,984 10,282 11,002 11,601 11,602 20,170 13,100
Insurance 1,133 2,303 1,851 2,740 173 -842 0
Office Supplies 216 162 159 129 0 0 0
Site Maintenance 2,733 1,181 13,105 2,244 3,351 6,830 3,605
Hauling Charges 14,270 15,540 17,574 25,698 23,352 28,857 8,950
Transfer to Equip. Rep. R 2,500 2,500 0 0 0 0 0
TOTAL EXPENSES 30,836 31,968 43,691 42,411 38,479 55,014 25,656

 

 

This is the NOWESI transfer station printouts the complainant received for 2008.

 

Below is an email received back in 2008 explaining the COW budget.

Subject: Re: Waste Reduction Program
From: Communications Coordinator
Date: June 23, 2008 4:05 PM
To: North Westsider

Regarding the Waste Reduction Program budget (Page 35 of the 2008-2012 Financial Plan) under the Revenue section, the $41,983 listed for parcel taxes is the amount provided by the two electoral areas for this (Central Okanagan East and West). In talking with Finance staff, the amount from Central Okanagan West will be $28,494.

Regarding the Solid Waste Collection Program budget (Page 36 of the Financial Plan) under the Revenue section, the $138,507 listed for parcel taxes is the amount provided by the two electoral areas for this (Central Okanagan East and West). In talking with Finance staff, the amount from Central Okanagan West will be $94,005.

Regarding the Recycling Program budget (Page 37 of the Financial Plan) under the Revenue section, the $46,862 listed for parcel taxes is the amount provided by the two electoral areas for this (Central Okanagan East and West). In talking with Finance staff, the amount from Central Okanagan West will be $31,805.

There are 3,126 parcels in the Central Okanagan West Electoral Area. The total parcel tax revenue for these three programs from the Central Okanagan West Electoral Area is $154,299 or 67.87% of the $227,352 total for these three programs from the two electoral areas. Central Okanagan East has 1,480 parcels contributing $73,053 or 32.13% of the total cost of the three programs parcel tax revenues.

Cheers

Communications Coordinator
Regional District of Central Okanagan
1450 KLO Road
Kelowna, BC
V1W 3Z4

Phone: 250-469-6339
Fax: 250-763-0606
Email: Communications Coordinator [at] cord.bc.ca
Website: www.regionaldistrict.com

 

We sent letters of complaint to Robert Hobson, Chair of the Regional District of Central Okanagan and this is the letter we received in reply.

 

Surprise surprise, finally one thing the complainant has continually asked for will be permitted .... publishing the Letters Patents to the Regional District of Central Okanagan's website which the complainant has asked for more than a few times in many emails regarding trying to squeeze information from the Regional District.

Robert Hobson says the Board is concerned over the resources spent on the numerous requests the complainant continues to make on staff and the cost that has to be borne by all taxpayers.  The policy for dealing with the compainants requests has been fairly and adequately provided.

The policy Robert Hobson speaks about is the policy explained in the letter dated Feb 24, 2009 that the complainant is not permitted to email and is only permitted to send correspondence by Canada Post mail.

 

The complainant feels that maybe Robert Hobson doesn't know what all was said previously in all the emails, so the complainant started writing another long letter and photocopying all the information in order to send it to Robert Hobson, but after going through $50 worth of ink in the printer and running out of ink, the complainant decided to make up this webpage instead and send a link instead.  In this way the complainant does not have to go through another $50 worth of ink again to send the rest of the complaint to the OIPC saying that the complainant received some foi request printouts but that the Regional District of Central Okanagan has still not explained the jump in garbage collection fee revenue in 2007, and that it wasn't like the complainant didn't ask several ways by email and by way of the Freedom of Information Act trying to squeeze the information from the Regional District.

 

Subject: Test
From: North Westsider
Date: April 07, 2009 9:15 PM
To: foi [at] cord.bc.ca

Test

North Westsider

-----------------------------------

Subject: Your Message Could Not Be Delivered
From: Telus.net Postmaster
Date: April 7, 2009 9:15 PM
To: North Westsider

Your message could not be delivered.

The recipient's computer rejected your e-mail.  Please verify the recipient's e-mail address and resend.

Recipient: foi [at] cord.bc.ca
Reason: Blocked


We hope this information is helpful. For more information, visit us at http://help.telus.net or talk to an agent via Live Chat at http://www.telus.com/chat.

Reporting-MTA: dns; priv-edtnes27.telusplanet.net
Arrival-Date: Tue, 7 Apr 2009 22:15:34 -0600
Received-From-MTA: dns; priv-edtnaa07.telusplanet.net (207.102.53.00)

Final-Recipient: RFC822; foi [at] cord.bc.ca
Action: failed
Status: 5.1.1
Remote-MTA: dns; mail.cord.bc.ca (208.181.98.115)
Diagnostic-Code: smtp; 550 Blocked

 

By the way, this is the draft budget for the next few years.  There has been an adopted budget since this draft budget that you may find on the Regional District's website some months after being adopted.

Preliminary Draft Budget 2009 for N.O.W.E.S.I. (Sugar Loaf) Transfer Station

Blue Divider Line

Highlights of the Special Regional Board Meeting– April 10, 2008

Recycling Depot & Transfer Stations Contract
The Regional Board has awarded a five year contract for the operation and collection of materials at recycling depots, waste transfer stations and the cleanup of illegal dump sites on Crown Land. Okanagan Environmental Waste Systems Limited was one of three qualified bids received for a combined services contract, which begins July 1st. Over the five year term based on the volume of recyclables collected, the cost of operating four recycling depots will be $1,825,000 and will see improvements in the layout of each site and bin enclosures in order to improve traffic flow and parking. This cost could vary depending whether the volumes of materials collected are higher or lower than in 2007. The cost of operating the Trader’s Cove and North Westside transfer stations will be $525,000 and takes into account higher fuel and labour costs since the last contract was awarded five years ago. The illegal dumping site cleanup cost remains at approximately $17,000 per year and the contractor will provide improved equipment to access remote locations on Crown Land.

 

$525,000 divided by 5 years = $105,000 per year for both Traders Cove and North Westside Road transfer stations.

The complainant did not see any expense for illegal dumping in the FOI request reply documents containing details of the revenues and expenses, which it states in the board report April 10, 2008 that illegal dumping remains the same at approximately $17,000 per year.  Is the $17,000 included in the contract costing $525,000 and is this $17,000 for all 4 waste disposal sites?

We had in the past emailed the Fire Chief asking about the Fire Boat and Boat House purchase proposed in the 2008 and now again the 2009 Budget, but the Fire Chief has not responded (no pun intended because its not a laughing matter).  Apparently the Regional District told the Fire Chief to not respond so the Fire Chief is doing what the Regional District told him to do.

We are asking the Regional District of Central Okanagan in our next letter that we have spent 3 days writing, if the Regional District can post information in regards to what the costs are to build a fire boat and what the costs are for floater pumps capable of what the fire boat could do or better to its website instead of the community informing themselves with some information probably being hearsay.

In this Freedom of Information request the complainant asked for North Westside Road Fire Dept revenue and expense details of accounts and received this letter below saying it will cost $98.75 when this concerns the complainant as the complainant does live in the area.

 

And if you think this Freedom of Information request costing $98.75 was expensive, just check out this other one.  The complainant had not idea there were so many documents.

 

 

Funny how the complainant received correspondence documents to and from RDCO and La Casa but did not receive any correspondence from the NWCA to RDCO or vise versa.  The North Westside Communities Association held a meeting to discuss the La Casa transfer station with the Regional District at the Killiney Beach Hall back in 2006.  Its hard to believe there was no correspondence.

 

Freedom of Information and Protection of Privacy Act - from the BC Laws website

Division 4 — Public Interest Paramount

Information must be disclosed if in the public interest
25 (1) Whether or not a request for access is made, the head of a public body must, without delay, disclose to the public, to an affected group of people or to an applicant, information

(a) about a risk of significant harm to the environment or to the health or safety of the public or a group of people, or

(b) the disclosure of which is, for any other reason, clearly in the public interest.

 

The Integrated Land Management Bureau has said that the Westbank First Nations has some concerns and in the La Casa FOI package there was a letter from the Ministry of Environment that states they have some safety concerns related to the placement of a waste transfer station next to a public use area. In addition the Ministry has concerns in that Block B and the surrounded Protected Area has known occurrences of Flammulated Owls which is in the area of the proposed transfer station at La Casa.

 

Flammulated Owls concern regarding La Kissa my Assa transfer station.
The size of La Casa subdivision which this transfer site appears to serve seems somwhat larger than most of the private systems we are presently familiar with.
click for larger print.

 

Since the complainant still did not understand the 2007 jump in revenue from reading the print out of accounts received in the FOI package, another complaint form (below) was sent to the Regional District of Central Okanagan on April 13, 2009.  There were plenty of emails and other correspondence back and forth between the complainant and the Regional District of Central Okanagan Communications Coordinator explaining just what the complainant was requesting, but somehow the Regional District either didn't understand or didn't want to understand.  The complainant feels the later.

 

The complainant is blocked from sending email to RDCO's Freedom of Information email all but this one was returned.  This one was not blocked as another email address was used.

 

Subject: Freedom of Information Requests
To: foi [ at] cord.bc.ca
Date: April 14, 2009 3:57 AM
From: North Westsider

To Freedom of Information Officer:

In regards to your letter dated April 1, 2009 in reply to my Freedom of Information request dated Feb 28, 2009 asking to receive copies of all transactions of each revenue, expense, asset, liability accounts 2002-present 023 North Westside Volunteer Fire Dept and 027 Ridgeview Fire.

In regards to your letter dated April 6, 2009 in reply to my Freedom of Information request dated March 1, 2009 asking to receive totals for all revenue and expense accounts for 023 - North Westside Volunteer Fire/Rescue Department for the years 2002-present.

In regards to your letter dated April 1, 2009 and April 6, 2009 in reply to my Freedom of Information request dated March 1, 2009 asking to receive copies of how many La Casa (Ridgeview) properties and how many North Westside Road Fire Protection area properties contributed to North Westside Fire Dept in 2002 up until present, in each of the years.

In regards to your letter dated Feb 2, 2009 and March 26, 2009 in reply to my Freedom of Information request dated December 24, 2008 asking for any and all correspondence to RDCO from the North Westside Communities Association or any of its affiliates from 2002-2008 plus all correspondece from RDCO to the NWCA from 2002-2008. After verbally speaking with you and being told I cannot clarify with you verbally, I wish copies of all NWCA - RDCO and vise versa correspondence from past, present and future in regards to the La Casa transfer station, correspondence in relation to the past, present and future of the Killiney Beach Hall, plus all correspondence in regards to what is currently being discussed in regards to the North Westside Road Fire/Rescue Dept. plus what is being discussed in regards to the future of the North Westside Road Fire/Rescue Dept. especially in regards to the fire boat, boat house, living quarters, water supply, laws, regulations, standards, etc. I also wish copies of the latest Fire Technical Advisory Committee minutes that I may not have received from RDCO Communications Coordinator.  RDCO Communications Coordinator sent me some minutes by email on Feb 6, 2009 4:14 PM. I wish to have copies of the minutes that came later and after the minutes I already received from the Communications Coordinator.

In regards to your letters dated April 1, 2009 and April 6, 2009 in reply to my Freedom of Information request dated March 17, 2009 Supplementary Letters Patent approved on October 27, 1969 in regards to water systems. I don't understand why you cannot find this SLP, as it is mentioned in Subdivsion Regulations repeal Bylaw #35. Thank you for the print out of all the Letters Patents and SLP currently acknowledged by the Regional District, and I am sorry my request was not listed. Maybe it is missing from the list?

It is no problem receiving Orders in Council as I get sent these by email the same day I ask for them. Doris from the Attorney General's Ministry is amazingly fast replying with information compared with RDCO whom seems to be the complete opposite.

In regards to your letter dated March 27, 2009 in reply to my Freedom of Information request dated March 11, 2009 letter dated Feb 24, 2009 regarding policy adopted by the Regional District telling me I am only permitted to correspond by mail and that I wish a copy of this policy and all info regarding this policy plus who elected or voted for it, plus who brought it up. I am waiting for a copy since you say that since this was an in camera discussion that the Regional Board will be required to adopt a resolution to release the in camera resolution and documents at a special in camera April 9, 2009 meeting. You say you will be in contact in due course. I await the documents and expect them shortly. If for any reason RDCO cannot or will not release the documents and information immediately, can you please let me know by email asap.

In regards to your letter dated April 6, 2009 in reply to my Freedom of Information request of July 2, 2009 asking for details of all revenue, assets, expense accounts 2002-present for NOWESI transfer station at Sugar Loaf and especially info about tag-a-bags requested. I am still waiting for the information I have asked for. I have forwarded my second complaint to the OIPC in regards to this same request and faxed you a copy on April 12, 2009. In regards to tag-a-bags, Communications Coordinator said in an email July 4, 2008 11:19 AM quote, "North Westside transfer station purchased 100 tags from us to sell on April 10th, 2008. They purchased 100 tags on August 27th 2007 and 50 tags on April 4, 2006." I don't see any tag-a-bag transactions in the years 2003, 2004, 2005, 2006, and 2008 printouts you sent me. I find this odd that there were tag-a-bag transactions only in the years 2002 and 2007? Can the Regional District assure me these figures are correct? I am also wondering if the Sugar Loaf users are paying for snow and ice control at Traders Cove. Can the Regional District please elaborate on the Superior Ice and Snow Control Traders charges and check that all tag-a-bags sold are included in the printouts that I received. Plus I still don't understand how NOWESI fees also called Allocate Budget Amts for recycling and NOWESI Fees, NOWESI garb. fees, Allocate coll. fees, Trsfr site rev., Balance of fee and all subaccounts of the Garbage Collection Fees account is calculated. I need explaination in exact mathematical terms. I either need a printout or a formula of how the figures are calculated for each of the years 2002-present.

In regards to your letter dated April 6, 2009 in reply to my July 2, 2009 request above plus in reply to my Freedom of Information request dated Feb 27, 2009 wishing to see all transactions of each revenue and asset and liability and expense accounts relating to the NOWESI transfer station from 2002-present. You have mailed me the totals already, but I wish to see the transactions that occured in each of those accounts, especially the Garbage Collection Fees account. Plus to send me totals of of these NOWESI acccounts for 2008. I received the totals for 2008 but I have yet to receive a printout of the Garbage Collection Fees subaccounts as I did ask for transactions and not just totals. If the fees are calculated please advise me on what mathmatical formula the Regional District uses to come up with the Revenue for Garbage Collection Fees.

These are just 4 of the emails Communications Coordinator sent me trying to explain the jump in 2007 revenue for Garbage Collection Fees which Communications Coordinator could not explain in mathematical terms and his reply of Sept 1, 2008 and Sept 22, 2008 does not make sense to me. How can an increase in expense create in increase in Revenue. Hopefully I will get my explanation soon.

Re: Extra $13,298 2007 revenue - 163 properties dated Sept 24, 2008 2:56 PM
Thank you for your email. I have answered this question to the best of my ability. It appears that you are trying to extrapolate data that doesn’t exist by multiplying properties with user fees and creating numbers that don’t have any basis in our budgetary reality. I am sorry if I am not able to explain this to you so that you are satisfied with the answer. I have done my best and have been very upfront, honest and as prompt as possible in answering your questions and emails.

Re: 2007 Revenue Jump $33,462 Sept 1, 2008 4:00PM
During 2007, there were increased costs associated with the facility. Site maintenance, hauling costs and contract service costs all increased and accordingly, these expense increases resulted in the increase you note in the revenues for the North Westside Transfer facility.

Re: Extra $13, 298 2007 revenue = 163 properties Sept 22, 2008 4:18PM
During 2007, there were increased costs associated with the facility. Site maintenance, hauling costs and contract service costs all increased and accordingly, these expense increases resulted in the increase you note in the revenues for the North Westside Transfer facility.

Re: NOWESI revenue jump, why? August 8, 2008 11:47 AM
As this follow up is in response to a Freedom of Information request, I understand that staff is dealing with this inquiry.

I find it hard to believe that RDCO still does not understand my July 2, 2008 NOWESI request and that I am still having to clarify without receiving the information requested. Please see fax (OIPC form) of April 13, 2009 I just faxed in regards to this request.

In regards to your reply letter dated March 26, 2009 in reply to my Freedom of Information request dated March 5, 2009 Waste Reduction Office Memo dated Jan 18, 2007 by Carol Suhan. I find it odd that you cannot find this memo and that Communications Coordinator email of Feb 17, 2009 3:52 PM says quote, "I’m afraid I don’t know what ‘memos’ you are talking about." and that neither of you can find Jan 18, 2007 Waste Reduction Office memo by Carol Suhan, although I did advise both of you that they are Waste Reduction Office Memos by Carol Suhan. Maybe the reason why RDCO charges so much for simple Freedom of Information requests is because documents are unable to be found, and is this due to the way files are filed? Why is it so difficult to find Carol Suhans Waste Reduction Office memo? I can't tell you where or what Waste Reduction Office memos are in your office or anything other than I have already. Is there not a Waste Reduction Office, maybe you could ask this Dept? I doubt that by looking at the second page of this memo that you would be able to tell what Waste Reduction Office Memo I am requesting other than what I have told you already. This 2nd page looks like all the other Waste Reduction memos. I expect that you will eventually find the one I am asking for out of the more than three Waste Reduction memos that I know exist. I did see some Waste Reduction Office memos on RDCO's website, but the search doesn't work in order for me to find this one I am asking for. Maybe you can find it on RDCO's website?

I await copies of the information requested in my Freedom of Information Act request of April 6, 2009 Zoning amendment map #51 that goes with Zoning bylaw #66, plus my second Freedom of Information Act request of April 6, 2009 Supplementary Letters Patent dated January 27, 1970 which grants the power of garbage disposal to RDCO for the defined area of Electoral area "G". I wish to have legal copies mailed to me of these requests.

Information must be disclosed if in the public interest

25 (1) Whether or not a request for access is made, the head of a public body must, without delay, disclose to the public, to an affected group of people or to an applicant, information

(a) about a risk of significant harm to the environment or to the health or safety of the public or a group of people, or

(b) the disclosure of which is, for any other reason, clearly in the public interest.

(2) Subsection (1) applies despite any other provision of this Act.

I wish to add to my requests from the list you sent me.
- a copy of SLP, redefine Boundaries of Electoral Areas "G" and "H", February 28, 1969,
- any boundary amendments or changes in area "G" or my area of Valley of the Sun between 1969 and present.
- division VII Garbage Disposal of the list you sent me in regards to my area at Valley of the Sun
- division XX Noise Control and Garbage Disposal Area A, G, H and I (June 9, 1977).
- plus any other LP's or SLP's in regards to garbage disposal in area "G" or my area (Fintry at Valley of the Sun) between 2002 and 2008
- division XXX Regional Rescue Service (March 31, 1989)
- division XXXI Fire protection (July 20, 1989)
I wish to have legal copies mailed along with maps of these area or boundary changes if they will not be posted to RDCO's website in the next week or so. I wish this request without delay.

Can you please send all records requested without delay as I feel that each and everyone of my Freedom of Information Act requests mentioned above affect me as an applicant, plus affect a group of people, plus each of these requests are about a risk of significant harm to the environment and to the health or safety of the public and a group of people, and the disclosure of which is, for any other reason, clearly in the public interest.

I cannot afford the cost of information records due to RDCO's new policy against me that all my correspondence be by mail, plus the $50 worth of ink for printouts to the OIPC to complain about RDCO not releasing records. Can RDCO please release the records I am requesting without cost and without any further delay. I don't feel I should have to pay at all for information that is a safety concern, including my house being burnt down because of inadequate fire protection. I don't feel I should have to pay $98.75 for my North Westside Fire/Rescue Dept request dated March 1, 2009 asking for totals for all revenue and expense accounts for 023 - North Westside Volunteer Fire/Rescue Department or any of my requests mentioned in this email. I feel that the Regional District is delaying my requests for information on purpose and especially in the July 2, 2008 request that I have yet to receive the information I requested. I couldn't be any clearer to Communications Coordinator asking about the jump in revenue in 2007 and I am sorry if he couldn't communicate that to me since July 2, 2008 through all those emails. I don't know how many emails I asked about the jump in revenue for Garbage Collection fees in 2007. Can RDCO please stop stalling as usual, and release the information without any further delay?

Thanks for mentioning that I can still email the foi [at] cord.bc.ca email address without being blocked. I was advised of this option until you verbally told me to try it. I don't have to spend so much money on ink, paper, envelopes, long distance fax, and stamps if I have the option to email. It has been costing me an arm and a leg trying to communicate with RDCO, with all the correpondence by mail. I still await my July 2, 2008 NOWESI Garbage Collection Fee request. I do hope that the OIPC complaint fax I just sent you April 13, 2009 will clarify to you what my unlimited emails to the Communications Coordinator could not clarify to the Communications Coordinator.

Also my email address of (removed) is no longer in service. I have a new email address (removed). Please advise d.m. and t.d. of my new email address for me since I cannot email them and I am blocked. Both have emailed me since I haven't been able to email the Regional District and the Regional District has blocked my email. I have tried to send an email to d.m. and t.d. and both emails were bounced back saying I was blocked.

If you need anymore clarification than what I have provided above, I would appreciate that you email and let me know asap instead of just sending correspondence by mail. Please email me as well if you absolutely have to send a letter in the mail by law! I just think the postage etc is a waste of money when everything can be done by email which doesn't cost anything. I have a current subscription to the internet and have subscribed steadily for years and don't expect that I will ever be unsubscribing due to the savings, the information obtained, and the enjoyment.

Thank you,
North Westsider

 

The complainant did not receive a message back saying that this email below was blocked so it must have went through.

Subject: May I please be excused from paying fees?
From: North Westsider
Date: April 14, 2009 6:01 AM
To: foi [at] cord.bc.ca

To Freedom of Information Officer:

In regards to your letter dated March 26, 2009 Re: Request for Access to Records - North Westside Communities Association - Any and all correspondence.

Your letter states quote, "In follow-up to our telephone conversation of March 25th whereby I explained to you that you would need to narrow down exactly what information you require as it is not possible to have you just sit down and review all the information provided in the cost estimate of Feb 2, 2009. Staff would still be required to review this information first to determine if anything needs to be severed before you view it. Again, there would be a cost for this to you."

May I bring this part of the Freedom of Information and Protection of Privacy Act to your attention as highlighted in bold and colored red below.
---------------------------------------------------------------

Part 6 — General Provisions
Freedom of Information and Protection of Privacy Act
[RSBC 1996] CHAPTER 165
This Act is Current to March 11, 2009

Fees
75 (1) The head of a public body may require an applicant who makes a request under section 5 to pay to the public body fees for the following services:.

(2) An applicant must not be required under subsection (1) to pay a fee for

(a) the first 3 hours spent locating and retrieving a record, or

(b) time spent severing information from a record.


I do not feel I should pay a fee for the first 3 hours time spent locating and retrieving a record, nor time spent severing information from the records as you suggest that there will be a cost to me for severing records. I wonder does RDCO charge for the first three hours of retrieving records?
----------------------------------------------------------

(5) If the head of a public body receives an applicant's written request to be excused from paying all or part of the fees for services, the head may excuse the applicant if, in the head's opinion,

(a) the applicant cannot afford the payment or for any other reason it is fair to excuse payment, or

(b) the record relates to a matter of public interest, including the environment or public health or safety.

(5.1) The head of a public body must respond under subsection (5) in writing and within 20 days after receiving the request.

Like I said before I barely have much money, plus each and every one of my requests relate to 5 (a) and 5 (b) above. May I please be excused from paying fees for all my Freedom of Information Act requests?

On another note in regards to my Freedom of Information request dated Feb 27, 2009 - The consultants and RDCO, and any other studies and reports explaining the $17,500 proposed cost to each Fintry property for a water system that residents are to vote on by March 9, 2009. Plus any other relevant information not posted to RDCO's websote about the proposed Fintry Water System petition.
I requested RDCO through freedom of information act any reports or studies on the costs I hadn't seen yet for the proposed water system for Fintry, preferably before the petition deadline of March 9, 2009. I finally received a letter in reply dated Friday March 27, 2009 from Mary Jane Drouin saying RDCO acknowledges receipt of my FOI request and that RDCO will be in touch shortly. This reply took 34 days by the time it arrived in the mail on Tuesday March 31, 2009 which was long after the petition deadline.

Why couldn't RDCO be a little faster in supplying the cost estimate for the proposed water system before 34 days in total and one day before the petition deadline? Why isn't this more detailed cost estimate posted to RDCO's website yet? Why was the long June 2008 report by Summit Environmental not posted to RDCO's website until Feb 2009, and the shorter version wasn't post much earlier when these reports are dated June 2008? Can RDCO please clarify? If there is any new information in regards to this proposed water system since my last request, can RDCO please send it asap? Can RDCO somehow keep my updated as soon as information is available without having to ask? I do not know when RDCO receives information in order to know when to ask for information and that is why I would like to be kept updated and informed by RDCO.

Division 4 — Public Interest Paramount
Information must be disclosed if in the public interest
25 (1) Whether or not a request for access is made, the head of a public body must, without delay, disclose to the public, to an affected group of people or to an applicant, information
(a) about a risk of significant harm to the environment or to the health or safety of the public or a group of people, or
(b) the disclosure of which is, for any other reason, clearly in the public interest.
(2) Subsection (1) applies despite any other provision of this Act.

Why didn’t I receive the Fintry Water System FOI request before the petition (vote) deadline? Why did it take so long? I just to received the Fintry Water System more detailed cost estimate report of April 2008 in the mailbox on Friday April 3, 2009 along with the letter from the Engineering dept whom supplied the information saying it only took a minute to retrieve. In total this whole FOI Act procedure took 35 days but it only took the Engineering Dept digging the information out a few minutes as stated in the letter from the Engineering Dept. that came with the cost estimate of the water system? Why did I not receive my freedom of information request for this cost estimate report before the March 9, 2009 water system petition submission deadline as requested which was paramount to my decision to vote for a water system and clearly in the public interest? Plus why was there not a report pointed out along with the cost summary for all the petitioners? I should have received this information before the petition needed to be signed or not signed. Did you know that the Attorney Generals Ministry can reply to my requests within the same or next business day, plus supply the information requested, so why can't RDCO reply sooner than they do, if it only takes a minute for the Engineering Dept to retrieve the information? I feel that the 30 business day reply factor in the FOI Act is there for extenuating circumstances and not for every FOI request to take 30 or more business days for a reply and or to receive the information or no information when it only takes a minute to retreive the record.

I feel RDCO should post to its website information which is clearly in the public interest including the La Casa transfer station FOI request, the North Westside Communities Association Correspondence, the North Westside Road Fire Dept financials, and the proposed Fintry Water Supply System reports, studies, cost estimates, etc. How about information in regards to floater pumps and the fire boat which is a contentious issue in the North Westside as displayed by North Westsiders to the Board at the Budget meeting of March 27, 2009 final adoption of the Budget. The whole room was full of North Westsiders with one half the room for the fire boat and the other half against the fire boat. I want water to fight a fire. How about a floater pump at Valley of the Sun pond tomorrow? No use having a fire dept without any water system! What I would like to know is what a floater pump at each subdivision would cost compared to one proposed fire boat and boat house costing $130,000.

May I please be excused from paying fees in my Freedom of Information Act requests?

Thank you,
North Westsider

 

The complainant received this letter without any acknowledgement of the email dated April 14, 2009 that the complainant sent, but the complainant didn't get an email back saying that the email was blocked and the Freedom of Information Officer said to try sending an email to foi [at] cord.bc.ca.  RDCO must have received the email above but is ignoring it... the jerks!!!

This is the statement that came in the same envelope as the letter dated April 15, 2009 above

Its funny that the accountant mentioned in the letter above sent another invoice a while back stating the charges were for the Westside Sanitary Landfill?

 

 

This was the bill received Dec 17, 2008 and it mentions La Casa Transfer Station FOI Act request.  Since RDCO ignored the complainants email sent April 14, 2009 6:01 AM asking for reprieve, the complainant then faxed the reprieve request April 23, 2009 and is also going to mail the request in a few days when the mail piles up.

 

Revenue used to finance regional district operations and services is generated through property taxes, fees and other charges. Unlike municipalities, regional districts are required to match the benefits and costs of its services to the people that benefit from the services. In other words, residents pay for what they get.

http://www.cserv.gov.bc.ca/lgd/pathfinder-rd.htm

On March 27, 2009 the Freedom of Information Officer verbally advised the complainant that the foi [at] cord.bc.ca email may work.  So the complainant tried it.  The first email sent April 14, 2009 3:57 AM went through and was not returned as blocked, but a new email address was used.  The second email sent on April 22, 2009 3:40 PM did come back as blocked and the same email address was used.

Subject: Your Message Could Not Be Delivered
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Date: April 22, 2009 3:39 PM
To: North Westsider

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The recipient's Internet Service Provider rejected this e-mail. Please verify that the e-mail address and your "from address" (in the header) were entered correctly and resend.

Your message was rejected by mail.cord.bc.ca for the following reason:

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The following recipients did not receive this message:

foi [at] cord.bc.ca

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Subject:  Number of North Westside Fire/Rescue Properties 2002-2005
From:  North Westsider
Date: April 22, 2009 3:40 PM
To: foi [at] cord.bc.ca

To Freedom of Information Officer:

I received your reply letter dated April 14, 2009 in regards to my FOI request dated March 1, 2009 quote, "Wish to know how many La Casa (Ridgeview) properties and how many North Westside other than Ridgeview (La Casa) in the North Westside Fire Protection Area contributed to the North Westside Fire Dept in 2002 up until present in each year." unquote.

Your letter states quote, "There were no parcel taxes for years 2002-2005 therefore no records are available." unquote. Your letter also gives me the the number of Ridgeview parcels and the number of North Westside Fire parcels other than Ridgeview that contributed to the North Westside Road Fire/Rescue Dept. for the years 2006-2009. Thank you.

Are you sure RDCO can't find any numbers from any of RDCO's depts, in which RDCO would be able to tell how many parcels Ridgeview and other than Ridgeview, or even just how many properties in total contributed to North Westside Road Fire/Rescue in the years 2002-2005?

Thank you,
North Westsider

This email (above) sent to the Regional District of Central Okanagan by the complainant was blocked and it was sent to RDCO's Freedom of Information email address of foi [at] cord.bc.ca, so it was printed out and then faxed to RDCO on April 23, 2009, plus a copy was put in the envelope for the Office of the Information and Privacy Commissioner.

 

 

 

 

April 27, 2009

To RDCO:

In receiving printouts of the financials for NOWESI (Sugar Loaf) transfer station FOI request dated July 2, 2008, I notice there were charges for City of Kelowna, Superior Snow and Ice Control Traders, and Argo. Plus I don’t understand where $7,200 credit from BFI Wood Inv. would have came from and what it was for. Plus I feel that the charge for Contract Services doesn’t necessarily need to be so expensive.

  • I would like to know if Sugar Loaf users paid the City of Kelowna’s Landfill dumping fees in the years 2004 and 2005, or did the City of Kelowna haul Sugar Loaf transfer station’s garbage? If these charges do not belong to Sugar Loaf can the charges be reversed?

  • I would like to know if in the years 2007 and 2008 under Site Maintenance where it says “Superior Snow and Ice Control PO #22683 Traders”, do these charges mean Sugar Loaf users paid for snow and ice control at Traders Cove transfer station? If so can these charges be reversed?

  • In 2006 under Solid Waste Management for “BFI Wood Inv Trsf Per Carol Suhan” $7,200. Can the Regional District please explain where this money came from and why the Regional District received so much money from BFI?

  • In 2008 under Solid Waste Management it says Argo Road Maintenance Grade. Is this for grading of the wash board logging road or the transfer site or what is this charge for? I notice this is a single charge only in the year 2008. Why is 2008 the only year where a charge for Argo’s services appears, and why wasn’t Argo needed in other years?

I would like copies of the invoices for the following:

  • City of Kelowna landfill dumping fees in the years 2004 and 2005

  • Superior Snow and Ice Control Traders invoices in 2007 and 2008

  • BFI credit in 2006 for Wood Inv Trsf $7,200 and a printout of each account that this Trsf affected. I wish to see more detail in regards to these charges so that I can understand where the credit came from and what exactly this credit was for. (I need account printouts, letter, cheque, invoice and all documentation that is available to understand this transaction.

  • I also wish a copy of Argo’s 2008 invoice for $500.85 – $23.85 = $477

Can the Regional District please explain what the Argo charges were for and why residents paid Argo Road Maintenance $500.85 in 2008 and didn’t pay Argo in any if the other years?

I noticed that Contract Services has increased significantly between 2006 and 2008.

2006 $11,602.41
2007 $20,169.81
2008 $21,662.56

Between 2006 and 2007 $8,567 increase in contract services
Between 2007and 2008 $1,492.75 increase in contract services
TOTAL increase between 2006 and 2008 is $10,060.15 for contract services, which in 2006 it only cost $11,602 in total for Contract Services.

I feel it is unnecessary that the transfer station attendant be employed by BFI. Would it be possible for the Regional District to write the transfer station attendant’s cheque instead of BFI? I don’t believe that the transfer station attendant needs $10,060 per year worth of direction, control, and WCB coverage from BFI. If the Regional District paid the transfer station attendant’s wages directly there would be no middle man (BFI) to consume $10,060 worth of Sugar Loaf user’s money minus WCB coverage of $140.00 to employ the transfer station attendant and minus whatever it costs BFI to do the payroll. I am sure that the actual costs to employ the transfer station attendant do not add up to the approx. $10,060 that BFI is being paid for contract services. The transfer station attendant’s job description is to look after the transfer station, so I don’t understand why BFI is paid $10,060 if the transfer station attendant’s wages did not increase substantially. Can RDCO cut out the middle man (BFI) from the transfer station attendant’s wages?

In my prior Freedom of Information request dated July 2, 2008 I had asked for the contracts for the transfer station and only received part of the BFI contract in effect from Jan 1, 2007 until May 31, 2008. The parts that were missing were appendix A and B that show what exactly BFI is paid and what the transfer station attendant earned. I am still waiting for the information. Can you please forward the information a.s.a.p.

Now that a new contract has been drawn up in 2008 to haul waste and provide a transfer station attendant at Sugar Loaf, I also wish copies of this latest contract which I have submitted a Freedom of Information request dated April 24, 2009. In your reply can you please include the whole contract including appendixes unlike my request of July 2, 2008?

Thank you
North Westsider

The complainant attached this printout to the letter above.

 

April 30, 2009

To the Regional District of Central Okanagan:

I just read on RDCO’s website that there was a public hearing for the proposed La Casa transfer station location, and that notification was published in the Kelowna newspapers.

The people whom use the proposed La Casa transfer station and reside in the area of the La Casa transfer station do not receive the Kelowna newspapers but instead receive the Vernon Morning Star.

I would have attended the public hearing if I would have known about it. I would have read about it in the Vernon Morning Star. I do not check the Regional Districts website the Friday before each meeting because I never remember when the meetings are and it takes several minutes to check the Regional Districts website each time there is a meeting, as I am on dial-up and it takes several unnecessary clicks to get there. I wish the Regional District had an email list and sent out the agenda to the people whom wish to receive it so that I don’t miss meetings.

Can the Regional District publish in the Vernon Morning Star another public hearing date in regards to the proposed La Casa transfer station so that the people whom will be using the proposed transfer station at La Casa have a chance to attend a public hearing and speak up?

I do not agree that a transfer station be so far away as 27 km’s from Westshore Estates to La Casa and back. If the people at Westshore prefer La Casa’s afternoon hours they will be traveling a lot farther than they use to. The La Casa transfer station will not provide garbage disposal for me as I never go to Kelowna.

I can’t believe as stated in the Regional District of Central Okanagan Public Hearing Agenda - Monday, April 27, 2009 Item 1 Zoning Amendment Bylaw No 871-194.pdf, quote, “Further to the Public Hearing notification process, no letters or correspondence had been received from the community at time of preparing this report”, when I have sent in email correspondence in regards to the proposed La Casa transfer station many times in the past complaining about the location of the proposed transfer station.

Will the Regional District please re-advertise in the Vernon Morning Star another public hearing date in regards to the La Casa transfer station so that the people whom actually live in the North Westside Road area can be notified of a public hearing? I do want to speak up about this proposed transfer station at La Casa.

The Regional District did reply on May 6, 2009 saying not a thing except that no further response will be sent.

 

okanaganlakebc.ca feels RDCO does not want the information to get out to not just the complainant requesting the information but to the whole community, as RDCO is well aware that the information from the complainant is posted to okanaganlakebc.ca website so to inform residents.

The Regional Board has given direction to staff to apply to the Information and Privacy Commissioner under Section 43 to disregard your requests, as it is believed your requests are repetitious and interfere unreasonably with the public body operations.

www.okanaganlakebc.ca believes that the Regional District doesn't want you to know how your money is being spent!!!  Why are the North Westside Fire Dept actual expenses not posted to RDCO's website for instance?  RDCO will post the budget on what they want to spend but don't show you what was spent and for what, and how much did it cost for what.


click letter to read larger print
Letters mailed to RDCO April 14, 2009 and April 14, 2009
April 27, 2009
April 30, 2009
It took numerous requests to get half the information.  RDCO sent the contract for the NOWESI transfer station with only half the information.. what about the schedules and appendixes??

To www.okanaganlakebc.ca, it looks like RDCO is trying to thwart the information getting out to the public.  Why shouldn't residents be able to have information in regards to water supply, fire protection, and garbage disposal without having to beg through Freedom of Information Act and then told you can't have the information??  Please contact your MLA, and Regional District if you believe information should be freely available without having to beg for it and not get it.

RDCO complains about repetitious requests from the complainant, but there would not be repetitious requests if RDCO would just answer the question in full and in a reasonable amount of time.  There are really only 3 requests, garbage, water, and fire protection.

In the Freedom of Information request for NOWESI Transfer Station contracts to run the Sugar Loaf Transfer station dated July 2, 2008, the Regional District of Central Okanagan replied with only half the request (RDCO sent just the BFI contract and not the appendixes that went with the contract).  Another request had to be mailed asking for the appendixes. And the second part of this same request of July 2, 2008 was also not answered in how did the jump in revenue in 2007 occur?  DID SOME OTHER AREA CONTRIBUTE OVER $33,000?

RDCO apologized to the Office of the Information and Privacy Commissioner for not releasing the July 2, 2008 information and never did say where the 2007 jump in revenue of $13,000 for the NOWESI transfer station came from, but did send some financial records which does not show where the jump came from or how it was calculated.  Another complaint to the Office of the Information and Privacy Commissioner was sent asking about the jump in revenue.

The complainant is still waiting May 16, 2009 for the very first request of July 2, 2008 of how the jump in 2007 revenue in the "garbage collection fees" account was arrived at, plus the rest of the BFI contract.  RDCO made many Freedom of Information requests out of one request, and RDCO is now blaming the complainant???

If you want to know the whole story, here is where it all started ... way back.

On the way to vote Green and NO for STV on election day May 12, 2009, this is what we saw sitting beside Westside Road south of Killiney Beach and north of Estamont.
What time does the movie start??  Click here to see the show.

 

You can see Okanagan Lake in the background.

This isn't the only TV we have seen illegally dumped in the North Westside.

North Westsider's garbage disposal fees went up $44 per trip each for yard waste, recycling and garbage being delivered from Sugar Loaf transfer station to the Kelowna BC Glenmore Landfill, and they have to travel all the way out by the Kelowna Airport to dump their large items like furniture and appliances when the Westside Landfill is closed.

Blue Divider Line

VOTE GREEN

This will help ensure that our elected politicians can no longer betray us behind a veil of secrecy. For example, we will make all freedom of information requests about our government easier and more affordable.

http://www.greenparty.bc.ca/platform/reform

Blue Divider Line

May 8, 2009

To the Regional District of Central Okanagan Robert Hobson Chair:

Re: Public Hearing for rezoning crown land (La Casa strata KAS2428 transfer station crown land application) District Lot 5266 together with Blocks B, C and D, District Lot 3542, Osoyoos Division Yale District that according to the ILMB database on May 15, 2009, a decision has yet to be made. ILMB File # 3402164
http://www.arfd.gov.bc.ca/ApplicationPosting/viewpost.jsp?PostID=9211

A Regional District is required to follow the Community Charter in regards to how a Regional District must publish notice of a public hearing.

Community Charter Division 4 — Public Notice and Access to Records

Requirements for public notice

94 (1) If this section applies, the applicable notice must be

(a) must be in a newspaper that is distributed at least weekly

(i) in the area affected by the subject matter of the notice, and

(b) unless otherwise provided, must be once each week for 2 consecutive weeks.


The Regional District did not publish the aforementioned La Casa transfer station public hearing in a newspaper that is delivered in the area in which this rezoning would occur. The Kelowna newspapers are not delivered to the area in question but instead only the Vernon Morning Star is delivered to the area.

Will the Regional District please reply with an answer on what it is going to do about proper publication of a public hearing for the La Casa transfer station land so that I may attend this public hearing, plus what time and where will this public hearing will take place. 

Blue Divider Line

2001 - 2008 contracts to operate the (N.O.W.E.S.I.) Sugar Loaf transfer station in the North Westside Road area.

Blue Divider Line

NOWESI Transfer Station Budgets plus totals of accounts.

Blue Divider Line

If the form below does not work,

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Do you feel the Regional District was unreasonable with the complainant?

Do you feel Communications Coordinator performed his duties as Communications Co-ordinator in a satisfactory manner?

How about the Freedom of Information Office, do you feel it performed its duties in a satisfactory manner??

Comment Form

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this story here on this website.

Or email RDCO Chair Robert Hobson with a link to
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About the garbage petition that started all this

BACK TO BEGINNING OF THIS STORY

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General Ledger Detail of NOWESI Fees, Environmental Health Services, Sanitary Landfill, Transfers from other funds, Solid Waste Management, Site Maintenance, Hauling charges, Tag-a-bag Stickers, etc. received in the Freedom of information package received on April 9, 2009

2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008

Totals of NOWESI accounts 2002-2008

$25,000 in the budget for a transfer station

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Westside Road Gossip
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