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Submitted by Bert on Sat, 09/20/2008 - 2:34pm.

On StageAt least two City Council Members, Mayor Doug Mah and Council Member Rhenda Iris Strub (please let me know if you know of any others, so that I can update,) received substantial campaign support from interests associated with Triway Enterprises, including but not limited to Mr. Tri Vo (sources: OlyBlog, Works in Progress, Washington State Public Disclosure Commission). Triway has a launched a major proposal to significantly alter zoning regulations on the Isthmus area of downtown Olympia. The zoning changes would allow Triway to build a truly massive structure, which is billed as a mixed-use development to include parking, retail and high-end housing. The structure, as envisioned, would contain 141 "up-class" condominium units priced from $800,000 to $1.2M. The City of Olympia has spent $50,000 city tax-payer dollars to study the impacts of the zoning changes as proposed by Triway.

Triway, obviously, will receive a substantial financial benefit from the passage of the proposed Isthmus zoning changes. Land on the Isthmus, which belongs to Triway (or land which Triway has options to purchase,) will drastically increase in value as a result of passage of the rezone proposal, regardless of whether or not the envisioned Larida Passage is ever actually built. (So Triway could, potentially, sell the land for profit after using $50,000 City taxpayer dollars to fund an impact study. - Personally I think Triway should reimburse the City.)

My question is whether or not there is a conflict of interest given that certain Council Members, whom have received significant and substantial campaign support, could vote to approve a zoning change that would be of significant and substantial benefit to a campaign contributor.

Testify!I am not a lawyer - I am not certain of the legal requirements regarding this issue. But there is at least an appearance of impropriety if certain Council Members support a decision that would essentially result in rewarding the special interests of a campaign contributor.

$50,000 is a lot of money. It's especially a lot of money to spend on a project, the results of which will have dubious merit for the overall tax-paying public of Olympia. (You say revitalization - I say gentrification (and harm to the natives.))

Let's face it. The passage of this proposal (and would-be project) would benefit specific individuals, as well as a specific subset of the population. Yet city tax dollars have been used to subsidize the proposal. It's a private development proposal. Is it appropriate to use public funds to accomplish the proposal?

It is my firm position that zoning changes need to be led by public process. We need a city government that is community-driven and participatory and broadly inclusive. The process we currently have does not do enough to include the broad public, it is exclusive and limited to those who are involved in development...

I believe that this spot rezone poses a conflict of interest; council members who received campaign support might give the appearance of offering reward for campaign contributions.

So, my question (somewhat rhetorical, but not entirely (regarding legal implications)) is whether or not there is a conflict of interest with Council Members, whom have received support from the developer in question, voting in favor of a proposal that would benefit the developer. It would have an appearance of rewarding a campaign contributor. Perhaps it is just an appearance of impropriety. What do you think?

Sincerely,
bert

»

Wow! a new low in the Ishtmus debate

Bert, your allegation of a conflict of interest is nothing more than unethical speculation. You claim Mah and Strub received Triway money, offer no details and then launch into inuendo. This post is ethically and logically problematic. And kinda chickenshit.

Using your logic, when real estate issues arise almost the whole damned city council must recuse themselves due to accepting campaign money from Thurston Affordable Housing Council and/or Citizens for a Thurston Citizens for a Better Community both PACs of the Master Builders, and both who make Triway look like a piker in light thousands of dollars they have sprinkled over our body politic in the decade both PACs have been active.

What about an issue nearer and dearer to your heart? Should Rhenda recuse herself on bike lanes because Jim Lazar wrote a $200.00 check? Should Craig not vote on parking or Music in the Park because Steve Bean gave him a $125.00? Should Hyer bow out of anything that concerns K Records because Calvin Johnson tossed him $150.00? You see where I’m going with this. Using your logic all council members should recuse due to an appearance of conflict on just about anything on the council table.

Now for the numbers.  In 2007 city council campaigns:

Doug Mah's campaign received $1,500.00 (7%) of the $22,200 raised from Tri Vo, Triways Enterprises and Nguyen Vo who I am assuming is related to Tri.

Rhenda Strub's campaign received $250.00 (1.3%) of the $18,260 raised from Triways Enterprises.

Jean Marie Thomas's loosing campaign recieved $250.00 (2.5%) of the $9,700 raised from Triway Enterprises.

Otavelli recieved no Triway money. 

Of the remaining council, Machlis was appointed. I could find no Triway money contributed to Kinsbury, Hyer or Messmer although each had recieved money from developers, realtors, or associations that represented said contributors in previous campaigns.

Interstingly, in the 2007 race Meta Hogan's campaign has the highest average contribution. Her top nine doners gave close to $4500 of the of the $9,000 raised and theoretically giving a small group quite a bit of influence over her. Of the $9,000, $1,300 (14.4%) came from Christopher Bauermeister and Patrick Kwiecinski, two bar owners and public opponents to the noise ordinance. If Meta had been elected should these contributions prevented her from voting on the noise ordinance? Fire codes? Liquor licensing?

Bert, your allegation that there is an actual conflict of interest assumes 1. the recipient  knows of the contribution, 2. has a quid pro quo agreement for the contribution, 3. has an actual monetary interest in any issue before them, and 4. lacks the moral and ethical fiber to make a decision based on the merits of the issue and the will of their constituents. Allegations of an appearance of a conflict is mud slinging, and if the council member were a private citizen, slanderous.

This is a bad argument logically and worse politically. Accusing Doug and Rhenda of ethical turpitude, (this is what you're hinting at but not brave enough to say outright) sure ain’t gonna make working with them on other issues any easier.  It’s ok to disagree with them. It’s a little less ok to argue against what you perceive to be their position. It’s not ok to make unsubstantiated and un-provable allegations. That is what Rush Limbaugh does.
»

Paging Mr. Pot, you have a call from Mr. Kettle...

Before you start throwing around allegations about someone else's "unethical" lack of facts and details, it might behoove you to check your own (rather dubious) "facts" first. For example, in reference to Meta's contributors, you claim that Chris Bauermeister is a bar owner, when, in fact, he owns NO such business.
»

Thank you for the correction

and please point out any other error I have made. My apologies to Mr.Bauermeister.

Clarification: The numbers I list for campaign revenue totals are rounded down to the nearest hundred and do not contain in-kind contributions which in all cases are under one thousand dollars.

I stand by my assertions. Making a campaign contribution does not mean you have bought a candidate. There is no C of I, real or apparent, in this case. It is unwise and unethical to claim so.

Mr. Whitlock has not called for other council members to recuse themselves from any other issue due to their contributor list. His sudden concern over C of I is not a principled stand but a short sighted tactical move taken because he suspects two council members to hold a view he does share.

Mr. Whitlock has alleged unethical if not illegal behavior without a whiff of proof. That is exactly what Rush has made millions doing. Indeed a pot is calling a kettle black.

»

COI

You claim that there is no COI. But there is potential, (given an affirmative vote on the zoning changes,) for the appearance of impropriety. How can you disprove that? It's just the way it is. The Council Members could deny it. But it still wouldn't change the fact that they would make a decision that would be of great financial benefit to the campaign contributor, Triway Enterprises (and all associated private interests.)

And as far as this being the first time that I have mentioned COI in re: city council activity, let me say this: I am just learning.

I am not the pot calling the kettle black. I am a citizen and a resident of Olympia. And I am looking out for what I believe is best for all the people of Olympia. I am looking out for the public interest.

Laurian, I think it would help if you made sure to understand the difference between private interests and public interests. With that, I will say thank you for challenging me on this matter, because it has helped me to understand the issue more deeply.

bert




»

Ethical Turpitude

Maybe you're right, Laurian.

I think we can do better than this. This is a special interest project. Tri Vo will benefit financially from the rezone. There will be an appearance of rewarding a campaign contributor.

This is not a public interest project. It is a special interest project.

What really needs to happen is the development of public campaigns, so that people who want to serve the city as a member of the City Council don't have to raise money privately. Everyone should have equal resources for political campaigns - candidates should be judged by the quality of their actions and ideas - not how much money they have to spend, or how they spend it.

Unethical speculation? I don't think so. This is a critique of a system - a system that is broken and is not working for people.

I stand by my critique. We can do better than this political system of favoritism. We need a system that represents the public interest - not special interests.

Triway ought to reimburse the city for the $50,000 study. Study's shouldn't be used to enable, to offer cover and an appearance of normalcy, and normal governance.

This is a special interest project that is being ferried through, and it's being protected by government structures, despite an overwhelming public dissent.

If council members who received campaign contributions from Tri Vo, Triway Enterprises, or any associated interests (i.e. banking, realty, developer, building), vote to approve the rezone, then there will be the appearance of rewarding campaign contributors by supporting this special interest project.

I wouldn't go as far to call it "ethical turpitude," but I do think it would be unethical, and it would give an appearance of offering reward by approving a campaign contributor's special interest project.




»

You should cross reference

You should cross reference the 4400+ persons that signed the park study initiative and see if they donated anything to any of the council people. If any of them received any money from any of the signers, then I suppose they should recuse themselves from anything having to do with the park.

And speaking of 50K: who is going to pay for the park? I mean, opponents are worried about TriWays selling the land, but shouldn't they be really really excited? I mean, talk about opportunity! Then again we all know that the time to purchase the land was 50+ years ago, but the opportunity may come a knockin'.

Anyway, how much will the feasibility study cost as outlined on the park initiative?

Paid for by Citizens for a Fair and Equal way to get TriWay kicked out of town forever

But I am Just Another Voice

»

paying for the park

I, for one, would be willing to provide volunteer labor to tear down some of the buildings and rip up the pavement. I bet a lot of the work could be accomplished by volunteers working in coordination with government. I just had a thought, why isn't the county in on this. Thurston County has resources that might be helpful for creating / crafting a park.

You're right. It's important to consider how a park might be funded and how the work would get done. I am sure there are ways to do it in the most affordable and community oriented ways possible.




»

Just because you apparently

Just because you apparently don't work and have plenty of time on your hands doesn't mean normal people do too.

Getting people to volunteer to tear the buildings down and build up a park? Puh-leeze.

»

practicality of volunteer effort

So, I hear you saying that you don't think that people in Olympia would be interested in contributing their volunteer effort toward the creation of a great Isthmus park open space.




»

You heard correct.

You heard correct.
»

I agree with you Mary

It would be improbable that volunteers could pull off something of this magnitude. All of the myriad technical details aside, just getting boots on the ground consistently for the duration of time it would take to complete would be a task that would require a full time position, that's about 50 grand you gotta come up with for pay and taxes and all. Plus, why build a park when volunteers are needed in shelters so people can sleep indoors? A new park wouldn't provide a place for people to live, if it's an extension of Heritage Park it would be state property and would close at dusk. A new park is a luxury that I can do without until we figure out how to shelter all of the new homeless our economic crisis is creating.

RW often entertains wild notions that live somewhere just beyond reality, but that's OK, we need people like him in this world.

»

Public Interest v. Private Interest

There is an important distinction to make in your argument, Laurian. There is a difference in how public officials make decisions between interests that are public and those that are private. Let's take the bicycle example that you mentioned.

Let's say an avid bicyclist contributed to the campaign of some council members, and they were to face a decision about whether to more fully fund bike lanes in the city. Their support for bike lanes would not constitute COI because bike lanes are in the public interest. Bike lanes encourage bicycling. Bike lanes make cycling safer. etc.

However, the rezone decision will directly affect the financial outlook of Triway Enterprises - a private corporation.

Pointing out COI, indeed, asking if this situation constitutes COI, is not unethical. This is what democracy looks like.

We are talking about campaign contributions here. Contributions from Tri-way, which stands to significantly benefit financially if the rezone is approved. That's all, Laurian. It's really not complicated. It is uncomfortable though. And believe me, it's a little unnerving. But I think pointing out COI is important in moving toward the public interest and the purpose of creating a better society.

We can't have wealthy people with special interests thinking that a few hundred, or a few thousand dollars, in campaign contributions can make things go their way (especially when their way conflicts with the public interest.)

My speculation is not unethical. But the appearance of rewarding a major campaign contributor is a conflict of interest.

What this speaks most loudly and clearly to is the argument in favor of public campaign financing - or even further - direct democracy.

No hard feelings, Laurian.




»

(this project will) benefit

(this project will) benefit specific individuals, as well as a specific subset of the population.

That argument could be applied to any number of projects or initiatives by the city. Like bike lanes. They only benefit bicyclists. Or low income housing. They only benefit poor people.

In the bigger picture, we know that development downtown will have a ripple effect. Since you are an opponent of the development, then I think your argument would be stronger if it was less "rich people = death to downtown" and more about facts.

I think saying that the city council is entertaining this TriWay proposal only because they had a small monetary donation by TriWay is ridiculous.

But I am Just Another Voice

»

So,

Clarify for me one thing, please. What I get out of your statement here is that you believe supply side economics (better known as Trickle Down Economics) works. Why would it work on a local level when all signs indicate it isn't working at all on larger levels (see: our economy)?
»

No, I didn't say anything

No, I didn't say anything about trickle down economics.

What I did say is that reusing old buildings and developing vacant lots will have a positive ripple effect on the downtown core. The new 141 wealthy residents aside, extending our downtown onto the isthmus is just a way to bring even more restaurants, businesses, and other necessities into our downtown.

At any rate, I believe that on a local block-by-block level, trickle down economics does play a huge roll in the vitality and longevity of a neighborhood or downtown. In the 1950's, as people and businesses moved out of downtowns, so did their money, department stores, jobs, etc... This is about reversing the trend.

Revitalization means bringing people into downtown. It is a proven technique to develop vacant lots with housing-- all levels of housing-- to ripple a downtown into meeting the needs of new a diverse consumers. Saying that a downtown will not respond to the needs of the 3 new developments in downtown is just plain ignorant.

I am really getting tired of all the isthmus stuff. All I am hearing now is less and less about parks and views and more about rich people.

Paid for by Citizens for a Fair and Equal way to get TriWay kicked out of town forever

But I am Just Another Voice

»

public v. private

Bike lanes and low income housing benefit everyone - just like subsidized bus fare - because those programs enable the poor to function economically in society. It enables people to work low wage jobs - labor that benefits the wealthy. Similarly with bike lanes - they make travel safer, increase bicycle use (which reduces pollution.) etc.

Have you watched the video of the Council Public Hearing on this issue? The testimony of the public was very illuminating. It's well worth watching. I posted a blog with the video. Hopefully I'll get the final installment up soon. Definitely worth watching. Might not change your mind, but it might help you to understand where different people are coming from.

bert




»

the other thing

to remember is, that you want a park on the isthmus, because you don't want millionaires living there. But you told me yourself, that if you could, you would build a house, a tower actually, on the isthmus yourself.

hmmmmmm

mathias

»

living on the isthmus

Mathias, maybe you didn't understand me when we were talking about this a couple weeks ago. What I said was that I might build a tower on the Isthmus if I was one of only twelve or so human beings and I was for some reason required to build a place in Olympia.

A completely hypothetical and fantastical statement. I said it because I can understand why someone would want to live in a tower on the Isthmus. Though I think the Capitol Campus hill would provide a better location, and in my fantastical hypothetical situation, I would probably choose another location, like the Capitol Campus hilltop, to build the tower.

In fact, the reason that I would want to build there is precisely why the area should be preserved as a public space. Everyone deserves equal access to the isthmus. It shouldn't be sequestered for the benefit of a small subset of the population.




»

I wish

I wish I could share the same enthusiasm with you on that particular piece of landfill.

If it would be some place truly spectacular, in my eyes, i perhaps would share your view. I just don't think this place is that important.

There are lots of natural places in the world that we truly shouldn't disturb or are worth fighting over.

I've just been re-watching Planet Earth, the BBC movie series that aired on the Discovery Channel and I am totally entranced by the natural beauty of our Big Blue Planet and shockingly reminded of the consequences of our actions.

 

mathias

einmaleins

»

I'm With You Mathias

and I wonder if those opposing the condos and wanting a park would be putting the same energy into opposing low income housing and trashing the names and reputations of those who don't envision the same thing for the land that they do.

I believe this is more about elitism to those in opposition than it is about the land itself.  I think because the condos aren't priced for those against them it's just easier to resort to some of the actions and making statements out of frustration many of us have just shaken our heads at.

I also believe if Tri Vo asked to raise the height limit to build low to moderate income housing Bert and his fellow fanatics wouldn't be grasping at straws and stooping to whatever level necessary to get their way.

»

complicated issue, perspective of a fanatic

Hey, I always appreciate it when you post JMK, because you bring a perspective that is really interesting. You call me a fanatic. That's okay. I can forgive you.

I will tell you that this issue is complex. It's not either / or. It's not either about the views, or the apparent pandering to the wealthy upper class (to the detriment of the native working class and poor population.) It's a combination. The opposition argument is intricate and highly nuanced.

The opposition is not only against the rezone proposal and triway's larida passage concept. It is also for something. It is for a public space - a park. A central park that everyone can feel proud of, that everyone can participate in, that everyone can feel a part of, and enjoy.

It's not only about opposing the taking of the open space and the views, it's also about opposing the relegation of the views to a small subset of the population (those of whom can then look down on everyone else who doesn't have access.) It's about fairness and equitability. It's about private interests influencing public government.

America is dying because of corporatism (corporatism is when corporations gain untoward influence and power over the functions of government.)

Speaking only personally, for myself - as (what you describe as) a fanatic, I only want to resist corporate power. I want to uphold the public interest. That's part of where my passion - as you might consider it to be fanaticism - comes from.

Now I have to get some rest, because all of that stooping is really fatiguing. hahaha




»

Really?

Lesse 80% or more of the housing downtown serves the "native working class and poor population" so does that mean ALL housing built downtown must continue to do so?  Why can't other types of housing be built?  Why does there always have to be such a knee jerk reaction that anything built for rich people is automatically bad?  Sounds like a bad case of classism.

Secondly, this country was built on corporatism and it's certainly not dying because of it. If you kill corporatism, you'll be killing your fellow man.  He won't be able to earn an income to support a roof over his head and put food on his table and then there will be nothing but streets full of homeless people and boarded up businesses.

»

What is Common Sense?

Regardless of who paid what or who said what...we all need to remember that Council Members are voted in as public servants to represent the people. Unfortunately I get the feeling that some of them seem to believe they are above the public - and perhaps think they know better than the general public even when there is an obvious majority opinion. Where does this attitude come from? Is it based on pressure, influence, assumptions, fear? I really don't know...although I know it not common sense. I would HOPE decisions are made based on experience, education, research and open minded consensus. I do know that if the Council Members are wise they will weigh carefully the consequence of going against a large majority. When election time comes they alone will bear the burden of making decisions based on privately held assumptions rather than seeking broad based consensus. Unfortunately until that time, we - the people- are stuck with the ill-informed, non responsive decisions they make in the mean time. Good, long lasting leaders understand that long range vision doesn't EXCLUDE the will of the people, it INCLUDES it. And true leaders find a way to UNITE not divide, and they realize that everyone is a lot better off if the energy spent arguing is used instead to find a solution by working together.
»

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