Update on Kensington Island Properties aka 34083 Yukon Inc. Violating the MDA by Subdividing Contaminated Coal Hill Section

This is an update to the following 2 posts about KIP pulling a fast one by subdividing a portion of the coal hill which is KIP’s property but contaminated and gave it back to the province.

This was accomplished in April 2017 just prior to the provincial election where KIP’s Liberal buddies were voted out.  KIP then advised the Regional District through his counsel April 28, 2017 that KIP was in compliance with the MDA.  How did KIP arrive at that conclusion?

This developer is very successful at making everything a dog’s breakfast.  Remember, “time lines don’t matter when you’re dealing with government.”  Neither do agreements from these actions.

https://allthingsunionbay.com/2017/09/16/kensington-island-properties-aka-34083-yukon-inc-misled-the-comox-valley-regional-district-april-28-2017/

https://allthingsunionbay.com/2017/09/15/kensington-island-properties-aka-34083-yukon-inc-pulled-another-fast-one-you-are-going-to-pay-update-on-the-coal-hill/

Proof Mark Lewis in the above document is KIP/34083 Yukon Inc. lawyer.

The Spin Kensington Island Properties aka 34083 Yukon Inc. Used in January 2006 – Check Out the Location of the Permanent Water Treatment Facility

KIP showed up claiming the ability and funds to build a development which would benefit existing Union Bay residents by providing water treatment and the promise of hooking up to a sewage system KIP claimed would be built.   The promises made by this developer seemed too good to be true.

The following pdf is from January 2006 when we were told KIP only wanted to use Langley Lake as a temporary source.  Then at the public hearings in March 2006 we were told Langley Lake wasn’t even being considered as a water source by the Regional District CAO Bob Long.  Well we know what happened next…..

For those of us who keep track, the land purchased by the REAL board in 2016 is the exact piece of property identified by KIP’s own consultant Focus – see the last image.

Focus even provided detailed drawings and yet KIP never provided UBID with any drawings or plans from the signing of the 2011 WIA until it expired Dec. 31, 2014.

So why is KIP so opposed to UBID using the land identified by his own consultant?

http://www.comoxvalleyrd.ca/assets/Department/Documents/KIP_UBFR_20060120_Water_Supply_Options_Fig31_34.pdf

 

Union Bay Improvement District and Kensington Island Properties aka 34083 Yukon Inc. Facilitator’s Report

Notice the facilitator states:

5.  The Ministry should urge the UBID Board of Trustees to do a costs, benefits, pro and cons study of turning the assets of UBID over to the CVRD.

http://union-bay.ca/wp-content/uploads/2017/09/UBID-KIP-Final-Report-2017-August.pdf

I have extracted the following 16 pages from the 38 pages in the above document which is the ‘meat’ of the report, in my opinion.

Will be adding comments.

The Facilitator seems to have gotten some of his misinformation from the developer or his kiplets as his conclusion no reasons were given for the resignation of three trustees July 27, 2016, and decided that Anne Alcock’s letter expressed frustration due to the ongoing issue on the water agreement involving Kensington Island Properties.  Gee, that’s not the impression I got from reading her letter.  Thought it was pretty clear.

Food for Thought – Some comments on UBID In-Camera Minutes dated July 27, 2016 – Are UBID Trustees Working for the Community or for a Developer?

A fellow landowner sent me an email with their comments and concerns and gave me permission to post them.  I added the documents to the text for clarification.

July 27, 2016 Minutes:  FOOD FOR THOUGHT

1.  (Page Two, mid page) What is the background on John Peebles, real estate appraiser, contacting the Administrator about the MOU between
KIP and UBID?  Was KIP preparing an appraisal for a specific reason such as perhaps to flip the KIP-owned lands to an investor?

More importantly, why would Peebles/D.r. Coell & Associates allegedly have a signed copy of the MOU (facilitated by provincially appointed
James Mattison) by Brian McMahon/KIP if McMahon never signed the MOU?

One wonders if there was some kind of fraud here if it’s true that Peebles did have a signed copy of the MOU.  In other words, is it possible that KIP was trying to send a message that KIP had a water agreement to a company that was going to do an appraisal of the KIP lands when in reality KIP was not planning on signing the MOU?

It would obviously be misleading to any company doing an appraisal if  it were to falsely believe the developer already had a water agreement
with the local water board.

2.  (Point #4 on Page One,  “Discussion re: Letter from KIP dated June  7, 2016”)

The first two paragraphs of the text of the discussion on July 27th imply that the June 7, 2016  letter written by McMahon/KIP was just  about Trustees Jacques and Loxam getting something in writing about the KIP offer of the 8-acre property for the water filtration system.

However, if one reads the June 7, 2016 letter,   the text of the letter clearly states that KIP wants the same contract terms of the lapsed 2010 Water Infrastructure Agreement i.e. giving the Developer 500 drinking water connections.  The discussion in the first two paragraphs of Point #4 on Page One speaks only about receiving a written correspondence from the developer “so that UBID had something on file”.

It seems that this is an example of political “pivoting” since Loxam and Jacques are presenting the discussion that they just wanted
something on paper to confirm McMahon’s verbalized offer of giving an 8-acre property to UBID.  However, in the last paragraph under Point #4, the Minutes seem to clear up the real reason behind Trustee Loxam and Jacques approaching the Developer on June 6 or June 7, 2016 as  follows:

“After some further brief discussion, Trustees Molstad, Alcock and Webb all reiterated that any reinstatement of the former Water Infrastructure Agreement, which expired on December 31st, 2014, as suggested in bullet 2 of the developer’s letter continues to be a non-starter.  Trustee Jacques stated however he still believes that agreement could be workable with some edits/amendments.”

It seems logical after reading this paragraph that indeed, Trustee Jacques, like the developer, also wanted to change the MOU that was  voted on and approved by the UBID Board on June 6, 2016 and go back to the terms of the old WIA which lapsed at the end of 2014 i.e. that the developer wanted to return to 500 water hookups instead of a much lower amount of 30-50 connections.

The bottom line question is as follows:  If Trustees Jacques and Loxam did not have the authority from the Board to meet with the developer
(as the then Chair Carol Molstad wrote to an email to Trustee Kaljur) and request the June 7, 2016 KIP letter about the new terms wanted by  the developer in a water agreement, is it legal for two Trustees to go behind the backs of the then UBID Board, meet with the developer, and  “un-do” the MOU that UBID had passed and signed?

This kind of behavior — of two Trustees being in direct contact with a developer the same day or the day UBID passed and signed the MOU
agreement — should be looked at very closely with a very discriminating eye.  Are these two Trustees working for the Developer or for the community?

More comments to come — stay tuned!

Union Bay Improvement District Board and Kensington Island Properties aka 34083 Yukon Inc. – No Progress – Try Again in October

These fools still haven’t clued in to McMahon’s tactics.   Hasn’t it registered with them yet that McMahon pulled the same crap on the old board who decided to proceed with our own water treatment system because KIP never produced anything?  The only thing KIP has is lots of excuses.

Remember the announcement at the July 27, 2017 meeting when the board said they had reached an agreement with KIP but McMahon hadn’t signed yet due to a family emergency IN JULY?

Here we are Sept. 18, 2017 and guess what?  McMahon still hasn’t signed – no surprise to those of us who have paid attention to McMahon’s track record.  The board didn’t have an August meeting and now have postponed (how can it be postponed – it was canceled) as there has been NO PROGRESS.

The UBID Board has decided to postpone the Public Board of Trustees Meeting on September 21 and reschedule the meeting for October when we may have a signed Water Infrastructure Agreement with KIP.

Now they claim they’re not in a position to talk about the agreement until it is signed!  What about the video clip below where they are discussing the agreement before it was signed!

 Not a lot has changed regarding the items in my report (See below) and we are not in a position to talk about the agreement with KIP until it is signed.

Note it states “…in my report (See below)…”  don’t bother as there are not active links leading to any reports.  Typical.

 

 

History repeats itself.  This new batch of fools don’t realize they are being played by McMahon again.  This is what this guy does.

So this pro KIP heavy board has not accomplished anything in the last year – nothing.

More Proof Union Bay Improvement District is Not Being Transparent or Honest With Landowners

This is an excerpt of part three of the July 27, 2017 UBID board meeting discussing the costs related to building a permanent water treatment facility on the land up by Langley Lake.

For all the times these people have thrown out ridiculous amounts without ANY RESEARCH about the cost to even get to this piece of property have been from $500,000 to $700,000.  They have stated the road must be brought up to highway standards and again their statements are based on whatever they have been told.  They have done zero research.

I have been told the estimate for the road work to the treatment site at the highway was between $40,000 to $80,000 and that was negotiable.

Remember when candidate Ted Haraldson told the community it would cost $500,000. each for pressure reducing valves if we built on the land by Langley Lake?  Absolutely wrong! Ted also claimed the site was a swamp.

I suspect the figures these guys spout come right from the lips of Brian McMahon, VP. Kensington Island Properties aka 34083 Yukon Inc.

This is an excerpt from KIP’s own consultants report Feb. 1 2008.  So why is KIP so opposed to UBID building a permanent water treatment facility on the very piece of property identified in the report?

If there had been a piece of land suitable within the KIP development, it would have been mentioned in this report.  The report already states the existing location does not provide adequate pressure – and we’re not increasing the elevation by going across McLeod Rd at Musgrave.

http://www.comoxvalleyrd.ca/assets/Department/Documents/KIP_master_water_plan_report.pdf