STAY TUNED – WILL BE POSTING THEIR RESPONSE.
Mary Reynolds VS Rodney Bitten and Meghan Bitten.
STAY TUNED – WILL BE POSTING THEIR RESPONSE.
Mary Reynolds VS Rodney Bitten and Meghan Bitten.
The fair use factors are generally taken to mean:
Important: Remember that there’s no formula for adding up the fair use factors. Different courts will interpret the factors in different ways. Claiming fair use always carries a certain amount of legal risk, but awareness of the factors above will help you decide whether you’re taking an acceptable risk.
Haven’t read this yet myself and yes there are 2 blank pages but that is how it appears on the Union Bay Improvement District website: http://union-bay.ca/union-bay-improvement-district-and-kensington-island-properties-sign-a-potable-water-servicing-and-infrastructure-agreement-on-october-12-2017/
The more things change, the more they stay the same. KIP’s managed to get this new Admin to regurgitate the bullshit about KIP’s well. The new spin is that UBID will consider using this well for………..?????? No doubt the Admin has been told there is wonderful crystal clear water for hundreds of homes. Hmm – is that true? 🙂
Remember at the March 2016 KIP meeting when Dave Cherry from VIHA had to correct KIP VP Brian McMahon and inform him only UBID can be the purveyor of water in the district? Remember when McMahon stated he had water for hundreds of homes from this well?
Here’s the info on KIP’s well.
Did UBID get sucked into yet another worthless agreement with Kensington Island Properties aka 34083 Yukon Inc., giving him until Dec. 31/17 to turn over land for the fire hall?
Will ‘Brian’ have a reason/excuse for wanting more time all the while encouraging UBID to continue to build on KIP’s land?
You would think anyone dealing with KIP would take every precaution to prevent the disregard displayed by this developer regarding written agreements and whether their signature is worth anything.
KIP recently, knowingly violated the Master Development Agreement: https://allthingsunionbay.com/2017/09/26/update-on-kensington-island-properties-aka-34083-yukon-inc-violating-the-mda-by-subdividing-contaminated-coal-hill-section/
KIP Costanza with the following motto June 2015:
Because we’re dealing with government timelines don’t matter.
Although the UBID board announced again a water agreement was reached with ole KIP Costanza at their Oct. 12, 2017 meeting…. I don’t trust this developer based on his past actions of following through on basically nothing.
One of the reasons I’m skeptical is that it took from July 27, 2017 to Oct. 12, 2017 for KIP to sign the most recent agreement. (June/July 2017 emails from gov’t officials show an attachment with a version 10) What has been going on since the Admin stated at the July 27, 2017 meeting that he expected the documents back from ‘Brian’ within a few days? Did ‘Brian’ stall all this time?
Another reason is the stipulation that KIP turn over the 4 acres to UBID for the permanent water treatment facility by Dec. 31/17. What happens if this is not done by that date? The board is awarding the contract to start construction and the Chair stated they might have shovels in the ground in the new year. If UBID invests money into this project expecting a developer who is a serial delayer to suddenly change its spots and honour government timelines – will they simply allow him to delay/ask for an extension over and over again?
It’s no secret this developer wants to control the water in Union Bay. Why do you think KIP insisted on upgrading the temporary system on his land (and owning the temporary treatment plant)in the 2011 Water Infrastructure Agreement? Why do you think there is suddenly suitable land within the KIP development once UBID was going to build on land purchased and owned by UBID? This board better have a backup plan in place if this deal falls through.
At the July 27, 2017 meeting, the Chair touted this agreement which included the
4 acres, 3 acres, 2.2 acres for the fire hall as something beneficial as UBID would be receiving the land right away rather than waiting to acquire it as stipulated in the Master Development Agreement. So why did it change from right away to 2 years? How is that beneficial now?
Lots of patting each other on the back just like April 2011. Then the details started to emerge.
$1.9 Million Gift, $ 1.7 Million Gift, $ 1.4 Million Gift, $ 1.2 Million Gift, $1.3 Million interest free loan.
Here we go again folks. Water treatment facility will be built by UBID and will accommodate roughly 800 connections (we presently use approx. 670). When KIP comes on board KIP will pay for the second plant. The 4 acres for the permanent water treatment facility will be provided to UBID by Dec. 31, 2017.
The Fire Hall land suffered more shrinkage tonight. It’s gone from 4 acres to 3 acres and now it’s 2.2 acres. KIP has 2 years to turn this piece of land over to UBID.
Agreement gives KIP 60 – 100 residential units.
The gong show disease reared it’s ugly head again tonight when Freedom of Information requests were discussed. To sit and listen to someone just completely bullshit their way expecting everyone to swallow the crap and then insist that UBID’s bylaws could over rule the Freedom of Information just leaves me shaking my head. Doesn’t exactly inspire confidence when you hear flaky alternative facts. This is the UBID bylaw they believe trumps Freedom of Information legislation. http://union-bay.ca/wp-content/uploads/2017/04/Bylaw-No.-223.pdf
The Admin reads out the letter regarding the mistakes the Admin has made regarding the FOI and does nothing with it. The landowner sent this FOI months ago and that’s how they dealt with it. Training, training, training.
The Admin charged a landowner for 4 hours of work at $50./hr to retrieve in camera minutes from June and July 2017. What the hell could have taken him 4 hours? Plus, he charged the landowner after the fact. 4 hours????? Plus, you can’t charge anyone for the first 3 hours according to the FOI fees below.
It’s history repeating itself. Pre April 2011, the board thought if they voted on something – that made it legal. Now these brainiacs believe they can make up bylaws that will over ride Federal and Provincial legislation.
According to the knowitall the following stipulations don’t apply to Union Bay. Another example of the lack of training with this board and admin. They will only learn by stumbling/bumbling around doing a half assed job and complaining about it. You’d think they didn’t know how to read.
Even after they are informed the Administrator does not have to be the ‘Head’ and a trustee offers to be the ‘Head’ they continue to use the excuse they can’t respond to FOI’s unless they can charge per bylaw 223 insisting it takes time away from the Admin. Another example of their fear information will be released which exposes what has transpired.
See Part 6 General Provisions. #75 Fees
|This Act is current to September 13, 2017|
|See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.|
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:
(a) locating, retrieving and producing the record;
(b) preparing the record for disclosure;
(c) shipping and handling the record;
(d) providing a copy of the record.
(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.
(3) Subsection (1) does not apply to a request for the applicant’s own personal information.
(4) If an applicant is required to pay a fee for services under subsection (1), the head of the public body
(a) must give the applicant a written estimate of the total fee before providing the service, and
(b) may require the applicant to pay a deposit in the amount set by the head of the public body.
(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.
(6) The fees that prescribed categories of applicants are required to pay for services under subsection (1) may differ from the fees other applicants are required to pay for them, but may not be greater than the actual costs of the services.
When I asked the question as to who was the “Head” appointed by UBID to handle FOI requests – 3 trustees and the Admin didn’t have a clue what I was talking about. It proves these people have not bothered reading or educating themselves on their duties and responsibilities. Two of the trustees have been in the position for over a year and are just as clueless as the day they were elected. The following is page 55 from the Improvement District Manual. http://www.cscd.gov.bc.ca/lgd/gov_structure/library/improvement_district_manual.pdf
Talking about new families moving in with kids and jobs being available. In what universe is he living? Again, does this person realize KIP can’t build anything until he has a sewage treatment facility? Even McMahon stated you can’t have one without the other – water and sewage. No septic fields allowed on any of the KIP land.
The strange happenings with Bylaw 264. For those of you who don’t know about this bylaw, it was passed at the March 2016 UBID meeting and then the Ministry sent it back with some minor changes and provided an example. The board complied and the Bylaw was reconsidered and approved at the June 2016 UBID meeting. Jacques and Loxam were against this bylaw even before they were elected because they said it discouraged development due to the MMIC Platinum standard and the 125% surety. It has been explained to them many times that there no longer is a Gold Standard and it is now Platinum. They both objected to the 125% surety because they claimed Crown Isle didn’t require that amount.
My only guess is that in that old bylaw KIP wanted (Bylaw 170 and now has thanks to his boys) there is something he can use to his advantage. Bylaw 264 was 2 years of work by the previous Administrator Kevin Douville consolidating and updating the bylaw. Now those in control don’t know why they oppose the bylaw – just that they do and I have a good idea who is instructing their every move. They wouldn’t even consider setting it aside and working on it in the future – they insisted on killing it.
And to top it all off, they video recorded the meeting but when I asked if they were putting it on Youtube the Administrator could not answer. He has to speak to the webmaster and they are going to figure something out. Asked when the video would be up and no time was given. Again, these guys don’t want you to know what’s going on.
Didn’t I say they couldn’t put it on Youtube if they claim copyright protection? It’s only taken them 5 months to clue in.
They claim they are too busy for FOI requests and can’t answer correspondence and yet they have all the time in the world screwing around with the video recording, spending money on a Go Pro camera, figuring out where they are going to post it and learning how to post it.
For these tools to learn anything they have to be force fed because they assume they don’t need to know anything other than their opinions.
Luckily, a landowner recorded the audio.