The developer couldn’t have pulled this shit without the help of self appointed pillars of the community, making it their mission to ensure the development proceed, along with the unwavering support of the Comox Valley Record and every subsequent CVRD Board over the last 2 decades who insisted upon negotiating with a developer who never fully honoured any agreements. There was history there!

1996 Kensington Island Properties was born out of a portion of Weldwood and proposed a development for Union Bay. The meeting was for Area A residents to voice their concerns. Public meeting was held and it was voted down.

Then VP McMahon showed up on the scene in the early 2000’s patting the local vocals, (self appointed, upstanding, pillars of the community) on the head and telling them how smart they were.

To say McMahon became very close with the Union Bay Improvement District Board and staff by 2006 would be a gross understatement. By this time the Board is owned by KIP.

In Jan. 2006 Susan Hargreaves and Edda Grant formed the Union Bay Residents Association and morphed into becoming the free mouthpiece for KIP pushing the falsehoods.

March of 2006 the Regional District held information meetings at the Union Bay Community Hall 2 nights and CAO Bob Long stated Langley Lake would not be considered as the source of water for the proposed development. Wasn’t on the table – assured everyone. People against the development spoke about water issues and were ignored because we believed what Long was stating. These meetings were for those impacted by the development to voice there concerns or support.

Majority supported Kensington Island Properties, on what we were told, and the Regional District approved it with conditions. One being that the water would have to come from Van West Lake.

Just months after the public hearings, the Union Bay Residents Association sent out an email in July stating that if the outcome of the municipality referendum in Oct. was a YES, they would change the water source to Langley Lake. I was a member and so was Brian McMahon. None of these people were given the authority to make changes to what the public was promised. When I questioned what they were doing – Susan Hargreaves and Ruth McVeigh kicked me out. That’s when I started asking more questions and have fought against KIP since 2006, when I finally realized what a sleazy developer KIP was. So thank Susan Hargreaves for me beating this drum for decades. If you want to see crazy stuff – https://maryreynoldsunionbayblog.blogspot.com/search?q=union+bay+residents+association

——– Original Message ——–
Subject: meeting July 12
Date: Thu, 13 Jul 2006 10:07:13 -0700
From: Ruth M. McVeigh
To: Wain , Turner, Thurber , Taylor , Rogers, Reynolds, Toby Rainey Rainey darcey, Nyhof, Nicell. McVeigh, McMahon, McGroggan, McGarvey, XXXXXXX , Kolzig , Glenn , Peter , Hilborn , Hebblethwaite , Hargreaves , Grant , Geidt, Al Flawse , Lois Flawse , Fisher , Dane, Bowen, Bitten, Anderson , Goldswain

Draft minutes open for corrections and for voting on the Motion. Thx. Ruth

UBRA meeting July 12, 2006

Meeting called to order by Susan

Minutes of the last meeting and the Executive meeting were read.

Susan reported on the meeting held at Russ Hebblethwaite‚s regarding the formation of a YES committee for Restructuring. This information has been passed along to Lois.

Jim Elliott and Paul Baal have started dismantling the playground equipment.

Susan suggested a picnic at the Community Club to mark the arrival of the equipment and to spread the word of what UBRA has accomplished.

Members of the Strategy/YES committee are Barry, Mike, Bryan Fisher, Lois and Edda, with Russ chairing it and Jack Turner acting as resource and research person. Lois, Edda and Toby expressed interest in working on a strategy sub-committee which will coordinate with the YES committee.

Edda will identify supporters and prepare a list of questions which will probably be asked by residents and the committee will prepare responses.

Mike will look at tax figures and put them into clear language with copies for us by July 26 – the date on which an open forum will be scheduled. He will also do fundraising for the committee. Lois will apply for tax number.

Barry will research governance, to explain the implications for Union Bay of becoming a municipality.

Moved by Mike, seconded by Barry that Russ chair the YES committee with Mike and Jack as co-chairs and that this committee will invite input from all residents of Union Bay. (Passed by email).

Toby suggested a display ad be put in the newspapers.

Three areas will be defined – residents who are in favour, those against and those who want more information. It was mentioned that many of those who are against or uncertain are concerned about timing, so this issue must be addressed. The YES/Strategy committee will report to UBRA Directors.

All those who had Zone lists for the earlier election have been asked to update them for use.

A tentative date of July 26 has been set for an open forum, sponsored by UBRA. This will be designed to provide residents with an opportunity to talk about the prospect of becoming a municipality and to ask questions. We must have as much positive information as possible and be ready to respond to concerns about the inherent risks.

Jack Turner spoke about a report he had prepared based on information gleaned from contacts. This resulted in discussion about water – with agreement that the amount available from West Van Lakes is not as great as has been stated. Getting water from Comox Lake would involve a great expense in installing a deep intake pipe because the accessible water is contaminated. It was agreed that Langley Lake will have plenty of water if the dam is raised as proposed. The solution to the water problem will be solved by whoever is elected by residents.

It will be the responsibility and aim of the YES committee to keep the focus on the effect of Restructuring on Union Bay, recognizing that Kensington, if it goes ahead, will be part of Union Bay whereas Sage Hills will not. Barry pointed out that the issue was raised by Union Bay completely apart from Kensington, 13 years ago, because of fundamental flaws in governance.

Referring to a letter from Cliff Boldt, Edda said that the YES Committee must be ready with answers in regard to the Health Authority.
Ruth will write an article for the Echo and Record on the topic of using the school for the Library and asking for other suggestions. This will help illustrate that UBRA is working on other issues as well.

Ruth moved adjournment.

As the referendum neared, landowners started questioning “Why Now?”. This was the beginning of the division in the community – all because of Brian McMahon, Jim Youngren, Kensington Coastal Point aka Kensington Island Properties, etc. The intentional misleading of those who expected honest communication from the developer making huge promises to the community. The lies and misinformation kept the community permanently divided between those who believed McMahon and supported KIP and those who didn’t believe McMahon and didn’t support what he was peddling.

Those smart folks in the minutes of the UBRA meeting he was patting on the head would become the council and mayor. Those smart folks KIP was patting on the head were told they could negotiate directly with KIP without the need for the Regional District to be involved, just a pesky third party getting in the way. People started pushing back asking “why now?”. It was defeated by 17 (?) votes.

KIP took out full page ads in the newspaper encouraging a “YES” vote on the municipality referendum in Oct. 2006. It was defeated by around 17 votes.

Note what McMahon said which is a lie and repeated numerous times by McMahon over the years. The Development Cost Charges stay in Union Bay where they are generated and are not dumped into a big pot and handed out anywhere in the Regional District.

Company vice president Brian McMahon admitted he was “a little surprised” that the outcome of the incorporation referendum was a ‘No’ vote.

“I thought $20 million in Development Cost Charges dollars going directly in to the community rather than being shared with places as far away as Oyster River and Cortes Island would have been quite appealing. But it is the will of the people to stay with the regional district, so it’s ‘business as usual.’

A group formed the Baynes Sound Area Society for Sustainability and initiated legal action against the Regional District for making changes to what had been presented to the landowners at the March 2006, meetings held to allow landowners input to determine if the community supported the KIP development – change of water source to Langley Lake.

BSSAS were successful and the judge stated the obvious – the changes, were made without public consultation and contrary to what was put forth at the Mar. 2006 public hearings.

BSASS Press Release April 29th 2009 #4Download

So the Regional District didn’t appeal as it was a slam dunk, so what they did instead was hold new hearings in Dec. 2009 and allowed anyone from anywhere in Canada to support the KIP development. https://allthingsunionbay.com/2012/06/27/upset-kensington-island-properties-supporter-or/ It was taken out of the hands of those most impacted by the development and decided by Realtors, businesses that did work for KIP, etc. – anyone, anywhere could submit their support for the development. All the submissions from Dec. 2009, can be downloaded here: https://zippyshare.day/bs7aHkptFyw4cBw/file It was a sham and a slap in the face to Union Bay and Area residents. The development was approved again, with a Master Development Agreement with KIP signed in 2010.

Taxpayers for Accountable Governance was formed in Union Bay due to concerns expressed about how UBID was being run and what involvement KIP had. Two new trustees put forth by TAG (Bruce Livesey and Cleve Goldswain) were elected in April 2010, and were not privy to what the remaining 3 trustees and the administrator were doing. The board was secretive and untrustworthy and when landowners demanded answers they were locked out from attending PUBLIC meetings from Jan. 2011 through April 2011 when 2 more TAG members were elected after beating David Godfrey and Denis Royer. Carol Molstad and Anne Alcock. Alan de Jersey was the only remaining trustee from previous boards and the good sport he is – didn’t attend even one meeting and instead sent in a crying resignation letter. Eve Gaudreau replaced De jersey.

During the period of being locked out, the three trustees (David Godfrey, Denis Royer and Alan De jersey) secretly negotiated a Water Infrastructure Agreement with KIP and didn’t advise Livesey and Goldswain until they were presented with a draft of the agreement in Mar. 2011. Godfrey, Royer and De jersey touted to the local papers that it was a $ 1.4 Million dollar gift to the community. This was 2011 and Godfrey didn’t admit until 2015 that it was not a gift but an interest free loan.

The Molstad Board brought our finances back and started planning for the future and because KIP appeared not to be proceeding with the obligations set out in the 2011 WIA which would expire Dec. 31, 2014. McMahon claimed he made an informal request to extend the 2011 WIA in Oct. 2014 and was refused. The Board began planning for a water treatment plant and in 2015 purchased land by Langley Lakec which KIP’s own consultants determined would be the ideal location. Want to mention the lie McMahon started telling about why he did nothing regarding the 2011 WIA – he claimed he was unable to proceed due to the coal hill remediation and that he didn’t get the okay until Oct. 2014, and the agreement expired Dec. 31, 2014. That’s a blatant lie repeated over and over. Coal hill “prescription” for the remediation was arrived at in 2012. KIP also failed to ever provide any of the required documents to UBID regarding the construction of the water treatment plant.

Now KIP had a problem – unable to control the Molstad Board so they will have to go.

The Molstad Board hired a professional negotiator and a water consultant anticipating negotiations with KIP for a new water agreement. This Board, which without a doubt was the most intelligent, effective, hard working and dedicated board UBID ever had. Even they knew they weren’t qualified to be negotiating an agreement with a developer.

McMahon wouldn’t accept the 2011 WIA had expired and in 2015 had his representative, David Godfrey along with Peter Jacques and others circulate a petition with landowners signatures demanding the Board give KIP an extension to the expired agreement. McMahon claimed if he went to court, he would win. Of course he never did because he knew the agreement was expired and dead. David Godfrey presented the petition to the UBID Board at a June 2015 meeting and threatened legal action if the Board refused to grant an extension. McMahon was there and it was a packed room with all the pro KIP unthinking sycophants.

In the fall of 2015, McMahon along with his representative David Godfrey took their petition to Victoria and had Minister Fassbender appoint a facilitator to resolve the dispute between KIP and UBID.

McMahon continued his falsehoods and divisive tactics at his meeting in Mar. 2016, still whining about not getting an extension on the expired agreement. Stood there and lied claiming UBID refused to negotiate with him and yet insisted he still had an agreement, lied about what transpired at a meeting with the 2 consultants in Victoria claiming he was surprised the board wasn’t at the meeting and instead the 2 consultants hired to negotiate and the UBID Administrator Kevin Douville.

April 2016 and 2 pro KIP landowners who circulated the petition and stated they thought the community was going in the wrong direction under the current board. Peter Jacques and Glen Loxam were elected at the 2017 AGM and became trustees. The Board: Carol Molstad, Anne Alcock, Alan Webb, Peter Jacques, and Glen Loxam. Kevin Douville is Administrator.

July 2016 Carol Molstad, Anne Alcock and Alan Webb submit their resignation letters due to the actions of Jacques and Loxam who met with McMahan, VP Kensington Island Properties/the developer, without the knowledge of the Board, negotiated and then presented written confirmation from McMahon making an offer conditional to receiving an extension on the expired agreement.

UBID unable to hold meetings as there are only 2 of 5 trustees. Petition circulated requesting the Provincial Gov’t and Regional District for Union Bay to become a service area of the CVRD. Ministry said no and a by election must be held to fill those vacant seats.

Oct. 2016: The Gong Show begins. KIP now controls the UBID Board once again, and no surprise, there are no longer professional negotiators or water experts representing landowners interests. Instead, the majority on the UBID Board pro KIP were confident in their abilities to negotiate.

The shitshow starts with the very first board meeting of the new Union Bay Improvement District Board Nov. 13, 2016, consisting of five green trustees: Peter Jacques, Glen Loxam, Rick Bitten, Susanna Kaljur and Jim Elliott. Kevin Douville is still Administrator and will have to go because Kevin knows the truth and KIP can’t control him.

Glen Loxam makes a motion to grant Kensington Island Properties an extension on the expired 2011 Water Infrastructure Agreement. The shit hit the fan. Long story short – no they couldn’t legally, as counsel for UBID advised them in writing, again. The letter from UBID’s counsel was on file at the UBID office from Mar. 2015 confirming the agreement expired. These brainiacs were on a tight KIP leash and their diet was deficient in facts and truth. https://allthingsunionbay.com/2016/11/13/union-bay-improvement-district-board-of-trustees-november-13-2016-gong-show-season-1-episode-2/

The petition to become a service area of the Comox Valley Regional District was presented to the Board at this meeting Nov. 2016, and it was stalled for years due to KIP’s influence. Didn’t matter the financial harm to the community – had always been against it. We could have applied for grants and been so far ahead on our own instead of crippled by false hope, peddled by a sleazy developer.

It would be bad enough if this was the only crazy time, but it got worse and lasted years!

After the Dec. 2016 gong show meeting, Kevin Douville resigns which is no surprise considering the way they treated the only member of the Board with government experience.. Plus, Kevin’s minutes from the Victoria meeting proves KIP totally lied about what transpired and KIP can’t have that exposed.

2017 Temporary Admin hired and then Board interviews and hires a new administrator with zero government experience. Chosen over the experienced applicant by Jacques, Loxam, Bitten. Meets the criteria of pro KIP. The temporary Admin trains the zero government experience new Admin who never learns the job. Trial and error and never admits the error part.

The Gong Show pro KIP trustees abruptly ended meetings, locked us out, stopped any recording of the PUBLIC meetings, minutes manipulated to hide making changes to motions carried at a board meeting, voted on and kicked out a sitting Trustee and held meetings in secret locations, and on and on. https://www.youtube.com/@malcolm1nut/videos

Not sure of exact date but the new board sold the land back to the original owner that was deemed the best location for a water filtration system for the community of Union Bay. Instead, the board has accepted the 4 acres KIP has offered for the water filtration system which is at the same elevation as the old waterworks. Also, in KIP’s own consultants report, it stated there were no suitable locations within the KIP development to adequately locate a water treatment facility that would be able to service higher elevation residential development.

Oct. 2017. Board announces new water agreement with KIP. So no $1.9 or $1.4 million interest free loan. KIP gets 60 to 100 water connections for phase I. Union Bay must have a building constructed to house the one DAF plant which will service the existing community. KIP pays the difference in the cost of constructing the building to house two DAF plants. For some reason the firehall land was introduced in the negotiations and instead of the 4 acres already in writing in the MDA, the board negotiated down to 1 hectare because “Brian needed it”.

McMahon dictated exactly what he wanted and where he wanted it. The community is now committed forever to those few acres. I suspect the pro KIP board took advice from McMahon when it came to the water treatment plant design and ideas. Yet, even that was screwed up – no office or washroom for staff.

Dec. 2017. CVRD signs revised MDA with KIP with no changes to the section regarding the developer build an expandable waste water treatment plant that Union Bay and Royston would hook into at their own costs. Two months later KIP makes an application to Environment Ministry to dump 1875 cubic metres of treated sewage into Hart/Washer Creek from a temporary system to accommodate Phase I of the development.

April 2018 AGM and trustee Jim Elliott (the only one with actual experience in water infrastructure) is up for re election. Ted Haraldson puts his name forward and Jacques, Loxam and Bitten campaigned for Ted and actively against Elliott. They didn’t like his poliltics. Translation – KIP didn’t want Elliott who asked questions and believed landowners deserve to know what the Board was doing. They couldn’t allow Elliott to return to the Board – Elliott wasn’t pro KIP.

Haraldson is voted in. Board is: Peter Jacques, Glen Loxam, Rick Bitten, Susanna Kaljur and Ted Haraldson. The Gong Show goes up a notch in crazy white men. Four trustees and inexperienced pearl clutching administrator spent every meeting trying to shut Trustee Kaljur up and treated her like shit – she never gave up.

Olympic level Gong Show with Ted Haraldson as the Chair. All kinds of planning for the new water treatment plant and the Admin can’t do anything else because he’s concentrating on the plant (with no washroom or office). Provides the wrong figures at the Open House to the community and then won’t admit they were wrong when he corrects them.

In Apr. 2019, Hein Vandenberg and Paul Healey elected to the Board replacing Glen Loxam and Peter Jacques (Jacques didn’t run). But hey – don’t let democracy get in the way – Loxam and Jacques refuse to vacate the positions. https://allthingsunionbay.com/2019/04/26/union-bay-improvement-district-board-high-jacked-by-individuals-constantly-making-unlawful-decisions-refuse-to-vacate-even-though-one-voted-out-and-one-didnt-run-terms-are-expired/ Vandenberg and Healey finally sworn in June 11, 2019. Board is: Ted Haraldson, Susanna Kaljur, Rick Bitten, Hein Vandenberg, and Paul Healey. Healey becomes Chair.

Gong Show continues and it’s too much for Healey. Sept. 2019, Healey resigns from Chair and Trustee of the Board. Thankfully, Healey had sent the CVRD the important letter the community wanted sent for years to the CVRD asking for a study for Union Bay to become a service area of the CVRD. Will be forever grateful for this important step which Jacques, Loxam and Bitten refused to even look at the pros and cons – simply refused for 3 years.

Vandenberg becomes Chair and by election held Nov. 2019 with Ian Munro filling the spot left by Healey. KIP had gotten what he wanted before the dissolution of the Improvement District – kept every step of progress tied, dependent and governed by KIP year after year.

April 2020, Hein Vandenberg resigns as Chair and Trustee of UBID. Covid hits.

In April, Bitten doesn’t run for re election. John France and Eve Gaudreau are elected. Board is: Susanna Kaljur, Ted Haraldson, Ian Munro, Eve Gaudreau and John France. This was the transition board who were left cleaning up the financial mess left by the PRO KIP trustees (Jacques, Loxam, Bitten, Haraldson)and their unqualified administrator they hired and defended. The admin screwed up so often with figures and the PRO KIP trustees wouldn’t allow anyone question those figures – like this:

Then in 2020 Union Bay officially becomes a service area of the Comox Valley Regional District. The CVRD are aware KIP has applied for a temporary waste water treatment facility to the Ministry of Environment which violates the MDA regarding the construction of an expandable system. The CVRD starts describing the exact words in the MDA as “the intention” of the MDA. They acknowledge it does not comply with the wording in the MDA, but they eventually come around and give the impression they’re okay with it because KIP, along with Komok’s First Nation, gave their word to contribe $30 Million towards the $60 + Million cost of the South Sewer Extension. The CVRD are aware KIP’s first application of 1875 cubic metres was deemed “deficient” and told to reapply. Reapplied in 2022 for 1000 cubic metres. Refused Sept. 22. 2023. Filed an appeal of the refusal and then withdrew it May 2024. https://allthingsunionbay.com/wp-content/uploads/2024/06/eab-ema-23-a022a.pdf

In April 2024, Area A Director, Daniel Arbour was made aware of this disturbing article involving Kensington Island Properties aka Union Bay Estates https://allthingsunionbay.com/2024/04/19/looky-here-kensington-island-properties-and-its-many-names-boutique-versante-hotel-in-richmond-put-up-for-sale-over-80m-debt/ There was no follow up from Arbour and CVRD Board continued negotiating in good faith a bad faith actor. Arbour hasn’t liked it when I said the CVRD is gambling with the future of Union Bay to continue relying on a developer who, time after time, fails to complete agreement after agreement, decade after decade. That’s incompetence on full display.

June 2024, KIP is applying for a development permit to construct a pre fabricated temporary waste water treatment plant on KIP’s land behind Washer Road. When a landowner questioned Area A Director, Daniel Arbour, as she had written confirmation KIP had no applications for sewage filed with the Ministry. Arbour stated KIP was told to reapply. NO – that is not the factual status at this time. https://allthingsunionbay.com/2024/06/15/slimy-kensington-island-properties-aka-union-bay-estates-temporary-wastewater-plant-location-and-areas-cleared-with-not-1-house-built/

Application heard June 17, 2024, referred to APC, which approved. The CVRD was planning on revising the MDA so the language regarding sewage would accommodate what KIP was doing.

And let’s be real, the sewer is being forced on less than 500 households (initially) by the CVRD in order to bring sewage to this bullshit development. KIP never made a peep in the time leading up to the 2016 South Sewer Project – never offered to contribute – all the while insisting he still had a water agreement – and the CVRD did nothing. Why did the CVRD sit on its ass until April 2017 to even ask if KIP was proceeding with the MDA and giving a deadline of Apr. 30/17? Even the response from KIP’s counsel was a bald faced lie – after violating the MDA by subdividing the 17 contaminated acres and dumping back on the province, 3 weeks prior, KIP’s counsel advised the CVRD that they (KIP) were compliant in all material aspects of the MDA. The CVRD was made aware and still negotiated agreements with this sleazy developer.

The division that was started due to KIP in 2006 escalated over the years to threats, bullying and rat pack behaviour by KIP supporters while McMahon sat back and fanned the flames not giving a shit about what he was doing to the community as long as he could con them into believing his lies. Union Bay deeply divided to this day all because of a sleazy developer who promised everything and in the end gave nothing.

So the CVRD has screwed Union Bay over and over when it comes to this developer. They have gambled with our future for years. We need to demand better from these people who supposedly are looking out for our best interests. Time to let them know this type of shit will no longer be tolerated.

How many times does someone have to lie before you realize they cannot be trusted?