Ole slick had lots of flunkies help kill Bylaw 264. Check out the link below to view the history and emails obtained through an FOI showing KIP’s Liberal buddies in the Ministry kowtowing to this developer. KIP’s sycophants. For those who may not be aware, this developer has strong ties to the Liberals, in fact his previous wife was an MLA and he ran and lost an election prior to darkening our doorstep.
This is an update to this post: https://allthingsunionbay.com/2019/07/11/kensington-island-properties-union-bay-estates-liberal-buddies-at-the-ministry-manipulate-bylaws-protecting-a-developer-instead-of-landowners/
Did anyone notice the new UBID board is once again looking at their subdivision bylaw? It appears the items listed in Bylaw 264 are to be addressed and then approved.
It started in March 2016 with then pro KIP candidates Peter Jacques and Glen Loxam prior to their election in April 2016.
At the same time the Ministry in charge of registering bylaws for the province also expressed concern over KIP’s objections to the bylaw. Weird eh?
One of the many emails in a response to a landowners FOI:
The Administrator for the Molstad board worked 2 years on updating a new subdivision bylaw and passed it in June 2016 after complying with the changes requested by the Ministry. For some reason the bylaw was never registered by the Ministry after UBID passed it.
The old subdivision bylaw 176 predates 2010 when it was consolidated https://drive.google.com/file/d/1RetkSslb0a0kiysRGAG6JuGRhhcT60Ny/view
Here’s the draft of Bylaw 264. https://drive.google.com/file/d/1Vk4mbPBvD3p5jYdfppmCS2KnDT7zshVg/view?usp=sharing
The excerpt below is Jacques and Loxam objecting to the bylaw claiming it’s standards are too high and will cut developers off at the knees making it cost more to develop lots. Also the need for a 125% surety is disputed with claims someone at Crown Isle told Loxam didn’t have to put up anything. He should have just said “I don’t know a lot about it.” at the beginning so we could ignore the rest. These 2 are more concerned with the developer than the future of Union Bay.
For you folks in Craigdarroch, listen to the Chair explain why the board is ensuring developers are held to standards in the bylaw to ensure there isn’t another infrastructure problem like the disintegrating water pipes in Craigdarroch.
Kip’s sycophants were successful in killing bylaw 264 in Oct. 2017 – the exact same month the UBID board negotiated the 2017 Water Agreement with KIP – using the old bylaw 176. The same trustees complained about old bylaws and policies that would need to be updated – but not this one!
So what standards is Kensington Island Properties going to build by?
Noticed there has been a lot of people reporting a bear getting into garbage the last few weeks. Let’s all make sure this big fella moves on when there is nothing for him to munch on.
Why is KIP proceeding with this application knowing it does not comply with the MDA? Because that’s what this developer does – never happy with any agreement, always wanting to change the conditions previously agreed to. That’s why nothing ever materialized all these years except constant whining about how it was everyone else preventing the development from proceeding.
In the FOI response there were emails between the CVRD and the Ministry regarding KIP’s sewage application.
Received the following response to my email question if the CVRD made it clear to Melanie Mamoser that KIP’s application did not comply with the MDA.
More from the FOI response to Kensington Island Properties aka Union Bay Estates application to dump 1875 cubic meters of treated sewage into Washer/Hart Creek daily.
Link to Union Bay Estates Sanitary Master Plan Review Draft Sept. 2019: https://drive.google.com/file/d/19IOd-g4cZtE5l2XrVPCDZoSkc6hLcXDq/view?usp=sharing
This video is from Sept. 2015. Listen to the whining again about UBID not negotiating while still claiming to have a valid agreement. This is after KIP’s flunkies took around a petition demanding UBID give KIP an extension on a expired agreement at the June UBID meeting, and before he got his buddy McRae to assist with a whining meeting with Minister Fassbender, and before the meeting in Victoria in Dec. 2015 where he threw a hissy fit. “Mr. McMahon replied that no he is not given he already has an active and binding agreement in place which he is adamant has not expired.“
I couldn’t believe that landowners were lapping up the falsehoods stated by this developer in Mar. 2016. How could a hall full of people still support someone who claimed UBID wouldn’t negotiate with them at the same time insisting they still had a valid agreement – which means they aren’t going to negotiate? Really, how can people be so thick?
15 years of stringing the community along and still landowners believe ole slick.
Here’s Kip claiming the then Chair sent out emails to disrupt the KIP meeting. Always dividing the community.
KIP made claims that the hydro alone for the land identified by his own consultants that the then board had purchased would cost $300,000. to $500,000. – just to get hydro to the site. Nothing to back up those claims. Why was this developer so dead set against UBID building on that land? His flunkies obliged by building on the size of the land KIP told them was large enough and the location KIP wanted. His flunkies ignored the future needs of Union Bay and sold the 20 acres back to the original seller to ensure the plant would not be built near Langley Lake.
The Chair at the time spoke to the landowners explaining it was a legal process and a new agreement was required. Just the facts – a stark contrast to the bullshit spewed by KIP.
Another trustee from that time asks when will KIP sit down and negotiate.
Another landowner asks would KIP negotiate a new agreement.
“My lawyer said if we go to court on this, we would win,” said McMahon.
This quote confirms UBID would not have owned the temporary plant until we had a permanent treatment plant. All those claims of $1.7 and multiple other numbers thrown out with the 2011 WIA supposedly was a gift to the community and then later an interest free loan. It wasn’t either and yet KIP was going to get CEC credits for something KIP owned. That’s what you get when trustees negotiate.
KIP maintains its position on the temporary upgrades on KIP site would be owned by KIP until transferred to the permanent site at which time title would also be transferred to UBID
The audio clip below is from March 2016 when Kip held a meeting at the Community Hall dividing the community further with falsehoods. KIP VP’s version of the meeting that took place in Victoria Dec. 1, 2015. Doesn’t resemble the minutes taken does it?
The Molstad Board had hired a professional negotiator, Steven Kelliher, and a water expert, Hew McConnell, to represent UBID in obtaining a new agreement since the 2011 WIA expired Dec. 31, 2014. Given the disastrous 2011 WIA was negotiated by a couple of trustees, the Molstad board wasn’t about to repeat that mistake.
The 2 experts hired by UBID along with UBID’s Administrator met with KIP and his counsel Mark Lewis at a planned meeting Dec. 1, 2015 to negotiate a new water agreement. The trustees did not attend the meeting as they had hired the experts and UBID’s knowledgable Admin were all that was required.
In the clip below you will hear KIP VP, Brian McMahon tell his version of what took place at that meeting. This developer stood up in front of the community and intentionally misled them as to what took place.
McMahon loves to play the victim. It’s always everybody else who is holding things up. Year after year whining and making up excuses for not following through on just about everything promised since 2005. The arrogance of this developer and his lawyer are on full display in this memorandum. McMahon has always insisted the 2011 WIA was still in effect and that’s the attitude he and his counsel went with in this meeting.
KIP couldn’t deal with professionals and knew the only hope was to get rid of the trustees standing in the way. Turn the community against Molstad’s board and install his flunkies to do his bidding. KIP got exactly that negotiating with a board of five green trustees and an administrator with zero government experience in Oct. 2017. The Developer controlled what was going to be built, where and when.
A few snippets of the meeting.
- Mr. Lewis indicated they are still taking the position they have an active, binding agreement in place with UBID.
- Mr. Lewis indicated it’s the Developer who controls what is going to be built, where and when.
- Mr. Lewis and Mr. McMahon asked that given the situation UBID finds itself in with respect to its facilities on leased land it doesn’t own, a lease under which it continues to be in default what is the “non-fiction” plan?
- Mr. Lewis followed up by stating the Developer is the bank, funds continue to sit in a trust account ready to be spent under the WIA and UBID has continued to say no to an extension.
- Mr. Lewis and Mr. McMahon indicated at this point that UBID is “beholden to the developer to a certain degree” and therefore this represents a unique situation that justifies their position.
- Given the direction the discussion was taking, Mr. Kelliher asked Mr. McMahon directly if he is prepared to negotiate in good faith a new water service agreement with UBID.
- Mr. McMahon replied that no he is not given he already has an active and binding agreement in place which he is adamant has not expired.