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Saturday, April 11, 2009

Cable Bay a sham

On April 2nd 2009 a public hearing was held to redesignate 'Industrial' land owned by Island Timberlands to 'Resort Centre' so that the property could be added into the Cable Bay development.

The process of the Cable Bay development has been a sham from the get go.

Brief (I tried) History:

Nanaimo's Official Community Plan went up for its 10 year review in March of 2006;
'Official community plans have been described as the "constitutions of land use regulation." British Columbia Planning Law and Practice by William Buholzer states that this metaphor is:
"… intended to convey the notion that official plans are expected to enshrine principles that are above the daily politics of rezonings, variances, and development approvals. They are meant to govern the overall direction of development and its pace at a policy level without descending into detail, which is left to regulatory instruments such as [zoning] bylaws and permits."
One of the goals of the Ten Year Review is to ensure that the OCP continues to be a policy document that guides the overall growth of the city and is long range in focus. This may require revision of some of the more detailed
or specific policies which are contrary to the broad nature of the Plan.' (City Manager Report 2006 -Mar- 18)

During the process of review major developments came to light in South Nanaimo and Cable Bay. Council in its infinite wisdom, despite huge opposition, ammended the OCP to extend the Urban Containment Boundary (meant to control urban sprawl) to the very edges of City Boundaries in order no doubt to accomodate both potential development.

Two new designations, 'Urban Reserve' and 'Resort', were proposed to be included in the revised OCP.

Public Hearing June 19th 2008 re adopting the revized Official Community Plan.

In July the City of Nanaimo attempted to bring a hundred acre section (owned by Cable Bay Developments) of the Regional District into City Boundaries using the alternative approval process. This process allowed no input from residents of the RDN and meant that if you said nothing you were deemed to agree. To have this squashed 10% of voters from the City of Nanaimo would have to sign forms to that effect. With much effort over 8000 signatures were collected and the motion was defeated.

Public Hearing September 4th 2008 re Bylaw No. 6500.001:
The bylaw if adopted will make text amendments to the City of Nanaimo Official Community Plan to provide for a comprehensive mixed use resort development of recreational, commercial and residential uses.

The proposed amendments wil provide for development of a golf course, and residential and commercial uses within the area known as Cable Bay Lands. The new ‘Resort Centre” designation is intended …………………

This bylaw, if adopted, will also add Schedule G to include the Cable Bay Plan as part of the Official Community Plan. ……………

My contention at this public hearing was, how could we redesignate the property to a designation that was contingent on the adoption of revisions to the OCP. I also contended that because the ratification of the OCP had already gone to public hearing we were not allowed to communicate to council with regards to revisions of the OCP after the hearing was held and that because this public hearing for the redesignation of Cable Bay Lands was contingent on the ratification of the OCP we were doing just that.

From the City of Nanaimo website regarding Public Hearings:
Please note: All written submissions must be received no later than 4:00 pm on the day of the Public Hearing, to ensure their availability to Council at the public hearing. Following the close of a public hearing, no further submissions or comments can be accepted by members of City Council, as established by provincial case law. This is necessary to ensure a fair public consultation process and provide a reasonable opportunity for people to respond to an issue.

Now we come to the April 2nd 2009 Public Hearing:

BYLAW NO. 6500.004:
This bylaw, if adopted, will amend Map 1 (Future Land Use Plan) of the "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500" by redesignating a portion of 950 Phoenix Way from 'Industrial' to 'Resort Centre' to provide for a comprehensive mixed use resort development of recreational, commercial and residential uses.

Excerpt from the Minute of the Public Hearing

Gord Fuller - 604 Nicol Street - Opposed

Asked Staff to confirm that the 'Resort Centre' designation came into effect with the ratification of the amendments to OCP.

Mr. Tucker corrected the speaker by noting that the redesignation to Cable Bay was the first amendment to the newly adopted OCP. The new OCP was ready for adoption and the Cable Bay application had not yet gone to Public Hearing; therefore, the OCP was adopted with an 'Urban Reserve' designation over the subject property, which was then amended to 'Resort Centre'.

Mr. Fuller stated his belief that if the subject property were to be redesignated as 'Resort Centre' it would be the only property that is legitimately designated due to the previous adoption being against Council policy.

Mr Tucker's statement was false as the original Cable Bay public hearing was on Sept 4th 2008 and the revised OCP was formally adopted on Sept. 8th 2008. I still contend the original public hearing to redesignate Cable Bay Lands to 'Resort Centre' was held illegally and as such if the result of the Public Hearing on April 2nd 2009 is to redesignate Timberlands property from 'Industrial' to 'Resort Centre' it would be the only property that is legitimately designated due to the previous adoption being against Council policy.

Tuesday, April 7, 2009

Voices From The Street Rally

What a great day it was. The weather held out and though just a little chilly in the KRALL space we had a pretty good turnout. We wetre really fortunate to be able to have the group Trinitude show up to play their song Lamant to Paul Jackson. Paul and his fiddle were fixtures in the city and on the Island. Sadly, in 2006, he passed away while stayiong at the Salvation Army Shelter. I had spoken to him earlier in the day and there was really no indication it would be his last. Other musicians included the Cunningham Family, Bobbi Schram, Owl & Pussycat, and some young musicians from Woodlands School.

We had a number of excellent speakers focusing primarily on the Homeless & Activists. Herb Mountain, homeless, was the most powerful of the speakers talking about his life and how people portray the homeless. “We’re just people, we have a little more problems sometimes, and the only way we can deal with it is drinking,” he said. “[People think] that we’re all dirty, crazy out of control people… We’re generally harmless.”

The latter part of the rally was devoted to candidates in the upcoming election and 5 showed up including, Leoanard Krog(NDP MLA Nanaimo), Ron Cantelon(Liberal MLA Parksville Qualicum), Dog Routley(NDP MLA Nanaimo/North Cowichan), Jeet Manhas(Liberal Candidate Nanaimo) and Dirk Becker(Green Party Candidate Nanaimo). Not to bad of a showing at all. The best Question from the audience was posed to Ron Cantelon, "How much did your suit cost".

Couldn't have pulled this off without the help of a young activist Katie Durvin. This is a phenominal young lady who started out organizing STANDS while at Woodlands high school and continues to do so now that she is at VIU. Katie even got a grant to provide reusable bags for the clients at Loaves & Fishes Food Bank and now sits on their board of directors. I have been trying to get Katie more involved and that is how we got together to do the Rally. I have also invited Katie to come and speak, with me, to a grade six class at Aspengrove School. Katie's involvement really brings home that the younger generation wants to be involved in making this a better planet.

BCCLA Kontroversy

More on the Koruption scene, I certainly hope the BCCLA gets on this soon. Links to an editorial by the Daily News and a letter to the editor in the same paper. At some point this will all go away, just wish Korpan would let it go as it does neither him nor Tony and Angela any good to keep drawing it out.

Civil Liberties Union Has No Place In Suit

BCCLA would be correct to get involved in lawsuit

I am also posting below another letter to the editor written by a friend. More often than not his stuff doesn't get published, was actually blacklisted by the D/N at one point, and on this subject my letters don't as well.

To the Editor:

Re: Civil Liberties Union has no place in suit (editorial, April 1). Was this unintentionally amusing editorial an April Fool's day joke?.

The BCCLA's interest in the promised Korpan lawsuit against a couple of ordinary and by all appearances not very well off citizens should be obvious to anyone who's been subjected to ex-mayor Korpan's bully-boy ways. You fail to point out that Mr. Korpan initiated these law suits while still in office. You also fail to point out that he smeared people who had nothing to do with the bumper sticker in question and refused to apologize for doing so. He instead offered the outlandish argument that an apology was unnecessary because his smear didn't rise to the level of libel. Additionally, he claimed -- and I'm not making this up -- that an apology was unwarranted because it might prove harmful to his political career. Such absurd utterances should give him pause -- but plainly do not.

You also failed to point out that Nanaimo's voters have spoken very clearly on this essentially political matter: merely 15 percent supported the ex-mayor in 2008. On the other hand, one of the objects of Mr. Korpan's litigious desires, underdog fish and chip shop proprietor Angela Negrin, came from nowhere to very nearly claim a council seat. As the lawyers say, res ipsa loquitur -- the facts speak for themselves.

For a very long time Mr. Korpan has been in need of a reality check. That he still just doesn't get it about his often rude and intimidating behaviour while in office is even more lamentable than his law suit. Perhaps BCCLA involvement will provide the legal stimulus the electorate evidently couldn't provide for him to finally come to his senses.

Eric Ricker
Nanaimo, B. C.

Wednesday, April 1, 2009


Saturday April 4th 11:00 – 1:00

Diana Krall Plaza
(Commercial St. beside the library Downtown Nanaimo)

Speakers to include:
The Homeless
Candidates: May 12 Provincial Election
(This is a non-partisan event, all candidates will be invited)



Gord Fuller – 250 754 6389 E-mail:
Katie Durvin – 250-758 4746 E-mail:

Koruption Lawsuit Scrutinized more Kontroversy

Ex Mayors Lawsuit Scrutinized

Kudoes to the BC Civil Liberties Association on their win in Powell River and their consideration of taking on Angela Negrin and Tony Parkins case. I really loved the comment by Laura Langstaff that Mr. Korpan's response to the bumper stickers was petulant, pedantic, pedestrian, and plebian. Have to say I totally agree.

Hopefully this will be the last chapter in this saga and Korpan will drop the lawsuit.