Letter to the Editor

This is a copy of an open letter sent to RDEK Electoral Area E Director Jane Walter and City of Kimberley Mayor/RDEK Director Don McCormick

 

Once again, the views of many residents on a land use issue in Meadowbrook have been disregarded by Electoral Area E Director Jane Walter, the Mayor of Kimberley Don McCormick, and ultimately the Regional District of East Kootenay (RDEK) Board.

Residents are fed up with decisions being made that are neither knowledge-based nor reflect the expressed wishes of residents. This open letter from the Board of the Meadowbrook Community Association and a Group of Concerned Meadowbrook Residents details those concerns and demands transparency and accountability.

At its May 2023 meeting the RDEK Board passed a motion moved by Director Walter and seconded by Mayor McCormick to approve an application by Campbell/Blackburn for a zoning change that would lead to subdivision of a property on Bussey Road. The decision allows for a lot smaller than the Official Community Plan (OCP) limit of two hectares (five acres).  This is not the first time Director Walter and Mayor McCormick have ignored overwhelming opposition from residents and supported an amendment to the OCP without a compelling reason.

Less than 18 months before the May 2023 decision, in December 2021, the RDEK Board voted not to support an identical application from the same applicants. The motion not to support was also moved by Director Walter and seconded by Mayor McCormick.  Neither have offered residents a rationale for reversing their position on an identical application.

It is noteworthy that the RDEK Planning Department recommended against approval of both the 2021 and 2023 applications.

Staff advised that “OCP policies do not support parcel sizes less than two ha.” Staff also noted that “There are no other parcels in the vicinity that are zoned RR-1.”  Director Walter and Mayor McCormick have offered residents no explanation why they followed the advice of staff in 2021 but disregarded their advice in 2023.

RDEK Policy Resolution No. 15000, 05/1985 prohibits RDEK Directors from considering the views of citizens after the close of a public hearing. Thus, if they complied with RDEK policy, Director Walter and Mayor McCormick could only have considered the feedback they received personally prior to the public hearing, the letters submitted in response to the application, and statements made at the hearing.

At the public hearing on the 2023 application, Director Walter was asked how she voted on the 2021 application. She said she had opposed it. When asked if she had received feedback in any form from residents prior to the public hearing on the 2023 application, she replied, “Very little.”.  When asked what would change her vote in 2023, she replied, “The amount of support” Given that the letters submitted were 10 in support and 120 in opposition, it is difficult to comprehend her decision to change her previous position and support the application.

In the 2022 election, about 25% of approximately 1,400 eligible voters in Area E cast a ballot.  Director Walter received 191 votes, about 55% of the ballots cast.  Given the paucity of citizen support for her as a candidate, it is surprising that she would show so little regard for the voices of 120 of her constituents.  Director Walter has not offered any explanation for acting contrary to the expressed wishes of so many.

At the same public hearing, Mayor McCormick was asked how he had voted in 2021.  He replied, “I don’t recall.”  That response seemed curious since the meeting minutes record him as the seconder of the motion not to support. When asked if he had received feedback in any form prior to this public hearing, he replied, “None.” Thus, it appears that the only input from residents of which he was aware, were the 10 letters in support and the 120 in opposition.

Unless they own property in Kimberley, residents of Meadowbrook are not entitled to vote for the mayor and council of Kimberley. Mayor McCormick is not elected by the residents of Meadowbrook, yet he seems to feel entitled to ignore their expressed wishes.

In the past, when Mayor McCormick was confronted for acting contrary to the wishes of most respondents, he has characterized the opponents as a “vocal minority” who are “afraid of change.”  He has also asserted that it was his duty to consider the wishes of the “silent majority.”  He has yet to explain how he determines the views of folks who are silent.

Promoting change rather than progress, is irresponsible. Purporting to know the opinions of any “silent majority” is presumptuous.  Imposing one’s personal views on citizens who do not elect you, is undemocratic.

The concerns articulated above are not unique to Meadowbrook. At the same RDEK meeting that approved the Campbell/Blackburn application, Mayor McCormick and Director Walter voted in favour of a proposed development near the Fernie Alpine Resort (Galloway Lands).

The development was opposed by the City of Fernie, several local groups, and hundreds of residents. Recently the local press has reported comments by Mayor McCormick that appear to dismiss the views of opponents to a proposed zoning change in Marysville because their opinions were expressed in letters to the editor or on social media.

The seminal question in each of these situations is: should the vision guiding land use decision-making be that of local politicians or of residents as expressed in the OCP?  The existential question is: at the local government level, does democracy prevail?

The BC Local Government Act requires the adoption of OCP bylaws that represent the vision of residents for their community and their hopes and fears for future development.  The bylaw is adopted after the required extensive public consultation.  The OCP is supposed to guide land use planning for several years.  The OCP can be amended but surely, given the requirements for extensive consultation in its formulation, it should be changed only for compelling reasons and after much public consultation.

When opponents cite the OCP as a reason for denying rezoning applications, Mayor McCormick has stated that the OCP is a “living document.”  Unfortunately, his contention results in changes to the OCP to accommodate individual rezoning applications that satisfy the wants of applicants at the expense of the aspirations of the community at large. That is undemocratic.

There is a sense among members of the community that, even before the public hearing, support for this application was a “done deal.” One resident reported that Mr. Blackburn told him he was confident it would be approved because he had learned how to “schmooze” since his 2021 application.

Prior to the public hearing some residents noticed that surveying, fencing, and clearing activities were already occurring.  After the public hearing several attendees shared their concern that the manner in which Director Walter and Mayor McCormick responded to questioners and presenters who were opposed to the application seemed to indicate that they had already decided to support it.

This is not the first time that public hearing attendees in Meadowbrook have had concerns about fairness. Director Walter and Mayor McCormick have often engaged in debate with those opposing applications. This behaviour does not seem consistent with this statement on

the BC Government website: “Public hearings allow affected citizens to provide their views to elected officials on planning and land use bylaws.”  It would be consistent with this purpose of public hearings for elected officials to listen to presenters and to ask questions for clarification.   It would seem inconsistent with this purpose for elected officials to try to “educate” attendees.

The MCA and the Concerned Residents of Meadowbrook seek to ensure that land use decisions are knowledge-based and driven by the expressed wishes of residents.

We believe that, as public officials, Director Walter and Mayor McCormick should be transparent and account publicly for disregarding the overwhelming majority of residents who expressed their views on this, and previous applications.

Director Walter and Mayor McCormick:

• Why did you support this application in 2023 when you had opposed the identical application in 2021?
• What was so compelling in the 2023 application that warranted the creation of a lot smaller than the two hectares limit, and why was this reason not compelling in 2021?
• How do you justify ignoring the voices of 120 residents?
• Prior to the May 12 RDEK Board meeting, in any way did you indicate or even suggest to the applicants or their agent that you would now support this application?

We look forward to your responses.

Meadowbrook Community Association (MCA) Board and

Group of Concerned Meadowbrook Residents (GCMR)

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