Penticton Herald

What’s next for Skaha?

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Dear Editor: The new revised contract with Trio Marine allows them to develop the marina and construct a new boat house and relocate and build a new concession.

The revised lease with Trio requires the city to have “consultati­on” with the public if there any requests for changes within the terms of the lease. I personally find that word to be somewhat offensive, why? Where was the “consultati­on” when residents lined up for over three-and-a-half hours at the June 29, 2015, public hearing, speaking passionate­ly and telling council to leave our Skaha Park alone? Can we now trust this council to “consult” with us when they ignored our attempts at consultati­on for the last 18 months?

Many have appealed for council to cancel the contract with Trio. In my opinion and through my experience that would require going into a prolonged court battle over X-years. A very costly battle. In my experience within municipal government that would be a tough case to win. Why, because the courts generally say that’s what these persons were elected to do, increase the economy of the city, create employment. The court’s general ruling, your chance is to vote this council out of office at the next opportunit­y.

Second appeal being suggested is to take the 29-plus year lease before the court, presenting an argument that it is much too long. Again, a tough argument to win in my opinion, why?

Municipali­ties campaigned to the provincial government for many years to have the right to longer leases, specifical­ly to encourage private investment onto public land. A longer lease would guarantee a better return for investors. Based on that history that argument on the length of the lease would be difficult for any court to overturn.

To reiterate, to take these two appeals before the court to have them overturned would be a great cost to the taxpayers, not just in legal fees, but potential financial damages awarded to the contractor/lease holder. In truth the court decision could cause a fairly substantia­l raise in property taxes. Tax dollars, fighting the taxpayers.

The only way to have this contract and the lease overturned is if procedure as set out in the Municipal Charter was not followed/adhered to particular­ly before the public hearing.

Many municipali­ties have had zonings and contracts overturned by the courts where the rules were not followed prior to a public hearing.

I found it interestin­g to hear Trio state that they had met with

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