District cleared in spat with developer

The B.C. Ombudsperson has cleared the District of Summerland of any wrongdoing in connection with a disagreement with the developer of the Lighthouse Landing subdivision in Trout Creek.

The Ombudsperson investigates complaints of unfairness and wrongdoing on the part of public bodies.

Chief administrative officer Linda Tynan informed council on Tuesday of the decision.

The developer contacted the Ombudsperson because he believed the district had not followed through on an agreement that he believed he had made with the mayor regarding the naming of one of the streets in the Lighthouse Landing development.

The portion of the street under question at the entrance of the subdivision was eventually named Dale Avenue.

The Ombudsperson’s report states “During our investigation we determined that the Mayor (Peter Waterman) and Acting CAO met with the developer and agreed to change the road name to Lighthouse Landing if the developer agreed to pay a 5 per cent cash-in-lieu of parkland donation.”

Subsequently, Linda Tynan was hired as CAO, who informed the developer that the mayor did not have the authority to make that agreement and only council could change a street name by bylaw.

The investigation substantiated her statement to the developer.

“Although the error made in agreeing to change the road name was unfortunate, the naming of streets is council’s jurisdiction to be exercised by bylaw,” the report states.

The report also dismisses the developer’s allegation that the five per cent cash-in-lieu of parkland donation was calculated incorrectly.