Ken Dahlen's presentation to Coldstream Council March 26/12

Ken Dahlen's comments:

"Topic:  Coldstream Subdivision and Development Bylaw

 

As you are all aware I have attended several council meetings in regards to this bylaw: To date I have not heard any public support to this change you are about to vote on tonight.

I would like to be clear once again on my concerns:

1. Standard building permits were never to have the subdivision and development bylaw applied to them.

2. The approving officer does not have the right to ask or demand road upgrades, gifting, drainage upgrades as a condition of a standard building permit that meets all regulations.

3. You now say you can change the bylaws on our land we own without our consent! You also say you can charge what ever you want for these new regulations again without our consent.

4. Please let me ask this question: If I wanted to change the rules on my bylaws that apply to my property how would this work? I know I would have to make an application to The District of Coldstream, then post a sign on my property and inform all affected property owners in my area. But you don't have to do this? This is not right. So do we have two sets or rules? This is not fair!

5. You have now identified 15 different roads that will now be subject to a drainage charge when a building permit is applied too. So how do people know or do they just find out when they come for a building permit? Should they not be now called (R-1a) because they are special?

6. I find this very offensive that you feel you can change the rules on land we own without our consent! This is not the Canada I know and love.

7. So in the end lets just take the pig out of the dress and call it what it really is! You need money and you need new tax revenue. This should not be placed on the backs of 15 roads in our community. This is a community issue and should be identified on a OCP and budgeted for appropriately. Possibly we can only do 5 road repairs a year but let's have a plan and do this right. This way it is open, transparent and honest! The roads, drainage, curbs and gutters are to be maintained by the District's annual budgets on a on-going basis.

8. I am not sure you are aware that in Friday's paper Vernon has now dropped from 20th in Canada to 175th and major issues identified are affordable housing, lack of jobs, and low household incomes. I am only one company and I have informed you in the past I have lost well over a million dollars of work that has been frustrated at the Building permit stage by excessive demands! I am only one company and the loss of these jobs would employ several people and increase our tax base

9. I would ask this council to be aware they need to help the community and support it, versus  making new bylaws or laws that get in the way. The only Answer I have to date is for some reason you have a plan to run us over a cliff.

10. In closing I want to be clear that you have said to the tax payers the following:

You can change bylaws without our approval

You can charge what you want for the new drainage fee and change the price at any time without the taxpayer's approval.

I also assume you can add to this list and change this from drainage to bike paths, or curb and gutter again without our approval.

So in the end you own the land and we don't!

Sorry to say we own the land and we are Coldstream, you were voted in, but not to take our rights away and treat us like mushrooms.

Last meeting in Lavinton you only had time to listen to 5 or 6 people, and you cut off anyone else that wanted to express concern on this bylaw. If you are not going to allow more people to speak please look at the crowd and understand clearly we do not want any new bylaw that will add cost to a standard building permit! 

No to the Bylaw."

"...and Council voted YES to the Bylaw," offers Kia.

Yes.

Unanimous.

 

Ken Dahlen's compelling letter for Coldstream residents

Ken is a building contractor in the North Okanagan and--after a year of seeing first-hand the effects and hearing from customers who are delaying work on their homes--is silent no longer regarding Coldstream's Subdivision Servicing Bylaw 1535.

Especially after today's Morning Star story by Jennifer Smith.

We are grateful for Ken's permission to reprint his letter to Jennifer here:

February 19, 2012

To: Jennifer Smith

I would first like to take the time to thank you for your article today in the Morning Star about Coldstream and the development and servicing bylaw. I own Keith Dahlen Construction along with 15 acres in Coldstream. I am very concerned about the District's approach to this bylaw and feel they are really trying to change rules and regulations to allow them to collect another form of tax to help with their own budget overruns. I believe if we check what is happening in the real world every single business in the North Okanagan has had to reduce spending, cut budgets and balance our budgets. However I believe if you check into their (Ed.note: Coldstream's) budgets, they are still increasing even though the economy is struggling. Business is down some 25 to 30% and the municipality's spending is up approx. 40%. This can't continue! Our jobs within the North Okanagan have drastically reduced over the past two years and we need government to understand this is not the time to make things more difficult!

In regards to the changes the District is considering I feel it is important to understand some basic points:

1. Coldstream is looking at changing rules and regulations (Bylaws) on existing property. When this happens this could affect what the owner can or can't do on his property. For some of us we purchase the property knowing we have a right to additions, 2nd buildings and/or structures and possibly have had banks, appraisers involved to give you land values, maybe even take out a mortgage knowing this. The guidelines are very clear on land usage and how to conform.

 So if they have the ability to change Bylaws that can affect your property, do they not have to have the consent of the property owners! Should the property owners all not be made aware of their new (Bylaws) and have a say? Or do we in effect rent the land from them and they can change the rules and regulations tell us what they need! Is this a Monarchy? They must inform every single property owner within Coldstream that they are considering changing the rules and regulations that could effect their own land use and possibly add thousands of dollars to their cost even if it just a small renovation. We should have a say in this!

2. I have also checked with Insurance companies and they have confirmed that when we insure a home we only insure the home. So if a home is required to be re-built due to fire, flood etc. we are only insured to re-build the home. To rebuild the home this would require a building permit. Once again this is just replacement of the home that existed. So if the District is allowed to then ask for roads and drainage upgrades the property owner is not insured for the additional cost. You cannot insure what you don't own. This is a clear message that the roads and drainage are not the owners' responsibility and have been paid by development and/or the district and that our annual taxes are paid to take care of these.

3. If road and infrastructure upgrades are required then as a community we need to understand what they are and have a say in when and how much this should cost the taxpayers and have a plan to have this work completed. This should not be on the back of a single family permit application and/or renovation that has no net effect and meets all guidelines.

I have a growing list of clients that have stopped their plans to proceed with construction during the permit issuance stage as the demands have been too great. I feel it is very important for all the citizens to be advised and understand their rights and at least have an opportunity to speak to this current bylaw review.

I wrote a letter to Coldstream in 2011 and was asked to attend a Technical Review Committee meeting when they were first discussing the change to this bylaw. However I was advised about 1 hour before I attended that I could attend but I would not be allowed to speak. So I attended the meeting only to listen to them cut up my letter and suggest it was not worth responding to! It makes you really wonder is this actually Canada? They are discussing bylaws that affect my property and I have no say! How does this work?

Once again they have renamed this group and now call it "Committee of the Whole" and meet again this Monday Feb. 20th  at 6 pm and no one knows about it. This again is a meeting you can attend but you are not allowed to speak or ask questions. They then push to move right into the next council meeting to possibly change the bylaw. On some bylaws they have even pushed them through by reading 1st, 2nd and 3rd reading in one night so no one has time to debate or ask questions!

I appreciate anything you can do to help get this information out as I believe most people really do not understand the risk at hand.

Thank you for your time.

Ken Dahlen

And thank you, Ken, for allowing us to print your powerful letter...

Coldstream meeting dates and times are (click) here