City finds trail compromise

The City of Penticton is now free to use $24,000 of developer Victor Durman’s $47,850 security to help build a trail to public lands on Campbell Mountain after voting 5-1 to approve an agreement with the developer Monday night.

  • Jun. 7, 2011 12:00 p.m.

The City of Penticton is now free to use $24,000 of developer Victor Durman’s $47,850 security to help build a trail to public lands on Campbell Mountain after voting 5-1 to approve an agreement with the developer Monday night.

The security was originally held to back Durman’s commitment to build a staircase to Campbell Mountain as part of the rezoning process for the construction of a 68-lot development. However, Durman said because the plan would require his construction team to cross through a protected area, he would not be able to obtain the necessary approvals from the province and/or the federal government to build the staircase — a conclusion that proved to be less than definite.

Outdoor enthusiasts and trail user-groups told council they still wanted the promised access to the land. And Penticton and Area Cycling Association president Andrew Drouin mapped out an alternative route, which city staff found to be a more accessible and maintainable than the original staircase route.

City staff investigated whether an unused provincial trail grant along with public donations could be combined with Durman’s security to pay for development of the route.

But Durman balked at the idea, telling the city in a letter that the issue of the stairwell “has nothing to do with nor is it connected to this new initiative,” insisting that “if the work can not be carried out, then the return of our letter of credit is automatic.”

Durman asked council to “empower” city CAO Annette Antoniak to negotiate a solution.

Council agreed and subsequently a deal was reached whereby the city would keep $24,000 of the security to do as it pleased with while the remaining $23,850 would be given back to Durman and he would be released from the requirement to construct a staircase. In addition, Durman will also have to pay a $250 public hearing fee and any legal costs of amending the agreement.

Arguing the deal is a good one for the city, Coun. Mike Pearce said he thought the requirement to build the staircase was frustrated in law and that continuing to hold Durman’s money might have resulted in a lawsuit.

“I am happy to see the developer co-operating rather than getting into a shooting match with us,” Pearce said.

Only Coun. John Vassilaki, a former developer himself, voted against the deal.

“There was an agreement made between the city and the proponent that he was going to give the city $47,850 for a trail for part of the trail network that was going to be put into place,” said Vassilaki. “That is the understanding that I have in order for him to get the rezoning and all the other goodies that he got for his project.

“Now, he still has all the rezoning and all the other stuff for his project but we are not getting our $47,850 … That money was specified for part of the trail and that is where it should be going.”


Just Posted

New trial date set in Penticton for Thomas Kruger-Allen’s triple assault charges

May trial was delayed after Crown witnesses failed to show up

A for sale sign is shown in by new homes in Beckwith, Ont., just outside Ottawa, on Wednesday, Jan. 11, 2018. THE CANADIAN PRESS/Sean Kilpatrick
Thompson-Okanagan population grew despite COVID-19: report

The Chartered Professional Accountants of BC said there are 8,462 new residents in the region

Scales of Justice
Acquittal in Okanagan crash that killed vacationing dentist

Daerio Romeo, 29, was charged with dangerous driving causing death and bodily harm

Renderings of what the skating rink could look like beside City Hall between Martin and Main in downtown Penticton. (Activate Penticton image)
Penticton to get outdoor ice rink this winter

It’s hoped the rink will be ready to host 2022 BCHL’s 60th year celebration

The fate of Skaha Marina and its operations will be decided Saturday, June 19 on general election day. (File photo)
Penticton city hosted last forum before voters decide on fate of Skaha Marina

Residents share concerns about length of operations agreement, parking and control of park

People watch a car burn during a riot following game 7 of the NHL Stanley Cup final in downtown Vancouver, B.C., in this June 15, 2011 photo. THE CANADIAN PRESS/Geoff Howe
10 years ago: Where were you during the 2011 Vancouver Stanley Cup Riots?

Smashed-in storefronts, looting, garbage can fires and overturned cars some of the damage remembered today

Vernon-Monashee NDP MLA Harwinder Sandhu supported a motion in the B.C. legislature for Canada to create a national Indigenous History month Monday, June 13, 2021. (Contributed)
Canada needs a national Indigenous History Month, Vernon MLA agrees

Harwinder Sandhu supports motion to recognize June as month to advance reconciliation efforts with First Nations

Orange ribbons are tied to the fence outside Vernon’s Gateway Homeless Shelter on 33rd Street. (Jennifer Smith - Morning Star)
POLL: Low-key Canada Day in the works for Vernon

Councillor calling for Indigenous recognition for 2022

A conceptual design of Vernon’s new Active Living Centre, which will go to referendum Oct. 15, 2022. (Rendering)
Active living centre 2022 referendum planned in Vernon

City hoping to get Coldstream and Areas B and C back on board

Closure of the 2900 block of 30th Avenue will allow restaurants and other businesses to extend their patios onto the street. (Jennifer Smith - Morning Star)
Green light given to downtown Vernon road closure

Single block of 30th Avenue to close over summer months to boost business

Graduating Grade 12 student Savannah Lamb has been awarded an approximate $40,000 scholarship from the Beedie Luminaries foundation. (Contributed)
Dedicated Salmon Arm student earns scholarship to pursue post-secondary education

Savannah Lamb is graduating from Salmon Arm Secondary with a $40,000 scholarship

A provided photo of the suspect. (Kelowna RCMP/Contributed)
Kelowna RCMP investigating after business robbed

An undisclosed amount of money and merchandise were taken from the business

(Black Press Media file)
Dirty money: Canadian currency the most germ-filled in the world, survey suggests

Canadian plastic currency was found to contain 209 bacterial cultures

Most Read