WEDNESDAY, JULY 2, 2008 Established 1988.
SERVING NELSON & AREA
VOLUME 20, NUMBER 31
NCES files injunction against City
INSIDE
Local group alleges City of Nelson broke laws when it approved Kutenai Landing; Mayor says rezoning done properly by Chris Shepherd
More TA $$ School District 8 finds more money for teaching assistants. PAGE 3
Hang out for the environment
CHRIS SHEPHERD
Paul Edney has launched a new website, www.inspirenelson.ca, that he hopes will do exactly that, inspire Nelson. The website shows visitors the impact of simple acts – like hanging laundry out to dry – on the environment. Coinciding with the launch of the website, Edney has helped start a campaign to get people to hang laundry out to dry in July. See story on page 9.
A local group, convinced council ignored provincial laws and public opinion on Kutenai Landing, has asked the Supreme Court of B.C. to overturn rezoning that allowed the project to go ahead and stop the city from issuing any building permits. The Nelson Citizen Empowerment Society’s lawyer, David Aaron, served the city with a petition to the court on Friday, June 27. In a written statement, Aaron wrote “[w]e allege that the City exceeded its statutory powers and we’ve applied to the Supreme Court for an order
quashing the rezoning bylaw and for an injunction restraining the city from granting the developer permission to proceed with excavation of a contaminated site.” “All we’re asking is that they follow the rules,” said Anthony Hill, vice president of the Nelson Citizen Empowerment Society (NCES). “We want them to represent the needs of the people of Nelson.” The NCES petition opposes the rezoning on three main points under provincial legislation regarding: contaminated sites; planning; and public input. See MAYOR p.3…
Environmental questions loom 20th Artwalk Nelson and District Art Council add more venues to annual art festival. PAGE 10 Editorial . . . . Street Talk . . Crossword . . A&E . . . . . . . . Events . . . . . . Health Pages Sports & Rec Classifieds . .
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Homes&Gardens . 18
Construction on Kutenai Landing on hold while City and developer negotiate clean-up conditions by Chris Shepherd Aside from a sales office, construction on the Kutenai Landing site hasn’t begun while the city and developer work out what safeguards need to be attached to a provinceissued low risk letter. As of Friday, June 27, the Ministry of Environment hadn’t heard back from the city about a low risk letter that would allow New Future Development Group to begin excavation and construction of the foundation and parkade at the 110 Cedar St. location. Vince Hanemayer is a senior contaminated sites officer for the Ministry of Environment. He said the ministry could not issue the letter until the city got back to his ministry. At their Monday, June 9 meeting, council approved a proposal from new Future Development Group to get a low risk letter
from the Ministry of Environment. A key part of that letter are conditions that outline what the developer can and cannot do, Hanemayer said. “There has to be safeguards in place to ensure that prior to . . . occupancy of the land that certificate of compliance will be in place for that property prior to that time,” said Hanemayer. “That’s contingent upon the local government being able to police those conditions.” In an e-mail sent to the Express, Kevin Cormack, city manager, wrote that the City was currently in negotiations with the developer on the terms of a low risk letter. Cormack was otherwise unavailable for comment due to the holiday weekend. The issue of a low risk letter came up after it was revealed a necessary document to allow construction of a residential build-
ing on former industrial land was no longer valid. The document, a Conditional Certificate of Compliance, was issued in 2001 but residential use of the land was not considered when the certificate was issued. Ministry staff realized there needed to be a new site profile submitted by the developer after New Future Building Group asked for the low risk letter, Hanemayer said. The ministry decided there needed to be a site investigation. “That blocks the ability of local government to issue permits until either the site has been determined to not be contaminated or there is approval-in-principal issued for a remediation plan or a certificate of compliance indicating the site has been cleaned up to appropriate land-use/water-use standards.”