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Powell River resident calls for investigation into Hemlock loop

Presentation includes recommendation to study events leading to ALC remediation order
COTW Hemlock
PACKED GALLERY: At a recent City of Powell River Committee of the Whole meeting, residents called for investigations into the Hemlock Street loop issue facing the city and its residents. David Brindle photo

A citizen call has been made for investigations into the Hemlock Street loop issue in Townsite.

City of Powell River has been ordered by the Agricultural Land Commission to remediate the section of road that loops around a residential subdivision and encroaches on 0.2 hectares of Agricultural Land Reserve. According to the order, it must be returned to the reserve in full capacity by August 31.

Powell River resident Pat Martin, who said her motivation to speak to the council was ethical, appeared before a packed public gallery at a committee of the whole meeting on Tuesday, January 15, and recommended two inquiries be conducted.

Martin’s recommended the city consider asking recently elected councillor Cindy Elliott, who has no previous involvement with this issue or the developer, fellow councillor and planning committee chair Rob Southcott, and an out-of-town lawyer to study the timeline of events leading up to receipt of the remediation order and prepare an independent report to council on who is responsible for the looped road.

The second recommendation was for the city to conduct its own investigation under Section 134 of the Community Charter, which would allow others to testify under oath, and therefore allow an impartial assessment of where and when professional errors were made.

Section 134 gives authority to summon witnesses, under the signature of the mayor, for examination under oath respecting matters related to administration of the municipality, and has the same power to enforce attendance of witnesses and compel them to give evidence as in a court of law in civil cases. A witness may be examined, cross examined and re-examined according to the rules and practice of the Supreme Court in civil cases.

Elliott said some sort of full explanation of the events is in order to answer and give reasons for all the recommendations in Martin’s presentation.

“I do think we need a better, clearer answer back to the public,” said Elliott. “I'm not entirely clear on all of these questions so I don't see how the public can be.”

Southcott agreed that an investigation is in order.

“Yes, it is one of the responsibilities of city council,” said Southcott. “It's the legal responsibility to review. Not a hanging court, that's for sure. We go forward on a positive basis.”

Southcott added the issue is the result of a cavalier attitude by the city toward the ALC that goes back a number of years.

“When you have a culture like that, with the best of intentions you can end up doing things that, when you look back at them, are real crimes, basically,” said Southcott.

To date, the city’s position has been the ALC approval was botched due to a series of missteps, miscommunication and misinformation.

The process would have gone through many levels of vetting, including the chief administrative officer at the time, lawyers, the former city planner, engineers and developers, Land Title and Survey Authority, and PRSC Land Developments, which sold the land to the city.

Regarding the involvement of the developers and other professions, Martin said she wants the city to ask the ALC to add the developer to the remediation order and obtain a legal opinion on whether there is merit to contacting some of the other professionals involved to share the cost of the remediation.

Mayor Dave Formosa said he is a one-third partner in the development and recused himself from Martin’s presentation. He left chambers during public questioning.

City staff has been directed to bring back a report on the Hemlock Street issue, including legal opinion. Chief administrative officer Russell Brewer said he expects an answer to the question about how the road was built without first gaining approval from the ALC. But, as one Powell River resident pointed out, a staff report is not a legal inquiry.

Brewer said no firm date has been set for the ALC appeal.

“What they told us was the end of March, beginning of April; we don't have a set date,” he said. “The ALC needs to see the basis of the appeal.”