City responds to lot sale concerns

Mayor Dieter Bogs responds to the public's reaction to the proposed lot sale in Glenmerry.

The proposal to sell City park land on Rosewood Drive has raised some questions and concerns amongst members of our community.  I therefore thought it important to write to address some issues raised in a recent Letter to the Editor “Supporting fair, equitable and transparent practices on Trail city council” published on March 19, 2013.

The writer suggested that offering the land to the highest bidder through a sealed bid process would have been more appropriate, and in fact, this was what was first envisioned when this process was initiated.  However, the City sought an opinion from our Vancouver-based solicitors, Young Anderson Barristers & Solicitors, pertaining to the process to follow and it was decided to proceed without offering the land publicly as has been suggested, keeping in mind that there is no legislative requirement for the City to do so.

An excerpt of Young Anderson’s Summary of Advice is provided here:

“In order to dispose of parkland council must adopt a bylaw and the bylaw must, after third reading but before adoption, receive the approval of the electors.

It is our opinion that the requirements in relation to the disposition of parkland require that the City have a specific disposition in mind and contemplated before proceeding with the bylaw and elector approval process necessary to dispose of park.  The City cannot first complete a park dedication removal process and then market and sell the former parkland.

Section 27 of the Community Charter permits the City to dispose of parkland that was vested in the City by deposit of a subdivision plan.  Importantly, because s. 27(2) provides that the bylaw that receives the approval of the electors must authorize the disposition, it is our opinion that the specifically contemplated disposition must be before council at the beginning of the bylaw process.  In other words the bylaw could not simply provide that the parkland “may be disposed of” and leave, for future consideration, the decision to sell to a specific person for a specific price.

Such a ‘deferred decision’ approach does not adhere to the requirements of s. 27(2).”

As was noted by the writer, any proceeds from the sale of the land must be placed in a park land acquisition reserve fund, which is true.  While the City’s Official Community Plan, a guiding policy tool for land use planning, does include a notation that survey results had indicated a desire to improve maintenance standards of existing parks prior to considering the construction of additional parks, that statement cannot be read in isolation.

The Official Community Plan goes on to say that a system of parks and recreational facilities should be established that is accessible to all segments of the population and that is community, neighbourhood and local-area focused.  New parks may inevitably be desired as community needs change and the reserve fund would then be utilized accordingly.

The neighbourhood of Glenmerry has an abundance of park land, with nearly 25 per cent of community’s overall park/green space located there; however, in other neighbourhoods in our community, park space is much more limited.

As a case in point, in the fall of 2012, Trail City Council was requested to consider installing a playground structure in East Trail, at or around the Aquatic Centre, because the nearest playgrounds to this part of East Trail are located across Highway 3B at Gyro Park or at Pople Park in Shaver’s Bench.  With the City-owned lands around the Aquatic Centre and Butler Park being fully utilized, there is presently no opportunity to install a playground structure to serve the needs of this neighbourhood and acquiring appropriate land would be required.

I also want to make it clear to our residents that the adoption of the Park Disposal Bylaw No. 2750, 2013 would not set precedent as has been suggested and relates only to the park land on Rosewood Drive.

Each park/green space in our community is unique and there are many factors to be considered if Council were to contemplate future dispositions; however, the legal requirements as set out in the Community Charter would be followed then, as is the case now.

The City can appreciate that this is a complex matter and we do hope that this provides some clarity to the process that has been followed.

There is further information available on the City’s website at and also on the City’s Facebook page.

Dieter A. Bogs

City of Trail Mayor

Just Posted

Rotary eClub of Waneta Sunshine, alongside members from the Kootenay Native Plant Society and Trail Wildlife Association, joined together for a day of planting at Fort Shepherd. The Waneta Sunshine eClub was granted funds through an Express Grant from District 5080 to plant 50 shrubs which support pollinator opportunities at Fort Shepherd. Photos: Submitted
Kootenay conservation partners plant pollinator ‘superfoods’ at Fort Shepherd

TLC welcomes community groups to Fort Shepherd who would like to help local ecosystems thrive

A tent housing a mobile vaccination clinic. (Interior Health/Contributed)
Second dose vaccinations accelerating throughout region: Interior Health

To date, more than 675,000 doses have been administered throughout the region

A volunteer delivers food to families as part of a West Kootenay EcoSociety program. Photo: Submitted
Farms to Friends delivers 2,500th bag of food to families in need

The program services communities in the Nelson, Trail and Castlegar areas

“Our language and hence our ability to communicate is being distorted and impeded by the use of COVID catchphrases,” writes Dave Carter. Photo: Brett Jordan on Unsplash
COVID catchphrases impede our communication

Letter to the Editor from Dave Carter of Castlegar

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

(Black Press Media stock photo)
RCMP name 2015 homicide victim near Creston, investigation ongoing

26-year-old Clint Wolfleg was found dead in a private residence on May 31, 2015

Queen’s counsel Paul Doroshenko, a Vancouver lawyer, has been suspended from practice for two months after admitting that his firm mismanaged $44,353.19 in client trust funds. (Acumen Law)
High-profile B.C. lawyer suspended over $44K in mismanaged client trust funds

Queen’s counsel Paul Doroshenko admits to failing to supervise his staff and find, report the shortage

House Majority Whip James Clyburn, D-S.C., center left, reaches over to Rep. Maxine Waters, D-Calif., joined by Speaker of the House Nancy Pelosi, D-Calif., center, and members of the Congressional Black Caucus as they celebrate the Juneteenth National Independence Day Act that creates a new federal holiday to commemorate June 19, 1865, when Union soldiers brought the news of freedom to enslaved Black people after the Civil War, at the Capitol in Washington, Thursday, June 17, 2021. It’s the first new federal holiday since Martin Luther King Jr. Day was created in 1983. (AP Photo/J. Scott Applewhite)
Biden to sign bill making Juneteenth a federal holiday

New American stat marks the nation’s end of slavery

Athena and Venus, ready to ride. (Zoe Ducklow - Sooke News Mirror)
Goggling double-dog motorcycle sidecar brings smiles to B.C. commuters

Athena and Venus are all teeth and smiles from their Harley-Davidson sidecar

Kimberly Bussiere and other laid-off employees of Casino Nanaimo have launched a class-action lawsuit against the Great Canadian Gaming Corporation. (Chris Bush/News Bulletin)
B.C. casino workers laid off during pandemic launch class-action lawsuit

Notice of civil claim filed in Supreme Court of B.C. in Nanaimo against Great Canadian Gaming

A Photo from Sept. 2020, when First Nations and wild salmon advocates took to the streets in Campbell River to protest against open-pen fish farms in B.C.’s waters. On Dec. 17, federal fisheries minister Bernadette Jordan announced her decision to phase out 19 fish farms from Discovery Islands. Cermaq’s application to extend leases and transfer smolts was denied. (Marc Kitteringham/Campbell River Mirror)
Feds deny B.C.’s Discovery Island fish farm application to restock

Transfer of 1.5 million juvenile salmon, licence extension denied as farms phased out

John Kromhoff with some of the many birthday cards he received from ‘pretty near every place in the world’ after the family of the Langley centenarian let it be known that he wasn’t expecting many cards for his 100th birthday. (Special to Langley Advance Times)
Cards from all over the world flood in for B.C. man’s 100th birthday

An online invitation by his family produced a flood of cards to mark his 100th birthday

Most Read