Thursday, May 28, 2009

Band threatens to close road

By Richard Rolke - Vernon Morning Star Published: May 28, 2009 6:00 PM

Traffic on a busy Vernon road could grind to a halt because of a land dispute. On Tuesday, members of the Okanagan Indian Band council voted to close Lakeshore Road from Vernon Creek to Tronson Road. “We have a specific claim to that area and ownership of the road has been an issue,” said Chief Fabian Alexis. “We have never extinguished ownership of it.” The band’s actions come after it asked the City of Vernon to abandon a $733,000 project that would have addressed safety concerns along the road. Both sides of Lakeshore from Tronson to the creek, including the beach (not Kin Beach Park), are part of the Indian reserve. Alexis could not say when the road could be closed, but stated planning must be done first. “We could do it to correct some of the abuse of band lands there,” he said. The beach has long had a problem with vandalism, noise and vehicles driving on to the sand.

The City of Vernon is not pleased with the band’s decision to possibly close the road. “From my understanding, that road right-of-way was established long before the reserve was set up,” said Mayor Wayne Lippert. “It became a legal road for the city when annexation of Okanagan Landing occurred in 1993.” If the band attempts to close the road, Lippert says the city will consider its options. “The city has legal title to the right-of-way. We would challenge it,” he said. The previous band council had agreed to work with the city to address ongoing concerns at the beach by installing a retaining wall, parking and walkways.

However, that situation ended when the band’s leadership changed last month. “Some support was lost on council because of the election,” said Alexis. That view is also held by Lippert. “There were significant changes on band council and the focus will be on land claims and not so much on partnerships with other communities,” he said. The $733,000 Lakeshore Road project has been suspended and a $132,183 provincial grant could be lost. The remainder of the money included $554,000 from the city and about $47,000 in sand and gravel from the band. “We wanted to clean it up and make it better for everybody,” said Lippert of why the city was pursuing a project outside of its jurisdiction. Alexis says he is concerned about activities at the beach, but points out that the band doesn’t have a tax base to fund enforcement. “The RCMP are to monitor all Okanagan lands.” Alexis added that the band also needs to look at long-term land uses along Lakeshore Road because of potential development there.

Lippert hopes the city’s relationship with the band isn’t falling apart, but he advises residents with complaints about noise, parking and safety issues on the road and beach to call the band. “We have no jurisdiction over that area,” he said.Alexis doesn’t believe relations between the band and the city have soured. “I’m not worried about it. It’s not in jeopardy to the point where we won’t talk again,” he said.

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