Ottawa pays $11 million to developer

by Richard Rolke - Vernon Morning Star posted Jan 8, 2016 at 1:00 AM— updated Jan 8, 2016 at 5:53 AM
The federal government has handed over millions of dollars to a developer. Documents indicate that Ottawa paid $11 million to settle a legal dispute with K&L Land Partnership, which sued the federal government over 1,349 acres above Kalamalka Lake containing explosives. Aquilini Development and Construction, which owns K&L, is currently clearing the property south of Bench Row Road and west of Commonage Road to make sure any possible explosives are removed. “That’s ongoing for some time,” said Kevin Clarke, with Vancouver-based Aquilini. “It could be another year-and-a-half.” Parts of the Greater Vernon area were used for explosives training during the Second World War. K&L initiated the legal action in 2013 after purchasing the land from its previous owner in 2005 for $15 million. At the time the court case was initiated, K&L stated that the Department of National Defence had not detailed the potential hazards related to explosives. It’s not known when actual development of the K&L property could take place. The lands are in the City of Vernon and they are designated largely rural/agricultural and zoned non-urban. “The property owner has submitted an application to subdivide the property under the current applicable zoning provisions. The application proposes a bare land strata lot subdivision for single family dwellings,” said Dale Rintoul, the city’s manager of current planning. On Tuesday, the city referred the subdivision application to utility companies and government agencies for review and comments. A public hearing may not be required if the subdivision application doesn’t require rezoning approval or a bylaw variance. “If the property owner’s proposed subdivision meets all of the applicable bylaws, policies and guidelines, then the subdivision would be approved subject to a list of conditions,” said Rintoul. Because of a confidentiality agreement with K&L, DND would not comment about the settlement except to say, “The property in question was set aside as a range and training area during the Second World War. Although DND occupied the site beginning in July 1941, the site was not used extensively.”
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Okanagan Indian Band pushes for action on UXO
By Megan Turcato Reporter Global News January 7, 2016 6:23 pm
NEAR VERNON – Decades after they were used in military exercises, potentially dangerous unexploded explosive ordnances (UXO) still remain on lands owned by the Okanagan Indian Band. Federally funded work to clean up the areas is on-going but it’s not happening quickly enough for the band. “[It’s been] near 25 years since [the Department of National Defence] left and we are still stuck with storing their dangerous goods on our reserve lands,” says chief Byron Louis.The band would like to see the clearance become more of a priority. “We are just hoping to raise awareness that the government ought to be helping us more in clearing UXO from the reserve,” says Darcy Aubin the band’s director of lands and economic development. The Okanagan Indian Band hopes to see the land developed or used for housing. “We have a real shortage of member housing here so one of the first phases of development would likely be some sort of residential development mixed in with a little bit of commercial,” says Aubin. “The uses really are endless because of the vistas from the lands that we are talking about are beautiful.” However, according to the band, the UXO are standing in the way. “We can’t really do anything with the land until it is cleared,” says Aubin,. “Getting the UXO out of the ground is one issue, then you have to deal with all the contamination from those actual UXOs in the soil.” No one from the Department of National Defence (DND) was available to for an interview Thursday, instead they supplied a written statement. In it the department says work has been done to clear “the most heavily impacted part of the former Madeline Lake Range.” “UXO surveys are also being conducted at the former Goose Lake Range, in order to identify any other potential areas of concern. To support the Okanagan Indian Band’s future development plans, DND will continue to assess and initiate clearances once the Band has finalized its economic development implementation plan and timelines.” Aubin says he feels staff with the DND and Indigenous and Northern Affairs Canada want to help address the UXO issue. “Their hands are tied as well because they’ve got an annual budget that is set way before they even know about it. We are just hoping that the powers that be increase that annual budget for not only us but first nations across the country that are dealing with this UXO,” he says. In the meantime the band expects UXO clearance work to resume again in the spring as soon as weather conditions permit.
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Explosive property
by Kate Bouey -CASTANET Jan 8, 2016 / 11:43 am
A Vancouver company hoping to subdivide a huge parcel of land between Commonage and Bench Row roads expects its efforts to clear Second World War explosives from the site could last until 2017. “It began in the spring of last year and is a two-and-a-half year project,” said Kevin Clarke, of Aquilini Development and Construction Inc. of Vancouver. “A company we have is clearing the land, with National Defence overseeing it. “There is a history of all of those lands around the whole area being littered with explosives. It is a major issue with them dating back to the Second World War.” Clarke said Okanagan Indian Band land has even more aging ordinance than the section his company is dealing with. According to the Department of National Defence, the Commonage was set aside as a range and training area during the war. The land was used by DND beginning in July 1941, although the department said it does not appear to have been used extensively. However, it admitted there have been several unexploded ordinance encounters in the area, including fatal incidents in 1948 and 1963. A Maclean's magazine article earlier this week stated a 120-hectare portion of a former mortar range on OKIB land had been scanned by high-intensity metal detection equipment, showing about 10,000 marks. Don Louis, the OKIB's liaison with DND, said thousands of pounds of munitions had been removed from one two-acre parcel. He said work to clear OKIB land would resume in March. Meanwhile, Clarke refused to comment publicly on a local news report that Aquilini's company, K&L Land Partnership, had agreed to an $11-million legal settlement from the federal government over non disclosure of the ordinance issue when the Vernon land was purchased.
The firm has submitted an application to the City of Vernon to subdivide the property that Clarke said is almost 1,400 acres in size.“The application proposes a bare land strata, 54-lot subdivision for single-family dwellings,” said Kim Flick, director of community infrastructure and development. The application was distributed to utility companies, agencies and departments for review Jan. 5, Flick said, adding responses should be forthcoming within two weeks.