Dear editor,
Re: “City launches legal action against Maple Pool” (Record, Sept. 2).
This article quotes CAO Sandy Gray extensively. If Mr. Gray has been accurately quoted, he has misstated a number of key “facts” and misled your readers.
The statement that the Lins have not “forwarded information suggesting ways of rectifying the situation” is patently and categorically false.
The Lins provided an in-depth study of a project in Nanaimo that could be easily implemented here, together with a sample bylaw and they provided these materials to City administrators some time ago, along with a letter setting out their suggestion for rezoning.
They are now in the process of obtaining engineering reports and other studies to support their suggestions.
Mr. Gray also is quoted as saying that the campground has flooded twice in “about the last year.” This statement is specifically inaccurate in that there has been no flooding whatever on the property in the past 21 months.
But it is also generally misleading in that the flooding that did occur almost two years ago clearly resulted solely from the uncontrolled release of water by B.C. Hydro.
During the next winter, BC Hydro properly controlled water releases. That winter saw the greatest precipitation in more than 50 years and that precipitation occurred simultaneously with extremely high tides and gale force winds. But there were no floods at Maple Pool.
Finally, Mr. Gray states that minimal elevation at the site needs to be brought up to 6.5 metres. The fact is that provincial regulations call for only 5.5 metres and the Lins are committed to complying with that requirement.
There have been allusions to a new bylaw by the City, which would increase minimum elevation by half a metre over the provincial requirements, but if such a bylaw has been passed, it has not been placed on the City website; nor has it been otherwise publicized.
Moreover, if as Mr. Gray asserts, the City is demanding an extra half metre beyond what is required by the Province, that would bring the requirement only to 6.0 metres, not the 6.5 metres Mr. Gray suggests is the new standard.
Clive Ansley
Editor’s note: Clive ansley is the legal counsel for Jin and Dali Lin, owners of Maple Pool Campsite.
