Cluculz Residents Asked To Dig Deep For Legal Action
.png)
Cluculz Lake residents gather for update on status of legal proceedings in effort to appeal Vanderhoof Pool referendum
Cluculz Lake, BC – With a tight legal timeframe, Cluculz Lake residents have just the next two days to open their wallets and prove they want to appeal the results of a recent referendum that will see them taxed to pay for a proposed new pool in Vanderhoof.
It was standing room only at the Cluculz Lake Community Hall this afternoon, as more than 200 property owners at the lake gathered for an update from the proponents pursuing legal action on their behalf. They were told they’ll have to come up with a substantial amount of cash by Tuesday, if they want to move forward – between $35- and $40-thousand dollars.
The residents are upset with the results of a mid-February referendum conducted by the Regional District of Bulkley-Nechako which saw 585 votes cast in favour of the proposed $12-million dollar project compared to 467 votes against in Rural Area ‘F’. (click here, for previous story) And within the Cluculz Lake Fire Protection area of Area ‘F’, 271 voters were against the project, compared to just 25 in favour. Many allege a number of irregularities with the referendum, including confusion over non-resident property consent forms and a number of residents at Bobtail Lake who did not receive mail-in ballots.
An earlier meeting on March 9th to gauge support for the appeal, and subsequent deposits to a newly-established trust fund, garnered the $5600 – more than the initial $3000 needed to retain a lawyer and file a petition with the courts. The document was filed on March 15th – a hearing must be held on, or before, April 4th.
Proponents, Dick Martin and Randy Holubosh, met with lawyer, Gaurav Parmar of Heather Sadler Jenkins LLP this morning to go over the facts of the case before this afternoon’s meeting. "His opinion is that we have a challenge," Martin told the crowd.
Martin said the lawyer feels there is evidence of bad faith, which materially affected the outcome of the referendum, but that opinion came with a warning that there’s still a risk the courts might not overturn the results of the vote because of a reluctance to scrutinize decisions made at local government levels. In addition, if the petition is unsuccessful, the group could be ordered to pay for the RDBN’s legal costs.
According to Randy Holubosh, the court petition alleges four areas where the referendum was conducted in bad faith:
- bias on the part of Jerry Petersen (Rural Area ‘F’s elected representative on the RDBN and a rep on the Vanderhoof pool committee)
- not sufficiently informing the electors about the required consent form
- requiring electors to drive an unreasonable distance to vote
- failing to mention the true costs of the swimming pool on the published notice and the ballot
Another upset resident, Ken Stahl, pointed out to those at the meeting that there is the chance the Regional District could be ordered to pay the group’s legal expenses, if their case is successful.
"The way we’re going to raise the money is we open up our wallets a little bit harder and heavier than we wanted, but if we’re really serious about ‘this is the fight we’re going to fight’," said Holubosh. "This is probably one of the better ones I’ve seen, in my humble opinion, there (were) some things tremendously unfair."
Martin suggested that if each of the 200 people in attendance were willing to put up $200, the group would have the $40-thousand dollars necessary. "We’re going to give our lawyer direction by Tuesday," Martin warned.
Most stopped to write cheques, and receive receipts, at tables set up before they left the hall. If the referendum stands, their share of the pool costs amounts to $1.08 for every $1000 dollars of assessed improvements on their property. Many residents say they’ll be paying between $200 and $300 per year for the next 30-years for a pool they’ll never use.
Comments
Hahaha!!!!!! Dummies, going to cost more to fight than paying the tax on a legitimate vote. After this one I have some land for sale at low tide.
Randy 1955 you must be having trouble with your calculator as if everyone’s average tax bill is 200 to 300 hundred which is average 250 then times 735 properties on the lake at the end of 30 years we will have sent 5.5 million dollars to cover Vanderhoof pool costs and 90% of the tax payers will never have ever used it. Seems you have money to burn so send it to Vanderhoof just in case you get the urge to go. Maybe after math lesson Dummies we arn’t
What makes you think that the vote was legitimate. Seems like there were some problems with it. If not then there would not be this controversy.
Seems people all over BC are taking local Governments to court to get some justice.
Haldi Road is another example, and there are others. We might have to do the same thing if the City persists with its aim to sell off the Pine Valley Golf Course to business interests.
Hey! You CAN fight city hall! Downside? One needs really deep pockets for it though. No shortage of money anywhere these days, eh?
These guys are missing the boat.
No election is perfect. They are smoking something if they think they’ll ever see much of their 35-40 thousand back.
What they should be doing is registering as their own municipality. They’d have a much better chance of pulling that off with certainty and getting out of the tax bills that way.
“there’s still a risk the courts might not overturn the results of the vote because of a reluctance to scrutinize decisions made at local government levels.”
The Haldi Rd residents were told the same thing but that community pursued legal action because they also strongly believed that city council was wrong in their decision and understanding of the OCP. Taxpayers are beginning to act on their beliefs and all levels of government need to start paying attention to the average citizen.
Haldi Road’s fight still isn’t finished and they might lose yet.
Cluculz Lake would do better just to remove themselves from the fight and the tax bills. Of course, the lawyers won’t make as much this way.
Would be nice if people stuck to facts. This was a referendum ballot that 1052 voters voted in area “F” 271 no & 25 yes in the Cluculz Lake area. Without our vote referendum still would have passed. 562 yes & 196 no. So Vanderhoof could still have their pool just needs to pay for it themselves
Maybe our get rich quick (on tax dollars) Government could give them some money for this pool.
I would much rather they helped Vanderhoof with a pool than build a stupid Wood Innovation Building in Prince George. At least the pool has a purpose and would get some use.
The Wood Innovation Building will be a home away from home for Government workers.
I was in Vanderhoof the other day and spoke to 4 people on this pool.
All 4 of them were pi**ed about it and all 4 of them didn’t think Cluculz should be tagged with a tax increase.
They also said there was a lot of angry and divided people over this.
Now, I know that is only 4 people but it was 4 people who lived in right town.
They all said this has been poorly handled.
Traditionally pools are a huge tax sucker and it may be wise to step back and look at this again?
A case of everyone wants to go fishing…but nobody wants to help paint the boat, perhaps?
Everyone thinks it’s so cheap to live out of Town, how about spending 20 Grant plus to get your Water and Sewer in and driving back and for to Work and Shopping and don’t get me going on Fire Insurance ,so for this we pay lower Taxes for Services not received . If you want a Pool in your Town ,pay for it , don’t cast a big Net to get Money for your Town Fun, the excuse we may use the Pool is not a wise one. If I go to PG or Van or Burnabys Pool, I don’t get ask if I pay Taxes in this Town, I just pay! And I don’t live in Cluculz Lake, this Pool will be a Financial Nightmare. Living not in Town is a Life Choice, not a financial one!
It was a vote..they lost.
Don’t like our political system, well then how about spending all that time, energy and money on finding us a better one.
Antifreeze, maybe they were from Cluculz Lake using the rest of the facilities they didn’t pay for.
Outwest: “Everyone thinks it’s so cheap to live out of Town, how about spending 20 Grant plus to get your Water and Sewer in and driving back and for to Work and Shopping and don’t get me going on Fire Insurance ,so for this we pay lower Taxes for Services not received .”
Nobody forced you to live out of town. Besides, I’m sure you knew about all of this before you moved out there.
Randy1955—–maybe you should just stick to the facts we at Cluculz would not be appealing the vote if fairness & democracy had taken place. We’re fighting for your democratic right to vote without having to go to war as a lot of our retires are funding this champagne with their pension cheques maybe you should help send money to help provincial voters maintain their rights to vote in democracy rather than try to sell us on your fuzzy math
Maybe you should have cried about it prior to the vote rather than looking like a bunch of sore losers.
I wonder how many are actually paying Taxes
Randy1955. Is that you Jerry? You sound a little bias. If the pool vote was fair nothing to worry about. We just wanted an opportunity to voice our opinion prior to ballot
Randy: “Maybe you should have cried about it prior to the vote rather than looking like a bunch of sore losers.”
Agreed. You have to admit the timing looks bad on the residents.
Randy1955 still trying to figure out the calculator 4 person survey is 100% and if you want to do another one 210 people voted to fight a vote that wasn’t done fairly that’s another 100%.
Randy1955 we would like to see if the Province might be able to tax everyone so we could get a Sky train built between Cluculz and the pool then the Green house gases would also be less and we could afford to go swimming. Dumb Idea right.This idea is as dumb as taxing Cluculz for a Pool in Vanderhoof
To finish my Line : Are you Paying Taxes in Area F, if not it wont matter to you !
P Val. It was a vote. Only some were allowed to vote. Those not allowed to vote still stuck with the bill. Its not about losing a vote. Its about a fair process. Atleast be aware of the issue before posting an oppinion.
The tax will be $1.08 per $1000 of your assessment. Ouch!! That on average could add up fast over 30 years. Where else does one get a 24% increase in taxes for just one project most in Cluculz will never use.
I think we should be allowed to pull the west part of Alberta into the BC provincial vote since Vanderhoof has set a precedent of how to do it.
After the vote, we will let them know that they now have to not only pay for accomodation on a per use basis, but also pay for building and maintaining the tourist infrastructure we have.
In addition, the US sates bordering on the Canadian border shouled be able to vote in the Canadian Federal election and given the same opportunity to enhance Canada’s infrastructure.
I mean, fair is fair, eh? ;-)
I understand the Cluculz Lake area taxpayers were only permitted one vote per household, is that correct?
I also understand that the FN reserve south of Vanderhoof also got to vote, however all those living under one roof were permitted to vote.
I wonder how they all voted considering they won’t be paying any tax towards the pool?
It is all about where the line in the sandbox is drawn.
We either have bullies in the sandbox who draw it for everyone else because they have the stick, or we discuss before the line is drawn and come to agreement, then draw the line together.
Seems to me that is the key issue.
Hey, the Elections Act is a living document. ;-)
This vote was a bad joke. Sore losers? Whatever. This appeal will be funded by those effected. The opinions of randy and JB, who obviously don’t understand the issue, are irrelivant.
Vanderhoof is no different than many small towns.
Because their tax base is limited at best, they all tend to allow local taxes to keep creeping upwards…particularly residential taxes.
There are a number of reasons for it, but lack of growth is a big one.
Some of it is legitimate and some of it is just poor management.
Eventually, people can’t justify living there anymore and they move.
Vanderhoof’s real estate prices are already over-market and that too hurts them in the long run.
This pool is not going to help the situation.
Right now it is a novelty, but that will wear off fast as the bill comes due and operating costs rise every year.
And they will.
Vanderhoof city council is well aware of that. or they should be.
By all means,have your pool if that’s what the majority of people want, but don’t bitch about it later when the true costs are seen.
A lot of small communities don’t have pools, and there is a reason for that, as much as they would like to have one.
Comments for this article are closed.