The following appeared in the August 11, 2008, edition of the Herald:
News media, as well as trustees on the Okanagan–Skaha school board, have asked where the opposition to the proposed demolition of the Penticton Secondary School gym and auditorium been for the last 2 ½ to four years. Well I will tell you: It has been loud and clear but ignored by the board.
Four years ago I heard Pen Hi was to be replaced and the old school was falling apart, according to the board. So I went on a tour of the school and found, on the contrary, very serviceable structures, especially when looking at the gym and auditorium. In August 2004 I went to see the secretary treasurer of the school board inquiring if there had been any thought to saving valuable assets like the gym and auditorium. He was less than cordial when I asked to see the proposed plans and contemptuous when my suggestion of keeping these buildings was suggested. He told me the bu8ldings were expensive to maintain, in terrible condition and would be torn down.
I was very surprised that a public-officials had such little respect for citizens and certainly left with the impression that he did not want those buildings to remain no matter what. So, I know for a fact there was opposition to the demolition plans at least since August 200r since I voiced it personally.
Many citizens from all ages and backgrounds including teachers, students, seniors, business people and parents put their signatures to a petition asking for a delay in the demolition. Countless letters have been written by Pen Hi alumni, artists performing in the auditorium and Penticton citizens. Most recently taxpayers petitioned the courts asking for a postponement of the demolition. There has been and there still is opposition to the loss of the gym and auditorium. The school board has just neglected to listen.
Some people have remained silent on this issue publicly because they are afraid of retaliation by the board. This is understandable particularly when you see the vindictive way they have replied to the ordinary citizens that dared question their demolition plans in court. They have actually said they are considering asking these people to pay for the board’s court costs. That is a significant sum since the board did not hesitate in hiring a very expensive Vancouver lawyer to prepare their case with your tax dollars.
This school board has been manipulative and untruthful in carrying out its Pen-Hi re-development plan. They have excluded taxpayers. City council has supported the board’s tactics and plans, providing their own lawyer to accompany the board for three days in court in Kelowna. The council is also clearly supporting the South Okanagan Performing Arts Centre by buying property and hiring consultants. So how can the city make an impartial evaluation of the gym and auditorium when they believe their retention conflicts with their SOPAC plans?
Opposition is growing as more people realize what will be lost, excellent public facilities which would take millions to replace. Listen to the public. They have some excellent ideas for using these buildings. Why not incorporate them with the Shatford building which was saved for $4million but without a designated purpose? This heritage building, along with the gym and auditorium, would make a practical and affordable core for community arts and sports activities. City council may not be able to afford a replacement for these buildings for some time since the South Okanagan Events Centre is currently more than $20 million over budget. The gym is a safe place for kids to play and stay healthy after school, providing an alternative to just hanging out around town somewhere. If extra school parking is urgently needed, then tear down the far less valuable Learning Centre and Alternate School and move their services to the empty Shatford building.
The city concil and the school board have acted as if they hold unlimited power and are not answerable to the public. The gym and auditorium should not be demolished at this time. There is opposition, loud and clear. Just wait until the next election.
Showing posts with label court. Show all posts
Showing posts with label court. Show all posts
Thursday, August 14, 2008
Wednesday, July 30, 2008
Dan Ebenal: Group’s efforts destined to fail
The following editorial appeared in the 29 July, 2008, edition of the Western News:
The saga around the proposed salvation of two aging school buildings is threatening to become a never-ending story.
The Penticton League of Sensible Electors has — despite suffering a legal defeat last week — promised to carry on their good fight to save the Penticton Secondary School auditorium and north gym from demolition is planning to announce their next move this week.
What might this move look like when the group has already used up its most powerful option is beyond us.
Might this group announce that they would tie themselves to building in a courageous, even tragically heroic bid to keep the buildings upright? Or will they call for a mass demonstration or some other form of political action? They have already raised the spectre of running a slate in the next municipal election. Or will they look for help from outside the community, say provincial leaders, assuming that these individuals actually care about this matter? We are certainly open for surprises.
But it is highly unlikely that any measure announced this Friday will succeed. The actual facts on the ground are clear and will deny PLEASE any possibility of success, no matter how they define it. The group is of course, free to pursue their goal and persist in their efforts, something it has done with determination, since it continues to ignore appeals from this space and other voices to cease their futile and ultimately doomed campaign.
The points made in favour of saving the two facilities might have resonated two, three years ago. Yes, the group has inspired thousands of people to voice their opinion in recent weeks, but this out pouring comes too late.
So PLEASE, end this pointless agony and stop assuming that the powers that be can be forced into sharing your rose-coloured nostalgia for two buildings whose best days are long behind them.
The saga around the proposed salvation of two aging school buildings is threatening to become a never-ending story.
The Penticton League of Sensible Electors has — despite suffering a legal defeat last week — promised to carry on their good fight to save the Penticton Secondary School auditorium and north gym from demolition is planning to announce their next move this week.
What might this move look like when the group has already used up its most powerful option is beyond us.
Might this group announce that they would tie themselves to building in a courageous, even tragically heroic bid to keep the buildings upright? Or will they call for a mass demonstration or some other form of political action? They have already raised the spectre of running a slate in the next municipal election. Or will they look for help from outside the community, say provincial leaders, assuming that these individuals actually care about this matter? We are certainly open for surprises.
But it is highly unlikely that any measure announced this Friday will succeed. The actual facts on the ground are clear and will deny PLEASE any possibility of success, no matter how they define it. The group is of course, free to pursue their goal and persist in their efforts, something it has done with determination, since it continues to ignore appeals from this space and other voices to cease their futile and ultimately doomed campaign.
The points made in favour of saving the two facilities might have resonated two, three years ago. Yes, the group has inspired thousands of people to voice their opinion in recent weeks, but this out pouring comes too late.
Editorial aside: Two or three years ago the South Okanagan Events Centre was not on the books. Now it is, and the City of Penticton is at least $20 million (I suspect closer to $40 million) poorer. Call me crazy, but I think this is relevant.
So PLEASE, end this pointless agony and stop assuming that the powers that be can be forced into sharing your rose-coloured nostalgia for two buildings whose best days are long behind them.
I assume that Mr. Ebenal has come up with a plan to fund the replacement for the aging Pen-Hi auditorium: "The Penticton Western News Centre for the Performing Arts". Now all we need from Mr. Ebenal is a cheque for $40 million...
Tuesday, July 29, 2008
Zorka Kvestich: School board ignored electorate
The following appeared in the 24 July, 2008, edition of the Herald:
The School Board has not been fair. It thinks that two small meetings and a website was enough notification to tell the people about the new Pen High development and the demolition of the old school. Many people in Penticton are like me, retired, and do not use a computer. We expected our public officials to have our best interests in mind. However, it seems like the Board did not really want to hear from people like me, but we are taxpayers and want a say in assets that we believe are economical and can give many more years of valuable contribution to our community. The taxpayers should have a say on what happens to the north gym and auditorium. The Board has not accepted any suggestions that might include saving these buildings. They have not listened to the people that elected them. They are trying to destroy these structures in September just two months before the next civic election to avoid discussion and a possible referendum which would allow the majority to decide whether the buildings should be kept or not. The Board is actually asking a court to ignore the significant public opposition and allow the demolition of these buildings. This is unbelievable.
The taxpayers of town, many of whom are pensioners like myself, are already paying additional taxes because of the new South Okanagan Events Centre. I supported a referendum for this project after listening to the significant public discussion surrounding the proposal. A few years earlier, a plan to demolish the Memorial Arena was squashed by public input and the building was saved. The old arena is still giving excellent service to Penticton.
The Pen High development did not follow a similar excellent opportunity for public discussion. In fact, it actually appeared to be the opposite, with the School Board only informing the town what it was planning to do. The articles in the paper certainly suggested to me that the final choice about the gym and auditorium had already been made. I do not understand why two expensive buildings that we already own, with a small amount of renovation, cannot be utilized. It is the practical and economical solution to give our city much needed recreational and artistic venues. New facilities can be built later, with public support when the opportunity and funding is available.
I have attended scores of concerts in the auditorium while a member of the Okanagan Symphony and Community Concert Series. I watched my daughters during high school and now grand daughters playing basketball through the Penticton Basketball Camp in the gymnasium. I do not support destroying these facilities to make room for the parking lot of the new school. A new place can be found for parking, but these buildings cannot be easily replaced. I think that the Board has not represented the taxpayer’s best interests at all and should be held accountable in the next election. It is obligated to listen to the public and consider the practical alternatives that have been repeatedly made by concerned citizens and suffering taxpayers.
The School Board has not been fair. It thinks that two small meetings and a website was enough notification to tell the people about the new Pen High development and the demolition of the old school. Many people in Penticton are like me, retired, and do not use a computer. We expected our public officials to have our best interests in mind. However, it seems like the Board did not really want to hear from people like me, but we are taxpayers and want a say in assets that we believe are economical and can give many more years of valuable contribution to our community. The taxpayers should have a say on what happens to the north gym and auditorium. The Board has not accepted any suggestions that might include saving these buildings. They have not listened to the people that elected them. They are trying to destroy these structures in September just two months before the next civic election to avoid discussion and a possible referendum which would allow the majority to decide whether the buildings should be kept or not. The Board is actually asking a court to ignore the significant public opposition and allow the demolition of these buildings. This is unbelievable.
The taxpayers of town, many of whom are pensioners like myself, are already paying additional taxes because of the new South Okanagan Events Centre. I supported a referendum for this project after listening to the significant public discussion surrounding the proposal. A few years earlier, a plan to demolish the Memorial Arena was squashed by public input and the building was saved. The old arena is still giving excellent service to Penticton.
The Pen High development did not follow a similar excellent opportunity for public discussion. In fact, it actually appeared to be the opposite, with the School Board only informing the town what it was planning to do. The articles in the paper certainly suggested to me that the final choice about the gym and auditorium had already been made. I do not understand why two expensive buildings that we already own, with a small amount of renovation, cannot be utilized. It is the practical and economical solution to give our city much needed recreational and artistic venues. New facilities can be built later, with public support when the opportunity and funding is available.
I have attended scores of concerts in the auditorium while a member of the Okanagan Symphony and Community Concert Series. I watched my daughters during high school and now grand daughters playing basketball through the Penticton Basketball Camp in the gymnasium. I do not support destroying these facilities to make room for the parking lot of the new school. A new place can be found for parking, but these buildings cannot be easily replaced. I think that the Board has not represented the taxpayer’s best interests at all and should be held accountable in the next election. It is obligated to listen to the public and consider the practical alternatives that have been repeatedly made by concerned citizens and suffering taxpayers.
News: Judgment from BC Supreme Court
The ruling from Mr. Justice Barrow dismissing our petition against School District 67 can be found on the web at: http://www.courts.gov.bc.ca/Jdb-txt/SC/08/09/2008BCSC0980.htm.
Sunday, July 20, 2008
Adeline Rheaume: Court injunction for buildings necessary step
The following letter appeared in the July 15th Western News. A slightly different version also appeared in the Herald:
Why is it necessary for taxpayers of this area to take such extraordinary steps as asking for a court injunction to stop the destruction of the Pen Hi gym and auditorium?
It’s because we have such an extraordinary situation here, with tens of millions of dollars worth of valuable assets in danger of being hauled to the landfill. (And then we might well be forced into the position of replacing them.) All this with the distinct possibility of an economic “correction” facing us.
There is very strong evidence that an overwhelming majority of Penticton and area residents (approximately 97 per cent) do not want this to happen.
Yet our six school trustees, who speak with one strangely identical voice, plus five of our city council (everyone except Vassilaki and Ashton) have decided to ignore the usual democratic process and act against the wishes of this vast majority.
If they challenge these statements, we challenge them (if they cannot see fit to call a referendum) to sit down and carry out another opinion survey. With us.
When we conducted our survey, with every age group from high school to senior participating, over 2,600 said do not do it.
Only 85 said yes. If they can come up with that many people agreeing to the destruction of these facilities, I’m sure some of us would be willing to autograph the wrecking ball. That’s how confident we are the people of this area are completely against this insanity.
So what we have here is a handful of elected people who have forgotten that they represent us, the electorate. When there is such a huge disconnect between their thinking and what the general public wants, its time they did some soul searching. Especially when they are embarking upon something totally irreversible.
Working together, the city, school board and the South Okanagan Performing Arts Facility Society could have made this work on behalf of the community, serving both adults and students for decades to come. They chose not to.
That is when we began hearing, “PLEASE. Something has to be done.”
Remember. There are no grants or funding of any kind. Just people digging into their own pockets because they do not want to see pieces of Penticton destroyed and the city thrown into unnecessary debt.
And now on the lighter side. Overheard in Kelowna: “Good thing Penticton officials were not in charge of the new bridge. They would have taken it down first then started figuring out how to replace it.”
Why is it necessary for taxpayers of this area to take such extraordinary steps as asking for a court injunction to stop the destruction of the Pen Hi gym and auditorium?
It’s because we have such an extraordinary situation here, with tens of millions of dollars worth of valuable assets in danger of being hauled to the landfill. (And then we might well be forced into the position of replacing them.) All this with the distinct possibility of an economic “correction” facing us.
There is very strong evidence that an overwhelming majority of Penticton and area residents (approximately 97 per cent) do not want this to happen.
Yet our six school trustees, who speak with one strangely identical voice, plus five of our city council (everyone except Vassilaki and Ashton) have decided to ignore the usual democratic process and act against the wishes of this vast majority.
If they challenge these statements, we challenge them (if they cannot see fit to call a referendum) to sit down and carry out another opinion survey. With us.
When we conducted our survey, with every age group from high school to senior participating, over 2,600 said do not do it.
Only 85 said yes. If they can come up with that many people agreeing to the destruction of these facilities, I’m sure some of us would be willing to autograph the wrecking ball. That’s how confident we are the people of this area are completely against this insanity.
So what we have here is a handful of elected people who have forgotten that they represent us, the electorate. When there is such a huge disconnect between their thinking and what the general public wants, its time they did some soul searching. Especially when they are embarking upon something totally irreversible.
Working together, the city, school board and the South Okanagan Performing Arts Facility Society could have made this work on behalf of the community, serving both adults and students for decades to come. They chose not to.
That is when we began hearing, “PLEASE. Something has to be done.”
Remember. There are no grants or funding of any kind. Just people digging into their own pockets because they do not want to see pieces of Penticton destroyed and the city thrown into unnecessary debt.
And now on the lighter side. Overheard in Kelowna: “Good thing Penticton officials were not in charge of the new bridge. They would have taken it down first then started figuring out how to replace it.”
Friday, July 18, 2008
News: Pen High battle lands in Supreme Court
The following appeard in the Western News:
By Steve Kidd - Penticton Western News
Published: July 17, 2008 10:00 AM
Updated: July 17, 2008 6:34 PM
The Penticton League of Sensible Electors and School District 67 finally have something in common.
They’re both going to have to wait a little bit longer to find out if a B.C. Supreme Court judge will grant an injunction delaying SD67’s plans to demolish the auditorium and north gym at Penticton Secondary along with the rest of the old school buildings.
After two days at Supreme Court in Kelowna receiving affidavits and hearing arguments from both sides in the ongoing dispute over the future of the Pen High buildings, Justice Geoffrey Barrow reserved decision on the matter, saying he would render a verbal opinion on July 22.
The court proceedings were started by PLEASE after they felt they had exhausted all other means to convince the Board of Education that, separated from the school, the gym and auditorium could still be valuable assets to the community.
One of the main arguments presented to Barrow concerned whether the school board had done due diligence in terms of allowing for public input over the future of the building.
PLEASE lawyer Tom Johnston presented the argument that while there had been public consultation over the planning of the new school, the board of education had not fulfilled obligations for public input regarding the disposition of surplus buildings.
“When assets are built that have a larger public value, they have a responsibility to consult with us,” said Tom Siddon, a PLEASE member, saying that SD67 should not just be responsible to the needs of students and the educational community but to the larger taxpaying public as well.
Given their chance to rebut, Geoffrey Litherland of Harris and Co. argued that during a process spanning several years, a great deal of public consultation had been done. He presented affidavits from superintendent Gary Doi, former board chair Connie Denesiuk, director of maintenance John Hickling and secretary-treasurer Frank Regehr, all of whom were heavily involved in the consultation process.
“It has been a five-year process. There’s been a lot of board work done” said Regehr, who felt they had provided Barrow with a well-researched package of information.
If the court approves their injunction on Tuesday, PLEASE chairman Dave Shunter said the group will begin work on a business plan and ways of raising the millions needed to preserve the old buildings. But if the judge doesn’t grant the injunction, he added, PLEASE won’t be giving up — they’ll just begin work on another plan.
“It isn’t over yet,” said Siddon.
“That’s my bottom line.”
By Steve Kidd - Penticton Western News
Published: July 17, 2008 10:00 AM
Updated: July 17, 2008 6:34 PM
The Penticton League of Sensible Electors and School District 67 finally have something in common.
They’re both going to have to wait a little bit longer to find out if a B.C. Supreme Court judge will grant an injunction delaying SD67’s plans to demolish the auditorium and north gym at Penticton Secondary along with the rest of the old school buildings.
After two days at Supreme Court in Kelowna receiving affidavits and hearing arguments from both sides in the ongoing dispute over the future of the Pen High buildings, Justice Geoffrey Barrow reserved decision on the matter, saying he would render a verbal opinion on July 22.
The court proceedings were started by PLEASE after they felt they had exhausted all other means to convince the Board of Education that, separated from the school, the gym and auditorium could still be valuable assets to the community.
One of the main arguments presented to Barrow concerned whether the school board had done due diligence in terms of allowing for public input over the future of the building.
PLEASE lawyer Tom Johnston presented the argument that while there had been public consultation over the planning of the new school, the board of education had not fulfilled obligations for public input regarding the disposition of surplus buildings.
“When assets are built that have a larger public value, they have a responsibility to consult with us,” said Tom Siddon, a PLEASE member, saying that SD67 should not just be responsible to the needs of students and the educational community but to the larger taxpaying public as well.
Given their chance to rebut, Geoffrey Litherland of Harris and Co. argued that during a process spanning several years, a great deal of public consultation had been done. He presented affidavits from superintendent Gary Doi, former board chair Connie Denesiuk, director of maintenance John Hickling and secretary-treasurer Frank Regehr, all of whom were heavily involved in the consultation process.
“It has been a five-year process. There’s been a lot of board work done” said Regehr, who felt they had provided Barrow with a well-researched package of information.
If the court approves their injunction on Tuesday, PLEASE chairman Dave Shunter said the group will begin work on a business plan and ways of raising the millions needed to preserve the old buildings. But if the judge doesn’t grant the injunction, he added, PLEASE won’t be giving up — they’ll just begin work on another plan.
“It isn’t over yet,” said Siddon.
“That’s my bottom line.”
Monday, June 16, 2008
Legal challenge to SD67
Summary of legal documents filed June 12, 2008
Affidavits
- David Perry was on Council since 1990 and Mayor from 2002 to 2005 - David explains the community need for both facilities and the lack of public or formal meetings as well as the history of SONG & PLEASE - he and all the other living Mayors agree both buildings should be kept until replacements are ready for use
- Tom Siddon draws on his Parliamentary experience and engineering background to explain the need, plus the fine acoustic quality of the auditorium - Tom details the numerous requests/attempts to save the buildings and the process that lead up to the June 5/08 decision to file the Petition
- Sandra Congram focuses on the need for the gym in today's world where fitness facilities are at a premium; she also talks of her presentations to keep the facilities and that now is not the time to tear down functional facilities when the need is so great
- Marylin Cleland Barnay focuses on the need for the auditorium and the need for a Performing Arts Facility Plan that meets projected community needs; she is also critical of the Board for not allowing public input
- Adeline Rheaume reveals the overwhelming public support in favor of keeping the facilities as- 97% - 2671 to 85 and how the Board process on May 20/08 was a farce including the absent trustee, Kevin Andrews, saying his "nay" vote from Cuba!
- Ron Mason identifies the cost of up to $1.2M to bring the buildings up to standard; that the Board's plan to the Ministry did not include either facility; and that the asbestos can be effectively dealt with
- Al Kenyon confirms the "Six Mayors" support & cautions that the City & Board are taking a real gamble by demolishing before replacements are ready; Al also comments on the City apparently deliberately creating a facility deficit as the City seems to think it will have a better chance raising the $30M it needs for the new performing arts center, if the auditorium is down
- Dodi Morrison explains her opposition to the demolition and the lack of public consultation
- Dave Shunter highlights his lengthy experience as an educator and trustee and that the auditorium and gym were never part of the Board's plan; when he left the Board at the end of 2005, he thought the City would be taking over the facilities
- Keith Lindstrom another long time educator and trustee explains that even his own plan was not considered, even though he was a trustee at the time; he also confirms that "the plan" was to "knock 'em down" from the beginning. Keith says there was no public meeting where the final design proposal was presented
- Michael Brydon the professor, focuses on the numbers and Michael Brydon, the dad, focuses on the need. The $1,142,000 Greyback estimate, his paper "Saving the Former Pen-Hi Gymnasium and Auditorium: A Decision Analysis", and his Cost Assessment of SOPAC are filed with the Court
- Beth Campbell reinforces that she and former Mayors Messmer, Tinning, Pearce, Kenyon and Perry have all had decades of public service and they unanimously agree, despite the fact their politics are different, that the buildings should stay
- Cory Goodrich, an articling student at Johnston, Johnson & Company, reviewed all the School Board Minutes and other public documents and confirms the dates set out in the Petition
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