Man wins court docket combat in opposition to Metropolis of Kelowna over enterprise licence – Kelowna Information

Rob Gibson – Oct 6, 2021 / 3:31 pm | Story: 347837

Photo: Kirk Penton

Just 24 hours after gasoline prices jumped in Vernon, retail prices in Kelowna have also hit 157.9 cents a litre.

The Shell station on the corner of Harvey Ave. and Richter St. has followed the trend set in Vernon and set its price per litre at 157.9.

Other gas stations in Kelowna remain between 146.9 and 148.9 cents per litre.

Gas prices in Metro Vancouver also appear to be hovering between 153.6 and 156.9 still, making parts of the Okanagan more expensive than Vancouver when it comes to a litre of gasoline.

Dan McTeague, with Canadians for Affordable Energy, told CTV News that the hike in prices is directly related
to increased demand and undersupply of oil globally.

-with files from CTV News

Man wins court docket combat in opposition to Metropolis of Kelowna over enterprise licence – Kelowna Information

Rob Gibson – Oct 6, 2021 / 2:55 pm | Story: 347845

Photo: file photo

Another disturbing case of a home invasion in Kelowna.

Kelowna RCMP is searching for two suspects who allegedly broke into a residence and threatened a woman.

The incident happened on October 5, just before 11:30 p.m. in the 1900-block of Pandosy St.

The female resident reported that two unknown men had entered her apartment, threatened her, and damaged property before fleeing.

“The victim, a woman in her 40’s, was uninjured but extremely shaken by the incident,” says Cpl. Jocelyn Noseworthy of the Kelowna RCMP. “We do not believe this victim was the intended target, and the suspects may have gone to the wrong address.”

Police are now looking for two suspects wearing tracksuits with hoods, gloves and non-medical masks.

“If you witnessed this incident, captured it on video, or have information that may help RCMP identify and locate the suspect, please contact the Kelowna RCMP at 250-762-3300,” says Cpl. Noseworthy.

Kelowna RCMP are still investigating two violent home invasions last month.

Photo: Contributed

The federal government announced Wednesday that federal public servants must be vaccinated by the end of October or they will be forced to take an unpaid leave of absence.

That includes all RCMP officers.

Commanding officer of the Kelowna RCMP Supt. Kara Triance believes the new mandate will not change much in terms of local staffing.

“With everything changing, there is always a period of time to normalize the process. This will take some time to roll out properly at the national level. But no I don’t think we will lose police officers because of COVID vaccinations,” she said in a statement to Castanet.

“There are consultative steps with the National Police Federation and health professionals to ensure this is done properly. We have other basic health requirements for on duty officers and this is in line with those standards,” she added.

The head of the Kamloops RCMP detachment shared a similar perspective on Wednesday.

“I don’t anticipate any significant fallout from the announcement today. But, that said, it’s all new,” said RCMP Supt. Syd Lecky.

The RCMP’s union, however, the National Police Federation said last month it would be supporting members who refuse to get vaccinated.

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Photo: Martin Weiss

Martin Weiss property at 3990 Swamp Road

A decision by the City of Kelowna’s business licence manager to refuse to renew a business licence has been deemed “unlawful” and “unreasonable.”

In a decision Tuesday, BC Supreme Court Justice Gary Weatherill sided with the owner of M. Weiss Masonry, who sued the city and business licensing manager Greg Wise after the company was refused a 2021 business licence.

Martin Weiss filed suit in March after he was notified in December, 2020 the business he has operated since 1995 would not receive a licence for 2021 because “conditions on this business licence were not met.”

In handing down his decision, Justice Weatherill agreed with Weiss that Wise did not have the authority to revoke the licence.

He also agreed no reason was given for the decision, and that only city council, and not Wise, had the authority to revoke a business licence.

Weatherill ruled that the city’s allegations that Weiss was using his property at 3990 Swamp Road for uses beyond that of his business were “speculation in the extreme.”

“They did not provide any evidence contradicting Weiss’ evidence regarding the business use of the property and sought to justify the reasonableness of their actions by reliance on nothing other than assumptions, conjecture and inadmissible hearsay.”

The city had argued that, while Wise did not have the authority to cancel an existing licence, because licences are for a one year term issuing a licence each year is “in effect, the granting of a new licence.”

Justice Weatherill dismissed the claim, saying a letter sent to Weiss informing him he was operating without a business licence 11 days after a Dec. 7 letter saying his licence would not be renewed is evidence of the city’s intention to cancel the business licence.

Justice Weatherill concluded the decision not to renew the licence was in effect, a decision to revoke it, authority of which rests solely with city council.

He ordered the city to issue Weiss a business licence once his $25 renewal fee is paid. The city is also required to pay costs.

Madison Erhardt

For the first time in almost two years, the Kelowna Actors Studio is excited to open its doors again.

In two weeks, audiences will be able to take in dinner and a show at the studio on Ellis Street.

October’s performance is Into The Woods.

The musical intertwines the plots of several fairy tales, including Little Red Riding Hood, Jack and the Beanstalk, Rapunzel, Cinderella and many others.

Chad Abrahamson will play the Big Bad Wolf and Cinderella’s prince.

“Well it is a little bit more than a comedy, but it is a little bit darer. It is that Brothers Grimm.”

Abrahamson says it means the world for him to be back doing what he loves.

“It starts to get at you when you put all that effort in and then you can’t do it so the fact that we are two weeks today from the opening night we are over the moon.”

Marketing manager Rebecca Leboe says the past year has been very difficult.

“It has been almost impossible to be totally honest. We received no support from any level of government. All of our revenue and everything that allows us to keep our doors open is generated by the sale of tickets. When we can’t sell any tickets we have no revenue to fall back on.”

The studio says they leaned heavily on classes and camps, and after-school programs to generate income.

“Kelowna seemed to be very receptive to that. Our classes have grown exponentially over the past two years”.

The studio will operate at 50 per cent capacity.

Both the audience and workers must be vaccinated.

“It works just like going to a restaurant. As you come in the front door we will scan your vaccine passport. Once you are in the door and seated either at a table or in theatre seating you are able at that point to remove your mask,” said general manager Jim Thitchener.

The first performance takes place on October 20.

For tickets and more information, click here.

Photo: Fay Reinson

Fay Reinson never thought she would see her old firehall bell again.

That is until Wednesday morning, when the bell mysteriously reappeared on her back steps.

A little more than a year ago, someone stole the bell from the backyard of her Bernard Avenue home.

“I never thought I would see it again,” Reinson told Castanet News, still shocked at its return. “But, I do appreciate it.”

Reinson says she was taking out the garbage when she noticed the bag, but expected it was something a friend was supposed to drop off this week.

Until she tried to pick it up.

“I almost broke my back. Then I looked at it and thought, oh my God, it’s the bell.

“Whoever took it originally…I don’t know why they returned it, but it had to be the person that stole it because how would they know where I live.”

The bell has no real value, but has sentimental value to Reinson.

Her deceased husband was a firefighter.

The bell originally stood on a stand in her backyard. Unfortunately, she says, the stand was not returned.

Photo: BC Housing

BC Housing’s 20-storey downtown development cleared its final hurdle after council approved issuance of development and development variance permits.

City council gave its enthusiastic, unanimous support during Tuesday evening’s council meeting.

Included in the approval was a variance to allow for 20 storeys. The area is zoned for 12.

Tuesday’s vote clears the way for BC Housing to begin construction of the building on Bertram Street just north of Bernard.

“This is a deliberate, well thought out use of the site,” said Coun. Brad Sieben.

“This deserves the height it is given. I would be disappointed if it was 12 storeys.”

The project includes 17 storeys of livable space above a three storey parking podium as well as a separate, attached townhouse building on the north side of the tower, with units facing north and west.

The development includes 162 apartments and 14 townhouses.

Twenty-two of the units will be fully accessible to those with mobility issues.

The project will also include a daycare and outdoor play area, private courtyard on the fourth level and a rooftop garden on the eighth level.

“This ticks so many boxes,” said Coun. Loyal Wooldridge.

“I don’t think there is a community benefit missing,” added Coun. Ryan Donn. “This sets the bar of what is possible.”

Mayor Colin Basran said the project would not be possible without the relationship the city has cultivated with the government.

“We are getting these investments because we choose to have a great relationship with the provincial government and BC Housing,” he said.

Rob Gibson – Oct 6, 2021 / 8:55 am | Story: 347784

Photo: Kirk Penton

Construction workers on Gordon Dr.

Construction work on Gordon Drive between Ladner and Cook Roads is slowing the morning commute Wednesday.

Parents dropping their children off at school tell Castanet, “the traffic in the Mission on Gordon Dr. and Lakeshore Rd. is at a standstill. It took me 25 minutes to get from Anne McClymont Elementary to Cook Rd.and I’ve tried both roads,” says one irate caller to the newsroom.

Road work began Tuesday Oct. 5 on Gordon drive between Ladner and Cook roads. Paving is scheduled to go between 7 a.m. and 5 p.m., weather permitting. Fortunately the work is expected to be completed by 5 p.m. Wednesday.

Two-way traffic will be maintained on Gordon Drive using the northbound lanes, however, motorists should expect delays. People on bikes should choose other routes, or dismount and use the sidewalk. Cross streets within the paving area will be closed and detour routes will be posted.

Cindy White

WildSafeBC reports black bear-human conflicts this year are on track to set a new record high in the Thompson-Okanagan.

Kamloops is the hot spot, and this summer’s wildfires are likely one of the causes.

“It’s quite striking. Kamloops has really had a record year, which is a bit unusual for such a densely urbanized area,” explains Vanessa Isnardy, WildSafeBC provincial coordinator.

There were 148 black bear reports in Kamloops in August and 173 in September. The average (2014 to 2020) for these months is 48 and 81 respectively. The region has already received more reports year to date (393) than any other single year with the next highest the year of 2015 having a total of 379 (January to December).

This summer’s wildfires are likely one of the reasons bears are wandering into populated areas more often. “It has really impacted them because a lot of their natural food sources are in the valley bottoms, and a lot of those fruits and berries that they’re typically foraging for in September, they ripened earlier this year. They’re in the midst of needing 20,000 calories per day to put on the weight for winter hibernation, where they lose around 30% of their body weight,” said Isnardy.

“So, because of all of this need for food right now, and because there’s not as much on the natural landscape, it’s driving them more into communities. You know, they lead by their nose and they’re seeking out food sources.”

About half of the sightings involved animal attractants, and garbage wasn’t the only problem.

“Fruit trees are also strong attractants and don’t get reported very often because people think if a bear is foraging in a fruit tree there’s no harm, but we’re teaching bears that it’s okay to forage for food near people. Eventually when the fruit wanes off the tree and there’s no more left, then it starts shifting over to other sources of food, which can be a little more destructive,” added Isnardy.

In the Kelowna Region (including West Kelowna and West Bank First Nation), there were 168 black bear reports, a new record high. The average is 60. In September, there were 151, compared to an average of 106.

Vernon had 24 black bear reports in August and 57 (record high) in September with the averages being 17 and 24 respectively. Penticton and area had 26 black bear reports in August and 38 in September. These were also above the averages of 11 and 27 but not record setting.

Cougar encounters provincewide are currently on par with most years. Between January and September, there have been 1,900 reported sightings, slightly below the average of 2,000 for the first nine months of the year.

The Kelowna region saw 16 cougar reports through August and September, which is higher than the average of five but one cougar can generate multiple reports, said Isnardy.

“If someone sees a cougar. Because they’re strict carnivores and because they’re less often seen, people almost always report a cougar sighting and it could be the same cougar reported multiple times.”

Isnardy says even though some of these animals might not survive due to the lack of natural food sources, humans should not interfere, because that just artificially boosts the wildlife population and causes more problems down the road.

The province also records the number of black bears, grizzlies and cougars destroyed. Between April and August, 227 black bears were put down by the BC Conservation Officer Service, 37 were killed by other people. Only 8 were relocated.

Over the same time span, there were 387 reported conflicts with grizzlies, and 12 were destroyed. Out of 1,040 cougar calls, 34 of the animals were destroyed and two were relocated.

People can report wildlife sightings to the BC Conservation Officer Service 24/7 call centre at 1-877-952-7277. If the situation is not urgent, reports can also be made using the online form.

Photo: Contributed

Photo: Wayne Moore

Solar Road home where Kevin McNally was fatally stabbed in April 2015

Jose Amestica broke down in tears as he thanked Justice G.C. Weatherill for giving him a second chance, saying he would not regret it.

The 56-year-old West Kelowna man was given a three-year suspended sentence on two counts of trafficking in a controlled substance.

He was arrested in October 2019 after an undercover police operation in downtown Kelowna, in which he sold cocaine and fentanyl to an undercover RCMP officer.

In May 2017, Amestica was sentenced to five years in prison for manslaughter in the 2015 stabbing of 45-year-old Kevin McNally inside a Solar Road home during an argument. McNally died three days later in hospital.

Amestica had multiple drug convictions prior to his killing of McNally, dating back to 2010, and he allegedly went back to his old ways shortly after completing his manslaughter sentence.

During sentencing Tuesday, Justice Weatherill told Amestica he came very close to not accepting the joint submission of the Crown and defence for a three-year suspended sentence with several conditions including a curfew, a ban on drug and alcohol and a requirement that Amestica supply a DNA sample.

“I have sentenced many for trafficking in controlled substances and fentanyl is the most hideous of them all. The number of people dying is horrendous. It has killed more people this year than COVID-19,” said Justice Weatherill.

He accused Amestica of selfishly feeding his own addiction at the expense of others, but in the end, agreed to a suspended sentence. A suspended sentence allows Amestica to avoid prison if he abides by his release conditions. Should he violate them, the sentence is collapsed into a jail term.

“Don’t thank me, thank your mother,” said Weatherill.

Amestica lives with his elderly mother, who was asked by the justice how he can be satisfied her son will stop selling drugs.

She gave an eloquent answer, touching on how it’s not just the family behind her son, but the community. She credited his lawyer, drug counsellor, and staff an Interior Health who saved his life when he suffered two drug overdoses in 2019.

Amestica also addressed the court. “In my life, I have said I’m sorry too many times and not truly meant it. I mean to back up my words with actions. I want to change my life completely,”

“If you fail there will be consequences you will not relish,” replied Justice Weatherill.

A third charge of trafficking in a controlled substance was stayed by the Crown. Last March, he also pleaded guilty to one count of possession of a controlled substance.

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