A Summerland man is seeking an order that the municipality's loan authorization bylaws 2024-035 and 2024-036 be set aside.
The two bylaws are for loan authorization for two projects in Summerland, one on Victoria Road South and one on Wharton Street. The municipality is using the alternative approval process to determine public support for the two borrowing projects.
If both bylaws are approved, the total amount to be borrowed would be up to $6,058,550, to be repaid over a 25-year term.
In his Supreme Court document dated Feb. 10, Brad Besler, who filed the petition, stated the \bylaws are unreasonable and procedurally unfair because significant financial information was not disclosed to potential voters before or during the alternative approval process period.
“The district intentionally withheld significant financial information from potential voters before the AAP voting period began. Further, the district refused to issue a press release to notify potential voters during the AAP voting period about a previously undisclosed $2.1 million budget expense,” Besler’s document states.
The document also mentions the cost of work recently announced for the sewer treatment plant.
In late January, the municipality announced it was adjusting its sewer budget five-year capital plan after the cost of a project at the treatment plant was expected to cost significantly more than budgeted. The project, a primary clarifier upgrade, had been budgeted at a cost of $2,812,760, but the bids came in significantly higher, raising the cost to $5,143,250.
The municipality is deferring some projects as a result of this higher cost.
Besler said the costs involved with the sewer treatment plant work should have been made public through a news release.
He added that the two road upgrades currently going through the alternative approval project are not critical infrastructure for the municipality.
“Potential voters had a right to be informed about the cost of the new pump gallery before the AAP voting period started,” he said in his document.
At present, none of the claims have been proven in court.
