Open letter to Kelowna Mayor Tom Dyas and city councillors
Re: Public participation under Bill 44 made illegal, Oath of Kelowna councillors broken and the right of the public to address city council on community concerns not allowed.
I am writing on behalf of the Kelowna Citizens Safety Association to express our profound concerns regarding the limitations placed on the public’s ability to address city council during public meetings.
These restrictions severely undermine the principles of public participation in local governance and restrict our community’s ability to voice concerns and engage in meaningful dialogue about the future of Kelowna.
In many municipalities across British Columbia and Canada, residents are allowed to address their councils about general concerns, enhancing transparency and trust between (residents) and their (local) governments. However, Section 4.8 of Kelowna’s Procedural Bylaw 9200 restricts presentations to agenda-specific applications, and approval by the city clerk, thereby limiting public participation.
Bill 44 centralizes planning authority at the provincial level, significantly eroding local autonomy and raising serious questions about the accountability of projects driven by provincial priorities but implemented at the local level.
The Urban Development Institute has played a significant role in shaping Bill 44 and continues to influence Kelowna’s development policies through its ongoing dialogues with the city council and Ryan Smith, director of the planning department.
The Oath of Office for Kelowna city councilors states, in part:
"I shall…
• “Perform the duties of the office of (mayor)(councillor) faithfully and with integrity.
• “Always consider the well-being and interests of the community as a whole leading the development of a safe, vibrant, and sustainable City for Kelowna…"
In response to these concerns, we propose the following actions to ensure Kelowna’s governance mechanisms respond to the public's right to be heard by councillors elected by them.
1. Amend Procedural Bylaw 9200 to establish designated times during public meetings for residents to address general community concerns. We recommend introducing a monthly public session lasting a minimum of four hours to facilitate a broader exchange of views between the council and the public. We also recommend public meetings of council allow (residents) to present during the public meetings.
2. Let the provincial government know (the city) is not in favour of it being illegal for (residents) of this community to provide input on development projects that affect their neighbourhoods. It is time to reclaim control of our community and serve your (residents) with honour and integrity as per your oath.
3. Address the influence of private interests in local development decisions, particularly those driven by organizations such as the Urban Development Institute. It is crucial to examine who benefits from such rapid growth dictated by the provincial Housing Needs Report and how affordability and community well-being are being achieved under this egregious legislation.
4. Create a new community survey to determine what impacts residents are incurring as a result of eliminating single family zoning and densifying with multifamily zoning. Questions should include how (residents) are handling issues like affordability, increased traffic, lack of parking, pollution, congestion, crime and safety of persons, property and pets.
We encourage council to take our suggestions seriously and act promptly to restore and enhance public participation in the governance of Kelowna. We also encourage council to publicly oppose Bill 44, the Housing Statues (Residential Development) Amendment Act, which is contrary to both the principles stated in your oaths and the expectations of your constituents.
It is also contrary to effective public participation in how we grow our community together.
We look forward to your early response and are are eager to see meaningful improvements in the public being able to engage city council on issues of community concern and have a city council that fights for the rights of its’ (residents) and honours the oath its members swore to the (residents) of Kelowna.
Lloyd Manchester
President, Kelowna Citizens Safety Association