Letter to Traverso - roads - May 12, 2011

Letter to Traverso - roads - May 12, 2011

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[sipoa] More on Saturna Road Issues [2 Attachments]


Sun, 15 May 2011 15:01:24 -0700


Saturna Island Property Owners Association <sipoa@saturnanet.net>






[ 2 Attachment(s) from Saturna Island Property Owners Association - linked below]

Dear Mr. Traverso:

As you might have heard from Mr. Duncan or from your regional office in Nanaimo, representatives of the Saturna Island Property Owners Association (SIPOA) have been trying to arrange a meeting with you now that you have assumed your new responsibilities. I write in my capacity as President of SIPOA.

An attached letter from Mr. Duncan is attached by way of background. In addition, a recent letter from Mr. Larry Page, QC to SIPOA is also attached, which will indicate our continuing and serious concerns.

We would very much to arrange a meeting with you as soon as possible.

Thank you in advance.

Murray Rankin



Dear Murray Rankin:
E > Re: Saturna Island Road Maintenance
I am writing in response to your letter addressed to the Minister of Transportation and
Infrastructure, regarding road maintenance on Satuma Island. Please accept my apologies for
the lateness of this reply.
Safety is the ministry's highest priority, and I appreciate the opportunity to review the
Saturna Island Property Owners Association's concems. I understand Area Manager
Chris Gordon has tried to contact you several times to arrange a site meeting to visit specific
areas identified in your letter. Although he has so far been unable to speak with you directly,
Mr. Gordon visited Saturna Island on March 4 to inspect the condition of area roads.
Ministry staff have also shared your feedback about potholes, surface erosion and other
maintenance issues with Mainroad Contracting Ltd. (Mainroad) and will continue to work with
them to ensure the necessary work is performed in timely manner and according to ministry
specifications. Mainroad has repaired the three potholes and installed several delineators on the
outside edge of the sharpest downhill curve along Harris Road to improve drivers' awareness of
the road's boundaries.
During 2009 and 2010, the ministry spent $3 million on paving a number of roads on
Satuma Island. While we recognize yovwould have liked to have seen all island roads #g
re-paved, this $3 million investment was the most that could be accommodated within the
ministry's program during the200912010 construction seasons based on available funding and
competing priorities. We will continue to allocate funds for paving work on Saturna Island in
the future, as priorities permit.
-{EFa' JilF.}
The Best Place on Earth
April 20, 2011
Murray Rankin, President
Saturna Island Property Owners Association
PO Box 127
Saturna BC VON 2Y0
Reference: 193099
Ministry of Transportation
and Infrastructure
Mailing Address:
Padiament Buildings
Victoria BC V8V 1X4
Office of the Minister
With respect to the possibility of making Harris Road a fully public right-of-way, I understand
ministry staff met with the Saturna Beach Strata Corporation in February and March of last
year. During these meetings, ministry staff described our requirements for making this road
public to Corporation representatives, and in October 2010, ministry staff re-confirmed these
requirements in a letter to the Islands Trust. Please find a copy of this letter enclosed.
To set up a meeting. please contact the new Operations Manager for southern Vancouver
Island, Mark Traverso. He can be reached at250 952-4515 or by e-mail at
Mark.Traverso@gov.bc.ca. Once we hear from you we will arrange a meeting with your
association, Mainroad and ministry staff to ensure your concerns have been addressed.
Thank you for taking the time to write.
Assistant Deputy Minister
Highways Department
Copy to: Honourable tslair Lekstrom
Minister of Transportation and Infrastructure
MLA, Peace River South
Munay Coell
MLA. SaanichNorth and the Islands
Mark Traverso, Operations Manager
South Coast Resion
The Best Place on Earrh
October 7,2010
File: 21050-40/Quarry Road
21050-40lHarris Road
Gary Richardson, lsland Planner
lslands Trust
-2na Floor, 1627 Forl. Street
Victoria, BC VBR 1HB
Dear Gary Richardson:
Re: Quarry Trail and Harris Road
Bob Webb asked me to foflow up on your recent email and your letter dated April 19'
2010. As there has been some confusion between issues and roads as they relate to
the Saturna Beach Strata Corporation, I hope to clarify the Ministry's position on each
Quarry Trail- Should be referred to as Quarry Road. Quarry Road goes between
Thompson Park at the west end and Jim Campbell's property at the east end' Quarry
Trail, as I understand, is the historic name for this route and beyond 1o_ Taylor Point.
There was an issue raised regarding the width at the western half of Quarry Road.
This section of was to be dedilated 40ft wide but believed not to have been done'
However, with some research, it was found that it was dedicated and is shown on the
Plan VIP 73279.
Harris Road - ls the road that connects Narvaez Bay Road to the start of the Strata
driveway. The Strata has requested that the Ministry accept road dedication under the
driveway. Different ideas weie discuss as to how to achieve this but, ultimately, the
following bullets must first be addressed by the Strata.
. The existing strata road does not meet our standards for grades or width;
. We do not have certification that the strata road was built to our standards;
e The road dedication being offered is not sufficient to encompass the slopes
above and below the drivewaY;
r There is section near the start of the strata road that appears to be private and
outside the area being offered for dedication.
Ivlinistry of
Transportation and
South Coast Region
Vancouver Island District
Saanich fuea Ofiice
Maiting Address:
240 - 4460 Chatterton WaY
Victoria BC V8X 5J2
Telephoner 250 952'451 5
Facsirnile: 250 952'4508
website: *rwv.th. gov.bc.ca
Name of addressee
Page 2
These bullets were previously and clearly discussed with the Strata in February of this
year and again in a meeting it lslanOs Tiust in March' To my knowledge, none of these
items have been addressed to date'
Harris Trail - ls the section of right-of-way that contains the foot path up the hill
connecting euarry Road and Hirris Road. There was some discussion about removing
tlris right-of_way riom the Ministry's inventory. Harris Trail is the only public land access
out of the subdivision and would remain unless the strata was able address the bullets
listed above.
Trueworthy Road - ls the road constructed between Thompson Park at the west end
and the National park at the east but continues as un-constructed right-of-way to Quarry
Road adjacent to Jim campbell's propedy. The winery has a fence encroaching a few
metres into the rigni-ot-;ay anU they'havb been advised as such' A compromise was
neing considereJand I have had some discussion with the Saturna lsland parks
commission with retard to building a walking trail between the winery and Mr'
Cimpbell's prope*f. I am not awlre of any proposals since made by the parks
Drummond Road - ls the road connecting Quarry Road and Trueworthy Ro.ad at the
west end adjacent to Thompson Park. I Jon't beiieve there have been any issued raise
with Drummond Road.
I hope that I have provided a clear summary of the issues around this subdivision'
Please advise our office if the LTC knows of other issues that have not been
Yours truly,
Michael GoodhelPsen
District DeveloPment Technician
Ministry of
and Infrastructurc
South Coast Region
Vancouver Island District
Saanich Area Offrce
Mailing Address:
240 - 446A Chatterton WaY
Victoria BC V8X 5i2
Teleohone: 250 952-4515
Facs'imile: 250 g 52- 4508
websitel wrvw.th.gov.bc.ca

Saturna Island Property Owners Association

P. O. Box 27, Saturna, British Columbia, V0N 2Y0




May 15, 2011



Letter received from Mr. Larry Page, QC in connection with Harris Road, Saturna Island, BC




I am writing to the SIPOA Board to provide information with respect to matters raised in the letters from MOT relative to Harris Road and the Harris Road extension.


As President of Saturna Beach Estates Ltd., owner of the Saturna Island Family Estate Winery, I have been dealing with these issues since 2000 in meetings and exchange of correspondence with SILTC and MOT.


Relevant dates and issues are:


  • May 15, 2000 . J. E. Anderson, Professional Engineers, prepared a report on the Harris Road Extension in which they expressed a professional opinion that “the road appears to have been constructed in accordance with acceptable standards” and “Under the Islands Trust Agreement the road would be classified as a Residential Rural Local Road”. A copy of the report is attached.


  • March 21, 2001. A site meeting was held with senior officials of MOT and SILTC, together with the writer representing the Winery and also the Saturna Strata Corporation. In this meeting the fact that MOT had previously received legal entitlement to all portions of the roadbed with the exception of the lower section connecting to Quarry Road was discussed. MOT agreed to receive an easement or R/W over such section to complete its legal entitlement to all portions of the roadbed.



  • October 15, 2008. A site meeting was held with the writer and Mr. Michael Goodhelpsen, District Development Technician of MOT. In this meeting, all prior issues relative to the road were discussed and specifically the agreement by MOT to receive a R/W over the lower portion of the road which runs through portions of Lot 32 (Winery land) and common property owned by the Strata corporation.


  • October 28, 2008. A letter was sent by L. Page to M. Goodhelpsen confirming matters and setting out the history of agreement with MOT. A copy of the letter is attached.



  • A Surveyor was hired to survey the proposed R/W and a preliminary plan was submitted to M. Goodhelpsen with no substantive response.


  • SILTrustees were requested to conclude matters with MOT at a senior level.



  • October 7,2010 M. Goodhelpsen wrote to Gary Richardson, Island Planner, Islands Trust in which he states:
    • The existing strata road does not meet our standards for grade or width
    • We do not have certification that the strata road was built to our standards
    • The road dedication being offered is not sufficient to encompass the slopes above and below the driveway
    • There is section near the start of the strata road that appears to be private and outside the area being offered for dedication.


I have asked SILTC and MOT on many occasions over the years from 2000 to conclude the agreement reached on March 21, 2001. During the period following the date of the agreement, I asked staff at MOT whether it would survey the residual 500 metres to be included in the R/W or whether it wished me to commission the survey. During that time I worked with MOT to survey a 40 foot dedication of a portion of Quarry Road running through portions of Lot 32 and concluded registration of this R/W. MOT remained unresponsive to my entreaties to conclude the Harris Road extension R/W.


My comments on Mr. Goodhelpsen’s views expressed in his letter of October 7, 2010 have been conveyed to the Saturna Strata Council with the request that they be discussed with officials of MOT. It appears from Mr. Duncan’s letter that senior officials of MOT remain unaware of the facts.


With reference to the issues of “grade, width and certification” MOT has been in possession of the Anderson Report since May 2000 and it formed the basis of the agreement of March 21, 2001 for MOT to receive a R/W over the lower portion of the Harris Road Extension to complete its legal entitlement of all portions of the roadbed.


With reference to the “slopes” issue, this was fully discussed on March 21, 2001 in the context that the Strata Corporation agreed to maintain the road


With reference to the “private” section of land at the start of the road Mr. Goodhelpsen has been consistently told by the Strata Corporation, that it could arrange for a R/W over such portion of the road bed.


I hope that this history will assist SIPOA in its continued discussions with MOT stressing these relevant issues:


  1. MOT agreed to receive a R/W because it already has legal entitlement and jurisdiction over the major portion of the Harris Road extension. It should not now fail to perform its agreement.


  1. The Harris Road extension meets Islands standards as a Residential Rural Local Road as certified by an independent professional engineer



  1. The Harris Road extension is used on a daily basis by the public to gain access to Thomson Park, the National Park, Saturna Winery (the largest industry on Saturna Island) and the Campbell farm


  1. A substantial realty tax is paid to the Province by residents of Saturna Beach with no reciprocal provision of services by the Province.



  1. Maintenance of Harris Road which provides access to the water supply at Money Lake and to the National Park should not be affected by, or subsumed into issues which MOT may have with the Harris Road extension.


Lawrence Page Q. C.