— Councillors commit to look for solution to noise —

(OSOYOOS TIMES — September 5, 2007) —

By Chad IngramrnOsoyoos Times

Tempers were revved up at a meeting held last week between residents of the Willow Crescent area, Town councillors and the owners of Rattlesnake Canyon.
Residents angry over the noise from the amusement park's go-carts demanded a solution from Council and walked away with a commitment that Council will continue to meet with the park's owners to look for some sort of agreement to reduce the noise.
Osoyoosites Fred Cawdell and Allan Chobotar, who were chosen to speak on behalf of the neighbours, chaired the meeting. They prefaced the meeting by stressing it was not meant to be confrontational, but productive.
We're not opposed to Rattlesnake Canyon, Chobotar said. We're opposed to the noise and pollution created by go-carts.
We would like to take our grandchildren to Rattlesnake Canyon, but we can't, said Cawdell, explaining that since 2003, when the carts were installed, he and other residents have been boycotting the amusement park.
Cawdell said residents were fed up and seeking a joint solution from Council and the park's owners once and for all.
Let's put this thing to bed, he said.
Cawdell said if a solution is not reached soon (Sept. 7 is the date he mentioned), residents will be forced to take other action.
The issue of noise pollution from the go-carts has been a contentious issue for more than four years.
In December of 2002 the former owners of Rattlesnake Canyon applied for a development permit to construct a go-cart track on the property. After a public hearing on March 3, 2003, Osoyoos Council granted the development permit and zoning changes on April 17.
The property is zoned for commercial use. The go-carts first hit the track in June 2003.
Complaints started right away, and on Sept. 8, 2003, Council suspended Rattlesnake Canyon's business licence for failing to comply with the Town's noise bylaw. When the owners ignored the suspension, the Town brought legal action against the park.
Rattlesnake's former owners argued that the bylaw was too vague and over-broad. The B.C. Supreme Court ruled in their favour on the second matter, essentially ruling the Town's noise bylaw invalid.
In 2004, an acoustics study was conducted on Rattlesnake Canyon. The result “ the former owners spent $125,000 on improvements and landscaping designed to decrease noise pollution, including a large wall around the go-cart track.
Still, complaints have persisted. Cawdell and Chobotar proposed Wednesday that Rattlesnake Canyon switch to electric go-carts, apparently quieter than gas-powered ones.
If we change the carts, you guys will complain about the music ¦ or something, said Trisha Mathiscyk, who owns the park with her husband. I guarantee it.
She and her husband, Paul Savage, took over Rattlesnake in the summer of last year.
Upon her arrival at the meeting, Mathiscyk made it clear to the room that she had not been informed about the event by its organizers, but rather was informed by a neighbour via telephone just a few hours prior.
While Cawdell maintained the issue stemmed solely from the go-carts, a resident who spoke a few minutes later highlighted concerns dealing with music and the sounds of raucous children.
See, this is exactly my point standing right there, Mathiscyk said.
While many of the attendees stressed their sole concern is with the go-carts, it was clear that some residents have other issues.
A lot of those people don't want us there, said Savage. It's not just the go-carts, they want us out. Savage pointed out that the go-carts are their main attraction and biggest source of revenue. He said gas-powered carts are attractive to many people because of the power they provide, and feels a transition to electric carts may not be possible for Rattlesnake Canyon at this time.
Mathiscyk added they are open to suggestions and have already been meeting with Council.
Members of Council, for their part, were observant, listening to residents' concerns and answering technical questions dealing with bylaws and related issues.
So, if they change to electric cars, there will be no more complaints, period? Councillor Allan Carswell asked the room. There will no complaints next year? I just want to make sure we're all on the same page.rnThe reaction from attendees was a mix of yeses and undecided silence.
Councillor Stu Wells was adamant about finding a solution, and finding it quickly.
I think it's a good time for a fresh approach to this issue, Wells said. I don't think you want a heavy-handed solution from the Town. Everyone needs to come together, get into smaller groups and see if this can be addressed.
Wells added that he, other councillors and Town Hall have been inundated with phone calls regarding the issue.
You came here looking for a commitment, and tonight you've got it, Mayor John Slater told Cawdell. We will continue to talk to the owners, as we have been, in hopes of finding a solution.rnSlater added that Rattlesnake Canyon is a popular business, valuable to Osoyoos.
We sure don't want to shut them down, Slater said.
The meeting was held at the the Best Western's conference room.
The current noise bylaw directs that the park be shut down at 11 p.m. each evening and with few exceptions, the owners have followed it.
Rattlesnake Canyon opens on the May long weekend and closes shortly after Labour Day.