They are in every community - they participate, sacrifice, and smile. Some of them do what they do because it was simply what they were taught: If you can help, you must help. Some of them do it because they see a need and hope they can inspire others to start acting before complacency sets in. Still others are discovering the extent of their power to literally change the world.

These are the volunteers.

On Saturday, May 3, the Town of Oliver took time to look at a select few in our community who have been working behind the scenes, and in some cases not-so-behind-the-scenes. The Town’s executive assistant Linda Schultz said the occasion is one that has been longstanding in this community.

"The Spirit of Oliver has been going since 2005," she said. "Prior to that, it was the Good Citizen Award." The Good Citizen Award ceremony lapsed for several years, but was resurrected later as the Spirit of Oliver. In the new ceremonies, there are three different categories in which to be honoured.

"The three categories are community group, adult or couple, and individual youth," said Schultz.

A committee of volunteers asked the public to put forth nominations for each of the three categories.

"We advertise in the Chronicle and we ask people to send nominations in."

Town Councillor Pat Hampson also sits on the committee, but like Schultz, his role is more administrative. Neither makes any decisions on who is chosen for the Spirit of Oliver honours. Hampson said that while there are a lot of hardworking volunteers in Oliver, he wishes more of them would get the recognition they deserve. That’s just because they don’t get nominated.

"We didn’t get as much participation this year. We try to advertise as much as possible, but people have to read the paper," he said. As a result, the Spirit of Oliver committee is discussing more ways to bring in nominations in the years to come.

The committee itself is made of past honourees in either the Good Citizen or Spirit of Oliver ceremonies. They are: Shirley Murray, Pat Linton, Bob Ellis, and Ernie Dumais.

Dumais said the job of choosing who receives the acclimations wasn’t hard.

"I don’t think it was difficult. I think these are popular people and they make a difference in the community," he said.

He concurred with Hampson’s statement about there not being enough nominations.

"There’s a lot of groups that do work and we don’t hear from them. I think if everybody had submitted something, then it would have been a tougher job."

Dan Roberts and Mary Roberts were chosen for their combined efforts in attempting to make the community a safer, and more equal-opportunity place. Dan used to be a Scout leader, he sings with the Sage Valley Voices, he was on the John Oliver Committee, which was responsible for installing the statue of "Honest" John Oliver, the town’s founder and former Premier of BC on the lawn in front of Town Hall on Highway 97, and he is an active Kiwanis Club member as well.

His wife, Mary, is also a Kiwanis member, and active in the United Church among other things. Dan was awarded the Queen’s Medal for service to his community in 2003.

The couple is also active in the Oliver and Osoyoos Historical Society, and has been for many years.

"Dan and Mary can be seen together at all of the Kiwanis functions," said Hovanes, in summation.

As for the couple themselves, they are honoured by the mention, but they said they don’t think they’re really doing anything all that special.

"When you grow up with good work ethics, I think it’s quite easy to fall into it," Mary said. "It’s certainly an honour. When you know that there are some people out there in the community who are volunteering and you’re chosen to receive recognition, it’s a great honour."

The award for outstanding community group went to Chloe Brogan’s and Navjot Gill’s Youth Cares group. Mayor Ron Hovanes presented the group with a bundle of gifts, including movie passes and popcorn, and several words of encouragement for their efforts in the community.

"These young people truly represent what we want to see," said Hovanes. "We’re very proud of all of you. Congratulations."

Town Councillor Marji Basso spoke to the Chronicle on behalf of the Youth Cares group, which she assists in administrating as an adult, but she insists that the reason the group has done so well is because she has very little authority over them.

"The reason it works, and the reason it’s so successful, is because it’s youth run by youth," she said. "I try not to transfer any opinions that I have unless they ask me. They feel empowered."

Brogan said the reason she and Gill started the group, which places high school students in a kind of mentoring program with younger grade seven and eight students, was to fill a void she saw in the community.

"We noticed that not very many teenagers are interested in helping out," she said. "That’s why we wanted to start at a younger age and motivate them and show them simple ways, and easy ways that they can get involved."

Chloe Brogan’s volunteer efforts go beyond her involvement with the Youth Cares group – this young lady candy stripes at Oliver’s Southern Okanagan General Hospital, participates in a "reading to seniors" program at Heritage House, a local assisted living facility, is a member of World Neighbours, and contributes a column to the Oliver Chronicle, among other things.

"Chloe, we’re very proud of you. You are an incredible role model for your peers and for us as well," said Hovanes upon his presentation of a gift of flowers and a t-shirt for Brogan. Brogan said she was humbled by the tribute.

"It’s amazing, it’s so great to be able to represent my community," she said. "I guess I’m kind of inspired to keep going."

Navjot Gill was also honoured in this category for her volunteer efforts outside of Youth Cares, but couldn’t attend the luncheon, which was held at the Fairview Mountain Golf Club, because she was busy with another function – she’s a youth ambassador for Oliver and was representing the community in Summerland.

A lawsuit has been filed by Oliver’s John Micka, naming Mayor Ron Hovanes and Area C Director Allan Patton as two of 12 defendants.

A BC Supreme Court writ of summons and statement of claim, delivered by Micka to the Town Hall on Monday, April 28, also names the Oliver and District Community Economic Development Society (ODCEDS), its director, Les Lawther, and each of the eight ODCEDS board members.

It refers to them as the "Super-Man Team" and accuses them of not following non-profit society rules and disregarding the Local Government Act in the sale of Centennial RV Park.

And while the documents must be taken seriously – if those named in the suit do not respond they can lose by default – no one seems to be too worried about the claims.

"I am not even going to try to comprehend what he is asking for in his writ," said Mayor Ron Hovanes, adding the papers have been forwarded to the Town’s law firm, Lidstone Young and Anderson.

According to Municipal Manager Tom Szalay, the mayor’s costs will be covered by the Town. Under BC legislation, the municipality has the right to pay for those costs, if the legal issues are connected to the performance of duties.

Lidstone Young and Anderson charge anywhere between $150 and $200 per hour, said Town staff, and even if the defendants win and claim "costs," it doesn’t cover all of the expenses, just a portion.

"This is likely going to cost thousands of dollars," said Hovanes. "The colossal waste of money is a problem."

It’s also a bit unclear, in the documents, what Micka thinks the defendants did wrong.

"I do not understand what this action is for, or what he is asking for," Hovanes said.

The writ says the plaintiff (Micka) – is looking for punitive damages arising from wrongful and illegal conduct by the defendants that violated his constitutional and common law rights since the "Ides of March" (March 17.)

It also says the conduct of the defendants caused him damage and loss of reputation, opportunity, income, and social relations. He names their actions, in the (failed) sale of the Centennial RV Park land, as "excessive, abusive, malicious, and reprehensible, and merits an award of punitive damages."

Micka points to the "unwarranted and flawed public park sale contract process" as the foundation of his argument, and states the Centennial Park in the failed sales contract to Bellstar Hotels and Resorts was "intentionally undervalued."

Area C Director Allan Patton isn’t worried. For one thing, he said he doesn’t think the documents were legally "served." They were delivered, dropped off, or shared amongst the defendants, but not directly handed to each of them. However, he still plans to proceed through the legal channels, and all of the directors (as volunteers) will be covered for their legal costs.

Patton said this action is going to cost money in legal costs, staff time, and resources.

"That doesn’t make me too happy," he said. Patton has looked through the documents and can’t seem to understand Micka’s claims.

"I read all the information and I have no idea what he’s after," he said. "Nobody’s losing any sleep over this guy."

Jim Wyse, chair of ODCEDS, said he can’t comment on the situation, because he is waiting for legal advice, but he was surprised by the lawsuit.

"I think this guy has a history that speaks for itself," Wyse said.

Micka went to high school in Oliver, but spent time living on the Lower Mainland. In 2002, a decision was made by the Canadian Human Rights Tribunal against Micka, because of a website he created and maintained, equating homosexuality with pedophilia and bestiality. He was given an order to cease and desist, however, the website still exists with the offending content.

On May 10, 2006, the BC Supreme Court ordered that Micka be prohibited from appearing as a counsel or preparing documents for a fee. According to Brad Daisley, public relations manager for the Law Society of BC, that is because he was found to be charging for legal advice. His actions were regarding initiating litigation (including statements of claim), and representing people in legal negotiations. When the society contacted Micka to inform him that was illegal under the Legal Professions Act, he refused to agree to stop his actions, and a court order was made against him.

In January, 2007 Micka was one of five directors that registered a non-profit society, called "Machiavelli’s Benevolent Minster and Sanctuary." The links on Micka’s website indicate this is an organization with a constitution, bylaws, a doctrine and communion supper (performed annually on the birthday of Niccolò Machiavelli and again on the Ides of March).

The philosophy of the organization includes following principles from a book, called The Prince, written by Machiavelli, an Italian philosopher born on May 3, 1469. The Prince has been referred to as a guidebook on getting to, and preserving power.

Earlier this year, Micka presented a petition to Oliver Town Council with signatures fighting the sale of Centennial RV Park to Bellstar Hotels and Resorts.

According to Tom Johnston, from Summerland’s Johnston, Johnson and Company and former Summerland mayor, lawsuits like this aren’t uncommon.

"Most of them are quite frivilous," he said, adding the old saying that "You can’t fight City Hall" is pretty accurate. He said that to win such a lawsuit, you have to be able to prove actions taken, particularly by elected officials, were illegal – not just unpopular.

"They are elected and allowed to vote (on issues). It’s not legal, it’s policital."

A potential Oliver developer has decided to take matters into his own hands, and plans to take his proposal to the general public after Town Council enacted what he considers a "hostile rezoning."

Barry Kaplan, from the Lower Mainland, has been working on developing the Ford/Soder property, on the north boundary of Oliver, for the last two years.

On March 10, 2008, Council adopted a new bylaw to create a new zone. This zone, called RC Zone, is for Resort Commercial, and is intended to provide for resort commercial development with resort residential housing, operated by a strata corporation with a rental pool scheme.

They rezoned the property in question for Kaplan’s proposed development: More than 300 tourist-residential condominium units in six, four-storey buildings. The zone requires for a minimum amount of commercial space, and a minimum amount of resort amenities.

At the April 20 council meeting, municipal manager Tom Szalay gave a report to Council, outlining a new plan that was brought forward by the developer.

The new proposal is completely different.

"The developer, as far as I am concerned, has changed the goalposts," said Pat Hampson at the Council meeting.

Now, Kaplan has come forward with a proposal for a $40 million resort with 94 units plus a recreational facility and a commercial inn. He states there will be an average of about 80 per cent of the units that will be for rent at any one time.

But the units are each two bedrooms plus a den, and measuring approximately 1,560 square feet. Council members stated that sounds more like residential development than a tourist development, and while it may meet the new zoning, it’s not what they want at the site.

They amended the bylaw, to ensure the lands will be developed substantially in accordance with the plans submitted with the original rezoning application.

Kaplan’s not impressed. He thinks the Town is making a mistake, and is holding an open house.

"Come see what the staff of the Town of Oliver and the elected officials want to turn away," he stated. He is planning the open house at the Elks hall, on Thursday, May 8 from 5 p.m. to 10 p.m.

In 2007 in Penticton, Kaplan was the developer of the proposed Penticton Waterside Resort and Spa, planned for South Main. The height of the proposed development caused a significant amount of controversy, including two public hearings, one attracting approximately 300 people and lasting for three hours.

In January, 2007 an article appeared in a local newspaper saying Penticton City Council voted to approve Kaplan’s revised plan for the development. According to Penticton’s planning department staff, the project has "expired," and is no longer an active file. That likely means the developer did not proceed after getting the requested approvals.

Kaplan would not comment on that development.