Governance Committee Update

A condition in the feasibility study process that the Provincial Government funds necessitates that a community considering changes should manage their approach to governance in as inclusive a manner as possible. It’s important to avoid any costly duplications of services, functions and/or administration. To meet this objective in both deed and spirit  the NW Governance Committee approached Central Okanagan East as well as the Trepanier Area and Wilson’s Landing Fire Protection District (W.L.F.P.D.) and all areas unincorporated with an invite to do a Governance Study for every community within the RDCO electoral areas.

As a result of this our immediate neighbours to the south in the Wilson’s Landing Fire Protection District  were invited to join us at our Town Hall Meetings and encouraged to form their own Governance Committee.  They were also invited to participate in the Governance study with North Westside. The Shelters Cove to Traders Cove Communities represented by the Wilsons Landing Community Association have decided they do not wish to participate in a Governance Study for their communities as is their right.

As to the other regions within the electoral areas since the original discussions there has been little activity in the Central Okanagan East communities of Ellison and Joe Rich and Trepanier has no central community group to represent the wishes of their community.  I have relayed the W.L.F.P.D. decision and an update of the other communities status to the North Westside Governance Committee.

NW Governance Committee have recognized this decision not to participate by our neighbours and amended their Terms of Reference to reflect this decision.  The Governance Study request will now be confined specifically to the North Westside Fire Protection District.  The North Westside Governance committee have decided to pursue the Study and will be preparing a report and Terms of Reference  for the RDCO Board requesting a resolution in support of a Provincial Governance Study for the North Westside Fire Protection District.

Part of the Terms of Reference is a meeting with Minister Fassbender of the Ministry for Community,Sport and Culture at the upcoming UBCM (Union of BC Municipalities the premier local government conferences) to request the Governance Study and the funding that pays for the Study. A Board resolution of support is necessary for this meeting to achieve any tangible results. The UBCM conference is the end of September making time critical for a resolution of support from the RDCO Board for that meeting.

Just a little voting history here. There were less than 300 votes per election (advanced & general polling day) cast in the last three elections at the poll in Killiney Beach. In 2008 & 2011 elections there were less than 600 total votes cast we got 684 in 2014 but again less than 300 votes cast at the Killiney Beach poll from an electorate in Central Okanagan West of almost 10,000. The North Westside Governance Committee has currently over 550 signatures from a population of 1000-1200 residents from the North Westside Fire Protection District.

We can’t fail unless:

1. The Governance Study finds no suitable governance model for our community. Not likely the Ministry has assured me there is a model for every size and type of community; we are not unique. I suspect we will be a Rural Municipality rather than a District, Village or Township.
2. The incorporation study determines if incorporation of our community under the Governance Model determined by the Study is financially responsible. We are not a poor community and currently provide a substantial requisition to pay for all our existing services, a considerable share of the RDCO Administrative Overhead and many Regional services and functions. I suspect that we will be financially capable of self administration.
3. The referendum fails. 50% + 1 person vote no in the referendum and the initiative fails and we remain an electoral area. See polling numbers in the preceding paragraph.

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RECOMMENDATION:

1. THAT the RDCO Board resolve to support a governance study for the North Westside Fire Protection District an area within the Central Okanagan West Electoral Area of the RDCO;
2. AND THAT the RDCO Board request a meeting for the Regional Director with the Hon. Peter Fassbender, Minister of Community, Sport, and Cultural Development during the 2016 UBCM Convention to explain the Regional District’s intentions and to request a Planning Grant to help defray the cost of the study;
3. AND THAT the RDCO Board approve the proposed Terms of Reference for the Governance Study entitled: Preliminary Study and Analysis of Community Governance Issues in the North Westside Fire Protection District subject to any amendments required or suggested by the Ministry;
4. AND THAT, subject to receiving support from the Ministry, staff be directed to develop a work plan for the study, including budget, timeline, and a request for proposal for the Board’s consideration and approval.

SHORT SUMMARY:

The question of governance in the North Westside community has been important to area residents dating back to 2007 when Central Okanagan West first came into existence. Over the past decade, it has become apparent that representation over the local services, planning functions and taxes has left the electoral area with no autonomy in regards to the representation of these services and their levels on the RDCO Board. Unfortunately the unincorporated areas of Okanagan Westside did not participate in the West Kelowna incorporation process so no consideration was given to governance for what remained after that population block left regional district autonomy. That was an oversight by the Board and RDCO Administration of the day as this action has dramatically and negatively affected the ability of the electoral areas to make their voices heard. This electoral area represents <.5% of the population and faces a much slower growth rate from our regional municipal partners.

Ministry of Community, Sport, and Cultural Development and the local MLA representative have both been contacted by the EA Director on the topic of a governance study to cover the North Westside Fire Protection District area. Both Area Directors have indicated that it would be more appropriate to examine governance issues for the broader area and involve all communities within the electoral areas; this would also give an area population of around 5700 people which might be more viable than smaller incorporations within the EA. To date there has been no significant community activity in the EA’s with the exception of the North Westside District where two well attended Town Hall meetings have taken place, numerous Governance Committee Meetings, NWCA Executive and AGM’s, and a petition with in excess of 550 resident signatures requesting a Provincially Funded Governance Study. The North Westside presents a significantly higher degree of community than that of other sub division collectives within the unincorporated areas of RDCO.

The purpose of this report is to recommend that the RDCO Board undertake a governance study of the proposed area; the North Westside Fire Protection District and support the draft terms of reference that have been developed to guide the study process. The governance study is not to be confused with a full blown incorporation study. A governance study will provide a preliminary analysis of governance systems and will not include detailed technical or financial information on the impact of municipal incorporation. A Local Governance Study Committee, after the conclusion of the governance analysis, will recommend whether a more comprehensive incorporation study is warranted or whether the RDCO Board might want to consider other governance reforms.

BACKGROUND:

When West Kelowna incorporated in 2007 the residents of what was left of the Westside Electoral Areas went from three representatives on the Regional Board to one. Now the two elected members on the RDCO Board represented approximately 5700 as opposed to the previous four members prior to 2007 with a population of almost 40,000. This left the two electoral directors with the current governance framework that does not match or suit our existing jurisdictions. This allows the EA Directors no ability to represent the needs of their rural communities; on their own services and taxes. The appointed municipal members dominate the vote on EA local services and functions constantly outvoting the elected representatives for these areas although they neither contribute financially nor participate in these services. This has created dysfunction at the Board level for EA Representatives trying to provide policy and direction to our local services and frustration within the residents paying for said services.

The economic and social issues in the small community/sub division aspect of the rural electoral areas differ greatly from the more urban centers that comprise 99% of the RDCO population. This element alone demands a more community based governance model in the rural areas rather than the more impersonal big city “corporate” approach to doing business expected in the municipalities.

The North Westside Fire Protection District is comprised of many small sub division style communities with a variety of sizes, populations and service levels. The common factor is the rural lifestyle and a more limited provision of services due mainly to a larger lot size, terrain and surrounding geography. This provides these smaller and in many cases more isolated communities more in common with each other regardless of their separation than they have with their distant municipal partners. The North Westside Fire Protection District currently comprises:

• Three public water systems with approximately 600 connected,
• Three private water systems with approximately 400 – 500 connections
• Hundreds wells and lake sourced domestic home water supplies
• One Community operated septic sewage system – approximately 300 connected
• Two fire halls and a boat house with current required apparatus,
• One public and one private solid waste transfer sites.
• 6 Community Parks
• Planning Function – as Electoral Area
• OCP’s for the North Westside District
• Regional Growth Strategy for the North Westside District
• Sub-Division Development Bylaw

The Area Director received strong support from the various community organizations and during meetings. Those that attended the 2015 & 2016 Town Halls, both RDCO Public Information Meetings and follow-up meetings with the North Westside Governance Committee and residents have encouraged an in depth study of or taxation and service delivery model.

POLICY/LEGISLATION:

The legislative provisions relative to municipal incorporation are contained in Section 7 of the Local Government Act. The Local Government Structure Branch in the Ministry of Community, Sport, and Cultural Development provides advice on the incorporation and restructure. The Branch has prepared generic terms of reference to guide the governance study process. Draft terms of reference for a North Westside fire Protection District Governance Study are attached to this report as Appendix I. These terms of reference are based on the generic version prepared by the Ministry.

FINANCIAL:

The Governance Study process will involve retaining a qualified consultant to carry out the governance analysis and public engagement processes. It is recommended that the RDCO request a Planning Study grant from the Ministry to help defray the direct cost to the North Westside Fire Prevention District.

KEY ISSUES/CONCEPTS:

The reasons for proposing a Governance Study is due in large part to the sizeable population density and growth within the neighboring municipalities as opposed to the rural nature and lifestyle in the electoral areas that we wish to protect. This being said there is still a growing expectation for “urban type” services (i.e., sewer/septic upgrades, water, parks, recreation center, school, etc.) and public demands for more stringent land use controls.

Other reasons often cited by area residents – both pro and con – for looking at incorporation include:

1. Local Control

The idea of local control over the provision of public services, patterns of land use, and community character and identity is the basic reason that communities incorporate or attempt to do so. This may be a significant advantage of incorporation, assuming that there already exists a sense of community that includes some consensus as to community goals and some shared vision of future development. The absence of such a consensus may make it difficult to successfully incorporate.

2. . Local Accountability

Hand in hand with the idea of local control is the idea of local accountability of public officials and governmental bodies for their decisions. Where the residents of an unincorporated community may feel neglected or ignored by regional district officials, who serve a broader constituency, those of an incorporated municipality may believe they have more direct influence over their elected local officials.

3. . Provision of Services

A newly incorporated municipality may be in a better position to provide its own municipal services and provide those services more efficiently.

4. Land Use and Development

As noted above, the issue of local control prominently involves the ability of a community to govern its land use and development based upon its own goals and visions of community character.

5. Cost to Taxpayers

The estimated cost to taxpayers of a proposed incorporation is often a deciding factor in an incorporation effort. The specter of raised taxes has proven to be an effective weapon against some incorporation efforts. However, the actual cost to taxpayers of incorporating is very difficult to accurately forecast in advance and is dependent upon the individual circumstances of the area being considered for incorporation.

6. Community Identity

Clearly, incorporation of an area will result in a change in and a heightening of community identity by more explicitly defining the community by the boundaries of the incorporated area. Incorporation may serve to create an autonomous community identity separate from the larger unincorporated area or from surrounding cities. By establishing or enhancing community identity and creating greater local control over future identity, incorporation may stimulate increased community involvement and concern.

 

The reasons noted above for looking at incorporation will surely reflect certain sentiments in the community. However, the governance study process is not intended to promote a particular course of action. The guiding principles for the restructure process as outlined by the Ministry are as follows:

• the process for examining municipal restructure should be locally initiated and focused;
• the decision to restructure must be made by the electorate through a referendum;
• the vote should be made by an informed electorate; and
• all sectors of the community need to be involved in the discussion.

At the end of the day, any decision on governance arrangements is one for the residents of the area to make.

IMPLEMENTATION:

If the Board approves the recommendations contained in the report and the Provincial funding is secured, staff will develop a work plan to carry out the Governance Study in accordance with the proposed terms of reference.

COMMUNICATIONS:

A comprehensive communication and public engagement plan will be developed as part of the study process.

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