Terms of Referance

It was the hope of the Area Director and the North Westside Governance Committee to vet this document through and with the help of the RDCO Administration and Staff. Several times between August 22 and the September 19 meetings I made this request to the Board and this request was ignored. The CAO sent the document as is to the Ministry despite my requests so I have produced the “draft” copy for public consumption as this is what the Minister saw.

RECOMMENDATION:

1. THAT the Board resolve to support a governance study for the North Westside Fire Protection District of Central Okanagan West Electoral Area within the Regional District of the Central Okanagan;
2. AND THAT the RDCO Board request a meeting 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; DONE
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 Central Okanagan West Electoral Areas 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. Over the past decade, it has become apparent that representation over local services, planning functions and taxes has left the electoral areas with no autonomy in regards to their representation 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 was left after that population block left regional district autonomy. That was an oversight by the Board of the day as this action dramatically and negatively affected the ability of the electoral areas to make their voices heard when they represent <2% of the population and a much slower growth rate from our adjacent municipalities.

Ministry of Community, Sport, and Cultural Development have been contacted by both EA Directors on the topic of a governance study to cover both unincorporated electoral areas. 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, particularly in view of the fact that both have little or no industry or commercial operations. This would also give an area population of around 5700 people which might be more viable than smaller incorporations within the EA, which would negatively affect the taxes of those left to pay.

The purpose of this report is to recommend that the RDCO Board undertake a governance study of the North Westside Fire Protection Area and draft terms of reference have been developed to guide the study process. Expansion of this study would be at the discretion of the Minister and his Ministry Staff. A 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 (i.e., combining the two Electoral Areas into one or smaller more targeted incorporations/amalgamations within the overall EA areas).

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. This left two elected members on the RDCO Board representing approximately 5700 as opposed to the previous four members with a population of almost 40,000. These two electoral directors, within the current governance framework, allows the EA Directors no ability to represent the needs of their rural communities; on what is our 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.

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 98% of the RDCO. This element alone demands a more community based governance model rather than the impersonal big city “corporate” approach to doing business.

The two electoral areas are comprised of many communities and a variety of sizes and populations 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 sometimes adjacent municipal neighbours. The two EA’s currently support:

• six water systems with hundreds of connections,
• four fire departments with six halls, 20+ apparatus,
• Two solid waste transfer sites & hundreds on regional curb side pick-up
• 12+ Community Parks
• $XXX,XXX.XX EA Planning Function
• OCP’s for both EA’s
• Regional Growth Strategy
• Sub-Division Development Bylaw

. If the Ministry of Community, Sport & Culture is contemplating a governance study for the area, there could be real value in considering matters such as:

• the economic and social issues facing the area;
• the current governance framework
• the commonalities between communities;
• and the opportunities for different forms of change (whether service enhancements, electoral area boundary configurations, or municipal incorporation)…
• The Area Director for Central Okanagan West has received strong support from the various community organizations that participated at the initial Town Hall meeting in 2015 and a follow-up meeting held in  2016 to discuss next steps.
• One of the tasks for the Committee at this follow-up meeting was to agree on the most logical boundaries for a governance study that being the North Westside Fire Protection District.

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 an RDCO Electoral Area Governance Study are attached to this report as Appendix II. 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 Regional Districts Electoral Areas.

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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Terms of Reference

Preliminary Study and Analysis of Community Governance Issues

North Westside Fire Protection District

July 18, 2016

Overview

The purpose of the study is to review and consider methods of improvement of local governance in The North Westside Fire Protection District Area of the Regional District of Central Okanagan (RDCO). The study will illustrate the manner in which communities in The North Westside Fire Protection District receive or participate in:

• governance of the community,
• services and other things that are necessary or desirable for all or part of the community,
• stewardship of the public assets of the community, and
• fostering the economic, social and environmental well‐being of the community.

The study will include research to describe these facets of local government in The North Westside Fire Protection District, public engagement to discern both the issues that are of greatest concern to communities in the N.W.F.P.D. and how those communities envision future governance and service outcomes, and analysis to identify options, within the regional district framework, for addressing the most pressing interests of the communities.

Governance Study Process

The management and oversight of the governance study process rests with a local governance committee. The committee members are nominated by the Electoral Area Director with oversight by the Ministry of Community, Sport & Culture and ultimately appointed by the RDCO Board.

Once established, the governance committee will advise the Regional District on the selection of a qualified consultant, providing direction to the consultant on the research, education, and analytical elements of the study work, and engaging the community in discussion of the study findings.

Working with RDCO staff, the committee will develop a request for proposals (RFP) for the consultant that builds upon the parameters set out in these terms of reference. The RFP will be issued by the RDCO, following its procurement policies and process. In supervising the consultant and managing the overall study process, the committee is responsible for ensuring that the study reports completed by the consultants meet the requirements outlined in the RFP and these terms of reference.

The North Westside study process is to include:

• a preliminary governance report, presenting the initial research and analysis on the current state of governance, services, asset management, and community well‐being;

• a public engagement and stakeholder consultation process, utilizing the contents of the preliminary report to drive issues identification; and

• a final governance report, providing a synopsis of the current‐state findings, a summary of the public engagement outcomes, and any supplementary synthesis, research and analysis that supports an assessment of options to address community interests identified in the public engagement process.

Following completion of the study, the committee will convey the study findings to the Board of the Regional District of the Central Okanagan. The committee will also forward a copy to the Minister of Community, Sport and Cultural Development.

Governance Study Area

The governance study area encompasses all of The North Westside Fire Protection District, including the communities of Westshore Estates, Wainman Cove,Killiney Beach, Forest House, Aspen Shores, Summersands, Estamont, Ewings Landing, Muirallen, Valley of the Sun, Shalal Rd, Fintry Delta, Upper Fintry, La Casa, Nahun & Caesar’s Landing.

The adjacent communities within the Wilson’s Landing Fire Protection District have been invited to participate in the Study and their Governance Committee on behalf of their community have declined to join in the study.

Governance Study Timeline

The study must be completed and delivered no later than January 31, 2017.

The committee will establish time lines for the study in discussion with MCSCD staff and the study consultant. MCSCD staff will have the opportunity to review drafts and to provide comments prior to completion of the final study.

Public Engagement

The committee should determine how best to engage with the public and other stakeholders directly affected in the governance study process.

It is important to establish and communicate parameters for public participation so that residents and property owners understand the opportunities to participate in the governance study. The committee may wish to have the study consultant assist in finalizing the public engagement process.

The public engagement strategy should include:

• a communication plan for reporting out to the public on the study progress;
• one or more community meetings or other community engagement events to present information to the public and to seek community feedback; and
• a process to gather information from the public on subjects such as community issues.

Governance Committee

The committee guides the study process to ensure that the study and engagement with the community are neutral and balanced. The composition of the volunteer committee should be broadly representative of the various interests in the study area. The committee will ideally have between 7 and 12 members, including the Electoral Area Directors in a non‐voting capacity. The RDCO Board will select a chair from among the committee membership.

The committee is an objective fact‐finding body; individual members of the committee should ensure that any expression of their personal opinions do not detract from the ability of the committee to function as a neutral and credible conduit for information to the community. Committee meetings are open to the public.

Governance Study Contents

1. Overview of community characteristics and socio‐economic profile, including descriptions of:
   1. history, overall and for each community or settlement node;
   2. population trends, both historic and forecasted, by community if possible;
   3. housing stock, household and dwelling characteristics across the study area;
   4. tax base trends, by individual tax class and with respect to the mix of tax classes;
   5. economic characteristics and growth trend indicators; and,
   6. connectedness between the communities or settlement nodes.
2. Overview of the rural governance system, including explanation of the:
   1. federated nature of regional districts, their three central roles, and the financial obligations of a regional district member (both electoral area and municipal).
   2. powers, responsibilities, and functions of improvement districts and regional districts.
   3. tax assessment system in BC and taxation in unincorporated jurisdictions, highlighting differences among relevant property tax classes and responsibilities for setting tax rates.
   4. mechanisms available (under statute and common practice) for community participation in decision‐making by regional districts and improvement districts.
3. . Description of governance, services, and asset management in The North Westside Fire Protection District, including the:
   1. provision of services with reference to each of the major service providers (regional district, improvement districts, and the Province), including representative structure, service geography and methods of cost recovery.
   2. decision‐making processes and procedures of the service providers, in relation to the services and other matters.
   3. relationship between different service providers (e.g. where water service is provided by one entity and sewer or fire protection by another), how those linkages are functionally managed, and how the service providers identify common interests and communicate;
   4. level of cooperation/collaboration among governing bodies of service providers, with reference to their relative roles and responsibilities.
   5. the use of commissions and their effectiveness in The North Westside Fire Protection District, including but not limited to, Advisory Planning Commissions, Recreation Commissions, Recreation Societies, etc.
   6. variations in governance and/or service features and levels across different sub‐areas of The North Westside Fire Protection District, and complexities or benefits that arise.
4. Synopsis of public engagement, including:
   1. summary of the public engagement activities undertaken.
   2. report on results of stakeholder consultation meetings.
   3. summary of community issues raised.
5. Conclusions on future community needs, including an analysis of the opportunities for local service providers to address issues or meet needs.
6. Appendices
   1. Copies of public engagement materials.
   2. Copies of foundational documents (e.g. Terms of Reference, Request for Proposals, etc.).

Out of Scope

 The focus of this governance study is the governance and service situation and options for improvement in the context of a regional district electoral area. A governance study should not be confused with an incorporation study, and speculative information about municipal incorporation is out of scope for this project.

Administration of the Study

 The consultant shall report directly to the committee, and disbursements will be provided by the RDCO.

The total funding available for the governance study will be determined by the RDCO. The Ministry’s financial commitment to the governance study is ($50,000 for similar studies).