Council debates referendum question

Morningstar Oct 24

Coldstream voters will be heading to the polls sooner than expected.Despite suggestions that a referendum be held in conjunction with the November 2008 election, the district will be seeking the opinion of residents Dec. 15, 2007.Residents will be asked if they support council submitting an application to the Agricultural Land Commission for non-farm use at 9325 Aberdeen Road, for the purpose of a park/sports field.The 188-acre Coldstream Ranch lands, commonly known as the Spicer Block, are proposed to be partially developed with a sports complex. The 60-acre footprint includes: parking for 1,000 vehicles, four dog agility fields, two baseball fields for ages five to nine, a soccer/rugby field, one football/rugby/ultimate field, four soccer pitches (two with lights), six slo-pitch/fastball fields (two with lights) and a lit stadium with a track and football field plus room for a banquet hall, storage, offices, washrooms, change rooms and bleachers.

While these details are not written in stone, they are about the only pieces of information residents are being given about the project.Officials are not releasing cost estimates of the project, and that has several voters up in arms.“What informed consumer considers buying any item without first knowing the cost?” questioned resident Joyce Gershony at Monday’s council meeting.

Another resident, John Hegler, questioned Coun. Mary Malerby (who he referred to as Mrs. Mulberry) for changing her position from the initial Sept. 11 public meeting after seeing a petition of 2,500 with 686 Coldstream names signed in support of the project.“If this was passed at the Coldstream meeting and I came to you with a 1,000-signature petition, would you change your mind? Of course not,” said Hegler.Malerby defends her position, saying she felt she owed 686 Coldstream residents a voice.Council also debated the wording of the referendum question, which originally stated that this is a proposal for change of use, not removal from the Agricultural Land Reserve.

Coun. Bill Firman said essentially there is no difference, referring to the Coldstream Meadows application, which was still able to develop with non-farm use status, but just had conditions.“You’re trying to pretend that non-ALR use is any less intrusive than removing land from the ALR,” said Firman. “You’re saying ‘don’t worry about this, this is not a drastic event.’”Coun. Jim Garlick, agreed.“There’s no way that land will go back to agricultural use. You’re playing with words and if you’re going to play games that’s silly. Don’t do it,” said Garlick.“Because people don’t think too much anyway.”The Dec. 15 referendum date was set according to the Community Charter and Local Government Act, which states that a date must be set for other voting opportunities within 80 days of the resolution being passed by council. The decision to hold a referendum was passed at council’s Oct. 9 meeting, after Coun. Glen Taylor pushed those against the project to reconsider and look at the number of local residents for the project. A referendum costs anywhere from $7,000 to $10,000.

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Don Quixote Note: Vernon Council passed a resolution on Oct. 12 to go to a referendum on Jan 26 on the Library/Complex issue. The # of days between that resolution date and the referendum is 107 days. If the above section of the Charter is stated correctly then Vernon may have problems? Of course the actual question that will be posed has not been set and perhaps that resolution when passed will comfortably fit within the 80 day window?

Research update: LGA ACT

General voting day for other voting: Section 162 (b) in the case of a bylaw or other matter for which an alternative approval process was provided, not more than 80 days after the deadline for receiving elector responses under section 86 [alternative approval process] of the Community Charter;

(d) in the case of other bylaws, not more than 80 days after the day the bylaw receives third reading;
(e) in the case of another matter, not more than 80 days after adoption of the authorizing bylaw or resolution.

Don Quixote Opinion: (For what it is worth)

It appears that the Coldstream referendum is not constrained by a 80 day rule under (b) as it never was part of an alternative approval process but is under either one of 'd or e'.

Vernon would seem to fit this (b) criteria but the Question used in the original alternative process of 'long term financing of 20 million over 20 years" will be substantially changed. If the question is whether the actual project and location should proceed with a long term borrowing of 'x" dollars then this would be a new referendum question and the 80 day rule would apply starting from the day of the actual resolution. It appears that the resolution question must be set by Nov 8th or later for the Jan 26th 2008 referendum date to conform to the LGA regulations.

Lot of legal mumble jumble signifying nothing !