Arbitrator rules against city

Richard Rolke - Vernon Morning Star Published: February 09, 2010 7:00 PM

Greater Vernon’s water fight is in limbo. An arbitrator ruled late Monday that the City of Vernon cannot withdraw from only a portion of the regional water utility. The remaining options are for it to leave the entire function or for all of the partners to try and find a way to keep the service intact. “We will go back to the (community development) minster for direction,” said Leon Gous, chief administrative officer. “The minister is the one with the power to put an end to it.” In 2008, the city provided formal notice that it would withdraw from the water service for a number of reasons including a lack of co-ordination on capital projects and the belief customers are confused over the governance structure. Gous says the city’s direction shifted when the ministry indicated withdrawal from only distribution was possible and Vernon could remain involved with supply.

But arbitrator Brian Wallace, who has been overseeing the process, says partial withdrawal from a service is not possible. As a result, the city must decide if its original notice to leave the entire function still stands. “Council will have to decide where it goes but that’s an option,” said Gous. The other possibility is for all Greater Vernon jurisdictions to try and resolve outstanding concerns and to keep the utility together. “We’ve always been looking for some solutions,” said Mayor Wayne Lippert. “We’ve always been at the table and we’ve asked Coldstream and Areas B and C to do the same.”

Jim Garlick, Coldstream mayor, supports the arbitrator’s decision but admits he’s concerned Vernon will now try to leave the utility. “My hope is the province won’t let it. We are tied very closely together and we’ve received grants under the regional agreement,” he said. Garlick believes the dispute can be resolved by establishing a free-standing commission that has some authority separate from the North Okanagan Regional District. “I think it’s workable,” he said. Mike Macnabb, Area C director, believes the arbitrator’s ruling opens the door for all of the parties to get together. “Vernon has valid concerns that need to be addressed just like we all do,” he said. Macnabb denies he hasn’t responded to proposals put forward by the city, saying he opposed calls for all water issues to have a weighted vote based on the jurisdiction’s population. Areas B and C have also filed notice to withdraw from the function but Macnabb says that was so they were on an equal footing with the city and not to actually leave the service.