Richard Rolke - Vernon Morning Star Published: April 22, 2010 6:00 PM
One partner will be partially sitting on the sidelines during Greater Vernon’s water fight. A majority of the North Okanagan Regional District board voted Wednesday not to oppose the City of Vernon’s appeal of an arbitrator’s decision that it can’t withdraw from just part of the water utility. “It’s something they need to get done, and if we oppose it, it just keeps feeding the matter,” said Dee Wejr, Enderby director. As a result of the board’s decision Wednesday, NORD’s lawyer — who had recommended opposing the appeal — will be told not to take any action. “He won’t be putting in any briefs,” said Greg Betts, chief administrative officer. It will also be determined whether legal counsel attends the appeal hearing. “The answer will likely be there’s no point in attending,” said Betts.
The city had been seeking the ability to withdraw from water distribution but the arbitrator ruled that it’s not possible to partially withdraw from the service (which also includes supply). Wayne Lippert, Vernon director, says the appeal doesn’t preclude a facilitation process that has been launched by NORD as a way of resolving the dispute. “If discussions are moving forward, we can set that (court date) aside,” he said, adding that the city is just trying to keep its options open. “If we see something coming forward (from facilitation) that’s meaningful and binding, we’ll drop this appeal right away.” Support for NORD opposing the appeal primarily came from the other Greater Vernon jurisdictions. “We’re talking about Vernon’s right to appeal a decision made by an individual who is knowledgeable in the law and was agreeable to everyone involved,” said Doug Dirk, Coldstream director. The District of Coldstream will oppose the city’s appeal application.
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