“Given that purpose, it seems reasonable to construe the phrase “water matters” as referring to the types of functions previously performed by S.O.L.I.D (rural irrigation district), as opposed to any function whatsoever that has any relation, however tangential or indirect, to the Town‘s water service.”
Press the link to read every word.
Confidential – Secret In-camera document
*** From that letter came a process (a motion) released in a regular public meeting in late September***
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I, Jack Bennest, citizen of Oliver and former member of Oliver Town Council request that Mayor Ron Hovanes “require council to reconsider a matter” at its next meeting October 15, 2018
- Legal opinion from Town’s Lawyer – noted above
- Motion made in-camera – noted above
- To do so in a regular and public meeting
***
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Assertions:
I am not a lawyer but quite familiar with legal opinions and “water matters” after serving 18 years on Town Council.
- This legal opinion should not have been dealt with “in-camera”. It had nothing to do with land, labour, compensation, human resources, discipline etc. – it was a procedural matter – a policy, an understanding
- Obtaining a legal opinion on a policy matter connected to “water matters” without consulting elected water councillors was wrong and vindicative
- This legal opinion and its cost cannot be charged against the water fund
- Present incumbents should be allowed to seek legal advice – another and separate opinion from a lawyer – on the methods of staff and regular council behind the back of said water councillors.
- Council should read the legal opinion again – the water utility and budget would have to be separated ( A. and B.) so that only services of the former water district can be voted on by water councillors – not ALL water matters.
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From: Pat Hampson October 1st
After reading the 5 page legal opinion and noting all the “may result in” comments, I still believe this matter was a stone which did not require ‘turning over’. The only potential challenge which I could imagine being manifested would be one where the Town made a development decision ‘In Camera’ and as result there was a significant loss. All regular and committee meetings are recorded; all past decisions made, occurred with Water Councillors in attendance. The remote possibility of a developer attempting to make a case based on dredging up the transition from SOLID, could be defended by ‘past practice’ and recordings of meetings. It is a ‘stretch’ to state that the mere presence of Water Councillors might lead to them ‘influencing’ the rest of Council. If our Councillors individually lack the ability to vote independently of two Water Councillors who have no vote then we have a “sorry” state of affairs.
Former Mayor – Town of Oliver
From: Hart Buckendahl October 2nd
I read with disbelief the article about council not allowing the water aldermen to be present at council meetings as in the past.
Over the years I have refrained from any comments or interference in council matters even though politics gets into your blood and at times you itch wishing you were still there. Around 1989 council asked for support from the provincial government to get grants to bring sewer and water to the Rockcliffe and Tuc-el-nuit areas. As a result SOLID was dissolved and two water aldermen became part of council to represent the rural and Oliver community in any matters that had to do with water.
Since the inception of the new structure the water aldermen (whom I believe have never changed in those 28 years) have shared the council table with the Aldermen and Mayor for the town of Oliver. In my years on council and in future years there has never been an issue and more often then not there is a benefit to have the input that represents the broad community.
Why in the world would we mess with something that works.
If the lawyer says that the present structure is not correct and there is a benefit for the two members to be present to see the big picture to help make decisions then possibly we should change the rules. Giving them the boot from the council table after 28 years is a slap in the face and totally unnecessary.
If another lawyer was asked for an opinion with the expression from the writer that you want the answer that water aldermen can be present I am sure there is a way to make that work. After all these years of working together in harmony with the rural area, town and First Nations and having great results with growth in all areas why would we want to change a good thing.
This is a step backwards and certainly not showing good faith in working as a single team. You certainly would not see this kind of thing happen in private industry. Let us hope this can have a second look before it is too late. There will be consequences.
Former Mayor – Town of Oliver
From: Ron Casorso October 3rd
I always found having the rural input made for making better decisions. It would also be very tough to completely separate water issues . If it works and everyone is happy then as you say ask the lawyer how we keep doing it.
Former Town Councillor
From Bill Ross October 4th
This is a wrong decision by Mayor and Council I think this is just the tip of the ice berg. If council’s lawyers say they can only attend meetings concerning water matters and only vote on water matters, when water matters are brought up and the vote happens “lets face it the water councilors only have 2 votes so if council wants to take over the water matters they out vote the water councilors 5 to 2. I agree that having the water councilors at full meetings, the water councillors get to see the whole picture, it is Oliver and District.
Former Town Councillor – former Manager SO Land and Irrigation District
From Jack Bennest October 12
At the RDOS board table – Municipal directors cannot vote on items deemed for Rural Directors only. They are not told to go home, leave the room or move to the public gallery. It is a relationship at the Board table. Why are the rules changing in Oliver? Sorry folks but this is really stupid.
Former Town Councillor
From: Rick Machial
A sad day for Oliver
Incumbent Water Councillor
From Andre Miller
I was handed a sealed envelope. A decision had been made behind our back.
Incumbent Water Councillor