Rail referendum a go

UPDATE MARCH 4:

Lake Country has made it official. The municipality will go to referendum to seek approval to borrow up to $2.615 million to fund the purchase of a 50 per cent share of the defunct 16 kilometre CN Rail corridor which runs through the municipality.

Council approved the move Tuesday night.

Voting will be held Saturday, April 25 with advance voting opportunities April 15, 16, 17, 20 and 21.

"It is crucial for all residents to come out to vote, to ensure they have their say in shaping our community's future and to be informed in making that decision," said Mayor James Baker.

The referendum was made necessary after slightly more than the required 10 per cent of eligible voters said no to the borrowing bylaw during an Alternative Approval Process.

The municipal partners involved in the sale have until June 1 to get the financing together for the purchase of the nearly 50 kilometre long rail line which runs between Kelowna and Coldstream.

"The end of the due diligence period on the negotiated sales and purchase agreement with CN is March 31, but the closing date is June 1," says Michael Mercer, Lake Country's head negotiator.

"We will be working with CN in the coming days on any agreement amendments that may be necessary to accommodate the referendum. To date CN has been very understanding of our challenge and iw working with us."

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It appears Lake County is indeed going ahead with a referendum on the Okanagan rail corridor.

The district has updated Tuesday's council agenda to include a report that recommends initiating the vote, which would decide whether or not the municipality can borrow up to $2.615 million to fund the purchase of 16 kilometres of rail line.

The report also recommends that the vote be held April 25, with suggested phrasing of the question as: 

“Are you in favour of the District of Lake Country adopting Loan Authorization Bylaw (Okanagan Rail Corridor) 906, 2014 to authorize the borrowing of up to Two Million Six Hundred and Fifteen Thousand Dollars ($2,615,000) to fund the purchase of a 50% share of 16 kilometres of the Okanagan Rail Corridor within District boundaries?”

After an alternative approval process garnered the required 10 per cent of signatures needed to quash the original borrowing bylaw, the municipality was left to decide whether to hold a referendum or scrap the idea.

Lake Country officials say a referendum could be held in time to allow for the sale to go through. The subject removal date is March 31, however, the close of sale is June 1.

It’s expected the referendum will cost about $10,000 – that figure is based on the 2014 provincial election budget of $16,000. The money would come from the council contingency fund.

Advance voting will be available Wednesday, April 15 and Tuesday, April 21 at the Municipal Hall. General voting will take place at George Elliot Secondary School.

The referendum is open to all qualified resident and non-resident property electors within the District of Lake Country boundaries, and follows much the same formula as provincial elections.

All Lake Country residents are required to register at the time of voting by providing 2 pieces of ID that prove identity and residency, at least one with a signature (picture ID is not necessary) and sign a declaration.

In order to qualify as a resident elector a person must:

• be 18 years of age or older on general voting day;
• be a Canadian citizen;
• be a resident* of BC for at least 6 months before general voting day;
• be a resident* of the District of Lake Country for at least 30 days before general voting day;
• not be disqualified from voting in an election.

Non-resident property electors must meet the following qualifications:

• not be entitled to vote as a resident of Lake Country;
• be 18 years of age or older on general voting day;
• be a Canadian citizen;
• be a resident* of BC for at least 6 months before general voting day;
• be a registered owner of real property in Lake Country for at least 30 days before general voting day;
• not be disqualified from voting in an election;
• may only register for one piece of property;
• only one person per piece of property;
• cannot have a numbered company or corporation on title;
• must provide written consent from other people on title.

Rules for determining residency pursuant to section 52 of the Local Government Act:

• A person is a resident of the area where the person lives and to which, whenever absent, the person
• intends to return;
• A person may be a resident of only one area at a time;
• A person does not change the area in which the person is a resident until the person has a new area in
• which they are a resident;
• A person does not cease being a resident of an area by leaving the area for temporary purposes only;
• Students attending an educational institution away from the area where they are a usual resident may
• choose either the usual area or the new area, but not both.

Information on mail ballot voting will be available on the district’s website Monday, March 9.