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Alternative Approval Process 

About the Alternative Approval Process

Under the Community Charter, local governments such as the District of Summerland may use an Alternative Approval Process (AAP) to directly engage citizens about a proposed bylaw or other matter requiring elector approval. An AAP can be used for various initiatives to undertake long-term borrowing, a boundary extension, to establish a new regional district service, or other matter requiring approval of the electorate.  

How an AAP Works 

A staff report is provided to Council that describes the plan for conducting the AAP. It includes key information about the proposed elector approval process to ensure elected officials fully understand the implications of using an AAP to obtain approval. The report also provides staff with an opportunity to plan the process to conduct the potential AAP.

Elector response forms are made available at Municipal Hall and on the District's website (see below). Signed forms received after the deadline has passed cannot be counted. If 10 per cent or more of the total number of eligible electors sign and submit response forms, local governments cannot proceed with the proposed matter without first holding an assent vote (i.e. referendum).

Alternative Approval Process Listings

1. Alternative Approval Process: Prairie Valley Road Upgrade

At the January 16, 2024 Regular Council meeting, Council gave first three readings to Loan Authorization (Prairie Valley Road Upgrade) Bylaw 2024-004. The purpose to of the bylaw is to borrow an amount not to exceed the sum of two million, five hundred thousand dollars ($2,500,000.00) to finance the cost of the Prairie Valley Road Upgrades that will be repaid over a period not exceeding twenty (20) years.

Loan Authorization (Prairie Valley Road Upgrades) Bylaw No. 2024-004

The components of the Prairie Valley Road Upgrades project include: 

Roadway Reconstruction & Pathway / Shoulder Bike Lanes:
The District’s Transportation Master Plan identifies Prairie Valley Road as a collector roadway therefore the travel lanes have been widened to at least 3.3m. Additionally, the District’s Cycling Master Plan recommends the extension of the separated pathway from Cartwright Ave to Morrow Ave. 

Drainage Improvements:
Numerous areas along Prairie Valley Road are deficient in existing drainage infrastructure and improvements are needed to collect and discharge road drainage along this section of road. 

Watermain Replacement:
This component of the project will include the replacement of the cast iron watermains along the corridor, as these pipes were installed in the 1930s.  New watermains will be installed, abandoning or removing the existing watermains in place.

Utilities
Numerous power poles exist along this route, and some will require relocation or placement of utilities underground due to conflict with the proposed road cross section.

The estimated cost of roadway reconstruction, multiuse pathway and drainage improvements portion of the project is $2,500,000.00 and is to be recovered through a property tax rate increase (this portion of the project is subject to an AAP). The estimated cost of watermain replacement and water system separation is $815,000.00 and is to be recovered through the water capital reserve.

The general fund portion of the Prairie Valley Road Upgrades project is budgeted at $2,500,000 and is to be recovered over a 20-year amortization period. Until the Municipal Finance Authority (MFA) goes to market, the actual interest rate can only be estimated. As such, the interest rate used in estimating annual loan repayments was 4.51% (based on MFA’s 20-year indicative rate as of December 5, 2023).

The estimated cost to property owners will be approximately $34.60 per year.

AAP Schedule 

The following schedule is proposed for the conduct of this Alternative Approval Process:

  • Thursday, February 29, 2024 - Publication of First Notice in a newspaper
  • Thursday, March 7, 2024 - Publication of Second Notice in a newspaper (AAP begins)
  • Tuesday, April 9, 2024 at 5:00 PM - Deadline for submitting Elector Response form
  • Thursday, April 11, 2024 - Corporate Officer report results of Alternative Approval Process at a Special Meeting

The AAP for Loan Authorization (Prairie Valley Road Upgrades) Bylaw 2024-004 will begin on March 7, 2024 with the publishing of the first notice in the newspaper. Council may proceed with the adoption of Bylaw 2024-004 unless by 5:00 PM on Tuesday, April 9, 2024, at least 10% of the electors submit a signed Elector Response Form for Bylaw 2024-004 indicating that Council must obtain assent of the electors by a referendum vote before proceeding with the adoption of Bylaw 2024-004.

For the purpose of the Alternative Approval Process, Council has determined there are 10,130 electors in the District of Summerland. The municipal Council may therefore proceed with the adoption of Bylaw 2024-004 on an individual basis unless at least 1,013 electors (10%) submit a completed copy of an Elector Response Form for the proposed Bylaw to the District of Summerland before the deadline of 5:00 PM on Tuesday, April 9, 2024.


2. Alternative Approval Process: Wastewater Treatment Plant Upgrade (Primary Clarifier)

At the January 16, 2024 Regular Council meeting, Council gave first three readings to Loan Authorization (Prairie Valley Road Upgrade) Bylaw 2024-004. The purpose to of the bylaw is to borrow an amount not to exceed the sum of two million, five hundred thousand dollars ($2,500,000.00) to finance the cost of the Prairie Valley Road Upgrades that will be repaid over a period not exceeding twenty (20) years.

Loan Authorization (Wastewater Treatment Plant Upgrades - Primary Clarifier) Bylaw 2024-005

Regulatory Requirements and Capacity Expansion:
As part of an amended to the 2019 Facility Plan, it was identified that the Wastewater Treatment Plant (WWTP) did not meet reliability requirements outlined in the British Columbia Municipal Wastewater Regulation (MWR). The MWR requires that for primary sedimentation treatment processes, a minimum of two Primary Clarifiers are required with each being capable of treating 50% of the design flow.

Currently, the District only has a single primary clarifier. In addition to this, the existing primary clarifier mechanism is at end of life and needs to be taken offline for refurbishment. In order for this to occur, a second clarifier is required. If the existing primary clarifier fails or is taken offline for these repairs without a redundant clarifier, there is very high likelihood that the effluent leaving the WWTP will not comply with the effluent requirements of our Operating Certificate.

In addition to the above, the addition of a second Primary Clarifier will increase the primary sedimentation treatment capacity by 100% and contribute to overall plant capacity increase by including influent routing improvements. This Primary Clarifier project will be followed by expansion to the bio reactor, planned for 2027, further increasing the plant capacity.

Based on the wastewater treatment process modelling, reliability, and cost information provided to the District, it has been recommended that the District proceed with the design and construction of the second primary clarifier as soon as practical. 

The estimated cost of this project is $2,732,000. This includes earthworks, concrete works, pipe works, electrical and instrumentation, equipment installations, and commissioning.

The full cost of the Wastewater Treatment Plant Primary Clarifier project is budgeted at $2,732,000.  During 2024 budget discussions Council resolved to utilize $1,500,000 of capital reserves to lower the cost of borrowing down to $1,232,000.  This revised borrowing amount is to be recovered over a 20-year amortization period. Until the Municipal Finance Authority (MFA) goes to market, the actual interest rate can only be estimated. As such, the interest rate used in estimating annual loan repayments was 4.51% (based on MFA’s 20-year indicative rate as of December 5, 2023).

The estimated cost to users will be approximately $24.94 per year.

AAP Schedule 

The following schedule is proposed for the conduct of this Alternative Approval Process:

  • Thursday, February 29, 2024 - Publication of First Notice in a newspaper
  • Thursday, March 7, 2024 - Publication of Second Notice in a newspaper (AAP begins)
  • Tuesday, April 9, 2024 at 5:00 PM - Deadline for submitting Elector Response form
  • Thursday, April 11, 2024 - Corporate Officer report results of Alternative Approval Process at a Special Meeting

The AAP for Loan Authorization (Prairie Valley Road Upgrades) Bylaw 2024-004 will begin on March 7, 2024 with the publishing of the first notice in the newspaper. Council may proceed with the adoption of Bylaw 2024-005 unless by 5:00 PM on Tuesday, April 9, 2024, at least 10% of the electors submit a signed Elector Response Form for Bylaw 2024-005 indicating that Council must obtain assent of the electors by a referendum vote before proceeding with the adoption of Bylaw 2024-005.

For the purpose of the Alternative Approval Process, Council has determined there are 10,130 electors in the District of Summerland. The municipal Council may therefore proceed with the adoption of Bylaw 2024-005 on an individual basis unless at least 1,013 electors (10%) submit a completed copy of an Elector Response Form for the proposed Bylaw to the District of Summerland before the deadline of 5:00 PM on Tuesday, April 9, 2024.

Applicable Area & Elector Eligibility 

Applicable Area

To participate in the Alternative Approval Process, the Elector must be located in the applicable area and meet the criteria to sign an Elector Response Form as a resident elector or non-resident property elector. 

The Alternative Approval Process applies to the entire area of the District of Summerland.

Resident Electors 

To sign an Elector Response Form as a resident elector, a person must meet all of the following criteria:

  • Be a Canadian citizen;
  • Be at least 18 years of age or older on Publication of First Notice, February 29, 2024;
  • A resident of British Columbia for at least the last six (6) months immediately before the Publication of First Notice, February 29, 2024;
  • A resident of the District of Summerland on the day of the Publication of First Notice, February 29, 2024;
  • Not be otherwise disqualified from voting by the Local Government Act or by other law.

Non-resident Electors 

To sign an Elector Response Form as a non-resident property elector, a person must meet all of the following criteria:

  • Be a Canadian citizen;
  • Be at least 18 years of age or older on Publication of First Notice, February 29, 2024;
  • A resident of British Columbia for at least the last six (6) months immediately before the Publication of First Notice, February 29, 2024;
  • Have been a registered owner of property within the District of Summerland for at least the last 30 days immediately before the Publication of First Notice, February 29, 2024;
  • Not be otherwise disqualified from voting by the Local Government Act or by other law.

Note: If a property is owned by more than one individual, only one of them may sign an Elector Response Form. If a property is owned by more than one individual, then the person signing the Elector Response Form declares that they have received the written consent of the majority of the property owners to sign and submit an Elector Response Form.

A person may not sign more than one Elector Response Form in relation to the Bylaw.

Elector Response Forms

For the Bylaw, the Elector Response Form must be in the form approved by Council of the District of Summerland.

Elector Response Forms will be made available as follows:

Online
Elector Response Form - Loan Authorization (Prairie Valley Road Upgrades) Bylaw No. 2024-004
Elector Response Form - Loan Authorization (Wastewater Treatment Plant Primary Clarifier Upgrades) Bylaw No. 2024-005 

In-person 

Visit Municipal Hall (located at Henry Avenue, Summerland, BC), between the hours of 8:15 AM and 5:00 PM, Tuesday to Friday, excluding statutory holidays.

The deadline for submitting an Elector Response Form to the District of Summerland is 5:00 PM on Tuesday, April 9, 2024.

Electors may submit a completed Elector Response Form through one of the following methods:

  • Mail or in-person:

Attention: Corporate Officer
District of Summerland
13211 Henry Avenue 
Summerland, BC V0H 1Z0

Note: If submitting an Elector Response Form by facsimile (fax) or by email, please ensure that the transmission was completed. In order for elector response forms to be considered, all two (2) pages of the form package must be submitted

Additional Information 

The following documents provide more detailed information on the above bylaws:

Loan Authorization Bylaw No. 2024-004:
December 19, 2023 - Prairie Valley Road AAP Financing Options
January 16, 2024 - Loan Authorization Bylaw 2024-004 - revised timeline
Loan Authorization Bylaw (Prairie Valley Road Upgrades) Bylaw No. 2024-004
Newspaper Notice
Province of BC - Alternative Approval Process for Local Government
Prairie Valley Road AAP Information Sheet

Loan Authorization Bylaw No. 2024-005:
December 19, 2023 - Wastewater Treatment Plant Primary Clarifier AAP Financing Options
January 16, 2024 - Loan Authorization Bylaw 2024-005 - revised timeline
Loan Authorization Bylaw (Wastewater Treatment Plant Primary Clarifier Upgrades) Bylaw No. 2024-005
Newspaper Notice
Province of BC - Alternative Approval Process for Local Government
Wastewater Treatment Plant Primary Clarifier AAP Information Sheet

Printed copies of these documents are available at Municipal Hall, Tuesday to Friday, between the hours of 8:15 AM and 5:00 PM, excluding statutory holidays.

For more information, please contact:
Corporate Officer 
250-404-4037
kkinsley@summerland.ca