SUN PEAKS MOUNTAIN RESORT MUNICIPALITY

Transcription

1 SUN PEAKS MOUNTAIN RESORT MUNICIPALITY SPECIAL COUNCIL MEETING AGENDA 7 PM MAY 7, 2012 Page Municipal Office, Sun Peaks, B.C 1. CALL TO ORDER 2. ADOPTION OF AGENDA ADOPTION OF MINUTES a. Public Hearing - March 19, PRESENTATIONS AND DELEGATIONS a. Summer Art Workshops - Lorel Sternig b. RMI Summer Program update - Christopher Nicolson [Addenda] 5. NEW BUSINESS 6. BYLAWS a. Forest Fuels Management b. Disqualification for Failure to File a. First Three Readings - Financial Bylaws 7. ADJOURNMENT Page 1 of 18

2 Agenda Item # 3a. SUN PEAKS MOUNTAIN RESORT MUNICIPALITY Minutes of the Public Hearing of the Sun Peaks Mountain Resort Municipal Council held on Monday, March 19, 2012 in the Sun Peaks Municipality Office, Sun Peaks, B.C. Present: Also: Mayor A. Raine Councillor M. Forster Councillor M. Pozza Councillor I. Popig Byron Johnson, Chief Administrative Officer Nicky Braithwaite, Finance Officer Alex Krause, Planner 9 members of the public 1. CALL TO ORDER Mayor Raine called the public hearing to order at 7:01 PM. 2. OPENING REMARKS Mayor Raine made a few opening remarks that included the procedures for the public hearing regarding rezoning application RZ BACKGROUND INFORMATION a. Sun Peaks Resort Area Zoning Amendment Bylaw No. 0025, 2012 Alex Krause gave a brief overview of the re-zoning application to 1332 Burfield Drive as well as the procedure for the rezoning process. Mr. Krause advised that the purpose of the proposed bylaw is to amend the R- 1 zone on a site-specific basis to allow an office in one half of an existing duplex (two family dwelling) located at 1332 Burfield Drive. 4. PUBLIC INPUT Ken Ellerbeck, 1335 Burfield Drive Mr. Ellerbeck advised that the R-1 zoning allows for home-based businesses with restriction to single family residences. He noted that most properties on Burfield Drive are duplexes and therefore precluded from operating home businesses. Mr. Ellerbeck questioned whether Council should consider amending the R-1 zoning by Public Hearing - March 19, 2012 Page 2 of 18

3 Agenda Item # 3a. Sun Peaks Mountain Resort Municipality Public Hearing Minutes adding home occupations as a permitted use for 'two family dwellings' in addition to single family dwellings. He also questioned whether the overall intent of this rezoning would be lost and open to issues going forward if the property were to sell. Adam Earle: Mr. Earle advised that it is not their intention to sell the property but legalize their current use. Alex Krause: Upon question, Mr. Krause advised that once the zoning is in place, it runs with the property and subsequent owners would be able to operate an office business provided it meets the conditions of use outlined in the bylaw. Glenna Ellerbeck: 1335 Burfield Drive Ms. Ellerbeck advised that she does not wish to see commercial zoning across the street from her property. Mayor Raine read a letter submitted by Glenna Ellerbeck (attached). Adam Earle: Mr. Earle advised that he and his wife purchased the property in 2002 and operated their business out of the basement part of the home. Mr. Earle noted that it had never been their intention to operate a retail business attracting the public to that location but needed more room for the businesses. Mr. Earle also responded to Ms. Ellerbeck s letter noting that two properties on Burfield Drive are already zoned commercially which would allow for a lounge and other types of use. Mr. Earle indicated that their business brings little traffic to the area with very few staff. A portion of the downstairs is used for personal use and only 50% is used for office space. Mr. Earle explained that neither the businesses nor the properties are for sale and that they are only requesting Council's blessing to continue to conduct their business where they are. Councillor Pozza: isn't each side of the duplex considered a residence? Alex Krause: Upon question, Mr. Krause advised that duplexes are a 'two family' dwelling which under the R-1 zone are not allowed to have a home based business as it would allow for a home business in every property. In this situation, one half of the duplex is proposed to be used almost completely as an office. Adam Earle: Mr. Earle noted that the lack of affordable commercial space within the municipality needs to be considered. Ken Ellerbeck: Mr. Ellerbeck advised that he believes the issue is a municipal issue rather than a site specific issue and suggested that the Public Hearing - March 19, 2012 Page 3 of 18

4 Agenda Item # 3a. Sun Peaks Mountain Resort Municipality Public Hearing Minutes current zoning on Burfield Drive be amended to allow home businesses in all duplexes in that area. Adam Earle: Mr. Earle advised that he would support the idea of a general zoning change that would allow this use throughout Burfield Drive. Alex Krause: Upon question, Mr. Krause advised that Council could change the R-1 zone generally to allow home-based businesses in all two family or duplex dwellings. However, this would be a relatively major zoning change and it would only be appropriate after a significant public awareness process. Adam Earle and Vladimir Grebenyuk advised that they agreed with Mr. Ellerbeck s suggestion. 5. ADJOURNMENT PM/01 Moved by Councillor Popig, seconded by Councillor Pozza: THAT the public hearing be adjourned. Motion carried Public Hearing - March 19, 2012 Page 4 of 18

5 Agenda Item # 5a. Sun Peaks Mountain Resort Municipality Agenda Summary To: From: Mayor & Council Byron Johnson, Chief Administrative Officer Date: May 4, 2012 Meeting Date: May 7, 2012 SUMMARY: The purpose of this report is to make a recommendation to Council regarding awarding the forest fuels management contract(s), and for Council to appoint the work to a contractor. BACKGROUND: The work covered by this tender is funded by the UBCM Operational Fuel Treatment program. We received $180,000 of incremental funding, with the expectation that the Municipality/Community will contribute a further $20,000 of cash and in-kind funding. Of the $180,000 budget, $171,000 was intended for direct work by contractors reducing the forest fuel load by various activities such as debris piling, pruning, tree removal and burning. No merchantable timber will be harvested. The Municipality has hired Bruce Morrow, RPF to act as its representative throughout the process of tender development and award through to project supervision and final approval of results. SPMRM used a select tender process, the tender was sent to 4 bidders with enough similar experience to be qualified to perform the work. The tender also contained language indicating that there may be preference given to bidders who fall under First Nations administration or who employ workers of a First Nations background. No specific preference amount was stated in the tender, leaving it up to Council to determine how much preference would be appropriate in this situation. The rationale behind this preference language is that some local First Nations consider the Municipality to be located within their traditional territories, and would welcome the opportunities to be involved in forestry activities in their traditional territories. Forest Fuels Management Page 5 of 18

6 Agenda Item # 5a. Tender Results - The tender was sent to the following selected candidates: 3D Forestry, HIS Ventures, Adams Lake Indian Band and Whispering Pines Indian Band. The work to be done is spread over 4 distinct areas, or Treatment Units (TU). Our consultant Bruce Morrow, recommended that the lowest cost bid should be accepted for 3 of the Treatment Units. This will result in the following awards: TU7 & TU15 to HIS Ventures Ltd for a total of $89, TU5 awarded to 3D Forestry for a total of $45,360 For the remaining area Treatment Unit #12, our consultant felt that all of the bids received were too high, possibly the result of an misleading onsite tour which focused on the harder to access areas in this TU. As allowed for in the tender document, the consultant rejected all of the bids for that TU and entered into negotiations with Adams Lake Indian Band. The following award is recommended: TU12 awarded to Adams Lake Indian Band for a total of $31,000 The recommended awards total $166, vs. a budget of $171,000. These awards will leave a small amount of budget room to deal with anything unexpected which arises over the course of contract completion. All of the recommended vendors have been contacted and have confirmed that they are prepared to accept the work for the quoted price. POLICY ISSUES: Council must award these contracts because they exceed $15,000. OPTIONS: Council can choose to award these contracts, or any other course of action, at its discretion. RECOMMENDATION: THAT Council approves the follows contract awards: TU7 & TU15 to HIS Ventures Ltd for a total of $89, TU5 awarded to 3D Forestry for a total of $45,360 TU12 awarded to Adams Lake Indian Band for a total of $31,000 Forest Fuels Management Page 6 of 18

7 Agenda Item # 5b. Sun Peaks Mountain Resort Municipality Agenda Summary To: From: Mayor & Council Nicky Braithwaite, Chief Election Officer Date: May 3, 2012 Meeting Date: May 7, 2012 SUMMARY: Mayoral candidate Mrs. Renate Kals has failed to file her campaign disclosure statements. Section 92.2 of the Local Government Act states that the failure to do so must be reported to Council as well as the Inspector of Municipalities. BACKGROUND: All candidates were required to file campaign disclosure statements by March 19, Late filing is permitted up to April 18, 2012 with a $500 penalty. A candidate may also apply to the Supreme Court of Canada for relief from the obligation to file a disclosure statement or supplementary statement. Failure to file either before April 18 th results in the automatic disqualification of the candidate from being nominated for, elected to or holding office on a local government, the council of the City of Vancouver or a board of school trustees, or as a local trustee of the Islands Trust, until after the next general local election. On March 7, 2012 Gerhard Tscheppe submitted the campaign disclosure statements on behalf of Mrs. Kals as she was away. The following issues were noted with the documents: Mrs. Kals had already signed the documents. They must be signed before and notarized by someone with the authority to take affidavits in BC. Her forms were not. Schedule A Campaign Contributions form detailed only campaign expenses. Form detailing election expenses was not filled out. Schedule C Details of Surplus Funds Disbursements form had $0 for each line yet campaign expenses were claimed (incorrectly as noted above). Between March 8 and 12, 2012 I exchanged several s with Mrs. Kals discussing the options for correcting these issues. I informed Mrs. Kals that the forms could be corrected via and gave her Disqualification for Failure to File Page 7 of 18

8 Agenda Item # 5b. several options as to how to get them notarized. I also informed her that the corrected forms were to be submitted by March 19, 2012 and noted the outcome of late filing include the $500 penalty or disqualification. Responding to a question from Mrs. Kals, on March 12, 2012 I informed her by that the legal opinion we received explained that power of attorney does not waive her statutory duty to sign the papers in person before someone qualified to take affidavits in BC. No further correspondence was received. OUTCOME: This report will also be submitted to the Inspector of Municipalities. Effective April 19, 2012 Mrs. Kals is disqualified from being nominated for, elected to or holding office on a local government, the council of the City of Vancouver or a board of school trustees, or as a local trustee of the Islands Trust, until after the next general local election. RECOMMENDATION: This report is for information purposes only. Disqualification for Failure to File Page 8 of 18

9 Sun Peaks Mountain Resort Municipality Agenda Summary To: From: Mayor & Council Byron Johnson, Chief Administrative Officer Date: May 3, 2012 Meeting Date: May 7, 2012 SUMMARY: This report provides a brief description of the 5 Year Financial Plan bylaw and the Tax Rates bylaw. BACKGROUND: Financial Plan - Council has previously approved the 5 year Financial Plan in principle. This plan has been discussed in a number of budget sessions starting in February 2012, with the actual approval in principal occurring in April. In addition to budget discussion in Council sessions, a public input session was held on March 31 st to explain the budget to our residents and to receive any suggestions from them. There are two large projects proposed in this budget: the Health Centre and the Recreational Multiplex. Both of these projects are at a preliminary stage, with designs and budgets currently being developed. Once the budgets are completed and the partnership arrangements are worked out, the financing plan for each project will be developed. The Financial Plan includes debenture financing for each of these projects with funds from the Municipal Finance Authority. These two projects collectively have a large footprint on the financial plan, impacting taxation increases required to service the additional debt, the Municipal assist required to operate the Multiplex and the amount of amortization that needs to be charged. Tax increases due to these projects do not take effect until 2013 at the earliest. Once Council has determined that these projects are viable and wishes to proceed with them, the long term debt needed for the projects will require a public referendum. First Three Readings - Financial Bylaws Page 9 of 18

10 Tax Rates Council has directed that a status quo approach to tax rates be taken. The actual rates are adjusted to offset the changes to assessed values. The table below shows as comparison of taxation for 2012 versus Comparison of Tax Rates 2012 vs on Average Residential Dwelling Change Tax Rate $ Tax Rate $ % $ Taxes Municipal Taxes % (1.09) TNRD services % (30.24) TNRD Hospitals % Total Regional % (10.32) Subtotal Municipal & Regional , , % (11.41) BCAA % (2.44) MFA % (0.01) School tax* % (51.36) Rural Policing* % (3.91) Subtotal Provincial Taxes % (57.71) TOTAL PROPERTY TAXES , , % (69.13) Average Residential Assessment $ 320,130 $ 348, % (27,966) OPTIONS: Council can choose to adopt the financial plan, or amend it at its discretion. Council also has the option of accepting the tax rates as suggested, or amending them to achieve tax shifting, at its discretion. RECOMMENDATION: THAT Council gives three readings to the Financial Plan Bylaw 0026, 2012 AND THAT Council gives three readings to the Tax Rates Bylaw 0027, First Three Readings - Financial Bylaws Page 10 of 18

11 SUN PEAKS MOUNTAIN RESORT MUNICIPALITY BYLAW NO. 0026, 2012 A bylaw for the Financial Plan for WHEREAS Section 165 of the Community Charter requires the Municipal Council to have a financial plan that is adopted annually by bylaw; WHEREAS the Municipal Council has undertaken a process of public consultation regarding the proposed financial plan in accordance with Section 166 of the Community Charter, including submissions/public input received at a public meeting on March 31st, 2012 as well as a number of Committee of the Whole sessions being open to the public from February to April, 2012; THEREFORE the Council of the Sun Peaks Mountain Resort Municipality, in open meeting assembled, enacts as follows: 1. That Schedule A as attached hereto and made part of this bylaw is hereby adopted and is the Financial Plan of the Sun Peaks Mountain Resort Municipality for 2012 to 2016 inclusive. 2. That Schedule B as attached hereto and made part of this bylaw is hereby adopted and is the Statement of Objectives and Policies. 3. This bylaw shall be cited for all purposes as Financial Plan Bylaw No. 0026, READ A FIRST TIME this 7th day of May, 2012 READ A SECOND TIME this 7th day of May, 2012 READ A THIRD TIME this 7th day of May, 2012 FINALLY ADOPTED by a majority of Council this day of, 2012 CERTIFIED A TRUE COPY OF BYLAW NO. 0026, 2012 Corporate Administrator MAYOR CORPORATE ADMINISTRATOR First Three Readings - Financial Bylaws Page 11 of 18

12 SUN PEAKS MOUNTAIN RESORT MUNICIPALITY Five Year Financial Plan Bylaw No 0026, 2012 Schedule "A" OPERATING RESULTS Revenues Muncipal Property Taxes 1,301,200 1,538,212 1,551,354 1,564,628 1,578,034 Other Taxes / Penalties 87,600 99,000 99,000 99,000 99,000 Sales of Services 1,400 1,400 1,400 1,400 1,400 Fees and Permits 11,000 46,000 56,000 56,000 56,000 Grant Revenue 1,052, , , , ,000 Resort Municipality Initiative Grant 299, , , , ,527 Community Project Donations 600,000 Other 4,400 59,200 44,000 2,756,644 2,942,298 2,464,479 2,262,753 2,285,961 Expenditures General government services 707, , , , ,129 RMI Expenditures 470, , , , ,527 Public Works 280,750 92, , , ,455 Fire Protection 563, , , , ,361 Interest Expense & Bank Charges 31, , , , ,241 Amortization 208, , , , ,000 2,262,226 1,965,263 2,421,940 2,261,566 2,283,713 Annual Surplus 494, ,035 42,539 1,187 2,248 BALANCE SHEET Asset Transactions Tangible capital assets purchased (1,217,120) (4,138,800) (388,550) (38,100) (32,350) Amortization of TCA assets 208, , , , ,000 Proceeds on sales of TCA Debt Transactions Principal payments (48,295) (151,184) (153,421) (155,758) (156,085) Proceeds from Debt - 3,000, Reserves / Deferred Revenue Transactions TO Capital Reinvestment Reserve - Roads (75,000) (75,000) (75,000) (75,000) (75,000) Capital Parks Reserve (25,000) (25,000) (25,000) (25,000) (25,000) Fire Apparatus Reserve (100,000) (100,000) (100,000) (100,000) (100,000) Gas Tax Reserve (65,000) (65,000) (65,000) (65,000) (65,000) FROM Capital Reinvestment Reserve - Roads Capital Parks Reserve Fire Apparatus Reserve , Gas Tax Reserve 75, RMI Reserve 171,000 Accumulated Surplus 750, ,000 Impact on Cash (562,997) (104,949) (81,432) 248, ,813 First Three Readings - Financial Bylaws Page 12 of 18

13 Sun Peaks Mountain Resort Municipality Five Year Financial Plan Bylaw No. 0026, 2012 Statement of Objectives and Policies Schedule B In accordance with Section 165(3.1) of the Community Charter, the Municipality is required to include in the Five Year Financial Plan, objectives and policies regarding each of the following: 1. The proportion of total revenue that comes from each of the funding sources described in Section 165(7) of the Community Charter, 2. The distribution of property taxes among the property classes, 3. The use of permissive exemptions. 1. FUNDING SOURCES: Table 1 below shows the proportion of total revenue to be raised from each funding source in This revenue includes all of the funding required to operate the Municipal activities including Administration, the Fire Department, and Public Works. Utility services including Water, Sewer, and Drainage are provided by a private firm and are not part of this financial plan. TABLE 1: 2012 SOURCES OF REVENUE Revenue Source % of Revenue Dollar Value Municipal Property Taxes 47.2% 1,301,200 Fees and Permits 0.4% 11,000 Other Sources 3.4% 93,400 Government Grants 38.2% 1,052,044 Resort Municipality Initiative 10.8% 299,000 Total 100.0% 2,756,644 Significant changes to Revenues for 2012 include the following: As a percentage of the total revenue, Government Grants (including the RMI grant) have increased to 49% of the total budget, versus 18% in The major grants for 2012 include: o Small Community Investment Fund $322,044 o Gas Tax $ 65,000 o Integrated Comm Sustainability Grant $ 85,000 o Community Recreation Grant $400,000 o Operational Fuel Treatment Grants $180,000 o Resort Muni Initiative $299,000 First Three Readings - Financial Bylaws Page 13 of 18

14 The Resort Municipality Initiative (RMI) program started for Sun Peaks in 2011, with a payment received at the end of the year for the calendar year of Objectives: To grow the non-taxation based revenue sources relative to property taxes. To encourage and actively support business growth during the non-winter season. To encourage well-managed environmentally sensitive development within the resort municipality, encouraging the growth of the assessment base. This growth will maintain healthy local businesses, and provide expanded funding for future services without unduly burdening existing tax payers. Policies: To effectively use grant funding received from senior governments. Grant funding will only be sought for projects/programs which are priorities for Council. The RMI grant program is a key element to encourage and provide funding for expanding nonwinter season activities. For 2012 several major concerts will be added to the summertime schedule and an Oktoberfest is being planned. In addition to summer events, a portable stage is being purchased which will support many community events throughout the year. With any new service under consideration, find ways to address the seasonality aspect of our community. Ideally we should be able to increase or decrease the service provision based on the demand for the service. This will help to ensure that we achieve the greatest efficiency with our spending. To continue to work with the Regional District to try and achieve greater cost equity for the Sun Peaks residents for regional services provided by the Thompson Nicola Regional District. 2. DISTRIBUTION OF PROPERTY TAXES: The current distribution of property taxes amongst the various classes of ratepayers is outlined in Table 2 below. This distribution is driven by the relative assessed values in each property class as well as the tax class multiples as set by Council. In 2011 Council directed a tax shift for municipal taxes to Residents from the Business and Other tax class. First Three Readings - Financial Bylaws Page 14 of 18

15 TABLE 2: DISTRIBUTION OF MUNICIPAL PROPERTY TAXES Property Class % of Property Tax Dollar Value Residential 86.4% 1,124,367 Utilities 0.1% 1,682 Business & Other 12.1% 157,594 Recreational Property 1.3% 17,557 Total 100% 1,301,200 Policies: Council has not adopted a policy regarding the allocation of taxes between tax classes. For 2012 it has determined to maintain the multiples set in The overall distribution of property taxes is outlined in Table 3 below. The multiples for the regional district, hospital, school, policing, and other agency taxes are all set by Provincial statute, as are the budget amounts. TABLE 3: DISTRIBUTION OF TOTAL PROPERTY TAXES Property Class % of Property Tax Dollar Value Residential 81.2% 3,161,921 Utilities 0.6% 24,947 Business & Other 16.7% 650,462 Recreational Property 1.5% 56,830 Total 100.0% 3,894, PERMISSIVE EXEMPTIONS: To date the Municipality has not granted any permissive tax exemptions of any kind. Objectives: Council has not set objectives relating to permissive tax exemptions. Council s goal is to have an overall policy which deals with all forms of Municipal support, including permissive exemptions, grants, etc. First Three Readings - Financial Bylaws Page 15 of 18

16 SUN PEAKS MOUNTAIN RESORT MUNICIPALITY BYLAW NO. 0027, 2012 A bylaw for the purpose of adopting tax rates for the year WHEREAS Section 197 of the Community Charter, allows a Municipal Council to impose property value taxes; THEREFORE the Council of the Sun Peaks Mountain Resort Municipality, in open meeting assembled, enacts as follows: 1. The following rates are imposed and levied on all taxable land and improvements for the year 2012: A. For all lawful general purposes of the Municipality on the value of lands and improvements taxable for General Purposes, rates appearing in Column A of the Schedule attached hereto and forming a part hereof. B. For information the Provincial School tax rates on the value of land and improvements taxable for School Purposes, rates appearing in Column B of the Schedule attached hereto and forming a part hereof. C. For information the Provincial Rural Policing tax rates on the value of land and improvements taxable for School Purposes, rates appearing in Column C of the Schedule attached hereto and forming a part hereof. D. For Thompson Nicola Regional District purposes on the value of land and improvements taxable for Hospital Purposes, rates appearing in Column D of the Schedule attached hereto and forming a part hereof. E. For Regional Hospital purposes on the value of land and improvements taxable for Hospital Purposes, rates appearing in Column E of the Schedule attached hereto and forming a part hereof. F. For information the Municipal Finance Authority tax rates on the value of land and improvements for Hospital Purposes, rates appearing in Column F of the Schedule attached hereto and forming a part hereof. G. For information the B.C. Assessment Authority tax rates on the value of land and improvements for Hospital Purposes, rates appearing in Column G of the Schedule attached hereto and forming a part hereof. First Three Readings - Financial Bylaws Page 16 of 18

17 PAGE TWO OF BYLAW NO. 0027, The minimum amount of taxation upon a parcel of real property shall be One ($1.00) Dollar. 3. For purposes of Section 237 of the Community Charter, the tax notice will provide for a tax due date of July 3, 2012 and a 10% penalty for all taxes unpaid as of that date. 4. This bylaw shall be cited for all purposes as Tax Rates Bylaw No. 0027, READ A FIRST TIME this 7th day of May, 2012 READ A SECOND TIME this 7th day of May, 2012 READ A THIRD TIME this 7th day of May, 2012 FINALLY ADOPTED by a majority of Council members this day of,2012 MAYOR CORPORATE ADMINISTRATOR CERTIFIED A TRUE COPY OF BYLAW NO. 0027, 2012 Corporate Administrator First Three Readings - Financial Bylaws Page 17 of 18

18 Sun Peaks Mountain Resort Municipality Property Tax Rates for 2012 Schedule "A" of Bylaw 0027 A B C D E F G 2012 MUNICIPAL SCHOOL RURAL REGIONAL REGIONAL MUNICIPAL B.C. TOTAL RES./OTHER POLICING DISTRICT HOSPITAL FINANCE ASSESSMENT BY CL # PROPERTY CLASS (SET RATE) (SET RATE) (TNRD) (TRHD & TNRHD) AUTHORITY AUTHORITY CLASS 1 RESIDENTIAL UTILITIES BUSINESS RECREATIONAL First Three Readings - Financial Bylaws Page 18 of 18