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HomeMy WebLinkAbout2012-09-10 Workshop Meeting Agenda and Reports.pdf District of Maple Ridge 1. ADOPTION OF THE AGENDA 2. MINUTES – August 27, 2012 3. PRESENTATIONS AT THE REQUEST OF COUNCIL 3.1 4. UNFINISHED AND NEW BUSINESS 4.1 Provincial Funding for Cycling Infrastructure – UBCM Resolution Report dated September 10, 2012 from the Maple Ridge-Pitt Meadows Bicycle Advisory Committee recommending that a resolution from Velo Village regarding cycling infrastructure be supported at the UBCM Conference. COUNCIL WORKSHOP AGENDA September 10, 2012 9:00 a.m. Blaney Room, 1st Floor, Municipal Hall The purpose of the Council Workshop is to review and discuss policies and other items of interest to Council. Although resolutions may be passed at this meeting, the intent is to make a consensus decision to send an item to Council for debate and vote or refer the item back to staff for more information or clarification. REMINDERS September 10, 2012 Closed Council following Workshop Committee of the Whole Meeting 1:00 p.m. September 11, 2012 Council Meeting 7:00 p.m. Council Workshop September 10, 2012 Page 2 of 3 4.2 Financial Support for Agriculture – Follow Up Report Staff report dated September 10, 2012 recommending the establishment of an Agricultural Endowment Reserve Account. 4.3 Report on Ban of Shark Fin Products Staff report dated September 10, 2012 recommending that the Business Licence and Regulation Bylaw be amended for the purpose of banning the trade, sale or distribution of shark fins or their derivatives in the District of Maple Ridge. 4.4 Invasive Species Strategy Verbal update by the Director of Parks and Facilities 5. CORRESPONDENCE The following correspondence has been received and requires a response. Staff is seeking direction from Council on each item. Options that Council may consider include: a) Acknowledge receipt of correspondence and advise that no further action will be taken. b) Direct staff to prepare a report and recommendation regarding the subject matter. c) Forward the correspondence to a regular Council meeting for further discussion. d) Other. Once direction is given the appropriate response will be sent. 5.1 Recommendation: 6. BRIEFING ON OTHER ITEMS OF INTEREST/QUESTIONS FROM COUNCIL 7. MATTERS DEEMED EXPEDIENT 8. ADJOURNMENT Checked by: ___________ Date: _________________ Council Workshop September 10, 2012 Page 3 of 3 Rules for Holding a Closed Meeting A part of a council meeting may be closed to the public if the subject matter being considered relates to one or more of the following: (a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality; (b) personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality on condition of anonymity; (c) labour relations or employee negotiations; (d) the security of property of the municipality; (e) the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure might reasonably be expected to harm the interests of the municipality; (f) law enforcement, if the council considers that disclosure might reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment; (g) litigation or potential litigation affecting the municipality; (h) an administrative tribunal hearing or potential administrative tribunal hearing affecting the municipality, other than a hearing to be conducted by the council or a delegate of council (i) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (j) information that is prohibited or information that if it were presented in a document would be prohibited from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act; (k) negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public; (l) discussions with municipal officers and employees respecting municipal objectives, measures and progress reports for the purposes of preparing an annual report under section 98 [annual municipal report] (m) a matter that, under another enactment, is such that the public may be excluded from the meeting; (n) the consideration of whether a council meeting should be closed under a provision of this subsection of subsection (2) (o) the consideration of whether the authority under section 91 (other persons attending closed meetings) should be exercised in relation to a council meeting. (p) information relating to local government participation in provincial negotiations with First Nations, where an agreement provides that the information is to be kept confidential. District of Maple Ridge COUNCIL WORKSHOP August 27, 2012 The Minutes of the Municipal Council Workshop held on August 27, 2012 at 9:00 a.m. in the Blaney Room of the Municipal Hall, 11995 Haney Place, Maple Ridge, British Columbia for the purpose of transacting regular Municipal business. PRESENT Elected Officials Appointed Staff Mayor E. Daykin J. Rule, Chief Administrative Officer Councillor C. Bell K. Swift, General Manager of Community Development, Councillor C. Ashlie Parks and Recreation Services Councillor J. Dueck P. Gill, General Manager Corporate and Financial Services Councillor A. Hogarth R. Carmichael, Acting General Manager Public Works and Councillor B. Masse Development Services Councillor M. Morden C. Marlo, Manager of Legislative Services A. Gaunt, Confidential Secretary Other Staff as Required F. Armstrong, Manager of Corporate Communications D. Hall, Planner S. Blue, Strategic Economic Initiatives Note: These Minutes are posted on the Municipal Web Site at www.mapleridge.ca 1. ADOPTION OF THE AGENDA The agenda was adopted as circulated. 2. MINUTES R/2012-372 Minutes It was moved and seconded July 16, 2012 That the minutes of the Council Workshop Meeting of July 16, 2012 be adopted as circulated. CARRIED 3. PRESENTATIONS AT THE REQUEST OF COUNCIL - Nil Council Workshop Minutes August 27, 2012 Page 2 of 5 4. UNFINISHED AND NEW BUSINESS 4.1 Maple Ridge Library Update - Joanne Sleeman – Community Librarian Presentation by Caro O’Kennedy, Library Manager The Library Manager gave a PowerPoint presentation providing an update on the services and programs provided by the Maple Ridge library. 4.2 Kwantlen Polytechnic University Proposal – A Food System Design and Implementation Plan for Southwest British Columbia Staff report dated August 27, 2012 recommending that the request for commitment to a proposal by the Sustainable Food Systems Working Group at Kwantlen Polytechnic University to design and implement a region wide food system be endorsed. The Manager of Strategic Economic Initiatives and the Planner reviewed the report. R/2012-373 Kwantlen Polytechnic It was moved and seconded University Proposal That the staff report dated August 27, 2012 titled “Kwantlen Polytechnic University Proposal – A Food System Design and Implementation Plan for Southwest British Columbia” be forwarded to the August 28, 2012 Council Meeting. CARRIED 4.3 Downtown Social Issues Discussion of social issues in the downtown core as requested by Councillor Masse The Recreation and Social Planning Coordinator provided an overview and an update on the current situation in the downtown area. She outlined the community services network in Maple Ridge and the support provided by those services. Council Workshop Minutes August 27, 2012 Page 3 of 5 R/2012-374 Downtown Social Issues It was moved and seconded That staff prepare a report regarding the social issues within Maple Ridge presented by Councillor Masse and based on discussions at the August 27, 2012 Workshop. CARRIED 5. CORRESPONDENCE Note: Items 5.1 and 5.2 were dealt with as one item 5.1 Premier’s UBCM Meeting Request Coordinator – 2012 UBCM Convention Memo dated July 30, 2012 from Katherine Bergen, Premier’s UBCM Meeting Request Coordinator, providing information on the submission of requests for meetings with Ministers during the 2012 UBCM convention. 5.2 Province of British Columbia, Office of Minister Ida Chong – 2012 UBCM Convention Letter from Ida Chong, Minister of Community, Sport and Cultural Development, providing information on the submission of requests for meetings with herself and other government, agency and commission staff during the 2012 UBCM convention. A 2012 Provincial Appointment book is attached. Councillors provided requests for meetings with specific Provincial Ministries. 5.3 BC Government and Service Employees’ Union (BCGEU) – Privatization of the BC Liquor Distribution Branch Warehouse and Distribution System Letter dated July 5, 2012 from Darryl Walker, President, BCGEU, requesting the adoption of a motion requesting a moratorium on the privatization of the Liquor Distribution Branch. Council Workshop Minutes August 27, 2012 Page 4 of 5 R/2012-375 Liquor Distribution Branch It was moved and seconded Privatization Receive for Information That the letter dated July 5, 2012 from Darryl Walker, President, British Columbia Government Employees’ Union, be received for information. CARRIED 5.4 John Kelly – MP’s Pension Plan Funding E-mail from John Kelly requesting support for changes to the Federal Members of Parliament’s pension plan funding. R/2012-376 MP’s Pension Plan Funding – Receive It was moved and seconded For Information Letter to MP That the e-mail from John Kelly requesting support for changes to the Federal Members of Parliament’s pension plan funding be received for information; and further That a letter be sent to Randy Kamp, MP, including feedback that revisions to pension plan funding for Federal Members of Parliament need to be made. CARRIED Note: Item 5.5 was deferred from the July 9, 2012 Council Workshop Meeting 5.5 Federation of Canadian Municipalities (“FCM”) Update: Government of Canada LTIP Roundtables E-mail dated June 28, 2012 from Brock Carlton, Chief Executive Officer, FCM providing clarification on the Government of Canada LTIP Roundtables and encouraging endorsement of FCM’s Target 2014 campaign. Council Workshop Minutes August 27, 2012 Page 5 of 5 R/2012-377 Government of Canada LTIP It was moved and seconded Roundtables That staff provide a report based on the information received from the Federation of Canadian Municipalities pertaining to Government of Canada LTIP Roundtables. CARRIED 6. BRIEFING ON OTHER ITEMS OF INTEREST/QUESTIONS FROM COUNCIL – Nil 7. MATTERS DEEMED EXPEDIENT - Nil 8. ADJOURNMENT – 11:11 a.m. _______________________________ E. Daykin, Mayor Certified Correct ___________________________________ C. Marlo, Corporate Officer 1 District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: September 10, 2012 and Members of Council FROM: Chief Administrative Officer MEETING: Workshop SUBJECT: Financial Support For Agriculture - Follow Up Report EXECUTIVE SUMMARY: Achieving the vision of prosperous, sustainable agriculture in Maple Ridge requires efforts in many areas, as noted in the Maple Ridge Agricultural Plan that was completed in 2009. Some of these areas have funding sources, some do not. One possible source of funding is from the Municipal portion of land taxes from rural land conversion, which was supported by Council in a previous memo. The allocation of any monies from this funding source is the subject of this memo, and recommendations are provided to create the reserve account, confirm the source, and define funding allocation guidelines for actions consistent with the recommendations in the Agricultural Plan. RECOMMENDATIONS: 1. That an Agricultural Endowment Reserve Account be established for the purpose of providing funding to support the research, promotional and infrastructure needs of the Maple Ridge Agricultural Plan; 2. That the previously supported 10% of the Municipal portion of land taxes from the conversion of rural property be set aside into that reserve account as the source of contributions; 3. That available funding from the noted Reserve Account be allocated generally to the following categories of action, which will be reviewed periodically over time: a. Studies required to support agriculture – 25% b. Marketing for agriculture – 25% c. Infrastructure upgrades – 50% 2 DISCUSSION: a) Background Context: Council passed a two part resolution last year identifying opportunities to implement key recommendations of the Maple Ridge Agricultural Plan relating to Goal #5, protecting the agricultural land base: 1. Where a land use is converted to a non-residential use, 10% of the increase in municipal taxes from the land value be set aside to support agriculture and that; 2. Our rezoning processes be reviewed to see if there is a way to seek contributions to support agricultural initiatives at the rezoning stage. This memo provides a follow-up report on Recommendation #1, by defining the framework under which funding can be secured and directed to initiatives within the Municipal sphere of influence. Reserve Account Creation and Allocation: The creation of a reserve account to hold funds raised by the conversion of rural land to non- residential uses is straight forward. The amount of funding that will become available is difficult to anticipate, but it is expected there may not be many rural land conversions to non-residential usage that would be eligible to contribute to the recommended reserve account. As a consequence, it may be some years before sufficient funds become available for certain categories of actions. Nonetheless, it is the allocation of such funds that will require oversight to make determinations on priority uses of whatever is available, and this evaluation role will require guidelines against which to judge eligible projects. It is recognized many of the implementation efforts are the responsibility of other levels of authority, such as the Ministry of Agriculture, Agricultural Land Commission, or the Farmers’ Institute, and the District may not be able to effect rapid change. However, there are many areas where the District can support improvements as identified in the Recommended Action Plan of the Maple Ridge Agricultural Plan (Appendix Table 1 to that Plan). To ensure funding will be available over time for a range of initiatives, staff are proposing the following general allocation split by category of action: a. Studies required to support agriculture – 25% b. Marketing for agriculture – 25% c. Infrastructure upgrades – 50% The procedures to gather eligible proposals and evaluate them have to be developed and will likely be similar to the process for Property Tax Exemptions and Community Grants 1. These procedures will focus on providing funding for initiatives that are the responsibility of the municipality and have no other source of funding. 1 The recommended reserve account can be augmented from other funding sources, for example, the Federal Global Commerce Support Program which also targets funding in support of agricultural projects in Maple Ridge, or funding from other agencies. Strategic Economic Initiatives has targeted this Federal program, but program funding expires at the end of 2012. Such funding can also be utilized to hire students, like from the agriculture program at Kwantlen Polytechnic for example, to undertake the efforts necessary to develop policy proposals or actions to address some of the recommendations. 3 There are likely many projects that will be proposed over the years. Some initiatives will need to be priorized over a multi-year investment program, particularly where infrastructure enhancement is involved. Other projects, such as efforts in promotion and research, to investigate more thoroughly issues specific to the unique context of agriculture in Maple Ridge, is an area not typically funded by other levels of government. It is in this area some of the reserve account monies noted above would be put to good use as well. b) Desired Outcome: The ability to set aside funding to support agricultural activities that are the responsibility of the municipality. c) Strategic Alignment: The Official Community Plan defines the principles and policies to achieve the sustainability part of the long-term vision for agriculture in this community. Protection for agriculture lands and promotional initiatives are paramount. Providing funding for those initiatives that are the responsibility of the municipality is consistent with these policies. d) Interdepartmental Implications: The Finance Department will need to establish a reserve account for the purpose of holding any monies that become available through the transfer of taxes from an eligible agricultural land conversion. Council will consider this transfer annually, as part of the Financial Plan approval process. The Strategic Economic Initiatives Department can continue to identify alternative funding sources that can augment the proposed reserve account to support, such as the Federal Global Commerce Support Program. Procedures to gather eligible proposals and to evaluate them will have to be developed. Council will provide final approval through the Financial Plan, and can periodically review and revise the allocation of funding to the various categories of use. e) Business Plan/Financial Implications: The recommended contribution to the reserve account and its allocation will be reviewed as part of the annual Financial Plan review. f) Policy Implications: Through support for the process defined herein, Council adds another set of tools to achieve the long-term vision of the OCP, and support for a thriving agricultural sector. Council also provides an outlet for the creativity of local energy to identify appropriate support projects consistent with goals of the Agricultural Plan, and have available funding to see their success. These are all consistent with current policy direction. 4 g) Alternatives: There are no known regular funding support programs for some of the small project ideas promoted by the Agricultural Plan as noted in the Background section above. The only alternative is to create a grant program specifically designed to address these types of locally sourced research and promotional projects. However to create such a grant program, without an alternative funding source, will draw funds away from other areas of the Financial Plan. There are mechanisms quite appropriate for raising the capital investments required in support of agricultural infrastructure and in managing the land use impacts of land conversion. These can be dealt with at the rezoning and subdivision stage, as well as in capturing the DCC allocations, or in fact through allocations of the Capital Works Program. However, these fund raising and allocation opportunities are typically constrained by the Local Government Act in terms of where they can be raised and what they can be expended upon. CONCLUSIONS: Council has demonstrated it’s commitment to a viable agricultural sector of our economy by supporting the land conversion tax allocation model as one support mechanism. This funding source should go a long way, over time, to providing much needed support for work in areas where there is no traditional funding source. “Original signed by J. Bastaja” _______________________________________________ Prepared by: J. Bastaja Director Corporate Support “Original signed by Paul Gill” _______________________________________________ Approved by: Paul Gill General Manager Corporate and Financial Services “Original signed by J.L. (Jim) Rule _______________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer Page 1 of 3 District of Maple Ridge TO: His Worship Mayor Ernie Daykin DATE: September 10, 2012 and Members of Council FROM: Chief Administrative Officer ATTN: Council Workshop SUBJECT: Proposed banning to the Possession, Sale or Consumption of Shark Fin Products EXECUTIVE SUMMARY: At Council’s Regular Council meeting of July 10, 2012 staff was directed to prepare a report on a potential bylaw to ban the sale, possession or consumption of shark fin products by businesses operating in the District. An amendment to the Business Licence and Regulation Bylaw would facilitate a ban on the trade, sale or distribution of shark fins or their derivative in the District of Maple Ridge. Under a bylaw regulation of this nature, staff would have the ability to refuse a business licence where applicants propose to trade, sell or distribute shark fins or their derivative and or issue fines to businesses conducting this activity. Council or by delegation of authority staff would also have the ability to suspend, cancel or refuse a business licence if the business was found to be conducting a business contrary to the bylaw. This report also recognizes that two resolutions to UBCM have been put forward by two other municipalities. Those resolutions (attached as appendix I and II) state the following: North Vancouver City: Whereas shark fin harvesting is an inhumane and wasteful practice serving a very narrow and sometimes criminal marketplace; And whereas shark fin harvesting, by taking large and increasing numbers of an “apex” species whose reduction in the ocean eco-system has significant impacts upon other species: Therefore be it resolved that UBCM call on the provincial government to implement a province-wide ban on the possession, sale, and distribution of shark fin; And be it further resolved that the federal government ban the import of shark fin into Canada. Port Moody: Whereas the population of sharks, an important apex predator in our ocean ecosystems, is plummeting around the world largely due to harvesting of sharks for their fins; And whereas harvesting of sharks for their fins is an international conservation crisis as one-third of all shark species is threatened with extinction: Page 2 of 3 Therefore be it resolved that UBCM call upon the British Columbia provincial government to help protect an endangered species that is essential to the sustainability of our global ecosystem by enacting provincial legislation to ban the possession, sale, trade and distribution of shark fins. It is understood that these resolutions will be considered and discussed at UBCM the week of September 24. In the alternative section of this report it is identified that Council may wish to defer consideration of a bylaw amendment pending the outcome of UBCM discussion. RECOMMENDATION(S): That staff be directed to amend the Business Licence and Regulation Bylaw for the purpose of banning the trade, sale or distribution of shark fins or their derivatives in the District of Maple Ridge. DISCUSSION: a) Background Context: “Shark Finning” refers to the removal and retention of shark fins while the shark is still alive and then discarding the shark back into the ocean. Subsequently, the shark is unable to maneuver through the water, then dies and is eaten by other predators. The act of ‘Shark Finning’ is considered to be cruel and inhumane. ‘Shark Finning’ takes place at sea so that the individuals engaged in this activity have only the fins to transport. Shark meat is of low economical value and, therefore, not worth the cost of transporting the bulky shark bodies to market. b) Legal Context: The practice of ‘Shark Finning’ in Canada is prohibited by Canadian Federal Law; however, the use of shark fins is permitted. Banning the use of shark fins is not without risk of challenge. There is not clear authority given to local governments enabling such bans and Case Law on this topic or related ones is very limited. The City of Richmond provides closes and most recent example or regulating specific ‘transactions’ of a business within its community when it passed a bylaw to prohibit the sale of puppies by pet stores. The courts upheld this bylaw, stating that it pet supplies was a valid use of its authority. It should be noted; however, that this bylaw was also supported by the City’s other abilities to regulate animals. The courts specifically rejected part of the argument made by the City of Richmond that the ban of selling pets was required due to the health of puppies. What is important in the Richmond case that supports the regulation of shark fins is that the courts upheld the local governments’ authority to regulate specific transactions which form part of a business. In creating such bylaws, one must ensure that it does not negatively impact the economical, social and environmental well being of its community. A bylaw of this nature must take into account how the action will benefit the community and must not be adopted only on “moral grounds” alone. A bylaw adopted for this reason only would stand a good chance of being overturned by the courts, if challenged. Staff has researched the use of shark fins within businesses in Maple Ridge and could not find any restaurants that are serving shark fin soup. Furthermore we have been unable to find stores that sell derivatives however these are more difficult to detect and may take more time to flush out if they exist. Therefore, at this time no other transactions of shark fins could be identified by staff within the District at this time and, there is virtually no impact on the economy of social well being within Maple Ridge that would result from the banning of the use of shark fins. Page 3 of 3 c) Other Municipalities: Currently, the City’s of Port Moody, Nanaimo and Coquitlam have adopted bylaws banning shark fin products. The City of North Vancouver and the City of Langley are reviewing the possibility of this legislation as are the City’s of Burnaby, Richmond and Vancouver. The City of Toronto has a bylaw banning shark fin products however this bylaw is currently under challenge in the Courts. d) UBCM Resolutions: If Council were to consider this type of Bylaw Sections 59(2) and (3) of the Community Charter require that Council seek public input to those parties who may be affected by the Bylaw prior to the adoption of the regulation. This requirement is typically met by placing two consecutive advertisements in the local newspaper to provide residents and business operators with advance information that the Bylaw is being considered for adoption providing them with an opportunity to address any issues they may have with the propose legislation. e) Alternatives: Council may wish to defer consideration of a bylaw amendment pending the outcome of the UBCM discussions. CONCLUSIONS: There is no clear authority to regulate shark fins at a local level within BC. Staff, in consultation with the municipal Solicitor, believes the risk of challenge to a bylaw restricting the use of shark fins is low. Further, staff has identified that the economic and social impact of restricting shark fin transactions, such as shark fin soup, is minimal; This report recommends moving to the next step which is to prepare amendments to the Business Licence and Regulation Bylaw. Alternatively Council may wish to defer directing staff to prepare the amendments pending the outcome of the UBCM discussions. “Original signed by E.S. (Liz) Holitzki” _______________________________________________ Prepared by: E. S. (Liz) Holitzki Director: Licences, Permits and Bylaws “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng General Manager, Public Works & Development Services “Original signed by J.L. (Jim) Rule” _______________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Office LH/jd Appendix I – North Vancouver City Shark Fin Harvesting resolution to UBCM Appendix II – Port Moody Ban on Possession, Sale, Trade & Distribution of Shark Fins resolution to UBCM