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Home My WebLink About2002-07-09 Council Meeting Agenda and ReportsCorporation of the District of Maple Ridge COUNCIL MEETING A GENDA July 9, 2002 7:00 p.m. Council Chamber MEETING DECORUM Council would like to remind all people present tonight that serious issues are decided at Council meetings which affect many people's lives. Therefore, we ask that you act with the appropriate decorum that a Council Meeting deserves. Commentary and conversations by the public are distracting. Should anyone disrupt the Council Meeting in any way, the meeting will be stopped and that person's behavior will be reprimanded. Note: This Agenda is also posted on the Municipal Web Site at www.mapleridge.org 100 CALL TO ORDER 200 OPENING PRA YERS Pastor Rod Shearing 300 PRESENTATIONS AT THE REQUEST OF COUNCIL 301 Presentation of Certificates of Commendation Awarded by the Governor General to Allison Stanbury 302 RCMP - Citizens' Survey 400 ADOPTION OF MINUTES 401 Minutes of the Regular Council Meeting of June 25, 2002 402 Minutes of the Development Agreement Committee of July 2, 2002 500 DELEGATIONS 501 Ridge Meadows Recycling Society, 30 Anniversary, Kelli Speirs 502 Fire Department, 20 Year Service Recognition for Reinhard Fabische Page 1 Council Meeting Agenda July 9, 2002 Council Chamber Page 2 of 6 503 Alouette River Management Society ("ARMS") - Human/Bear Conflicts in Maple Ridge and ARMS Education Programs and Partnerships 600 UNFINISHED BUSINESS 700 CORRESPONDENCE 800 BY-LAWS 801 Maple Ridge Highway Establishment & Closure By-law No. 6034-2002 Final reading (to facilitate the extension of the highway network and provide a secondary access/egress to the Westgate Centre) 802 Maple Ridge Kennel Regulation Bylaw No. 6036-2002 Final reading (to regulate kennels or other places where the keeping, training, care, breeding or boarding of dogs is carried out) 803 Maple Ridge Zone Amending Bylaw No. 6044-2002 Final reading (to address the issues of noise, animal waste and inconsistencies between the use restriction and siting requirements contained in the Kennel Bylaw and those in the Zoning Bylaw) COMMITTEE REPORTS AND RECOMMENDATIONS 900 COMMITTEE OF THE WHOLE 901 Minutes — June 17, 2002 The following issues were presented at an earlier Committee of the Whole meeting with the recommendations being brought to this meeting for Municipal Council consideration and final approval. The Committee of the Whole meeting is open to the public and is held Council Meeting Agenda July 9, 2002 Council Chamber Page 3 of 6 Public Works and Development Services 902 21" Annual Haney-Harrison Road Relay - Use of Municipal Streets Staff report dated June 10, 2002 recommending that BC Athletics be authorized to use municipal streets on November 2, 2002 for their 21st Annual Haney to Harrison Road Relay. 903 Caribbean Street Festival - Use of Municipal Streets Staff report dated June 18, 2002 recommending that the Caribbean Festival Committee be authorized to use municipal streets on July 14, 2002 for the Caribbean Street Festival. 904 Maple Ridge Jazz and Blues Festival - Use of Municipal Streets Staff report dated June 18, 2002 recommending that the Maple Ridge Jazz and Blues Festival Committee be authorized to use municipal streets on August 14, 2002 for their 6th Annual Festival. 905 Special Occasion License, Maple Ridge Fair Staff report dated June 24, 2002 recommending that the application from the Maple Ridge Pitt Meadows Agricultural Association for a Special Occasion License for the 2002 Maple Ridge Fair, July 26-28, 2002 be approved. 906 Development Cost Charge Reduction for Subdivisions 26/2002 and 27/2002 Staff report dated June 26, 2002 recommending that the development cost charges for the above-noted subdivisions, be reduced by $65,993.00 and $10,280.00 respectively. Council Meeting Agenda July 9, 2002 Council Chamber Page 4 of 6 907 Rezoning 52/2000 - Royal Canadian Legion Request for Development Cost Charge Rebate Consideration Staff report dated June 12, 2002 recommending that a development cost charge rebate in the amount of $80,000 be approved. 908 Maple Ridge Development Cost Charge Reserve Fund Expenditure Bylaw No. 6043-2002 Staff report dated June 25, 2002 recommending that an expenditure bylaw in the amount of $2,475,228.00 be read a first and second time and that the rules of order be waived and that the expenditure bylaw be read a third time. 909 Final One Year Extension Application.— 11291 - 236th Street Staff report dated June 19, 2002 recommending that a one year extension be granted for rezoning application RZ/017/99, property located at 11291 - 236th Street 910 Development Permit - 12430— 241st Street Staff report dated June 21, 2002 recommending that DP/065/02 be signed and sealed by the Municipal Clerk for property located at 12530 - 241st Street. 911 Development Permit - 11442 Best Street Staff report dated June 19, 2002 recommending that DP/074/01 be signed and sealed by the Municipal Clerk for property located at 11442 Best Street. 912 Variance Permit - 12409 - 228th Street Staff report dated June .17, 2002 recommending that qualifying property owners be notified of VP/047/0 1 respecting property located at 12409 - 228th Street, and that the matter be considered by Council at the July 23rd meeting. Council Meeting Agenda. July 9, 2002 Council Chamber Page 5 of6 Financial and Corporate Services (including Fire and Police) 931 Public Private Partnerships Staff report dated June 20, 2002 recommending that the Public-Private Partnership Policy and Handbook be adopted. 932 Disbursements for the month ended May 31, 2002 Staff report dated June 12, 2002 recommending that the disbursements listed for the month ended May 31, 2002 be approved. Community Development and Recreation Service - NIL Correspondence. All other correspondence items were dealt with at the Committee of the Whole Meeting. Other C'ommittee Issues - NIL 1000 STAFF REPORTS 1098 MAYOR'S REPORT 1099 COUNCILLORS' REPORTS 1100 OTHER MA TTERS DEEMED EXPEDIENT Council Meeting Agenda July 9, 2002 Council Chamber Page 6 of 6 1200 NOTICES OF MO TION 1300 ADJOURNMENT 1400 QUESTIONS FROM THE PUBLIC QUESTION PERIOD The purpose of the Question Period is to provide the public with an opportunity to seek clarification about an item on the agenda, with the exception of Public Hearing by-laws which have not yet reached conclusion. Council will not tolerate any derogatory remarks directed at Council or staff members. If a member of the public has a concern related to a Municipal staff member, it should be brought to the attention of the Mayor and/or Chief Administrative Officer in a private meeting. The decision to televise the Question Period is subject to review. Each person will be permitted 2 minutes only to ask their question (a second opportunity is permitted if no one else is sitting in the chairs in front of the podium). The total Question Period is limited to 15 minutes. If a question cannot be answered, it will be responded to at a later date at a subsequent Council Meeting. Other opportunities to address Council may be available through the office of the Municipal Clerk who can be contacted at (604) 463-5221. Checkep: Date: Corporation of the District of Maple Ridge 11995 Haney Place, Maple Ridge, B.C. V2X 6A9 Telephone: (604) 463-5221 Fax: (604) 467-7329 MAPLE RIJKIE E-mail: enquiries@mapleridge.org www.mapleridge.org Incorporated 12 September, 1874 June 13, 2002 File No.: 0220-20 Ms. Loretta Stanbury 12711 -227B Street Maple Ridge, B.C. V2X 2Z4 Dear Ms. Stanbury: Further to our telephone conversation of today's date, this will confirm our invitation, specifically to your daughter Allison, but most certainly open to your family and friends, to attend the Council Meeting of the Maple Ridge Municipal Council on Tuesday, July 9, 2002. Mayor Al Hogartlrhas been requested, and is honored to accept with pleasure, to present a Certificate of Commendation from the Governor General of Canada to Allison for her act of bravery in saving a young boy from drowning in Whonnock Lake in July of last year. The Council Meeting will be held in the Council Chamber of the Maple Ridge Municipal Hall, located at 11995 Haney Place and commences at 7 p.m. Please feel free to contact Ceri Mario or myself if you require any additional information. I would like to add my personal congratulations to Allison. As parents you must be very proud of her, as is the community. Y ur truly, 7 Jo-Anne Hertzog Assistant Municipal Clerk /jh C.C. Confidential Secretary Receptionist "Promoting a Safe and Livable Community for our Present and Future Citizens" 3u1. - 100% Recycled Paper CORPORATION OF THE DISTRICT OF MAPLE RIDGE DEVELOPMENT AGREEMENTS COMMITTEE MINUTES July 2, 2002 Mayor's Office PRESENT: Mayor Al Hogarth Chairman Jim Rule, Chief Administrative Officer Member 1. RZ/062/00 LEGAL: LOCATION: OWNER: REQUIRED AGREEMENTS K. Kirk, Recording Secretary Lot 1, District Lot 276, Group 1, Plan 15789, NWD Except Part Dedicated Park 20544 Powell Avenue Winstar Developments Ltd. Restrictive Covenant - Building Form THAT THE MAYOR AND CLERK BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENT AS IT RELATES TO RZ/062100. CARRIED Jim Rule, Chif Administrative Officer Member I / 9402. 3 H P139 — — P 3359 EP 8621 04 H J (ç POWELLVE cn In / 2 SUBJECT PROPERTY 1 VE '2 \,,Z 1 i \ A B C -\ P 72860 Ln Oil 18 I 15789 12555 (0 2 cli C) 12562 •LL 3 2 i,pa 1 12545 12550 —J LMP22302 - 12491 16 L 204 ST 3 ---- 12555 21 2488 5 12525 12 6 7 8 9 Ri. •2 2 1213 CL 1 1 205 ST 1 - vds 25 12 ,. 125 AVE 10\ 6 30 (1) 7 16 LMP 22302 12438 12455 20489 18 1 PARK '— rT 29 38 37 \.___—; \ 2 P75346 I D\76_____ 12444 20493 3 h5 —fl3-i1 \ I P 74 161 1 1 \ LMP 12298 1 \ 4 P 77 60 8 1 1 5 6 8 L1 ii_ P 76O' 1 24A AVE - — - I —i 1 24A AVE 9i 12411 ' 27 The Corporation of the District of Maple Ridge 12409 C/) 6 7 8 I ________ 28 makes no guarantee regarding the accuracy or • 22 I 12385 ' present status of the information shown on / \ _______ 7 \ ____ i LMP 12298 26 o . .is map. \_20324 I 12401 C) ('4 / ___________________ __________________ 1237-i 36 Winstar Developments Ltd. N / 20544 Powell Avenue o SCALE: 1:2,500 KEY MAP _____ DATE: Jul 2 2002 FILE: RZ/062100 BY: RS 2F ALOUETTE RIVER MANAGEMENT SOCIETY P0 Box 21117, Ridge Post Office Maple Ridge, BC V2X 1P7 Telephone: 604467-6401 Fax: 604467-6478 E-mail: arms@telus.net Subject: Agenda for July 9/2002 Council Meeting Human/Bear Conflicts in Maple Ridge Presenters: John Wieczorek Provincial Coordinator British Columbia Conservation Foundation Bear Aware Program Caresse 011enberger Environmental Technician Alouette River Management Society Status of black bear conflicts in Maple Ridge > Overview of current research > Solutions/Recommendations > Financial requirements for a Regional Education Coordinator ARMS Education Programs and Partnerships Presenter: Sabrina Aven Education Coordinator Alouette River Management Society > Watershed Education Tour - Overview and Future Directions > Watershed Works Program - Overview and Future Directions > New Parks and Leisure Partnership and Summer Camp Programs - Overview MON2 _4 MAPLE RIDGE L1S! IV, CORPORATION OF THE DISTRICT OF MAPLE RIDGE BY-LAW NO. 6034 - 2002 A By-law to authorize the establishment of a portion of a highway and close another portion of a highway. WHEREAS, pursuant to Section 527 of the Local Government Act, the Council may authorize the establishment of a portion of a highway and close a portion of a highway to traffic in connection with a construction or maintenance project on or adjacent to the highway. NOW THEREFORE, the Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: This By-law may be cited for all purposes as "Maple Ridge Highway Establishment & Closure By- law No. 6034 - 2002". Attached hereto and forming part of this By-law is a copy of Reference Plan dated the 8th day of March, 2002 and prepared by G.A.Rowbotham, B.C.L.S. and marked as Schedule "A". The Municipal Council is hereby authorized to stop and close to public traffic and cease forever to be public highway the following lands: A 506m2 strip of road dedicated on Plan 2987, District Lot 222, Group 1, N. W.D., identified as Parcel "B" on the aforementioned reference plan; and a 53.2m2 strip of road dedicated on Plan 9801, District Lot 278, Group 1, N. W.D. identified as Parcel "C" also on the aforementioned reference plan; and further the Municipal Council is hereby authorized to establish the following lands as highway: That portion of Lot 2, Plan 9529, District Lot 222, Group 1, N. W.D., comprised of 1872.1 m2 identified as Parcel "A" on the aforementioned reference plan. The MunicipaLCouncil, before adoptin.g this B-y-ia.w, shall cause Public Notice of its intent-ionto do so, to be given by advertisement in a newspaper at least 30 days before adopting the by4aw. An opportunity shall be given to persons who consider they are affected to make a representation to Council. The Mayor and Clerk are hereby authorized to execute any and all deeds of land and plans necessary to effect the aforesaid. By-law No. 6034 - 2002 Page (2) READ a first time the 28th day of May, 2002. READ a second time the 28th day of May, 2002. READ a third time the 28th day of May, 2002. RECONSIDERED AND ADOPTED the day of MAYOR CLERK Attachment: Schedule "A SCHEDiLE "A" Lu BY-LAW NO. 6034-002 REFERENCE PLAN TO ACCOMPANY THE DISTRICT OF MAPLE RIDGE HIGHWAY ESTABLISHMENT PLAN LMP AND CLOSURE BY—LAW No. 6034-2002 OF A PORTION OF ROAD DEDICATED ON PLAN 2987 AND PART OF LOT 2, PLAN 9529 BOTH OF DISTRICT LOT 222, Gp. 1 AND A PORTION OF ROAD DEDICATED ON PLAN 9801 DISTRICT LOT 278 GROUP 1, ALL OF N.W.D. PURSUANT TO SEC. 535 LOCAL GOVERNMENT ACT REM. 24 REM. 23 • (rcr!'. - I 1 C PCt. A DEWDNF.y TRUNK ROAD I IG --'---------.--------------.—.------ ---.-- ---.- .__J 3011 -•-.. ., OIM *31)0 t IGW!0 .051 .. 11O5Q '!i 119th AVENUE : '• —.. I - - SCALE- 1750 I . l •- ' I DL. 222 GROUP I I D.L. 278 GROUP I 75 1--.---.----.-----.----------............................ PCL. ONE I I - --------- ,:-------------_._ :23256 .. I -- I — 49 tOUGHEr . ----- . -_._. HIGH - —•tG _-_- - *tOTt 0 I —. .. .5 - . ,.. CR745 112: 020 0*Gf1 4! MGI I420GI9II, 1C0GIP,PG 11' -. t*. .24 ;-.Al *cr- N *AV Wf o: s'.o-o o&s I0-,i'f ON • 51412'TS - --- -. /- PIJ. • -- rtA ritif rc viw 94.2*1 * . NG 1M M C00: :GIO NIXAA.O'941 fl4TV0 Mi.!It, !'1) ,4* -- MAPI$ RGE CORPORATION OF THE DISTRICT OF MAPLE RIDGE BY-LAW NO. 6036-2002 A By-law to regulate Kennels or other places where the keeping, training, care, breeding or boarding of dogs is carried out. WTHEREAS under the provisions of Section 703 of the Local Government Act, Council may, by by- law regulate or prohibit kennels or other places for the keeping, training, care, breeding, treatment, hospitalization or boarding of dogs, cats, fur bearing animals or other animals, whether domesticated or undomesticated. NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: CITATION This by-law may be cited for all purposes as the "Maple Ridge Kennel Regulation By-law No. 6036- 2002". "Maple Ridge Kennel Regulation By-law No. 3329-1983" and amendments thereto are hereby repealed in their entirety. DEFINITIONS Boarding means to feed, house, and care for a dog for a fee. Breeding means the process of mating Dogs to produce, by deliberate selection, offspring for the purposes of sale or remuneration. Dog means any animal of the canine species, over the age of four months. Impervious means through which water will not pass. Kennel means a use accessory to a residential use or agricultural use, as defmed by Maple Ridge Zoning Bylaw No. 3510-1985, for the accommodation of more than 3 dogs in a building, structure, compound, pen or cage, or on a property. For the purpose of this By-law, "Kennels" shall be classified as follows: Commercial Kennel means- a Kennel limited to the keeping, training, Breeding and Boarding for remuneration or for the purposes of sale, of the number of dogs specified in the licence and not to exceed a density of fifty (50) dogs per site. Hobby Kennel means a Kennel limited to the keeping of not more than five (5) dogs, provided the dogs are owned by the licenced Kennel operator and shall specifically exclude the Breeding or Boarding of any dogs. Municipal Pound means the dog pound operated by or for the Corporation of the District of Maple Ridge under provisions of the Maple Ridge Dog Pound and Dog Control By-law No. 4524-1991. Poundkeeper means the person or persons appointed from time to time by the Council, to be poundkeeper, or the authorized agent of any corporation or society with whom the Council has an By-Law No. 603 6-2002 Page2 - agreement to act as poundkeeper, or any other person or persons that Council may authorize to assist the poundkeeper. Whelping Area means an area where a dog gives birth to its young. GENERAL REGULATIONS 1. A Kennel shall be permitted only in the A-i (Small Holding Agricultural), A-2 (Upland Agricultural), A-3 (Extensive Agricultural) and RS-3 (One Family Rural Residential)zones. 2. A Kennel located within the Agricultural Land Reserve shall require approval by the Land Reserve Commission; a Special Case application will need tobe made directly to the Land Reserve Commission. 3. No person shall own, keep, harbour or have in his possession any dog unless a licence has been obtained pursuant to the terms of the Maple Ridge Dog Pound and Dog Control By-law No. 4524- 1991. 4. No person or persons shall own, keep, harbour or have in their possession more than three (3) dogs over the age of four (4) months per lot as defmed in the Maple Ridge Zoning By-law No. 3510- 1985, unless a licence or permit has first been obtained pursuant to this By-law. 5. Every owner or operator of a Kennel shall: provide each dog with clean, potable drinking water at all times and suitable food of sufficient quantity and quality to allow for normal growth and maintenance of normal body weight; ensure that food and water receptacles are kept clean and disinfected and located so as to avoid contamination by urine and other excrement; provide the opportunity for periodic exercise sufficient to maintain good health, including the opportunity to be unfettered from a fixed area and exercised regularly under appropriate control; provide necessary veterinary medical care when a dog exhibits signs of pain, illness or suffering; provide each dog-with clean bedding material and an area maintained at a temperature warm and dry enough so that no dog will at any time be in discomfort due to chill or dampness; (1) ensure that the Kennel be kept, at all times, in a clean and sanitary condition, and free from vermin and rodents; ensure that the Kennel be kept free of urine and other excrement and be kept regularly disinfected and free of offensive and disagreeable odours; and not permit or cause a dog to be unattended or uncontrolled in an exterior run in a Kennel between the hours of 9:00 p.m. and 7:00 a.m. 6. Animal Waste (a) It is the responsibility of every owner or operator of a kennel to dispose of dog excrement inaccordance-with the provisionsoLth&WasteManagementAct.. By-Law No. 603 6-2002 Page3 (b) Commercial Kennel operations located on properties serviced by the sewage disposal system of the Municipality are required to hook up to this system in order to dispose of dog excrement. (c) For a Commercial Kennel operation in an area where the public sewage disposal system is not available, proper disposal of dog excrement must be achieved in one of two ways: Installation of a septic tank, separate from the domestic system. Such systems must be inspected and receive a permit from the Environmental Health Officer; Installation of a holding tank which will store the excrement. The stored excrement shall be picked up and taken for disposal at least once a week to a landfill or other facility authorized to take such waste. The owner or operator of the Commercial Kennel shall disclose to the operator of the disposal facility as to the nature of the material to be disposed prior to its disposal. (d) With respect to Hobby Kennels, in addition to the requirements set out in Section 6(a) above, it is required that: The dog excrement be collected at an interval of not less than once daily, placed and stored in a solid rigid container lined with a double layer of plastic garbage bags. While being stored the container shall have a lid on it and not be located closer than 9 metres (29.52 feet) to a neighbouring property line. ii. The dog excrement be taken for disposal at least once a week to a landfill or other facility authorized to take such waste. The owner or operator of the Hobby Kennel shall disclose to the operator of the disposal facility as to the nature of the material to be disposed prior to its disposal. The outside perimeter of all areas of a Kennel where animals are kept shall be enclosed by a solid fence at least 1.83 metres in height, constructed of wood, masonry, stone, or concrete. All buildings and runs shall be kept in good repair at all times. Kennels shall at all times be under the direct control of a responsible adult. Kennels shall not be operated in a manner which creates a nuisance to anyone occupying property in the vicinity. No person shall operate or maintain, or permit to be operated or maintained, any Kennel within the Corporation of the District of Maple Ridge, unless all applicable District By-laws are being adhered to. The provisions of this By-law shall not apply to the Municipal Pound operated by or for the Corporation of the District of Maple Ridge. COMMERCIAL KENNELS A Commercial Kennel shall not be permitted unless all inspections have taken place and the applicable permits have been issued by the Manager of Inspection Services. A Commercial Kennel shall be permitted only on parcels of 4 hectares or more in area. All buildings and structures for a Commercial Kennel shall be sited in accordance with Maple Ridge Zoning Bylaw No. 35 10-1985, as amended. By-Law No. 603 6-2002 Page 4 For each dog kept, there shall be an interior pen not less than 1.5 square metres in area except that the size of not more than 50% of the total number of pens may be varied to accommodate larger or smaller dogs provided the average size of all pens is maintained at 1.5 square metres. For each dog kept, there shall be an exterior run not less than 3.72 square metres in area except that where pen sizes are varied in accordance with Section 17 above, the nm sizes may be varied in the same proportion. A service corridor of not less than 1.2 metres in width shall be provided adjacent to interior pens. Whelping areas at a ratio of one pen per twenty dogs but in no case fewer than one shall be provided in a location completely separated from the balance of the kennel. A whelping pen shall be not less than 1.85 metres in area. Isolation pens shall be provided at a ratio of one pen per ten dogs but in no case fewer than one such pen shall be provided. An isolation pen shall be not less than 1.85 square metres in area. Minimum ceiling height shall be 2 metres except that in any area to which the general public has access the minimum ceiling height shall be 2.13 metres. Floors shall be constructed of a readily cleaned impervious material and designed and constructed to provided adequate slope to approved drains. Walls shall be surfaced with impervious material to a height of 0.91 metres and shall separate all pens. Wire mesh shall be provided between the solid walls and the underside of the ceiling. All pens shall be provided with natural light and ventilation equal to 10 percent of floor area for ventilation. Exterior walls and ceilings shall provide reasonable soundproofmg. HOBBY KENNELS A Hobby Kennel shall be permitted only on parcels of 0 .8 hectares or more in area. All buildings and structures for a Hobby Kennel shall be sited in accordance with Maple Ridge Zoning Bylaw No. 35 10-1985, as amended. Every owner or operator of a Hobby Kennel shall: ensure that each dog shall have space for adequate exercise either within the Kennel or adjacent thereto; provide a shelter for each dog that provides sufficient space therein for the dog to stand and lie in comfort; ensure the provision of natural light and ventilation; ensure that all buildings and structures be constructed to prevent the escape of any dog being kept; and not accept any dog from any other person for the purpose of Boarding, Breeding, harbouring, training, or keeping for any purpose. By-Law No. 603 6-2002 Page 5 All persons operating a Commercial Kennel shall obtain an annual Business Licence and pay an annual Business Licence fee as required under Maple Ridge Business Licence By-law No. 2542- 1978, as amended. All persons operating a Hobby Kennel shall obtain an annual permit and pay an annual permit fee of ten dollars ($10.00), such fee being due and payable on or before the last day of February of any year. All persons operating a Commercial Kennel shall maintain a registry of all dogs boarded. Where a dog over the apparent age of four (4) months is accepted for Boarding and the owner is a resident of Maple Ridge, a notation shall be made in the Registry of the licence number of the dog The Poundkeeper, Building Inspector or Bylaw Enforcement Officer of the District of Maple Ridge or any Peace Officer is hereby authorized and empowered to enter at all reasonable times upon any property to ascertain and ensure that the provisions of this Bylaw are being complied with. Reasonable effort shall be made by the Poundkeeper, Building Inspector, Bylaw Enforcement Officer or Peace Officer to contact the owner/operator of the Kennel prior to entering on the property. PENALTY Any person who violates any provisions of this By-law, or who suffers or permits anything to be done in violation of this By-law, is guilty of an offence and shall, upon summary conviction thereof, be liable to a penalty not exceeding the maximum provided under the Summary Conviction Act, and not less than fifty dollars ($50.00), and may have his/her licence suspended. If any section or lesser portion of this By-law is held invalid, it will be severed and the validity of the remaining provisions of the By-law will not be affected. READ a first time the day of , A.D. 200. READ a second time the day of , A.D. 200. READ a third time the day of , A.D. 200. RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200. MAYOR CLERK Q_1_- i Abos MAPLE RUXE CORPORATION OF THE DISTRICT OF MAPLE RIDGE BY-LAW NO. 6044-2002 A By-law to further amend Maple Ridge Zoning By-law No. 3510 - 1985 and amendments thereto. WHEREAS it is deemed expedient to amend Maple Ridge Zoning By-law No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: This by-law may be cited as "Maple Ridge Zone Amending By-law No. 6044- 2002". Part 2, Interpretation, is amended by: deleting the reference to "the keeping of dogs" from the defmition of Agricultural. adding the following defmitions in correct alphabetical order: BREEDING means the process of mating Dogs to produce, by deliberate selection, offspring for the purposes of sale or remuneration. COMMERCIAL KENNEL means a Kennel limited to the keeping, training, Breeding and Dog Boarding for remuneration or for the purposes of sale, of the number of dogs specified in the licence and not to exceed a density of fifty (50) dogs per site. DOG means any animal of the canine species, over the age of four months. DOG BOARDING means to feed, house, and care for a Dog for a fee. HOBBY KENNEL means a Kennel limited to the keeping of not more than five (5) dogs, provided the dogs are owned by the licenced Kennel operator and shall specifically exclude the Breeding or Dog Boarding of any Dogs. KENNEL means a use accessory to a residential use or agricultural use for the accommodation of more than 3 dogs in a building, structure, compound, pen or cage, or on a property. Part 5 Agricultural Zones, Section 501 is amended by adding the following Subsections: Commercial Kennel (subject to Section 502) Hobby Kennel Part 5 Agricultural Zones, Section 502 is amended by adding the following as Subsections: (12) A Commercial Kennel shall be permitted in the A-i, A-2, and A-3 zones subject to the following regulations: (a) a use shall not be permitted on a lot less that 4 hectares in area; By-Law No. 6044-2002 Page 2 shall only be permitted upon issuance of a licence issued pursuant to Maple Ridge Business Licence By-law No. 2542-1978; where such a use is proposed for land subject to the regulations of the Agricultural Land Commission Act, the approval from the Land Reserve Commission shall be obtained before the issuance of a licence required by subsection (b); and all buildings shall be sited in accordance with the requirements of this Part. (13) A Hobby Kennel shall be permitted in the A-i, A-2, and A-3 zones subject to the following regulations: a use shall not be permitted on a lot less that 0.8 hectares in area; shall only be pennitted upon issuance of a permit issued pursuant to Maple Ridge Kennel Regulation By-law No. 6036-2002; where such a use is proposed for land subject to the regulations of the Agricultural Land Commission Act, the approval from the Land Reserve Commission shall be obtained before the issuance of a permit required by subsection (b); and all buildings shall be sited in accordance with the requirements of this Part. Part 5 Agricultural Zones, Section 503 is amended by adding the following Subsections: (5) Buildings and structures for a Commercial Kennel: Irrespective of other provisions of this By-law, shall not exceed a lot coverage of 20%; Shall not exceed a height of 11 metres; Shall be sited not less than: 30 metres from the front and exterior side lot line; 30 metres from all wells and streams; 15 metres from the rear and side lot lines and from any building used for residential use situated on the parcel of land on which the Commercial Kennel is located; and 91 metres from any building used for a residential use on any adjacent property. See Schedule "E" for an illustration of the siting requirements for a Commercial Kennel. (6) Buildings and structures for a Hobby Kennel: Irrespective of other provisions of this By-law, shall not exceed a lot coverage of 20%; Shall not exceed a height of 11 metres; Shall be sited not less than: i) 30 metres from the front and exterior side lot line; iii) 15 metres from the rear and side lot lines; and By-Law No. 6044-2002 Page 3 91 metres from any building used for a residential use on any adjacent property, unless the Hobby Kennel is located within the principle residential dwelling. See Schedule "F" for an illustration of the siting requirements for a Hobby Kennel. 6. Part 6 Residential Zones, Section 601 Subsection A is amended by inserting the following in the list of Permitted Uses: "Hobby Kennel RS-3". VA Part 6 Residential Zones, Section 601 Subsection B is amended by adding the following: (14) A Hobby Kennel shall be permitted in the RS-3 zone subject to the following regulations: a use shall not be permitted on a lot less that 0.8 hectares in area; shall only be permitted upon issuance of a permit issued pursuant to Maple Ridge Kennel Regulation By-law No. 6036-2002; where such a use is proposed for land subject to the regulations of the Agricultural Land Commission Act, the approval from the Land Reserve Commission shall be obtained before the issuance of a permit required by subsection (b); and all buildings shall be sited in accordance with the requirements of this Part. El! Part 6 Residential Zones, Section 601 Subsection C is amended by adding the following: (16) Buildings and structures for a Hobby Kennel: Irrespective of other provisions of this By-law, shall not exceed a lot coverage of 10%; Shall not exceed a height of 9.5 metres; Shall be sited not less than: 30 metres from the front of the property and from all wells and streams; 15 metres from the rear and side lot lines; and 91 metres from any building used for a residential use on any adjacent property, unless the Hobby Kennel is located within a building used for a residential use. See Schedule "F" for an illustration of the siting requirements for a Hobby Kennel. 9 Maple Ridge Zoning Bylaw No. 3510-1985 as amended, is hereby amended accordingly. READ a first time the dayof ,A.D.200. PUBLIC HEARING held the day of , A.D. 200. READ a second time the day of , A.D. 200. READ a third time the dayof ,A.D.200. By-Law No. 6044-2002 Page 4 RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200. MAYOR CLERK RE HIGH ND KENNEL S LOCATION OF COMMERCIAL KENNELS SCHEDULE "E" SETBACK A: 30 METRES FROM THE FRONT OF THE PROPERTY AND FROM ALL WELLS AND STREAMS. SETBACK B: 15 METRES FROM THE REAR AND SIDE LOT LINES AND FROM ANY BUILDING USED FOR RESIDENTIAL USE SITUATED ON THE PARCEL OF LAND ON WHICH THE KENNEL IS LOCATED. SETBACK C: 91 METRES FROM ANY BUILDING USED FOR A RESIDENTIAL USE ON ANY ADJACENT PROPERTY. RE HIGH ND KENNEL S LOCATION OF HOBBY KENNELS SCHEDULE"F" IF SETBACK A: 30 METRES FROM THE FRONT OF THE PROPERTY AND FROM ALL WELLS AND STREAMS. SETBACK B: 15 METRES FROM THE REAR AND SIDE LOT LINES. SETBACK C: 91 METRES FROM ANY BUILDING USED FOR A RESIDENTIAL USE ON ANY ADJACENT PROPERTY, UNLESS THE HOBBY KENNEL USE IS LOCATED WITHIN A BUILDING USED FOR A RESIDENTIAL USE 57~6)_o ~~ CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: His Worship Mayor Al Hogarth DATE: June 10, 2002 and Members of Council FILE NO: E01-035-001.2 FROM: Chief Administrative Officer ATTN: C of W - PW & Dev. SUBJECT: 21" Annual Haney-Harrison Road Relay EXECUTIVE SUMMARY: BC Athletics is requesting from Council permission to use Municipal Streets for the 21" annual Haney- Harrison Road Relay on Saturday November 2, 2002. Authorization from Council is required to allow the relay to occur in Maple Ridge. RECOMMENDATION(S): That BC Athletics (the organizers) be authorized to use Municipal Streets on Saturday November 2, 2002 for their 21" annual Haney to Harrison Road Relay, provided the conditions outlined in the report dated June 10, 2002 of the Chief Administrative Officer are met. DISCUSSION: Background: From time to time the Municipality Is requested to allow the use of Municipal Streets for organized events. Unless there are some unusual safety implications, approval is usually given on condition that the Municipality be indemnified against any liability for injury or damage resulting from the event. The conditions of approval of the event are attached as "Schedule A". The Haney to Harrison run is a race that begins in Maple Ridge at Brown Avenue west of 224 Street and finishes in Harrison. The race begins at 6:30 am and the last runner is expected to leave by 7:30 am. The event is sanctioned by the BC road running division of BC Athletics. Because this race transcents municipal boundaries, the organizers are advised that all municipalities and the Ministry of Transportation will be named as co-insured on the insurance policy. Strategic Plan: Permitting of Maple Ridge streets events allows the District to manage road infrastructure and associated risks but yet allows events that promote community development and highlight Maple Ridge's natural and built features. Citizen/Customer Implications: Permission to use streets may cause some delays and inconveniences to other road users. However, traffic control will be provided by the race organizers. 902. Governmental Implications: The road use permit establishes that the race organizer must obtain the approval of RCMP, for traffic control and must notify the Fire Department and BC Ambulance Services as well a coordinate with Coast Mountain Bus Company (transit services). Business Plan Implications: The Business Plan recognizes that the District processes requests for use of municipal streets as part of its services. The financial impacts of the specific road use is limited to staff processing efforts. Policy Implications: Permission to use municipal streets is grantable under the District's policy practices. Alternatives: The District could refuse to permit the race to occur at this location. In this event, the race organizer may wish to select another location within or outside the municipality. However, this event has a history in this community. CONCLUSIONS: From time to time, the District is requested to allow the use of streets for various events and activities. The Haney to Harrison road'lay has been held in prior years in Maple Ridge and the organizers have requested prmissiln to hold thvent on District streets for 2002. Prepared by: Andrew Wood, M.Eng., P.Eng., Municipal Engineer ApprOvedby: /Firafik Qtilnn,MBA,PEng.,PMP GM: Public Works & Development Services Schedule 'A' To Council Memorandum Dated June 10, 2002 21 St Annual Haney - Harrison Road Relay Condition of Approval Approval for the event is given on condition that the organizers: traffic control plan must be authorized by the R.C.M.P, a copy of the plan with a R.C.M.P. signature must be delivered to the Engineering Department prior to the event; notify local Fire Department, and Ambulance Services of the event; make arrangements with Coast Mountain Bus Company (formally BC Transit) for any required rerouting of buses; advertise the event in a local newspaper and notify all surrounding businesses and residents of the event (a minimum of one week prior to the event date); hold and save harmless the Corporation from and against all claims, and damages arising out of or in any way connected with the event; obtain and maintain during the term of this event a comprehensive general liability insurance policy providing coverage of not less than $5,000,000.00, naming the Corporation as an additional named insured. A copy of such policy shall be delivered to the Corporation prior to the event; refurbish all municipal infrastructure toan equal or better condition than that which existed prior to the event, all within 24 hours of the completed event, to the satisfaction of the District of Maple Ridge; The Corporation of District of Maple Ridge reserves the right to withdraw this permission to use Municipal Streets should the organizers fail to comply with the above requirements. S Chief Administrative Officer ' n-yodl - CORPORATION OF THE DISTRICT OF MAPLE RIDGE PY TO: His Worship Mayor Al Hogarth DATE: June 18, 2002 and Members of Council FILE NO: E01-035-001.2 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: Caribbean Street Festival PURPOSE: A request has been received from the Caribbean Festival Committee to use Municipal Streets for their second Caribbean Street Festival on Sunday July 14, 2002. The Caribbean Street Festival Committee's goal is to create a unique, lively and colorful street festival that appeals to all ages and walks of life, in an effort to assist in the rejuvenation of the Maple Ridge Town Center. The festival highlights are music and fun of the Caribbean culture, and encouragement of audience singing and dancing participation. RECOMMENDATION: That the Caribbean Festival Committee be authorized to use Municipal Streets for their annual Caribbean Street Festival on Sunday July 14, 2002 provided the conditions outlined in the June 18, 2002 staff report titled Caribbean Street Festival are met. DISCUSSION: Background: From time to time the Municipality is requested to allow the use of Municipal Streets for organized events. Unless there are some unusual safety implications, approval is usually given on condition that the Municipality be indemnified against any liability for injury or damage resulting from the event. The conditions of approval of the event are attached as "Schedule A" It should be noted that the festival organizer has applied to the Liquor Control Board for an outdoor beer garden license. Strategic Plan Permitting of Maple Ridge street events allows the District to manage road infrastructure and associated risks but yet allows events that promote community development and highlight Maple Ridge's natural and built features. Citizen/Customer Implications: The Festival Committee is requesting permission to close 224 Street to vehicle traffic between 119 Avenue and Dewdney Trunk Road from 1pm to 11:00pm. Access for vehicles will be detoured during this time period. -1- di Governmental Implications The road use permit establishes that the festival organizer must obtain the approval of RCMP, for traffic control and must notify the Fire Department and BC Ambulance Services as well as Coordinate with Coast Mountain Bus Company (transit service). Business Plan Implications The Business Plan recognizes that the District processes requests for use of municipal streets as part of its services. The financial impact of the specific road use is limited to staff processing effort. Policy Implications Permission to use municipal streets is grantable under the District's policy practices. Alternatives: The District could refuse to permit the event to occur at this location. In this event, the organizer may wish to select an alternative location within or outside the municipality. However, this event has a history in this community. CONCLUSIONS: From time to time, the District is requested to allow the use of streets for various events and activities. The Caribbean Street Festil was held in 2001 in Maple Ridge and the organizers have requested permission to Ipd the event o'kpistrict streets for 2002. Prepared by: A4idrew Wood, M.Eng., P.Eng. ZpaiEn2__ Approved by: F/ank Quinn, P.Eng. GM: Public Works & Development Services i/LI Mike Murray n(iJrative Officer Acting Chief Ad Aw/sa -2- Schedule 'A' To Council Memorandum Dated June 18, 2002 Caribbean Street Festival Condition of Approval Approval for the event is given on condition that the organizers: provide all necessary traffic controls, parking and emergency access acceptable to the R.C.M.P., and the District of Maple Ridge; notify local Fire Department, and Ambulance Services of the event; make arrangements with Coast Mountain Bus Company (formally BC Transit) for any required rerouting of buses; the organizer must obtain the necessary provincial permits for the proposed beer garden; consumption of alcohol beverages in areas other that those approved by the Liquor Control Board during this event is not permitted; advertise the event and give notice of the road closure in a local newspaper and notify all surrounding businesses of the event (a minimum of one week prior to the event date); hold and save harmless the Corporation from and against all claims, and damages arising out of or in any way connected with the event; obtain and maintain during the term of this event a comprehensive general liability insurance policy providing coverage of not less than $5,000,000.00, naming the Corporation as an additional named insured. A copy of such policy shall be delivered to the Corporation prior to the event; obtain the required permission from the business to use their facilities; refurbish all municipal infrastructure to an equal or better condition than that which existed prior ro the event; aTh withTin24 hoursofrthe comp1etedevent;tothe - - -- satisfaction of the District of Maple Ridge; obtain the necessary noise relaxation permit from Licenses, Permits & By-Laws Dept; must maintain access for emergency services to Haney. Place Mall at all times. The Corporation of District of Maple Ridge reserves the right to withdraw this permission to use Municipal Streets should the organizers fall to comply with the above requfrements. -3- Caribbean Street Festival 2002 Sunday, July 14 - Neon to 10 p.m. 224 Street, Maple Ridge Proposal Goal: The Caribbean Festival committees goal is to create a unique, lively and colourful street festival that appeals to all ages and walks of life, in an effort to assist in the rejuvenation of the Maple Ridge downtown core. This festival would highlight the music and fun of the Caribbean cultures, and would encourage audience participation with singing and dancing. Naturally, the safety and security of participants would be a top priority. Date & Time: Sunday, July 14, 2002 - Noon through 10 p.m. Location: On 224 Street between 119 Avenue and Dewdney Trunk Road. The street would be closed to traffic during the festival, except for emergency vehicles. The stage would be set up at the intersection of Macintosh Avenue and 224 Street facing east so that the music could be channeled north and south along 224 Street. Activities: Music will be the main focus of the day's activities, with live acts and DJ music to fill in the breaks. In addition, there will be food vendors and arts and crafts vendors. We are hoping to attract cultural demonstrations and Latin dance classes as well. There will be a beer garden hosted by The Lookout Restaurant directly across from the stage. Each of the businesses within the festival zone will have children's activities. We also hope to attract several Street entertainers (jugglers, theatre, etc.) Funding: Sponsorship for this event will be sought from various businesses and organizations within and without the community. Community Relations: The Caribbean Festival committee has already been in touch with the Maple Ridge Festivals Society and will continue to act under its auspices. The Caribbean Street Festival would Fall half way between the community's Canada Day celebration and the annual Maple Ridge Jazz & Blues Festival, creating a continuum of entertainment options For the community starting July 1 and going until the end of August. It is our expectation that the Caribbean Festival will provide a vital link in a chain of similar community festivals stretching from May 1 through October 31 each year. The Caribbean Street Festival will also afford local businesses the opportunity to promote themselves either through participation and/or sponsorship. In addition, it is expected that they would take advantage of the opportunities afforded in having a large gathering of people outside their doors. Fraser Street M:tt:daW:to.I:.:::::::::::::::::.:::::::::::::::::. : e!Ice! :ft :::: : : : : : :: :: : : :: : : : : :: :: :: : : : • : : -: : :• : : : : : : : : : : :• : : : :• : -: : : -: : : -: : : : : : : :• : : Beer Jf & Garden •.'Secrnity, • • Vendors : Vendors I j 224St. I----------------------------I -Vendors I I I----------------------------------------- ----------------------------------------------- -...... Vendors Vendors ................ _IJ_ CD ft CD .............................. ............................. PS- CD •: • : • • : • : : • • • : • • • • • • • • • • • I I ii Van I Vendors I: - I I I Vendors Vendors Stage — II — I I — II — II Entertainer parking Macintosh Ave I I Buildings or park Sidewalks Special fstival setup locations Medians Barricades The map is not drawn to scale as will be perfectly obvious. However, I think it Willdo the trick. Mr-23-2002 11:30am From- 1-467 P.002/004 F-593 FORM 'A' lJetals of.he Ev ent Contact Detai's: AI~4 Ld eFax V I Sketch of Traffic Control PJart rbheo S -re+- Fh'VL 5t) &J cb r ,. i q - ,j CO i4 It L a p t- RCMP concurrence for the proposed Traffic Control Plan icb Oc Vr±(c The ftllowing agencies have been advised and acbiowkdge the event:gjd adS BC MAY 23 2002 Fire Doparme e{ Ambulance Services Other________ WOA' +l&#1t COJ.i+ftL Nb Oi ec ¶E (V Ma-23-2002 ii :29arn From- Royal Canadian Gerciiiierie royaie r Mounted PoUce - du Canada FACSMLE I MESSAGE 1RANSM17TAL ENVO D9JN MESSAGE PAR TELECOPEUR Reenc No. - N0 dø rèf&ence ---------- To Q%Qbet Pf -E INFO. CpL 3. (Brian) Huntington FROM NCO i/c Traffic Section OE - Ridge-Meadows Detahrnent SENDER - aXPEDZTEUR RClFlENT - DE5T1NATA1R F. No. - N0 de téiécopiui - ITeiepnone No. - N° de tor.e Fix. NC. N de télèopiu T&ephoNe. N de tWitphone 1-604-47-7633 - - coirs Total number - ncu Unths one - COMMNTA1RES Ncrbre btal de paes y compr • s oi1e-c PW RE: - j jL ,, - c t Qc rc cpp - T-467 P.001/004 F-593 UNCLAS1F1F0/N0N CLASS. IA III 23 200 Our File Motre n ce doszer 1. Your File - Voe ii I de dossier /C This message is intended for the use of the addressee. Cette oommunicatian esz excluz1vement darinée t la peraonnO A qui eICe Disclosure of message content may breach one or more est adressée. La divuication de sofl coteu peut constituer une infraction laws, it you have received this communication in error, notty une CU piusieurs lois. S voua avez reçu cette communication par erreur, the sender irnrndately by telehorte. vUillez en aviser iMtT14dia'0MeMt V axpdditeur oar téIphone. '9eratr , Opérateur Teieohane No. - N0 cle t,lphone aily No. - N0 quotidie MAY R-E=911_~'~NDaa~ - — 15. .. rz~ I Vmee I Canada 275 lI9-12) (0) 5o/ CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: His Worship Mayor Al Hogarth DATE: June 18, 2002 and Members of Council FILE NO: E01-035-001 .2 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: Maple Ridge Jazz and Blues Festival PURPOSE: A request has been received from the Jazz and Blues Festival Society to use Municipal Streets for their 6th Annual Maple Ridge Jazz and Blues Festival on Sunday, August 4, 2002. Authorization from Council is required to allow the festival to occur in Maple Ridge. RECOMMENDATION: That the Maple Ridge Jazz and Blues Festival Committee be authorized to use Municipal Streets for their annual Jazz and Blues Festival on Sunday, August 4, 2002 provided the conditions outlined in the June 18, 2002 staff report titled Maple Ridge Jazz and Blues Festival are met. DISCUSSION: Background: From time to time the Municipality is requested to allow the use of Municipal Streets for organized events. Unless there are some unusual safety implication, approval is usually given on condition that the Municipality be indemnified against any liability for injury or damage resulting from the event. The conditions of approval of the event are attached as "Schedule A". The Festival Committee is requesting permission to close 224 Street, between 119 Avenue and Dewdney Trunk Road, Fraser Street and McIntosh Avenue from Dewdney Trunk Road to 224 Street and Haney Place and the McIntosh exit from the underground parkade from 7:00 am to midnight. Access for vehicles will be detoured during this time period. The organizers will also be directing traffic at the McIntosh Avenue exit of the parkade. Strategic Plan Permitting of Maple Ridge street events allows the District to manage road infrastructure and associated risks but yet allows events that promote community development and highlight Maple Ridge's natural and built features. -1- AM Citizen/Customer Implications: Permission to use streets may cause some delays and inconveniences to other road users. However, traffic control will be provided by the festival organizers. Governmental Implications The road use permit establishes that the festival organizer must obtain the approval of RCMP, for traffic control and must notify the Fire Department and BC Ambulance Services as well as Coordinate with Coast Mountain Bus Company (transit service). Business Plan Implications The Business Plan recognizes that the District processes requests for use of municipal streets as part of its services. The financial impact of the specific road use is limited to staff processing effort. Policy Implications Permission to use municipal streets is grantable under the District's policy practices. Alternatives: The District could refuse to permit the event to occur at this location. In this event, the organizer may wish to select an alternative location within or outside the municipality. However, this event has a history in this community. CONCLUSIONS: From time to time, the District is requested to allow the use of streets for various events and activities. The Maple Ridge Jazz and Blues Festival was held in Maple Ridge in 1997, 1998 and 1999 and in Pitt Meadows in 2000 and 2001 due to construction in Maple Ridge. The organizers have reauestednermiss%n to hold the event on District streets for 2002. Prepared by: Andrew Wood, M.Eng., P.Eng. - 4 Frank Quinn, P.Eng. M: 1ubIic Works & Development Services Concurrt i ce: Mike Murray / / Acting Chief 4/dmiijlstrative Officer Aw/sa -2- Schedule 'A' To Council Memorandum Dated June 18, 2002 Maple Ridge Jazz and Blues Festival Condition of Approval Approval for the event is given on condition that the organizers: provide all necessary traffic controls, parking and emergency access acceptable to the R.C.M.P., and the District of Maple Ridge; notify local Fire Department, and Ambulance Services of the event; make arrangements with Coast Mountain Bus Company (formally BC Transit) for any required rerouting of buses; the organizer must obtain the necessary provincial permits for the proposed beer garden; consumption of alcohol beverages in areas other that those approved by the Liquor Control Board during this event is not permitted; advertise the event and give notice of the road closure in a local newspaper and notify all surrounding businesses of the event (a minimum of one week prior to the event date); hold and save harmless the Corporation from and against all claims, and damages arising out of or in any way connected with the event; obtain and maintain during the term of this event a comprehensive general liability insurance policy providing coverage of not less than $5,000,000.00, naming the Corporation as an additional named insured. A copy of such policy shall be delivered to the Corporation prior to the event; obtain the required permission from the business to use their facilities; refurbish all municipal infrastructure to an equal or better condition than that which existed prior to the event, all within 24 hours of the completed event, to the sätifätiofl obtain the necessary noise relaxation permit from Licenses, Permits & By-Laws Department; must maintain access for emergency services to .Haney Place Mall at all times. The Corporation of District of Maple Ridge reserves the right to withdraw this permission to use Municipal Streets should the organizers fail to comply with the above requirements. -3- June 16, 2002 Maple Ridge Jazz and Blues Festival 61h Annual Free Festival - August 4 h,2002 District of Maple Engineering Department Aft: Michael Eng Further to our early request for road closure, here is the Traffic Control Plan with RCMP sign off. The event is the annual Maple Ridge Jazz and Blues Festival to be held in Memorial Park on Sunday, August 4, 2002. The road closure request is between 7:00 a.m. and midnight. This will allow time for setup and tear down. The actual event is scheduled between noon and 11:00 p.m. If there is anything further, please do not hesitate to contact me. Regards, J. Dickson Phone: 604.467.7485 Email: infoj azzblues.ca Jazz and Blues Festival 2002 - All day fun for the whole family! 3 2002 FORM 'A' QW ors. Details of the Event Date::nA y ) ' JQooj. Contact Person: i Cc oofsI PhoneO 4' 7- 7','-5Fax Details: q u stl, Qoo4 (mo(,'9L- efl/ç CLU#Se 7iii, - yflIOQ.u/cq, - rM Sketch of Traffic Control Plan: The following agencies have been advised and acbzowledge the event: BC Transit______________________ RW9e.MeadO IiC.M.P Fire Department Ambulance Services________________ Other -- -' a'' 604 73? 3076 P.01/01 JUN-12-200 11 13 SP!,,10 R-T MARKETING LTD Johnston Meier-. Dennis 467-9 7 CERTIFiCATE OF INSURANCE THIS IS TO CERTIFY THAT POLICIES OF INSURANCE AS HEREIN DESCRIBED HAVE BEEN ISSUED TO THE INSURED NAMED BELOW AND ARE IN FORCE AT THE DATE HEREOF: THIS CERTIFICATE IS iSSUED AT THE REQUEST OF: CORP. OF THE DISTRICT OF MAPLE RIDGE • CORP. OF THE DISTRICT OF PITT MEADOWS RIDGE MEADOWS PARKS & LEISURE SERVICES • COMMISSION SCHOOL DISTRICT 42 ABOVE ARE ADDED AS ADDITIONAL INSURED, BUT SOLELY WITH RESPECT TO THE LIABILITY WHICH ARISES OUT OF THE ACT1VITIES 9F THE NAMED INSURED TO WHOM NOTICE WILL BE MAILED IF SUCH INSURANCE IS CANCELLED OR is CHANGED IN $UCH A MANNER AS To AFFECT THIS tERTIFICATE NAME OF INSURED MAPLE RIDGE JAZZ & BLUES FESTIVAL SOCIETY LOCATION AND OPERATIONS TO WHICH THIS CERTIFICATE APPLIES MAPLE RIDGE. B.C. "FESTIVAL" AUGUST 4-51 2002 'Firewolls are excluded unless under the direction of a Icensed pymtechnician - OCTOBER 15, 2002 KIND OF POLICY POLICY NO. INSURERS •• LIM1T OF LIABILITY 3ENERAL LIABILITY AS2423 TCGU INSURANCE COMPANY OF CANADA $5,000,000.00 INCLUSIVE LIMIT BODILY INJURW PROPERTY DAMAGE I 'DEDUCTIBLE $500.00 CV EXTENSION :oss LIABILITY C INCLUDED BJECT TO 30D4 WRIUEN.NO1ICE••OFCANCE1IATION INSURANCE AFFORDED IS SUBJECT TO THE TERMS, CONDffIONS AND EXCLUSIONS OF THE APPLICABLE POLICY. ALL SPORT INSURANCE MARKETING LTD. AUTHORIZED REPRESENTATIVE a #107A- 1i7%AIT TOTAL June 12 2002 Maple Ridge Jazz and Blues Festival 2002 Society August 4th - Memorial Park, Maple Ridge The Maple Ridge Jazz and Blues Festival Society is a non-profit society that promotes exciting live entertainment in the Ridge Meadows area. Our yearly festival is the one of the largest and most successful events in Ridge Meadows and next year hopes to attract 15,000 people. It's an afternoon and evening of great jazz and blues music, outdoors in the glorious summer sunshine with a view of the scenic Golden Ears mountain range. The 2002 Jazz and Blues Festival will be held on Sunday August 4th starting at noon and wrapping up at 11:00pm. As well this year we are planning pre-festival dances and concerts leading up to the main everttThe-man-event-conssts-of -- ........--...._...... .-...... I . ManyJazz and Blues bands on multple stages •Youth Area • Arts and Crafts • Food Vendors . _______ • Millennium Village - features service gró ups from the area • Children c Activities. The Jazz and Blues Festival wants YOU to be a part of next year's event. You can participate in a number of ways: .'- Sponsorship - your cash and in kind support yields great promotional and community support benefits . Prize Donations - your gift for our raffle on event day raises much needed capital - Volunteer - there are many ways you or your associates can volunteer time! A donation from your company to the society would be of great help to keep this fantastic event alive in Ridge Meadows' We greally appreciate any donations that you may have for the community s premier music event. For more information, please call: 604-467-7325 <option 3> or Email: info@jazzblues.ca Because of your support this event will succeed and grow! Thank you! / Jazz and Blues Festival 2002 - All day fun for the whole family! FESTIVAL SOCIETY 'p Maple Ridge Jazz and - SioiiiifpOptions Title Sponsor - open and negotiable Partnership Partnership in the festival would involve helping sponsor the cost of the entertainment and sound production on all stages ($5000.00). A partner would be represented in the following manner. Two page promo in program. -30 thousand copies distributed in Ridge/Meadows area and onsite. • Business logo and name on the banner stretching across Lougheed Highway for the weeks prior to the festival. An estimated 50,000 vehicles pass under this banner every day. • Business logo and name on transit ads (3' x 41 to be displayed on two bus shelters for the four weeks prior to the festival- on Lougheed Highway and the other at 207th and Dewdney Trunk Road. _> Business logo and name on a prominently displayed banner erected on the main stage the day of the event. Other banners supplied by sponsor may be erected as well. > Business logo and name on signs at the festival. > Business logo and name on posters, handbills, and brochures to be distributed all over the Lower Mainland. > Business logo and name on ads in local papers (Times and News and others) and Vancouver Sun/Province papers. > Business name mentioned on the radio in connection with the festival. Special mention during open ceremonies at noon. M.C.s will thank the sponsor throughout the day. • An opportunity to have a free table for promoting your business at the festival. • An opportunity for the sponsor to be present with a festival member to hand out payment to performers. Gold Sponsors: Gold sponsors would also play a leading role in helping support the festival by donating $2000.00 or more to help cover the expenses of the festival. - - A-gold-sponsor wouidbe represented in the fáilowing manner: • One page promo in program. -30 thousand copies distributed in Ridge/Meadows area and onsite. • Business name and logo on all brochures, posters, and handbills pertaining to the festival and all other events and fundraisers. • Business name and logo on ads in the local and Vancouver newspapers • Special thank-you by dignitaries and M.C.'s. • An opportunity to have a free table and location for promoting your business or service at the festival. Jazz and Blues Festival 2602 - All day fun for the whole family! Silver Sponsors -- --SilverSponsorswouidsuppUtheëvëñ onating $500.00 to $1 OOQ.00 to help cover the costs of the festival. Silver sponsors would be represented in the following manner: -- > Half page promo in program. -30 thousand copies distributed in Ridge/Meadows area and onsite. > Business logo and name on distributed brochures and signs at the festival > Business name mentioned on special sponsor ads in the local newspapers to run prior to and again following the event. > Recognition by the M.C.'s. Bronze Sponsors A bronze sponsor's support would be a donation of $200.00 to $500.00. A bronze sponsor would be represented in the following manner: > 1/8 promo in program. -30 thousand copies distributed in Ridge/Meadows area and onsite. - 0 > Business logo and name on distributed brochures and signs at the festival > Business name on sponsor thank-you ads in the local papers to run prior to and again following the events Entertainment Sponsors An entertainment sponsor covers the cost Of the band of their choice. This amount is usually approx. $500.00. An entertainment sponsor would be represented in the following manner: > All promotion for the particular band done by the Maple Ridge Jazz and Blues Society would include yourname and business logo. • Recognition by the M.C. during the band's introduction. • Business name mentioned on special sponsor ads in the local newspapers (one prior, and one following the event). • Business name on signs at the festival. • Space to display promotional items in the sponsorship area. Display supplied by sponsor. Contributing Sponsors A contributing sponsor's support would be a donation of under $200.00. A contributing sponsor would be represented in the following manner: • Business name on signs at the festival • Business.name on brochures being distributed around the Lower Mainland. Sponsors - Sponsorship - can come in many fOrms. If you have a donation of a service or product that would help support the Maple Ridge Jazz and Blues Festival on August 4th, we would gladly represent your business based on negotiated agreement separate from the categories above. Note All Bronze and Entertainment level and higher sponsorships may be eligible to assist in society fundraising ventures on event day, thereby enhancing their exposure. All sponsorships are subject to Society scrutiny and approval. Jazz and Blues Festival 2002 - All day fun for the whole family! Maple Ridge Jazz and Blues Society Festival 2002 August 4th - Memorial Park -• Maple Ridge Greetings from the Maple Ridge Jazz and Blues Society! As we move closer to the 2002 Festival, and the pre-festivai series of concerts and events, we are asking for your support as we move back to 'downtown' Maple Ridge. We are also looking, to form long term alliances with sponsors so we can both receive tangible benefits over the years to come. Here are some of the features & benefits for your business to consider... Features.and Benefits • Returning to the Maple Ridge downtown core •- People are eager to participate! • 6th Annual festival - People are looking forward to this years fun! • Free family event - we need your support to keep it free. • Well over 10,000 attendees expected this year and growing! • Excellent Promotion space - banner space, signage, booths/presentation spaces. • Great community involvement - more businesses getting involved everyday. • Volunteers - over 100 last year. • Approx. 40,000 programs with advertising oppothmities. Compilation CD ROM under production - another avenue for sponsorship! • Media promo, interviews and advertising opportunities • Strong support from cities of Pitt Meadows and Maple Ridge • High caliberentertainment line-up I multiple stages - Sponsorship options! • 40 plus artisans - more than just music for the ears! • 15+ community groups participating. • Children's area with the Sun-Rype Activity Center, Crayola and more • Excellent access and parking in the downtown core. • Many possible satellite venues and opportunities for pre-festival involvement and promotion • Wristband Raffle features sponsors products as fund-raising method What are we looking for? • Cash sponsorships - see attached info for details. • 'In kind' services such as printing, advertising, promotional avenues, tables, chairs, tents, or 'what have you'. • Products and services for the Fund-raising Wrist Band Raffle. Visit www.jazzblues.ca or email: info@jazzblues.ca Please review the attached pages for more info, but remember... We are back in Downtown Maple Ridge this year!!! Jazz and Blues Festival 2002 - All day fun for the whole family! p - CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: His Worship Mayor Al Hogarth DATE: June 24, 2002 and Members of Council FILE NO: 0410-20-06IBCPS FROM: Chief Administrative Officer ATTN: C of W - Fin & Corp SUBJECT: Special Occasion License EXECUTIVE SUMMARY: A request has been received from the Maple Ridge Pitt Meadows Agricultural Association for a Special Occasion License (i.e. Beer Garden) for the 2002 Maple Ridge Fair scheduled for July 26th - 28th, 2002. RECOMMENDATION: That the application from the Maple Ridge Pitt Meadows Agricultural Association by way of a letter dated June 10th, 2002 for a Special Occasion License to hold a Beer Garden at the Albion Fair Grounds as part of the 2002 Maple Ridge Fair be approved as follows: Friday July26, 2002 5:00 pm. - 12:00 Midnight Saturday July 27, 2002 12:00 Noon - 12:00 Midnight Sunday July 28, 2002 12:00 Noon - 6:00 p.m. And further, that the use of the Albion Fairgrounds (Municipal property) for this Special Occasion License be authorized. DISCUSSION: a) Background Context: The Agricultural Association has applied for and been granted approval for Beer Garden Licenses in previous years as part of the annual Maple Ridge Fair events. The Beer Garden has operated in a satisfactory manner with no known problems or complaints. CONCLUSION: The request for 2002 is consistent with previous applications and approval is recommended. A copy of the letter dated June 10th, 2002 from the Maple Ridge Pitt Meadows Agricultural Association requesting approval is attached. Prepared by: Diana Dalton Clerk's Department Approved by: AM Gill, B.B.A, C.G.A, F.R.M j_\Generl Maiiger: Corporate & Financial Services Mike Mutfa Acting Chief /dd Attachment MAPLE RIDGE Pill MEADOWS jug 4 2OO AGRICULTURAL ASSOCIATION P.O. Box 403 Maple Ridge, B.C. V2X 8K9 June 10th, 2002 Terry Fryer Municipal Clerk Corporation of the District of Maple Ridge 11995 Haney Place Maple Ridge, B.C. V2X 6A9 Re: Special Occas•ion License— Maple Ridge Fair Maple Ridge & Pitt Meadows Agricultural Association would like to make application to the Maple Ridge CoUncil for a Special Occasion License for the 2002 Maple Ridge Fair, which is scheduled for July 26 28th, 2002. We request that the following hours of operation for a Beer Garden be approved• Friday 5:00pm - midnight Saturday noon - midnight' Sunday noon - 6:00pm Sincerely, Lorrane Btes Manager CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: His Worship Mayor Al Hogarth DATE: June 26, 2002 and Members of Council FILE NO: E08-016-625 and E08-0 16-626 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: Development Cost Charge Reduction for Subdivisions 26/2002 and 27/2002 EXECUTIVE SUMMARY: A developer proposes to develop two subdivisions at McClure Drive, east of 240 Street. As part of the subdivision servicing, the developer will construct services currently identified in the Long Term Capital Program as development cost charge projects and which are included in Maple Ridge Development cost Charge Bylaw No. 5911-2000, the Bylaw which applies to the subdivision. Therefore, it is appropriate for Council to authorize a reduction of a portion of the Development Cost Charges payable by the developer in the amount of $65,993.00 for subdivision SD 26/02 and $10,280.00 for subdivision SD 27/02. RECOMMENDATION: That with respect to Subdivisions 26/2002 and 27/2002, be it resolved that in view of the necessity for constructing sanitary sewer, drainage, highway and water works on McClure Drive east of 240 Street, the development cost charges payable by the subdivider be reduced by $65,993.00 and $10,280.00 respectively, reflecting the service cost applicable in Development Cost Charge Bylaw No. 5911-2000. DISCUSSION: Background Context: Certain subdivision servicing to be constructed in support of Subdivision 26/2002 at McClure Drive is eligible for development cost charge reduction with respect to Long Term Capital Projects LTC 7517 (sanitary sewer), LTC 7519 (drainage), LTC 3008 (water), LTC 7516 (highway) and LTC 2036 (highway). Similarly, Long Term Capital Project LTC 3008 (water) applies to the water main to be constructed in support of Subdivision 27/2002, thus development cost charge reduction also applies. For both subdivisions, Long Term Capital Project LTC 3008 (water) applies as the water main in the subdivisions will serve as the area supply main in substitution for a water main once envisioned to be along 104 Avenue. Strategic Alignment Forgiveness of development cost charges complies with the Smart Managed Growth element of the Corporate Strategic Plan. The subject subdivisions will be serviced in accordance with applicable standards of municipal bylaws and the municipal infrastructure will be constructed in accordance with current specifications. c) Financial Implications: Subdivision 26/2002 servicing is eligible for development cost charge reduction with respect to Long Term Capital Projects in the following amounts: LTC 7517 Sanitary McClure Drive (241 St. to 244 St.) LTC 7519 Drainage McClure Drive (241 St. to 244 St.) LTC 3008 Water McClure Drive (240 St. to Industrial Ave.) LTC 7516 Highway McClure Drive (Adjacent to Park) (241 St. to 244 St.) LTC 2036 Highway McClure Drive (road oversizing) (240 St. to 248 St.) Total DCC Reduction Amount for SD 26/02 $ 3,570.00 $ 5,049.00 $15,120.00 $17,328.00 $24,926.00 $65,993.00 Subdivision 27/2002 servicing is eligible for development cost charge reduction with respect to a Long Term Capital Project in the following amount: LTC 3008 Water McClure Drive $10,280.00 (240 St. to Industrial Ave.) Total DCC Reduction Amount for SD 27/02 $10,280.00 d) Policy Implications: Division (10) of Part 26 of the Local Government Act, the Development Costs Recovery Section, provides in clause (8) of Section 933, provision for deduction of development cost charges payable by an owner at the time of subdivision. Authorization of development cost charge reduction for Subdivisions 26/2002 and 27/2002 for eligible servicing components identified in the Long Term Capital Program is consistent with municipal practice for addressing this issue. CONCLUSION: In accordance with charges payable by 1 $10,280.00, respecti 2 Preparedby: of Government Act, it is in order to reduce the amount of development cost er of Subdivisions 26/2002 and 27/2002 in the amounts of $65,993.00 and Engineering Reviewed h5: Andrew Wood, M. Eng., P. Eng. MuniEdna1 Engi r 744 Approved by: Yrank Quinn, MBA, P. Eng., P.M.P. Public Works & Delopment Services Concurrence:/ Mike Murray / / / Acting Chief Adinjliistratjve Officer SUBDI VISI ON PROPERTY CORPORATION OF THE N DISTRICT OF MAPLE RIDGE 1 MAPLE RIDGE PLANNING \ I 1ncorported 12 September. 1074 DEPARTMENT DEVELOPMENT COST CHARGE FORGIVENESS SD 26/02 & SD 27/02 JUNE 11/02 1 FILE/DWG No SK 005 SCALE: [~DATE:N.T.S. ____ CORPORATION OF THE DISTRICT OF MAPLE RIDGE sV TO: His Worship Mayor Al Hogarth DATE: June 12, 2002 and Members of Council FILE NO: E08-015-936 FROM: Chief Administrative Officer ATTN: SUBJECT: Rezoning 53/2000 - Royal Canadian Legion Request for Development Cost Charge Rebate Consideration EXECUTIVE SUMMARY: Council can authorize the request for a rebate of development cost charges paid in support of the affordable senior's rental housing building development at 11797 Burnett Street under section 933 (12) of the Local Government Act. The rationale for setting the amount of the rebate is at the discretion of the local government and limited by the amount of the development cost charge paid that in this case is $130,473. The request for $80,000 in rebate is based on the estimated value of the land and construction costs associated with the walkway constructed along the south property line of the development. The land upon which the walkway is constructed remains in the ownership of the property owner and the maintenance considerations are provided for by neans of statutory right-of-way. For this reason, it is recommended that only the construction costs of $40,000 be considered. In light of the housing policies section of the Official Community Plan, the request for a rebate of development cost charges to assist in the provision of not-for-profit rental housing in the community appears to be consistent with the goals and objeciives of the District and therefore, worthy of Council consideration. RECOMMENDATION(S): That Council under section 933 (12) of the Local Government Act, provide assistance for not-for- profit rental housing by authorizing a rebate of $40,000 of highway component development cost charges paid in support of the Royal Canadian Legion building project constructed at 11797 Burnett Street, and That staff be directed to prepare the required development cost charge expenditure bylaw as the authorizing vehicle by which rebate of development cost charges is addressed and further, That staff be directed to prepare a policy that :cothprehensively addresses the application of development cost charges for not-for-profit housing. DISCUSSION a) Background Context: In a letter to the Mayor and Council dated February 15, 2002, Terry Alleyn, the manager of Maple Ridge Branch 88 of the Royal Canadian Legion requested consideration of an $80,000 development cost charge rebate with respect to their senior's housing building project located at 11797 Burnett Street. The Royal Canadian Legion recently constructed an ssisted-living senior's housing project at 11797 Burnett Street. In support of the project, works and services were provided including upgrading of the Burnett Street frontage to an urban servicing standard as well as, the construction of a walkway along the south property line of the site In his letter, Mr Alleyn outlines the history of his discussions with staff in which servicing requirements were identified including that of the walkway. Mr. Alleyn characterizes the walkway works as going well beyond what his understanding of the requirement was at the time and therefore, all costs were not captured in the construction budget for the project. In light of this and given the type of project (assisted-living senior's housing) they constructed, he requests a rebate of $80,000 of the development cost charges that were paid in support of the project. The $80,000 figure is a combination of walkway construction cost and property impact value, the construction portion of which is approximately $40,000. In reviewing the request, staff notes that although works and services were provided, no service was constructed that is development cost charge eligible for reduction or payback consideration. Therefore, payback of development cost charges in whole or in part for servicing specific reasons is not supportable. However, the issue of a rebate of development cost charges is one that may have merit based on the local government's ability under section 933 (12) of t h e Local Government Act, to allow "a local government may provide assistance by waiving or reducing a charge under this section for not-for-profit rental housing." The project in question meets the not-for-profit rental housing test of the legislation. Therefore, Council has the authority to either waive or reduce a devëlopiñeñt cost charge in this case. A review of the development file reveals that the cost assdëiátéd 'ith the walkway construction was estimated by the developer s consultant at $40 000 with the value of land being impacted of an additional $37 500 Desired Outcome(s): The Housing Section (2.2) of the Official Conmiünity Plan includes a subsection entitled Affordable, Rental and Special Needs Housing. The wording of the section and accompanying policies 31-35 speak to the importance of provision of these types of housing and the need to consider innovative approaches to facilitatinR affordable housinR. Staff is mandated to support of policies of the Official Community Plan and given the circumstances of this case, accommodating the developer's request in a reasonable manner appears to be in order. Strategic Alignment: The rebate request may be viewed in the context of the corporate strategic plan's Smart Managed Growth focus area relating too I • Using the Official Community Plan, ens~ur6g`to`WY'h'is managed and establishes a balance of use types that is efficient and enhances the uniquequalityQf1ifejn Maple Ridge. • Develop land use regulations, bylaws, procedures, and practices to implement the Official Community Plan. Citizen/Customer Implications: The walkway is a public facility providing connectivity for both the development in question and the neighbourhood in general. The walkway provides convenient, direct pedestrian link between the residential area east of the Downtown Core and Valley Fair Mall. Interdepartmental Implications: The development cost charges were paid in support of building activity in the Inspection Services Department. The Finance Department having received the funds will have deposited those funds in the appropriate accounts. The highway component of the development cost charges paid is $61,218. To expend (rebate) development cost charges for any reason, Council must first adopt a development cost charge expenditure bylaw that the Municipal Clerk working closely with staff would prepare and forward for Council's further consideration. Business Plan/Financial Implications: Development cost charges for the project were paid (1/3 by cash and 2/3 by letter of credit security) in the amount of $130,473. In addition, a sewer development cost charge in the amount of $20,558 was collected in favour of the Greater Vancouver Sewerage and Drainage District. A rebate of development cost charges would result in a reduction of the applicable DCC reserve account. Policy Implications: The approval of the request for development ost dharge rebate should not be considered totally in isolation but rather, as potentially precedent setting, with respect to future not-for-profit rental housing projects that would also meet the test of the legislation. Although there has been only a limited amount of this type of housing in recent years, the potential exists for more developments of this kind in the future. It is fair to say that similar requests for assistance are to be expected as the community grows. Alternatives: There are policies in place in the Official Community Plan, which support facilitating affordable housing. The Local Government Act allows for reducing development cost charges for not-for-profit housing. However, the District does not have a policy setting direction on this matter. Council could choose to defer consideration of this matter until a policy that comprehensively addresses the merits of waiving or rebating development cost charges under section 933(12) of the Local Government Act is in place. CONCLUSIONS: In light of the housing policies section of the Official Community Plan, the request for a rebate of development cost charges to assist in the provision of not-for-profit rental housing in the community appears to be consi n with the goals and objectives of the Distnct and therefore worthy of Council consideration fl Prepared by: /1f S Development Engineering Reviewed by: Andrew Wood, M. ]•ng., P. Eng.. ,Iunicipal Engineer Frank Quinn, MBA, P. Eng., P.M.P. GM: Public Works & Development Services Conc//rence: Mfle Murray Acting Ch7,i t.rative Officer JSS/jss Page 1 of 2 file://N:\Images\temp\Jeff_photos\May 23 2002\DSCF0001 .JPG 5/23/2002 - The Royal Canadian Legion MAPLE RIDGE BRANCH 88 fEB 202002 T. Pacific Command 12101 - 224th Street, Maple Ridge, B.C. V2X 6B7 Office - 463-5101 Fax -'466-3032 Lounge - 463-9342 zArk S - t J Fax 0 Malt [)Email ~7)ifm tO M 8. C 1111n1utit%u I ilti E(jj o ~ PFuturmqend ep Pro o Staff 10 Respond Dlreriy with a cc. to M& C £1 Other: February 15, 2002 Mayor Al Hogarth and Council, District of Maple Ridge, 11995 Haney Place, Maple Ridge, B.C. V2X 6A9 Dear Mayor Hogarth and Council: "LegionHouse" at 11797 Burnett Street officially opened on January 26, 2002 fulfilling the Legion's mandate to provide affordable assisted-living housing for seniors in Maple Ridge. Non-profit housing enables our local residents access to necessary services that they may not be able to afford otherwise. The cooperation from council, the planning, engineering and building departments was phenomenal. After. the Legion purchased the property at 11797 Burnett Street the Planning Department put forth a requirement that the Legion provide a pathway linking Burnett Street to 228th Street for the convenience and enjoyment of all residents of the neighbourhood. Our initial concept of a simple, narrow pathway did not coincide with the visions of the design panel, planning and engineering departments. The Legion's mental picture was of a narrow, paved path, similar to other walkways in the municipality.. The final product, concrete passageway complete with stamped concrete, lighting, decorative aluminum fencing, drainage, catch basins, retaining walls, planters, and barricades. The pathway also consumed 10% of our property which, in turn, shrunk the foot print of the building. Legion House offers affordable rents that are a minimum of 20% below comparable accoimnodatjon and we do our utmost to keep our costs as low as possible. The walkway was an expense which was not part of our construction budget, especially considering the degree of finishing and detail required by the city. I have been encouraged by the planning and building departments, as well as some members of council, to seek reimbursement for our related expenses and the Legion hereby respectfully requests a .rbate of $80,00 of our development cost charges (we have paid $153,000). This rebate will assist us greatly to provide low cost social housing for seniors in Maple Ridge Thank you for your kind consideration. Yours truly, Terry Alleyn Manager CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: His Worship Mayor Al Hogarth DATE: June 25, 2002 and Members of Council FILE NO: E08-008-001.2002 FROM: Chief Administrative Officer ATTN: COW SUBJECT: Maple Ridge Development Cost Charge Reserve Fund Expenditure Bylaw No. 6043-2002 EXECUTIVE SUMMARY: In order to facilitate the construction and/or implementation of approved 2002 capital projects, Council authorization by means of adoption of Maple Ridge Development Cost Charge Reserve Fund Expenditure Bylaw No. 6043-2002 is required. This action will authorize the expenditure of $2,475,228 from the development cost charge reserve fund for capital works program needs for 2002. RECOMMENDATION(S): That Maple Ridge Development Cost Charge Reserve Fund Expenditure Bylaw No. 6043-2002 be read a first and second time and that the rules of order be waived and that Maple Ridge Development Cost Charge Reserve Fund Expenditure Bylaw No. 6043-2002 be read a third time. DISCUSSION: a) Background Context: To authorize expenditure of $2,475,228 from the development cost charge reserve fund for the approved 2002 capital projects identified below: Project No. Project Description Component 3034 DCC PAYMENT TO JOINT SUPPLY SYSTEM, 2002 Water 7540 132 AVE (237 - 239) Water 7622 GVWD RESERVOIR DEBT PAYMENT 2002 Water 276 MASTER SEWER - DEBT RETIREMENT (2002) Sewage 334 RIVER ROAD @ RIVERBEND Sewage 2998 -250 ST-SANITA-RY PUMP. STAT1ON-UPGRADESewage 3106 250 ST SANITARY WET WELL - PH2 Sewage 7225 GVS & DD CONNECTION - DEBT PAYMENT, 2002 Sewage 7217 SPENCER CREEK DETENTION POND (240/105) Drainage 1199 227 ST (BALABANIAN - 128) Highways 1267 ROAD WIDENING ACQUISITIONS (2002) Highways 2774 122 AVE (220 - 222) Highways 2815 227 ST (650M N OF BYPASS - LOUGHEED) Highways 4193 ALBION INDUSTRIAL PARK CROSSING Highways 6240 232 ST (KANAKA WAY - 112) Highways 7037 112 AVE (236 - 236B) Highways 7478 248 ST (121 - 122) 7479 248 ST (DTR - 121) 7555 COTTONWOOD DR (115- 116) 480 TOWN CENTRE PARK IMPROVEMENT 514 INFRASTRUCTURE REVIEW FOR OCP b) Desired Outcome(s): Highways Highways Highways Park Improvement Government Services 4 To obtain Council authorization for the expenditure of development cost charge funds in support of year 2002 capital projects identified in the Capital Works Program (2002 - 2006) Business Plan. Strategic Alignment: The recommendation supports the District's business purpose of being conmiitted to the effective and efficient delivery of services for our customers and citizens by focusing on; Smart Managed Growth Protecting and managing existing municipal infrastructure through the development of appropriate plans to ensure development, maintenance and renewal of roads, sidewalks, water and sewer systems. Financial Management Providing high quality municipal services to our citizens and customers in a cost effective and efficient manner and, Using a formal, business-planning framework as a means to structure decision-making and guide resource allocation. Safe and Livable Community Developing preventive as opposed to remediation initiatives in the delivery of fire and police services and, Partnering with community groups, assist in the provision of leisure and cultural services to ensure access by all citizens. Citizen/Customer Implications: Facilitation of the capital works program year 2002 capital projects benefits the community through provision of infrastructure, facilitates and third party goods and services. Interdepartmental Implications: Departments and special committees rely on bylaw adoption (authorization) to implement their current year capital projects. Business PlanfFinancial Implications: Maple Ridge Development Cost Charge Reserve Fund Expenditure Bylaw No. 6043-2002 is consistent with both the District's 2002 Capital Works Program Business Plan and Financial Plan Bylaw. g) Policy Implications: Section 935 (5) the Development Costs Recovery section of the Local Government Act (Division 10 of Part 26) in section 935 provides for authority to make payments from the development cost charge reserve fund for capital works. CONCLUSIONS: In order to expend development cost charges from the reserve fund in support of 2002 capital works, Council authorization topxj5d $2,475,228 from the development cost charge reserve fund is required. The vehicle, by whic,l{autho/ization is provided, is the adoption of Maple Ridge Development Cost Charge Reserve Fui4 ExpenI'iture Bylaw No. 6043-2002. Prepared by: S of Dvelopment Engineering Reviewed by. Andrew WoodM. hng., P. Eng. Frank Quinn, MBA, P. Eng., P.M.P. GM: Public Works & Development Services Acting Qhief Ad.jiinistrative Officer JSS/jss CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: His Worship Mayor A. Hogarth DATE: June 19, 2002 and Members of Council FILE NO: RZ/017/99 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: Final One Year Extension Application 11291 236 ST EXECUTIVE SUMMARY: Council granted a one year extension to the above noted application on June 26, 2001. The applicant has now applied for a final one year extension under Maple Ridge Development Procedures Bylaw No. 5 879-1999. This application is for approximately 15 lots under the R-1 Residential District zone. RECOMMENDATION: That pursuant to Maple Ridge Development Procedures Bylaw No. 5879-1999, a one year extension be granted for rezoning application RZ/017199 (property located at 11291 236 ST). DISCUSSION: a) Background Context: Applicant: Owner: Legal Description: OCP: Existing: Proposed: Zoning: Existing: Proposed: Surrounding Uses: North: South: East: West: Ex4sting-Use•-of Property- Proposed Use of Property Access: Servicing: Previous Applications: 375858 B C LTD 375858 B C LTD Lot 15, Section 16, Township 12, Plan 32635, NWD Compact Housing (40 units per net hectare) & Conservation Compact Housing (30-40 units per net hectare) & Conservation RS-3 (One Family Rural Residential) R-1 (Residential District) Townhouses Residential acreage Residential Cottonwood Creek -Vacant Single Family Residential 236th Street Full Urban RZ/058193 and SD/033/94 This application is for approximately 15 lots under the R-1 (Residential District) zone. -1- qc The following dates outline Council's consideration of the application and Bylaw/s 5838-1999 and 5839- 1999: - First Reading was granted September 21, 1999; - Public Hearing was held October 19, 1999; - Second and Third reading was granted on October 26, 2000; - First extension was granted June 26, 2001. The following are the outstanding Council conditions to be addressed prior to consideration of final reading: Registration of a Comprehensive Plan of Development; Amendment to Schedule "B" of the Official Community Plan; A geotechnical report which addresses the suitability of the site for the proposed development; Park dedication; A 2 meter fence must be constructed along the south property line; and That the fill, as identified in the geoteelmical report prepared by Terra Engineering Ltd. dated August 18, 2000, be removed. CONCLUSION: The applicant has been actively pursuing the completion of this rezoning application and has applied for a final one year extension. It is anticipated that they will apply for final consideration within the next few months id StevensO Approved Frank Quili ' //11~ M: Public fl Concurrenc/é: Mike Murray Acting Chief , DS/jvt & Development Services -2- 11440 11441 1 111442 12 21 41 11430 11431 11432 13 22 0) ' P 7289 11420 11421 0) 11422 40 PARK 14 c23 > C" 1 1412 11440 11410 11411 L p349 8 11405 15 24 1139611398 11397 39 C" 36 0.) 16 25 11386 0 C. 11384 11385 11376 Cq -1 17 26 3 11374 11375 4AVE 35 LMP 5464 18 27 11364 11365 F' 34 LMS 3308 19 28 32 11354 11355 11356 PARK PcI. 'A' 11355 )I 1 29 '\ 11342 ¶ ? Y C., CO 11330 m 0) 19 I3613 Cn 'MP 1 —I L,3L4L _ 11290 2 Cl) Ic" Ic Ill L 04 15 17- P32635 112BAVE Z Property l 891 ELP a Subject 11291 613 11237 22 P 39988 P 11264 R Reml9 . P 35398 C') (o 400 CR) a) C., 5, C') 11224 C'I PcI. 'A' LMP 26965 r Part S.E. 1/4 Sec.16 Tp. 12 I 11195 The Corporation of the District of Maple Ridge 1 / / makes no guarantee regarding the accuracy or I - 10 I present status of the information shown on I this map. (K) I DISTRICT OF N PITT ME DOJ(I&...j SIL, 11291 — 236th Street CORPORATION OF ic /i THE DISTRICT OF LAKE DSTRIcTO I MAPLE RIDGE EY - MBIO MAPLE RIDGE SCALE: 1:2,500 KEY MAP HORNHILL Inorated 12, September, 1874 PNNING DEPARTMENT _____ DATE: Jun 192002 FILE: RZ/017/99 BY: DS CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: His Worship Mayor A. Hogarth DATE: June 21, 2002 and Members of Council FILE NO: DP/065/02 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: Development Permit 12530 241 Street EXECUTIVE SUMMARY: A Development Permit Area XXX application has been received for the above noted property in support of a building permit for construction of an inground swimming pooi within 50 meters of Top of Bank of the South Alouette River and within an area covered by two separate restrictive covenants (for geotechnical purposes). As required under Development Permit Area XXX a permit must be approved by Council and the required environmental security deposited with the District, prior to any on-site works being undertaken. Construction of a swimming pool within the area affected by the restrictive covenants also requires the approval of a geotechnical engineer and the Province. RECOMMENDATION: That the Municipal Clerk be authorized to sign and seal DP/065/02 respecting property located at 12530 241 Street. DISCUSSION: a) Background Context: Applicant: Daniel J Tenbrink Owner: Daniel J Tenbrink & Christine M Tenbrink Legal Description: Lot SL4, Section 22, Township 12, Plan LMS3755 OCP: Existing: Suburban Residential Proposed: No change Zoning: Existing: RG-2 (Suburban Residential Strata) Proposed: No Rezoning Proposed Surrounding Uses North: Old Abernathy and Lougheed Railway right-of-way South: RG-2 (Suburban Residential Strata) RG.2(SuburbanResidentialStrata West: RG-2 (Suburban Residential Strata) Existing Use of Property: RG-2 (Suburban Residential Strata) Proposed Use of Property: RG-2 (Suburban Residential Strata) Access: 241st Street Servicing: No servicing changes required Previous Applications: SD/1/97, R7160/93, DP/40/99 q10 Project Description: A building permit application has been made to construct an inground swimming pool at 12530 241st Street. The proposed pooi is to be constructed 21.7 metres from the top of bank of the South Alouette River. The subject property is located at the top of a relatively steep slope approximately 30m in elevation above the South Alouette River floodplain, in an area with a history of bank failure and some risk of further bank failure. Due to this geotechnical concern, two separate covenants were established for the original development at the time of rezoning. Compliance with Development Permit Area XXX, the two restrictive covenants, and additional zoning issues are discussed below. Planning Analysis: Development Permit Area XXX - Watercourses Designated for Special Treatment was established for the purpose of preserving the existing function and characteristics of watercourses and wetlands and to allow development and redevelopment adjacent to watercourses in a manner that will conserve, restore or enhance habitat. The construction of the proposed swimming pooi, 21.7 metres from the Top of Bank and within an area of maintained lawn, will not impact the natural environment by a reduction in riparian vegetation or through the release of sediment. Vegetation at the Top of Bank was protected by Covenant BM 2949881BM294989 (Section 1(b)) which prohibits the removal of natural vegetation within 15m of the Top of Bank ('Area B'). The subject property (#4 12530 241" Street) is zoned RG-2 (Suburban Residential Strata) which contains the following: The RG-2 zone further specifies that all buildings and structures for an off-street parking use or accessory residential use shall not be less than: 10 metres from a front, rear, or exterior lot line; or 8 metres from an interior side lot line. This provision relates to the overall parent parcel and not individual lots, although the proposed pooi location does meet these requirements; and DP/40/99 was established for the primary purpose of defining building envelope setbacks for each individual strata unit, based on RS-2 zoning setbacks. Based on this requirement, the applicable setbacks for an Accessory Residential Use (i.e. pool) is 1.5 metres from rear and interior side lot lines, 3.0 metres from front lot lines, and 1.5 metres from a residential building. The proposed pool location meets these requirements. Covenant BM 294988/BM294989, of which the District of Maple Ridge is Covenantee, specifies that no structure (including a swimming pool) shall be placed within 33 metres of the top of bank without approval of a qualified geotechnical engineer (Section 1(a)). Section 1(d) of the Covenant further states that the District does not represent that a structure constructed in the 33 metre zone may not be damaged or slüiiiijàiidthe regited owner c ntsandsnOttO - - - claim any damages from the Covenantee in the event of such an impact. District policy regarding swimming pooi drainage requires the discharge to be directed solely to sanitary lines. This measure would be consistent with geotechnical objectives of not directing drainage towards the top of bank. -2- Intergovernmental Issues: Water Management Covenant: BM 334108 (Section 2(b) acknowledges that the subject property may be subject to 'shallow erosion of localized slope stability' as outlined in the report of Golder Associates Ltd. "Slope Stability Evaluation, Proposed Residential Subdivision, 12530 - 240 Street, Maple Ridge, B.C.". The covenant further establishes the following restriction on the subject property; "no building, mobile home or unit, or modular home or structure shall be constructed, reconstructed, moved, extended or located within thirty-three (33.0) metres of the top of bank of the South Alouette River". In a letter dated, May 14, 2002, The Ministry of Water, Land and Air Protection confirmed that with regard to Covenant BM334 108, the Ministry has 'no objection to the proposed location of a swimming pool within the setback area since it is not a habitable structure'. The Ministry further recommended that a geotechnical assessment be made to ensure the stability of the covenant area is not compromised by the loading of a swimming pool structure. Subsequently, Golder Associates Ltd. confirmed in a letter dated May 22, 2002 that 'construction of the proposed pool will not significantly impact the stability of the existing slope, provided that the pooi is located at least 10 metres from the top of bank.' A further letter, dated June 19, 2002, clarified by adding that while no structures should be placed within 10 metres of top of bank; and a 'low to very low risk' of slope movement exists between 10 and 33 metres, construction of the proposed swimming pooi would be acceptable within the 10 to 30 metre zone. Environmental requirements regarding the protection of vegetation at the top of bank were satisfied by the two restrictive covenants discussed above. Environmental Implications: There are no environmental implications presented by the proposed swimming pool relating to maintenance of native vegetation. Sediment control should be managed during construction by way of work area fencing, whereby silt fencing is installed just north of the pool construction site to limit the movement of heavy equipment and soil stockpiling. A 'No Access Area' has been shown on the attached site plan, offset 3 metres north of the pool location and demarked with silt fencing, to provide for minimal machine movement towards the top of bank. This area should be stabilized with vegetation immediately following completion of work in this area. Some environmental monitoring will be required to ensure that the silt fencing demarking the 'No-Access Area' is established prior to excavation and that adequate sediment control is provided through-out the project. A geotechnical engineer confirmed to be reviewing the construction of the pool can serve as Environmental Monitor for this project. 1) Citizen/Customer Implications: Until Council has authorized a Development Permit the applicant will be unable to obtain a Building Pennit for the proposed swimming pool. g) Financial Implications: A refundable security totaling $1,500.00 will be required prior to permit issuance to ensure that the terms of the Development Permit are carried out. -3- h) Alternatives: Without approval of a Development Permit, the applicant would be unable to obtain the Building Permit necessary to undertake the proposed swimming pool construction. CONCLUSION: The applicant has provided the information as required for Development Permit Area XXX, and Covenant BM294988 provides the terms necessary to protect the District from liability in the event of any geotechnical problems related to the pool. It is recommended that Development Permit DP/074/01 be approved. Prep red by: Ji eeh EpvironentaUechi31an by: Approved by/ Frank Quinn, P.Eng., PMP GM: Public Works & Development Services k\c) Mike Murray Acting Chief AdmiijrativlOfficer Jsrjvt WE 06/18/2502 15:04 4629113 WADE LAND SURVEYING PAGE el/si I' NoJ cceS A 15AV-V- Oe scii I Wade & Asociafes Land Surveying Ltd. B.C. Land Surveyors Maple Ridge and Mission Phone 463-4753 /may/ten4 May 30, 2002 CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: His Worship Mayor A. Hogarth DATE: June 19, 2002 and Members of Council FILE NO: DP/074/01 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: Development Permit 11442 Best Street EXECUTIVE SUMMARY: A Development Permit Area XXX application has been received for the above noted property in support of a development plan for rezoning adjacent to an unnamed tributary to the Fraser River. As required under Development Permit Area XXX a permit must be approved by Council and the required environmental security deposited with the District, prior to any on-site works being undertaken. RECOMMENDATION: That the Municipal Clerk be authorized to sign and seal DP/074/01 respecting property located at 11442 Best Street. DISCUSSION: a) Background Context: Applicant: Owner: Legal Description: OCP: Existing: Zoning: Existing: Proposed: Surrounding Uses North: South: East: West ....... Existing Use of Property: Proposed Use of Property: Access: Previous Applications: b) Project Description: Damax Consultants Ltd. Falcon Homes & Designs Ltd. Lot 21, Part dedicated road plan 82529, District Lot 249, Group 1, Plan 28112, NWD CH3O P-6 (Civic Institutional) RM-1 (Townhouse Residential District) RS-1 (One Family Urban Residential) Canadian Pacific Railway RS-1 (One Family Urban Residential) .,Tnw.nhouse..ResIdential Vacant (former District Sewage Treatment Facility) Townhouse Residential (34 Strat Title Lots) Best Street provides access to Property line RZ/94/86, RZ/40/95, RZ 74/0 1 A Rezoning application was received on November 19th, 2001 to rezone the subject property from P-6 (Civic Institutional) to RM-1 (Townhouse Residential District). The application received Third Reading on May 14th, 2002. Fourth Reading has not yet been scheduled. q I I c) Environmental Implications: The site has a watercourse identified on Schedule "B" of the Official Community Plan and is included into Development Permit Area XXX which was established for the preservation and protection of the natural environment. A Development Permit is required under Development Permit Area XXX for all alterations of land, subdivision activity or building permits as applies to residential commercial, institutional and industrial development within 50 metres of a watercourse. Security must be posted in accordance with Council Policy for Performance Security for Environmental Protection to ensure that the Development Permit Area Guidelines are met. Staff have reviewed the Guidelines for development established for Development Permit Area XXX and feel that these have been satisfied by the applicant as follows: Watercourse Protection Area Establishment Watercourse protection areas are to be established in accordance with their habitat value and the potential impacts proposed by adjacent development. The District of Maple Ridge, the Department of Fisheries and Oceans and the Ministry of Water, Land andAir Protection must endorse the proposed watercourse protection boundaries. The watercourse protection areas are to be dedicated where possible into public ownership for conservation purposes. The boundaries of the watercourse protection areas are to be physically located on the ground by a B. C.Land Surveyor prior to site disturbance. Temporary barrier fencing is to be installed adjacent to watercourse protection areas prior to any construction activity and shall be replaced with permanent post and railfence upon development completion. All lots must provide the required minimum lot dimensions as set out in the Zoning Bylaw exclusive of the watercourse protection boundaries. A setback of 15 meters has been established from the unnamed watercourse (pond) shown on Schedule "E" of the Official Community Plan. Beyond this setback, is an area to be filled for a berm under approval of the Ministry of Water, Land and Air Protection for flood proofing purposes. Most of this area will be planted for landscaping purposes, while the portion within 15m of a watercourse at the south property line will be replanted with native vegetation. The closest residential unit is over 55 meters from the pond Top of Bank. • Ground truthing by the site surveyor and agency personnel confirmed that one portion of watercourse as shown on Schedule "E" was not present on the property. The portion that was shown on Schedule "E" is protected by a 15m setback from the berm area. This watercourse (storm outfall) connects to the pond in the southwest corner and is reported to support fish. The storm outfall is 30 meters from a retaining wall at the nearest residence and approximately 5 meters from the proposed berm; • An additional 15 meter setback area has been established along a watercourse (perimeter ditch, not shown on Schedule "E") along at eastern property line; -2- • Following completion of the berm in the south central area which slopes down at 4:1 to the watercourse at the south property line, the portion within 15 meters of the watercourse will be protected as a Watercourse Protection Area. Trees that can be retained in this area will be protected and the 15 meter setback area will be replanted with native tree and shrub species using Provincial criteria; • A temporary sediment pond located in the southeast corner connects the east watercourse and the south watercourse and will be converted to a permanent "bio-filtration" pond upon completion of development; • The Watercourse Protection Areas as described above are supported by both the Ministry of Water, Land and Air Protection and the Department of Fisheries and Oceans; and . Post and Rail fencing will be installed adjacent to all of these Watercourse Protection Areas. Erosion Control 6 All work is to be undertaken and completed in such a manner as to prevent the release of sediment to any ravine, watercourse or storm sewer. An erosion and sediment control plan that involves implementation prior to land clearing and site preparation and the careful timing of construction is to be provided. Silt fence should be erected to prevent the movement of silt into the watercourse protection area prior to any disturbance to the soil on the site. Cutting and filling adjacent to watercourse protection areas is to be kept to a minimum incorporating appropriate structuralfill material and blending graded areas with natural slope, as supported by the Hillside Policies of the Official Community Plan. • A Plan has been provided for the entire site that: - Includes a temporary siltation fence along the Watercourse Protection Area, with modification along the southern watercourse (southern slope of the berm) (installation is complete); - Provides for the grading and direction of overland drainage to an existing siltation control pond in the southeast corner of the property; - Land clearing and site preparation have been staged for sediment control purposes; and - The applicant has made commitments to (and received approval from) both the the-De~pArtrnent of Fishies a Oceans regarding Sediment Control as it relates to the connection of the Stormwater System to the watercourse system and outfall to the Fraser River. VeRetation Management Natural vegetation is to be retained wherever possible to ensure minimal disruption to the environment and to protect against slope failure. Land clearing adjacent to the watercourse protection areas is to be restricted to a phased construction schedule. Habitat restoration landscaping of all bare or sparse riparian areas within the watercourse protection area may be required. Vegetation species shall be native of the area and be selected for erosion control and fish and wildlife habitat values. -3- A significant amount of vegetation will be protected within the Watercourse Protection Areas which will be a 'common area' under ownership of the Strata. A Tree Permit was obtained which requires the retention of trees within the watercourse preservation areas when possible as directed by an arborist's report. Hazard trees will be identified by the arborist for removal during further site preparation, which will likely include a significant number. Replanting will be completed within the Watercourse Protection Area using native species (according to Provincial replanting criteria). A Landscaped Berm will be constructed between the southern Watercourse Protection Areas for flood control purposes (as approved by the Ministry of Water, Land and Air Protection). Portions of this berm within 15 meters of the southern watercourse will be replanted with native species, with the balance replanted with ornamental species for active use by residents. The berm is intended to provide soundproofing from the railway, and buffering between residential areas and the Watercourse Protection Areas. Stormwater Management Stormwater outflows to the stream or leave area shall have water quality and erosion control features so as to minimize their impacts on fish habitat and in compliance with the District's stormwater management plans. • The applicant has proposed a stormwater management plan that addresses the District's stormwater management requirements. • The applicant has received approval from both the Ministry of Water, Land and Air Protection and the Department of Fisheries and Oceans for connection of the Stormwater System to the watercourse system and outfall to the Fraser River. Monitoring The implementation of required environmental mitigative measures as designed and their maintenance is to be monitored by a qualified environmental monitor. • Environmental monitoring will be a key element of the development of this site. Phoenix Environmental Services will be the environmental monitors for the project and will ensure performance meets with the standards established by the Watercourse Protection Bylaw. Monitoring will occur not less than daily during construction in rainfall events, and weekly at all -other times during construction to ensure compliance with the permit. Performance Security: 13.As required under the District's Performance Security for Environmental Protection Policy, an environmental performance security will be collected prior to the issuance of the permit to ensure compliance with terms and conditions described above. A security totaling $10,500.00 will be required for 7 lots which back on to the unnamed watercourses. -4- Interdepartmental Implications: Ministry of Water, Land and Air Protection and Department of Fisheries and Oceans The setbacks for the unnamed watercourses have already been established and will be left as watercourse protection areas in conjunction with the Ministry of Water, Land and Air Protection, Department of Fisheries and Oceans and the Municipality as part of the current rezoning of these lands. Citizen/Customer Implications: Until Council has authorized a development permit the applicant will be unable to continue site preparations for the site. I) Financial Implications: A refundable security totaling $10,500 will be required for 7 lots which back on to the unnamed watercourses. CONCLUSION: As the applicant has addressed the guidelines of Development Permit Area XXX, it is recommended that Development Permit/074/01 be approved. 7~~L- Prep edby: ee Envi nment 1 Technician pproved b . ane Pic,P, MCIP Approved b7': Frank Quinn, P.Eng., PMP GM: Public Works & Development Services -5- CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: His Worship Mayor A. Hogarth DATE: June 17, 2002 and Members of Council FILE NO: VP/047101 FROM: Chief Administrative Officer ATTN: Committee of the Whole SUBJECT: Variance Permit 12409 - 228 Street EXECUTIVE SUMMARY: A Development Variance Permit has been made in support of a Subdivision Application to vary the rear yard setback for an existing house in order that it may remain in its present location after subdivision of the property. RECOMMENDATION: 1)That the Municipal Clerk be authorized to notify qualifying property owners that approval of VP/047/01 respecting property located at 12409-228 Street will be considered by Council at the July 23, 2002 meeting. DISCUSSION: a) Background Context Raymond T Clarkson Raymond T Clarkson Lot 152, Section 20, Township 12, Plan 36353 Single Family Residential (15 units per net hectare) RS-1 (One Family Urban Residential) Residential Residential Residential Residential Residential Residential 228 Street and 124 Avenue SD/047/0 1 To Section 601C(3)(c)(i) of the Maple Ridge Zoning Bylaw No. 35 10-1985 Applicant: Owner: Legal Description: OCP: Existing: Zoning: Existing: Sunounding Uses North: South: East: West: Existing Use of Property: Proposed LJsj . of Property: Access: Previous Applications: Requested Variance: qlaz Project Description: The request to vary the rear yard setback from 7.5 metres to 5.57 metres will facilitate the proposed subdivision in which the existing house will stay in its present location. At present, the lot frontage is considered to be 228 Street, as it is the narrowest dimension flanking a street However, the subdivision proposal will change the front lot line from 228th Street to 124th Avenue thereby altering the definition of lot lines. In this new proposal, the existing house will not meet the rear yard setback of 7.5 metres. The survey site plan, attached to this report, identifies a deck that is 0.43 metres from a proposed lot line. A condition of subdivision approval is to remove the portion of the deck that is within the 1.5 metres setback, thereby ensuring that the required setback is honored. Planning Analysis: The site is zoned RS- 1 (One Family Urban Residential) and is located on the southwest corner of 228th Street and 1 24th Avenue. A subdivision application has been made to subdivide the site into three lots but retain the existing zoning. The subdivision will result in a redefinition of the lot lines and require the existing home to vary the rear setback. As this is an existing situation, it should have minimal impact on the adjacent property. Alternatives: If the requested variance is not approved, the existing house would have to be removed and or relocated to meet the 7.5m rear yard setback. SUMMARY: It is recommended that Development Permit 047/01, to reduce the rear yard of the existing home from 7.5 metres to 5.57 be considered at the July 23, 2002 Council meeting. Prepared Planning Technician MCIP of Approved by:/ Frank Quinn, P.Eng., PMP 1Y ftM: Public Works & Development Services Mike Murray Acting Chief Admystrjive Officer DS/jvt -2- PLAN SHOWING PROPOSED SUBDMSN ON LOT 152 SECTION 20 TOWNSHIP 12 N. W.D. PLAN 36353 5 25 0 5.0 10.0 Scale 1:250 124 AVENUE Proposed 3 X .3 corner cut. 21.92 21.92 19.55 .0 0: bo 568 rn2 668 m2 683 rri2 186 3.89 7.67 10.99 House 0.43 152 3.47 ?101 36353 Deck 7.68 10.95 6.7.3 Garage Varience in Required 21.92 . 22.56 . 60 161 162 163 Wade & Associates Land Surveying Ltd. B.C. Lgnd Surveyors Maple Ridge & Mission . Phone 463-4753 /jan/nybo . . Januacv 30, 2001 LAj Cc 0 NI CIA 25 26 27 NI 31 2021 220 N 23 I 24 28 29 30 12522 P7779 ________ P77 79 12516 21 12515 20 Ci) P7896 4 5 1(23 6 N 10 (0 ...-4 12510 t;; 12509 CD 00 22 19 0 III) lu, 04 0 0 0 NI 7 22981 c\j Csj 12504 Q 12505 NI__I 0 j_NI NI NI 22889 22979 23 18 1 24B AVE 22888 12 12468 1 N- co H N- 0 CD NJ 0F NI NJ NJ 13 171 161 31 12 11 9'6 ABERNETHY WAY IN- JO \ -6 CDI co P81 05 iii (. iII ±Fi' 10 0 22727 01 0)1 0 1 4/ 82 12421 NW256 4 5 6 7 8 9 010 011 12131 C', 0, - KENDRICK..ANE LMP I I 10 0 10 0 0 0 0 0 0 12444/46 r D 1]___..jC 10 1NJ INI I 0 0 NJ 176 P40137 I 04 I179 180 181 182 183 !184 185 12440 I P4017 it I. 10 0 10 0 0 I NIl ol NIl 01 NIl 01 NIl I l l NIl ! 1 124 AVE 1 Ty 1Ai!_L 1 i 0 NI NIl ml N- 192 191 190 189 188 187 186 152 1 SUBJECTPR NI NJ NJ NI I 1 1 oI I 1 12409 t8-.l PI0137 P36353 12409 15455 P 9343 _i_) 12376 N- I N- N- I N- I C11I NJ I NJ I NJ I NI NJ I 0 010 I l NIl 1 1 1 REID AVE 173 172 Ij71 170 I169 I168 I167 I166 I165 I164 NJ 29 o l I [ l I I NI IC.J C, IN- IN- 0 0 0 C14 NJ NI NJ P I 2369 C) 12366 30 I 12355 p5555 I I I P5555 I 2358 92 I 93 94 I 95 96 I I 98 N- 7 P71839 20 \ 32 30 cclo) -4 12354 15 m 12360 i831 c ('4m ,I ol I 1 CDI CD 8 Rem. 76 77 12318 1 I I I I I I ct2344 12347' 0 0 NIl C, I I CDI ol N- Q co NJ 0 NJ NIl NIl 01 NIl NI NI 46 48 49 50 80I UN- N- N- N-I N-I N-I N-I N- I N- N- 0 C 0 0 NJ NJ1 N4 NIl 01 NIl 0 NI 12330 N-7 m P417730 0 0 0 cn NJ NJ NJ NI NI1 123 AVE Rem. 43 P CL 12325 0 CD I S I 36 11i 12 1 P 75443 cli NI C'J 3 N- 90 2316 12321 2 CL °-89 2308 12311 1 88 2298 12297 84 83 85 82 2314 4i313 c-'J c-1 86a. CL 81 2302 12301 87 80 12290 12287 NJ NJ AVE 4 91 123 9 ___ ___ 0 Y_- 113 0 _______ fl C\4 NI 12316 12313 12308 0 0 0 0 0 IN 211 212 o NJ NI NJ —1 114 N- 10 P43 05 51 520 530 54NJ 56" 850 8 N- N- 0 o 12314 CL 12313 12306 P51 13 12301 -. - P1773 P1 z 332 333 — CD Ci) 78 CL 56 57 58 59 60 61 6CD —I 12304 12303 - 12298 NI NI NJ 12296 P45 78 12287 C') 79 12 307 308 r\) _________ _______ - N.) ,,-,o I 122751 ROGERS AVE N-I ol Oil m 0 0 I i NJ NJ NI Io I NJ I NI I 221 \ P11200 22 12273 29°p44 73 12265 fl 65 66 I 67 68I69 I 70I 71 220 291 c- NI 2284 0 Rem.64 IC,) o 122781 o oi 0 0 1 P40082 I 292 I I l 4177 I I I CL 1))71 N 12409 228 Street CORPORATION OF Incorporated 12 September, 1874 PLANNING DEPARTMENT SCALE 1 2 500 KEY MAP - DATE Jun 5 2001 FILE BY RS CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: His Worship Mayor Al Hogarth DATE: July 5, 2002 and Members of Council FILE NO: 0410-20-06/BCAG FROM: Chief Administrative Officer ATTN: CofW —Fin&Corp SUBJECT: Special Occasion License EXECUTIVE SUMMARY: A request has been received for a Special Occasion License (i.e. Beer Garden) from one of the event organizers for the Caribbean Street Festival to be held on July 14, 2002. RECOMMENDATION(S): That the request from one of the 224th Street merchants organizing the Caribbean Street Festival, for a Special Occasion License to hold a Beer Garden, be approved as follows: Sunday July 14, 2002 12:00 p.m. to 10:00 p.m. And further, that the use of Municipal property for this Special Occasion License be authorized. DISCUSSION: a) Background Context: The 224th Street merchant applied for and was granted approval for a Beer Garden License in 2001 as part of the first Caribbean Street Festival. The Beer Garden operated in a satisfactory manner with no known problems or complaintS. CONCLUSION: The request for 2002 is consistent with similar festival events and approval is recommended. Prepared by: Diana Dalton Cl k's Department Approved by. Pail Gill, B.B.A, C.G.A, F.R.M General Manager: Corporate & Financial Services Concurrence: Chief Administrative Officer Idd V3 vt Mi #I&t OO-G7-- CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: His Worship Mayor Al Hogarth DATE: July 5, 2002 and Members of Council FILE NO: FROM: Chief Administrative Officer ATTN: C.O.W. SUBJECT: MAPLE RIDGE JAZZ & BLUES REQUEST FOR FUNDING EXECUTIVE SUMMARY: The attached letter has been forwarded by the Jazz and Blues Festival requesting funding in the amount of $5,000 for the 2002 event. RECOMMENDATION(S): That a grant in aid in the amount of $5,000 be provided to the Maple Ridge Jazz and Blues Festival for staging the 2002 event, noting that it will be held in the Memorial Peace Park in Maple Ridge. DISCUSSION: Background Context: The festival has been presented for several years and took place in 2001 and 2002 at Harris Road Park in Pitt Meadows. This location was selected as an alternative to the Memorial Peace Park during construction of the Town Centre project. Funding was provided by the District in the amount of $6,500 in each of those years in support of the temporary relocation. An earlier request for funding in the budget process was denied, along with other similar requests, pending the development of a granting policy, which is anticipated to be completed later this year. It was anticipated that such a policy would provide guidance for the 2003 business plan. In the interim, this group has had a number of changes on the Board of Directors and is organizing the festival with no paid staff or support. The group has had some difficulty finalizing the required resources for their event. Commitments must be made now to ensure the success of this year's festival and cannot be made without some assurance that the bills can be paid. Last year's festival suffered from poor weather, which meant that the group's key fundraiser—which is a donation drive during the event itself—was less successful than would have been the case had the weather been better. Consequently, the group has been left with few reserves and, in light of the changeover on the Board of Directors, has had less success obtaining sponsors. It is apparent that, if the festival is to succeed, additional funding sources must be obtained. Desired Outcome(s): The intent of the event is to build community spirit and pride through another significant event in the downtown area and, secondly, to attract day-trip tourism and the accompanying benefit to the downtown. The specific objective is to attract an audience of 10,000 people or more. Strategic Alignment: Council has recently identified economic development as being critical to Maple Ridge, and it has also identified the downtown as a focal point for economic growth. Holding events such as the Jazz and Blues Festival in the downtown area increases business for the downtown area merchants and attracts attention to the downtown and its potential for new business interests. MM:ik \\Oak\parks & rec.\2002 Folders\0100-0699 Adminisnation\0550 Council-Committees\Maple Ridge Council\MR Jazz & Blues Festival Funding.doc #1 Citizen/Customer Implications: As noted above, events like the Jazz and Blues Festival build community pride and cohesiveness. They also provide an economic benefit to local business owners and can have an even larger economic impact over the long term. Business Plan/Financial Implications: The only place where funding is available in 2002 is Council's discretionary fund, which contains an allocation of $10,000 per year. Last year's funds were utilized in support of Thomas Haney Day and the Agricultural Association centennial. Funds have not been allocated from this account this year and are available for this purpose. Policy Implications: The major concern with this proposal is the lack of consistency in our treatment of community events. As noted above, some other event organizers did request funding during the 2002 business planning process and were refused. The only difference between this event and the others is the difficulty in collecting an admission fee in the Memorial Peace Park location. The group does encourage donations through the purchase of wristbands. However, access cannot be controlled to the extent that an admission fee can be charged. In light of the potential loss of the event and its relative importance, staff is of the view that consideration should be given to funding in 2002. Funding in future years should only be provided in the context of a new granting policy. Alternatives: The alternatives are to not provide the required funding, in the hope that event organizers will be able to obtain additional sponsorship in advance of August 4 and in time to make the necessary equipment reservations, which have been delayed to this date due to the lack of assured funding. A second alternative would be to advance the funds as a loan, requiring the group to pay back whatever amount they can afford following the event. This would ensure that Council funding is made available only if absolutely necessary. CONCLUSIONS: The event is scheduled to take place on August 4 and the organizers have identified a funding shortfall of $5,000. In the past the event has been identified as an important summer activity in the community, which has tremendous potential for growth. In light of these factors, staff wishes to put forward the proposal for Council consideration. Prepared by: Mike Murray, General Manager; Commnnity evelopment, Parks & Recreation Services / Approved by: Concurrence: L.R. (Jim) Rule, Chief Administrative Officer MM:ik \\Oak\parks & rec.\2002 Folders\0100-0699 Administration\0550 Council-Comminees\Maple Ridge Council\MR Jazz & Blues Festival Funding.doc #2 i Maple Ridge Jazz and Blues Festival 6' Annual - August 4 " 2002 Maple Ridge Jazz and Blues Festival Society 7— 11875-210 Street Maple Ridge, B.C. V2X 7P3 July 2, 2002 District of Maple Ridge 11995 Haney Place Maple Ridge, BC V2X 6Y9 Attention: Mike Murray The 6th Annual Jazz and Blues Festival is planned for August 4 in Memorial Peace Park. The event continues to grow in popularity and by all indications should be a successful festival for our community and visitors of Maple Ridge. The festival's success is due in large part to fantastic sponsorship support. Some of our partners include: Investors group, Sun Rype (providing a play area for children), GG Music (sponsor of the youth stage), CBC (recording five or six of the bands on the main stage and providing lots of promotion through radio and television), Shaw Cable (broadcasting the event live on the world wide web). Fundraising has been particularly a struggle this year despite significant efforts by our volunteers. We have made some major cutbacks to the festival costs including renting a smaller sound system for the main stage, cutting out the cost of a sound system for the Council Chambers stage, and cancelling a third outdoor stage. Despite these cost cutting efforts, though, we still find we have a deficit of $5,000 in our budget. On behalf of the Maple Ridge Jazz & Blues Festival Society we would like to request special funding in the amount of $5,000.00 to help offset additional production costs incurred by the short fall in our fund raising. These funds are needed to fund the stage, sound and lighting. The facilities in place are very good but are unfortunately unable to meet all our needs. To explain: - The gazebo stage is only passable for live amplified music and is not suitable for recording. We must provide adequate staging to meet the recording needs of CBC to retain them as a sponsor. - The total electric service available is 300 amps Our production for sound, lights and recording equipment alone requires that much power. We will need to rent a generator to provide additional power to food vendors. We have a great group of dedicated people on the committee who have done a fantastic job. In Other areas of our event planning we feel quite confident that we are going to again pull off a tremendous event for approximately 10,000 fans of jazz and blues music. We look forward to your response to this correspondence. Yours sincerely, Bruce Havery Chair - Maple Ridge Jazz and Blues Festival Society www.jazzblues.ca CORPORATION OF THE DISTRICT OF MAPLE JUDGE TO: His Worship Mayor Al Hogarth DATE: June 20, 2002 and Members of Council FILE NO: FROM: Chief Administrative Officer ATTN: C SUBJECT: Public Private Partnerships EXECUTIVE SUMMARY: Public private partnerships (P3 s) are arrangements between government and private sector entities for the purpose of providing public infrastructure, community facilities and related services. A public private partnership can be a viable option for delivering a public service or project. The municipality should undertake a cautious approach and examine all relevant factors and issues when considering this type of arrangement. This policy should assist in making these decisions. RECOMMENDATION(S): That the Public-Private Partnership Policy and Handbook be adopted. DISCUSSION: Strategic Alignment (as appropriate): Inter-Government Relations/Partnerships Identify and promote the use of partnerships with public agencies; business; not-for-profit; community groups; and, volunteers to provide local government and community services in a cost-efficient and effective manner. Citizen/Customer Implications: Provide high quality municipal services to our citizens and customers in a cost effective and efficient manner. Business Plan/Financial Implications: None at this time. Pr red by: y . Dale, Executi / ApprovèAiby: Paul Gill, B.B.A., C.G.A. IA Ge*eral Manager: Corporate & Financial Services ce: Acting Officer q31 MAPLE RIDGE CORPORATION OF THE DISTRICT OF MAPLE RIDGE Incorporated 12 September, 1874 TITLE: PUBLIC-FRI VA TE PARTNERSHIPS POLICY NO. APPROVAL DATE: 2002 POLICY STATEMENT: Public Private Partnerships will be guided by the District's Handbook dated June 18, 2002 and titled "Handbook to Public Private Partnerships." When considering a P3, the following will apply: Municipal Council will establish a multi-disciplinary Team to guide the project. Municipal Council will appoint the Team's leader. The Team will work with stakeholders such as the business/development community and user groups to produce a preliminary Business Plan, in accordance with Section 1V (i), for Council's consideration. If Council approves the preliminary plan, the Team will produce a detailed Business Plan and a Consultation and Communication Plan as outlined in Section IV (ii) and (iii). These plans will be submitted for Council's consideration. If Council approves the Business Plan and the Consultation Plan, the Team will recommend the "Preferred Partner" to Council, using the process outlined in Section IV Page 10 of the report. If Council approves the Preferred Partners, negotiations will commence, as outlined in Section V. A summary of the salient points of the negotiations will be provided to Council for approval,. Legal Agreements will be developed, in accordance with Section VI. Works can be commenced, respecting Section VII. Progress reports on the construction, contractual, and financial aspects of the project will be provided at least monthly. PURPOSE: I Introduction: What is a Public Private Partnership? Public private partnerships (PPPs) are arrangements between government and private sector entities for the purpose of providing public infrastructure, community facilities and related services. Such partnerships are characterized by the sharing of investment, risk, responsibility and reward between the partners. The reasons for establishing such partnerships vary but generally involve the financing, design, construction, operation and maintenance of public infrastructure and services. The underlying logic for establishing partnerships is that both the public and the private sector have unique characteristics that provide them with advantages in specific aspects of service or project delivery. The most successful partnership arrangements draw on the strengths of both the public and private sector to establish complementary relationships. While the roles and responsibilities of the private and public sector partners may differ on individual servicing initiatives, the overall role and responsibilities of government do not change. Public private partnership is one of a number of ways of delivering public infrastructure and related services. It is not a substitute for strong and effective governance and decision making by government. In all cases, government remains responsible and accountable for delivering services and projects in a manner that protects and furthers the public interest. Date Printed: 2002-06-25 Page 1 of 2 Policy Forms of Public Private Partnership Public private partnerships can vary in: • the degree of risk allocated between the partners • the amount of expertise required on the part of each partner to negotiate contracts • the potential implications for ratepayers The allocation of risk between the partners is a key consideration that affects various other aspects of partnership agreements, including rewards, investments and responsibilities. (Fig.2. 1 Appendix) Types of Public Private Partnerships provides an overview of the more common forms of public private partnership, starting with those that transfer the least amount of risk to the private partner. iii Why a Public Private Partnership? A public private partnership can be a viable option for delivering a public service or project. The municipality should undertake a cautious approach and examine all relevant factors and issues when considering this type of arrangement. The different forms of public private partnership vary in terms of how risks and responsibilities are allocated. They also vary in complexity and the degree of expertise required to successfully negotiate required contracts. The municipality should not assume that public private partnerships provide easy outs to difficult servicing issues. They should expect that increased transfer of risk will result in higher expectations for reward by the private sector and that the negotiation of contracts will require a high degree of expertise. II What are the Potential Benefits of Public Private Partnerships? The municipality can realize important benefits when public private partnerships are used in the appropriate context. Potential benefits include: • Cost Savings • Risk Sharing • Improved Levels of Service or Maintaining Existing Levels of Service • Enhancement of Revenues • More Efficient Implementation • Economic Benefits • Ability to React More Flexibly to Customer Trends Refer to page 2 of report entitled "District of Maple Ridge - Approach to Public Private Partnership." III What are the Potential Risks of Public Private Partnerships? As with conventional forms of service delivery, there are risks as well as potential benefits associated with public private partnerships. The municipality can reduce or eliminate the risks by understanding what they are and addressing them through well-conceived negotiations and contractual arrangements, and the involvement of stakeholder groups. Potential risks include: • Loss of control by the municipality • Increased costs • Political risks • Unacceptable levels of accountability • Unreliable service • Inability to benefit from competition • Reduced quality or efficiency of service • Bias in the selection process • Labour issues Refer to page 3 of report entitled "District of Maple Ridge - Approach to Public Private Partnership." Date Printed: 2002-06-25 Page 2 of 2 Policy District of Maple Ridge Handbook on Public Private Partnership From the Office of the: General Manager: Corporate and Financial Services June 18, 2002 I INTRODUCTION: 1 I WHATISA PUBLIC FRI VA TE PARTNERSHIP? 1 H FORMS OF PUBLIC PRIVATE PARTNERSHIP 1 HI WHYA PUBLIC PRIVATE PARTNERSHIP? 1 H WHAT ARE THE POTENTIAL BENEFITS OF PUBLIC PRIVATE PARTNERSHIPS? 2 III WHAT ARE THE POTENTIAL RISKS OF PUBLIC PRIVATE PARTNERSHIPS? 3 IV STAGES IN DEVELOPING A SUCCESSFUL PUBLIC PRIVATE PARTNERSHIP 4 i DEVELOP A P3 PROJECT TEAM AND A PRELIMINARYBUSINESS PLAN 4 H IF THE PRELIMINARY BUSINESS PLAN SUGGESTS THA TA P315 THE PREFERRED METHOD, A DETAILED BUSINESS PLAN, INCLUDING CRITERIA FOR EVALUATING THE P3MUST BE DEVELOPED 6 HI A PLAN FOR STAKEHOLDER IN VOL VEMENT IS REQUIRED 9 IV SELECTING A PREFERRED PARTNER 10 v NEGOTIATION 10 VI AGREEMENTS REQUIRED 12 VH CONSTRUCTION WORKS/PLANS/CONTRIICTMANAGEMENT 13 V REPORTING 15 VI CONCLUSION 15 (FIG 2.1) TYPES OF PUBLIC PRIVATE PARTNERSHIPS 16 BIBLIOGRAPHY 20 - - Nbtëf The mätërialin this hondiook hasbeencoinpiledfrom reports - - - -- - - -- - - - - prepared by the Ministry of Municipal Affairs and Industry Canada. I Introduction: What is a Public Private Partnership? Public private partnerships (P3's) are arrangements between government and private sector entities for the purpose of providing public infrastructure, community facilities and related services. Such partnerships are characterized by the sharing of investment, risk, responsibility and reward between the partners. The reasons for establishing such partnerships vary but generally involve the financing, design, construction, operation and maintenance of public infrastructure and services. The underlying logic for establishing partnerships is that both the public and the private sector have unique characteristics that provide them with advantages in specific aspects of service or project delivery. The most successful partnership arrangements draw on the strengths of both the public and private sector to establish complementary relationships. The roles and responsibilities of the partners may vary from project to project. For example, in some projects, the private sector partner will have significant involvement in all aspects of service delivery, in others, only a minor role. While the roles and responsibilities of the private and public sector partners may differ on individual servicing initiatives, the overall role and responsibilities of government do not change. Public private partnership is one of a number of ways of delivering public infrastructure and related services. It is not a substitute for strong and effective governance and decision making by government. In all cases, government remains responsible and accountable for delivering services and projects in a manner that protects and furthers the public interest. Please note that in this guide, the term "service delivery" is used primarily to describe public purpose infrastructure and related services. Partnership arrangements can also be established for services not involving public infrastructure. Forms of Public Private Partnership Public private partnerships can vary in: • the degree of risk allocated between the partners • the amount of expertise required on the part of each partner to negotiate contracts • the potential implications for ratepayers The allocation of risk between the partners is a key consideration that affects various other aspects of partnership agreements, including rewards, investments and responsibilities. (Fig.2. 1 Appendix) Types of - - - partnership, starting with those that transfer the least amount of risk to the private partner. iii Why a Public Private Partnership? A public private partnership can be a viable option for delivering a public service or project. The municipality should undertake a cautious approach and examine all relevant factors and issues when considering this type of arrangement. The different forms of public private partnership vary in terms of how risks and responsibilities are allocated. They also vary in complexity and the degree of expertise required to successfully negotiate required contracts. Page 1 of 22 The municipality should not assume that public private partnerships provide easy outs to difficult servicing issues. They should expect that increased transfer of risk will result in higher expectations for reward by the private sector and that the negotiation of contracts will require a high degree of expertise. The following discussion provides an overview of some of the potential benefits and risks associated with public private partnerships. II What are the Potential Benefits of Public Private Partnerships? The municipality can realize important benefits when public private partnerships are used in the appropriate context. Potential benefits include: • Cost savings With public private partnership, the municipality may be able to realize cost savings for both the construction of capital projects as well as the operation and maintenance of services. For example, construction cost savings can often be realized by combining design and construction in the same contract. The close interaction of designers and constructors in a team can result in more innovative and less costly designs. The design and construction activity can be carried out more efficiently, thereby decreasing the construction time and allowing the facility to be put to use more quickly. Overall costs for professional services can be reduced for inspections and contract management activities. As well, the risks of project overruns can be reduced by design-build contracts. Cost savings can also be realized by the municipality in the operation and maintenance of facilities and service systems. Private partners may be able to reduce the cost of operating or maintaining facilities by applying economies of scale, innovative technologies, more flexible procurement and compensation arrangements, or by reducing overhead. Risk sharing With public private partnership, the municipality can share the risks with a private partner. Risks could include cost overruns, inability to meet schedules for service delivery, difficulty in complying with environmental and other regulations, or the risk that revenues may not be sufficient to pay operating and capital costs. Risks should be allocated to the party best capable of managing the risk. For instance, local governments are usually not equipped to handle large-scale construction projects, whereas the private sector is. As such, construction risks are often appropriate to be left with private partners. • Improved levels of service or maintaining existing levels of service Public private partnerships can introduce innovation in how service delivery is organized and carried out. It can also introduce new technologies and economies of scale that often reduce the cost or improve the quality and level of services. • Enhancement of revenues Public private partnerships may set user fees that réffêcFtliiié C6t of dëliveiiiig a pafticiilár service. Public private partnerships also offer the opportunity to introduce more innovative revenue sources that would not be possible under conventional methods of service delivery. • More efficient implementation Efficiencies may be realized through combining various activities such as design and construction, and through more flexible contracting and procurement, quicker approvals for capital financing and a more efficient decision-making process. More efficient service delivery not only allows quicker provision of services, but also reduces costs. Also, the community may be able to enjoy the additional services sooner than might otherwise be the case. Page 2 of 22 • Economic benefits Increased involvement of the municipality in public private partnerships can help to stimulate the private sector and contribute to increased employment and economic growth. Local private firms that become proficient in working in public private partnerships can "export" their expertise and earn income outside of the region. Ability to react with more flexibility to customer trends III What are the Potential Risks of Public Private Partnerships? As with conventional forms of service delivery, there are risks as well as potential benefits associated with public private partnerships. The municipality can reduce or eliminate the risks by understanding what they are and addressing them through well-conceived negotiations and contractual arrangements, and the involvement of stakeholder groups. Potential risks include: • Loss of control by the municipality Public private partnerships, by their nature, involve a sharing of risks, benefits and decision making between the partners. Public private partnerships that involve significant investments and risks by the private partner often provide for greater involvement of the private partner in decisions concerning how services are delivered and priced. This often leads to concerns about who controls the delivery of services. The issue of control needs to be addressed at the time the project is defined and kept in mind when the contract is negotiated. In the final analysis, the municipality has the authority and responsibility to establish servicing standards and to ensure that the public interest is protected. • Increased costs It is hard to establish the true costs of providing services when establishing our pricing policies for fees for services. For example, the costs of overhead or administration and depreciation of assets are often not included in the pricing of individual services. In some cases, there are explicit subsidies for specific services. The delivery of services through public private partnerships requires pricing policies and fees to reflect all relevant costs. This can have the effect of increasing user fees for specific services. The cost of managing public controversy over increased fees or developing complex policies for staging fee increases can often negate the value of public private partnerships for specific services. • Political risks The municipality does not have extensive experience with public private partnerships. This, combined with stakeholder unfamiliarity with public private partnerships may result in higher political risks. • Unacceptable levels of accountability Certain services are more sensitive than others in terms of public demand for accountability and responsiveness. With public private partnerships, the lines of accountability for the provision of services are less clear to the public than under conventional service delivery. This may result in public criticism of the partnership arrangement and the private partner, or require increased involvement of the municipality in ensuring compliance and responding to public demands. The accountabilities must be understood by each partner and must be clearly communicated to the public. • Unréliáble service Private partners may be prone to labour disputes, financial problems or other circumstances that may prevent them from honouring their commitments. Public private partnership contracts should anticipate such difficulties and put in place measures to deal with them. It should be noted that public partnerscan also be prone to labour disputes. Page3of22 • Inability to benefit from competition Competition among private partners to secure the right to enter into a public private partnership is an important benefit for the municipality. Competition leads to innovation, efficiency and lower costs. The municipality may not be able to benefit from public private partnerships if there are only a limited number of potential private partners with the expertise or ability to respond to a request for proposals. • Reduced quality or efficiency of service If not properly structured, public private partnership contracts can result in a reduction in service quality, inefficient service delivery or a lack of proper facility maintenance. For example, cost-plus contracts provide little incentive for the private partner to maintain quality or increase efficiency. The municipality should also consider the life cycle cost approach in establishing evaluation criteria for projects or services. • Bias in the selection process As with conventional forms of service delivery, there is always the potential for the municipality to be accused of bias in selecting proponents. This may be more prevalent with public private partnerships given that "low bid" may not always win the contract if the municipality has established other criteria (e.g., value for money). The potential for accusation of bias can be reduced through well-developed policy and procedures, and by ensuring transparency in dealing with potential private partners. Clear selection criteria are absolutely essential to success. • Labour issues Even though collective agreements and labour laws apply to public private partnership arrangements, there could be adverse reaction from labour unions or municipal staff. IV Stages in Developing a Successful Public Private Partnership Develop a P3 Project Team The Team The nature of public-private partnership projects calls for the formation of a dedicated team of individuals capable of identifying, evaluating and implementing P3 projects. Rationale for a Team Approach to P3 Projects In order to prepare itself for the unique nature and requirements of public-private partnerships, governments must identify who will have the responsibility, authority and accountability for decisions with respect to P3 projects. Municipal Council will establish a committee or team to focus its efforts on undertaking the following responsibilities: • Consulting with political decision makers, staff, unions, the public, and the private sector to define the project, the preferred partnership structures, acceptable levels of risk and minimum service requirements; • Establishing and adhering to a P3 policy outlining the general practices to be followed in evaluating and implementing partnerships; • Providing a single, point of entry for the private sector to approach government with P3 initiatives; • Developing and managing a communications strategy to educate staff and the public on the benefits of P3s. It should lay out, in detail, how the government plans to ensure service quality and continuity and how it will deal with existing employees; • Identifying and evaluating existing and future P3 opportunities. This responsibility includes evaluation of P3 proposals from staff and the private sector; Page 4 of 22 • Allocating responsibility for individual P3 proposals to project teams and providing support as required; • Ensuring that P3 initiatives receive an appropriate level of review, in a timely manner, and are conducted according to the P3 policy; • Reviewing the project team's conclusions and making recommendations to the political decision makers whether or not to proceed with P3 contract negotiations; • Reviewing draft P3 contracts and making recommendations to the political decision makers to approve or modify contracts; • Ensuring that the private partner complies with contract provisions. The committee/team will be provided with a mandate from Municipal Council to fulfil each of these responsibilities. Committee/Team Structure and Membership The structure of the P3 Committee will depend on the complexity of the project. It must include members with a variety of skills, including tangible skills, such as finance and law, and less tangible ones, such as creativity, entrepreneurship, and insight into the marketplace. It may not have many of the areas of expertise required for a public-private partnership. In such cases, it is important to secure trusted advisors from outside of the organization. The types of expertise required for a public-private partnership include but are not limited to: Knowledge of • Contracts and contract law • Procurement process & specifications/contract management needs • Risk management techniques and contingency planning • Terms and conditions of individual contracts • The need to forecast future demand • Government accounting and financial management • Relationship management • Quantity surveyor Abilities • To identifi the principal demand and cost drivers for each service • To produce and implement plans for managing relationships with suppliers • To analyze the contract management environment and adopt the appropriate style • To apply contract management procedures and techniques • To manage relationships successfully Individual Qualities • Ability to work as a member of a team .Effective interpersonal-skills -. • Forward looking and pro-active approach • Positive and practical attitude to change and innovation • Ability to work reliably under pressure and prioritize competing demands Municipal Council will appoint a leader and an alternate within the organization who has the ability to understand and manage the complexities and dimensions of the project. While many other types of expertise can be secured from outside the organization, the development of leadership for public-private partnerships must come from within the organization. Page 5 of 22 Developing a Preliminary Business Plan Once the committee is struck its first objective will be to prepare a preliminary business plan for the project. The purpose of this preliminary plan is to define the project and to see if there is a rationale to look into the matter in more detail. In doing this assessment, the team will consult with stakeholders which should include the business/development community and service providers. The preliminary plan will look at the feasibility of the project and will include a cost benefit analysis that looks at: • Capital costs such as purchase, construction, project management, and professional fees; • Operating and maintenance costs (repairs & maintenance, staffing, and insurance) over the life of the project; • Administrative overhead costs; • Carrying csts; • Willingness of elected officials to accept reduced direct control. The plan should also look at benchmarks to provide insight into our current approach to providing the service. This may assist us in finding ways to increase efficiencies without resorting to a P3. ii If the Preliminary Business Plan suggests that a P3 is the preferred method, a Detailed Business Plan, including criteria for evaluating the P3 must be developed. 1 Financial Generally, completion of a project using P3 will have different costs than if the project were to be undertaken using a conventional public sector implementation process. These differences relate primarily to the role that the private sector partner is being asked to play, the risks that are being transferred to the private sector partner and the returns the partner is expected to receive from the project. 2 Operational Operating and maintenance standards must be identified and articulated. The standards need to consider both the inputs into the project as well as the outputs generated by the project. The former include all relevant elements within the control of the public sector agency (or for which the public sector agency is best able to assume the risk) that feed into the project. The latter include all relevant elements within the control of the private partner that flow from the project. Inaccurate or incomplete operating specifications may lead to costly amendments to the legal agreements or sub-optimal operation and maintenance of the asset, potentially reducing the residual value of the asset at reversion. There may be operational issues that cannot realistically be addressed by the private partner. An example of this type of operational consideration: changes in legislation dealing specifically with the project. No reasonable developer would "bet the farm" on a project in which an adverse change in, say, environmental regulations could result in insolvency. Such operational restrictions must be resolved before the project will be considered as a feasible and attractive opportunity by the private sector. The operating risks must be identified and a decision made as to how they are to be allocated. The private partner must be held accountable for appropriate performance. Mechanisms must be put in place as incentives for the private partner to continue to operate and maintain the asset appropriately. This concern is particularly acute near the end of the contract term. It is also particularly pertinent to operational considerations, as it is most typically during operations that accountability for performance is measured and regulated. Page 6 of 22 3 Acceptability Is the public-at-large willing to accept a P3 approach and the involvement of the private sector in the project? Risks associated with public acceptance, and specifically the ability of the public to materially impact a project, are not generally risks that private sector developers are well equipped to manage. Gaining and retaining community support will be critical for success. Are elected officials willing to accept a P3 approach? While this matter is addressed in the preliminary business plan, detailed discussion is required in the detailed business plan. In assessing the opportunity presented by a P3 project, potential bidders look for tangible signs that the project, and use of P3 procurement, have strong political commitment and support. A half-hearted or disorganized P3 project, or unclear political signals, will undermine a government's ability to muster future private sector interest in P3 opportunities. This issue arose for example when a large municipality which decided to seek proposals for the operation of a public facility, received bids from potential private sector partners, analyzed the responses and identified the preferred bidder; then the Councillors decided to debate the question of whether the idea of involving a private sector operator should be pursued at all. In other words, are the elected officials willing to accept the reduction in direct control in a P3 approach? Are other stakeholders willing to accept a P3 approach and the involvement of the private sector in the project? Where a product or service is an integral component of a larger system, acceptance of other stakeholders within that system must be considered. For example, although the provision of land ambulance services may represent a viable opportunity for a P3, its success or failure would be contingent on the support of, for example, community-based hospitals and the regional medical profession. Is government staff willing to accept a P3 approach and the involvement of the private sector in the project? Staff acceptance of P3 procurement is likely to be high for government products and service that have traditionally been contracted out. Staff acceptance of P3 procurement is likely to be less widely accepted for government projects that have in the past been provided by government employees. In the latter case, concerns over job security and the disruption to the normal work environment may generate substantial resistance from government staff. Similarly, are the senior staff willing to accept the reduction in direct control implicit in a P3 approach? If there is a lack of commitment to the project at the senior staff level, this will pose a significant challenge to the success of the P3 project. 4 Implementation Is it possible to generate meaningful competition in a P3 procurement? In general, is there an adequate pool of private sector bidders who would be interested in and capable of pursuing the opportunity? For example, does one potential bidder have some inherent perceived or real advantage that would effectively discourage other potential bidders from pursuing the opportunity? If so, a "standard" competition method of procurement would be inappropriate. Benefits may still flow from a P3, but they would be procured through direct negotiation. Page 7of22 Is the project free of jurisdictional or liability issues that prevent a public body from using a P3 approach? Various projects that might be pursued using a P3 process are governed by a web of legislative, regulatory and policy constraints that might preclude a P3 approach. Before pursuing a P3, the municipality must satisfi itself that it has the necessary legal authority to pursue the project in that manner. Is there a successful transition plan? Some P3s may involve the transfer of ongoing operations to a private partner. The risk of an unsuccessful transfer may outweigh the expected benefits of using P3 procurement. This has proven to be a real issue when the transition involves the transfer of large numbers of government employees to a private partner, requiring all of the various labour and union issues to be addressed successfully. 5 6 Timing Are the time lines adequate to develop operating specifications? Identifying and articulating operating specifications are important components of the detailed project plan. Inaccurate or incomplete operating specifications may lead to costly amendments to the agreement or sub-optimal operation and maintenance of the asset, potentially reducing the residual value of the asset at reversion, if applicable. Private Sector Interest A final hurdle involves examination of the general marketability of each project. Marketability, in this sense, refers both to the ability and level of interest among private vendors to provide the service as well as to the conditions of the market for the service (i.e., demand, price, long-term outlook, scale of the project). Not to be forgotten is an approach to employees, with a suggestion that they too might form a private company to bid on the P3. This may be defined as 'managed competition'. However, if employee ownership is an option: The bidding process must be fair, in that the employees should not have preferential access to internal information - they should have the same access that the private sector proponents have; The employees' proposal must calculate costs the same way that a private sector proponent would, including such things as overhead, depreciation of facilities and equipment, salaries, benefits, etc. The objective of any private sector firm is to invest its resources ('time and money) in a way that allows it to earn a reasonable rate of return on that investment. The magnitude of the required return is a function of the risk that the investor must assume. If the risk to the private firm is too high, it may require a level of compensation (either in the form of increased user fees or guarantees) that offsets the intended benefits of the partnership. If the government is unwilling or unable to provide this compensation, there may be little or no interest from the private sector in providing the service. Private, sector interest can be measured in a number of ways including: Various financial analyses specific to the service, including simple cash flow analysis to determine the net cash flow required by a private partner, and how this net cash flow requirement can be achieved - is it through the introduction of user fees or increased tax rates? Overlay of a capitalization rate on net operating income/against asset valuation; Page 8 of 22 • Issuing a Request for Expressions of Interest-this document would detail the broad objectives of the desired partnership and the risks the municipality is willing to share; • Seeking advice from other government jurisdictions that have partnered similar activities, and Seeking advice from consultants. If the private sector does not show sufficient interest in providing a particular service, the government may either change the scope of the project (i.e., reallocate risks or increase compensation) or eliminate it from further consideration for P3. Services where there is an adequate level of private sector interest (i.e., two or more interested and qualified proponents) will proceed to the implementation stage. iii A Consultation and Communication Plan Is Required Note: Consultation and communication are two separate things. While the plans for each can be developed together, there may be instances where separate plans are required. While a group of stakeholders will be involved in the development of the business plan, a broader consultation and communication plan is required to reach the community. The potential for successful implementation of a P3 is greatly enhanced if such a plan is properly conceived and executed. The Consultation and Communication Plan should be developed and submitted with the detailed Business Plan. The benefits of doing this are many: • The fear of change and the unknown can be managed by providing an open, transparent process where the community is involved in a meaningful way; • The public-private partnership proposal can be shaped to better meet the needs of the end users as well as to reflect the concerns of other stakeholders; • Innovative and cost-effective ideas and concepts may be identified in the course of the consultation program; • The "other" partners - namely the end users and those involved in providing the service - are brought into the process, and their objectives, concerns and needs can be identified and addressed in the public-private partnership. As is the case in every stage of the P3 process, the project team should prepare a consultation and communications strategy that involves all of the key stakeholders at appropriate times in the process. The strategy should facilitate two-way communication between the government and the affected stakeholders. Various methods of disseminating information and receiving responses should be provided in the strategy. The strategy should include the following: • Objectives of the consultation and communications strategy; • Identification of key stakeholder groups and their interests in the project/servicing initiative; • The key milestones in the project/servicing initiative where consultation and communication is required or desirable; o Tliëtiñie ffa—frie7 and points intheproceSs'whte the involveinentof variousstakehoidersisrequired; • The overall approach and methods to be used for informing the stakeholders as well as receiving input from them; • The involvement of the media in the communications process; • How statutory requirements will be met, including notification, advertising, disclosure of agreements. The extent of the consultation program should reflect the scope of the project and the existing or expected interest in it by stakeholder groups. Larger, more controversial projects should be accompanied by an extensive consultation and communication plan that incorporates a variety of approaches and methods over an extended period of time. Smaller or less controversial projects may not require the same level of effort. Stakeholders should be involved as early as possible in the process to avoid difficulties at later stages. Page 9 of 22 iv Selecting a Preferred Partner The selection of a preferred partner is basically the commitment to enter into negotiations with one party. The steps required to select the private partner include: • Issuing a Request for Expressions of Interest (RFEI) or Request for Qualifications (RFQ) • Evaluating the RFEI and RFQ submissions and shortlisting as appropriate. • Issuing a Request for Proposals (RFP) to the shortlisted candidates. • Evaluating the RFP submissions in relation to the established criteria • Selecting the preferred partner Documenting and recording the selection process It is imperative when seeking a qualified private sector partner that the municipality accurately document and record the selection process. At the minimum, this documentation and recording of proceedings in the selection process should include: • The names of all respondents to a Request for Qualifications (RFQ), a Request for Expressions of Interest (RFEI) and a Request for Proposal (RFP); • Reasoning behind the elimination of potential partners at each stage of the evaluation process; • Minutes of all meetings; • A review of how each of the bidder's submissions was compared and evaluated at the RFQ, RFEI and RFP stages of the process; • All information that was disclosed in response to questions or requests for information from potential partners and how the requests were handled; Maintaining these documents and records is essential as it ensures that the selection process was fair, open and transparent. Not only does this build trust with the private sector for future partnership opportunities, but also confidence from constituents who will be the end users of infrastructure or services provided by the public-private partnership. v Negotiation Once the selection team has chosen the preferred private partner, the public-private partnership agreement must be negotiated. This does not preclude negotiating concurrently with two or more proponents. This section contains guidelines for: Reaffirming government objectives • Establishing a negotiating team • Determining the type of agreement and what it should include • Addressing labor law and statutory regulations These guidelines should be taken into account in negotiating the partnership agreement. Prep_aiig for the Negotiations The results of the evaluation process, including a recommendation on risk allocation, will be presented to Municipal Council for a decision prior to the start of contract negotiations with the successful applicant. The following guidelines should be taken into account in the negotiation of a public-private partnership. Municipal Objectives Municipal objectives should be reaffirmed, including: • Ensuring the agreements contain all necessary controls over quality, excellence and effectiveness of the service or facility, since these matters generally cannot be regulated unilaterally by the government after the long-term agreements are made; • Clearly allocating the risks between the government and the private partner; Page 10 of 22 • Ensuring the combination of benefits afforded by the public-private partnership will be better than if only the government provided the facility or service (e.g., cost, service, implementation time); • Ensuring the public is protected in the event the private partner becomes insolvent, bankrupt or walks away during the term of the agreement; • Ensuring the government is obtaining value for money. The consideration provided by the government must be balanced by the benefits received by the community; Establishing the Negotiating Team It is important to have a leader or point person to lead the negotiations. There can only be one leader, so the other side does not "divide and conquer" and so that one individual takes responsibility and accountability for the process and results. This person leads the preparation and the negotiations. The Negotiating Team can be a subset of the P3 Project Team and would be responsible for reporting to Council, through the P3 Project Team. If necessary, external assistance can be sought on the Negotiating Team. Negotiation team members are necessary for conferencing before and during negotiations, taking notes, providing specialized advice (e.g., financial calculations during negotiations) and having knowledge of the documents as the negotiations progress. The negotiating team must prepare by establishing objectives, strategically planning, ascertaining the facts and conducting due diligence regarding the private partner. Such strategic planning deals with long- range objectives and is more important than tactics. Most of this material will be included in the business plan developed with the input of stakeholders. First, it is important to establish objectives as opposed to simply positions. These objectives must be based on the strong commitment of the team, be the result of significant preparation, have the support of the government elected body and be realistic in light of the powers of the government. When these have been outlined, tactics can then be planned to achieve public sector objectives and strategies. All strategies and tactics should be vetted with the government elected body so there are no surprises. It is important to find out about the private party that is partnering with the government. Information may be obtained from discussions with junior members of other negotiating teams or other representatives of the private partner, investor newsletters, financial statements, banks, contractors with the other party, other governments and in some cases, the proceedings of tribunals (e.g., Utilities Commission). If the private party contacts the government during the negotiations, it is important to listen but provide no information. Identif' the strengths and weaknesses of each side in the negotiations and try to ascertain what is the least-cost alternative, least-worth alternative and bottom line of the private partner. Objectives to be Achieved During the Negotiation Process There are a number of objectives to be achieved during the negotiation process. These include: • Identifying responsibilities of the respective public and the private partners • Setting out the legal liabilities of the respective public and private partners • Identifying clear standards of performance, goods to be delivered, services performed and delivery or performance dates • Ensuring control of costs, quality, service, deadlines, safety, community relations, compliance and operating/maintenance requirements • Balancing risks and benefits between the public and private partners (e.g., financial savings, return on investment, increased service) • Contingency arrangements if the private partner is dissolved, bankrupt, contravenes the agreement or agreements, or if the partnership is dissolved Page 11 of 22 • Identifying mechanisms for monitoring performance, quality of service and other government objectives • Establishing conflict resolution mechanisms • Providing a buy-back clause to permit the government to reacquire the service or facility vi Agreements Required While each agreement relating to a public-private partnership arrangement is different, some items should be considered for inclusion: • A description of the project (including information on the scope of the project), deliverables, the term and the effective date of the agreement; • Payment provisions, including the time, amount and currency; • Identification of the private partner's management team, including: - identification of key individuals and covenants relating to their participation - identification of the contract manager - provisions for the replacement of key individuals or contract managers - requirements for private partner representatives, officers or employees to be on site or in the community • Administrative relationships of the parties, including: - identification of the parties' contract manager - clarification as to whether the government may inspect, attend on the site, monitor, measure results or otherwise administer the terms and conditions of the agreement - a review process, pursuant to which the parties assess performance - schedules of meetings and who should attend, in relation to contract administration • Transfer, lease, licence or use of government premises or facilities, including responsibilities for insurance, liability, security, operation and maintenance, maintenance standards/timing; • Allocation of revenue from services or facilities; • Acceptance of deliverables, equipment standards; • Contract revision arising from material change (e.g., changes in technology, equivalent materials, applicable laws, acts of God or other unforeseen circumstances, change of scope); • Lending, borrowing and financing arrangements, including payments, rates, security and notice; • Indemnity, release and insurance provisions; • Due diligence of the parties: • Applicable manuals, including their preparation, approvals and amendment; • Risk management strategy, including risk allocation, guarantees and warranties; • Dealing with statutory and regulatory requirements; • "Re-openers" to deal with major change; • Process, including approvals, related to engaging subcontractors or other private partners; • Termination provisions, including: - business failure - insolvency or bankruptcy - breach of contract - major change, including provision for re-entry or buy-back by the government, transfer to another private partner or shutting down the project • Labour relations provisions, including: - successor rates - wage and benefit guarantees - dealing with the cost of staff reduction - treatment of employees on contract termination - relocation of identified employees to the private partner Page 12 of 22 - Workers? Compensation Board provisions - employment equity, if applicable - fair wages, if applicable - local preference for hiring • User fees regulation • General matters, including: - conflict or dispute resolution mechanisms, such as commercial arbitration, alternate dispute resolution or other remedies or recourses - confidentiality and privacy, subject to the Freedom of Information and Protection of Privacy Act - force majeure - notices where information is to be sent and conditions governing transfer of information between or among the parties - termination provisions that identify which clauses survive termination - clarification that the contract is governed by the laws of the specific province and Canada - establishment of a contract amendment process - clarification that the set of agreements constitutes the entire agreement between the parties and supersedes any prior communications - identification of how rights may or may not be waived or acquiesced to during the term - publicity - ownership of intellectual property, facilities or new technologies developed vii Construction Works/Plans/Contract Management Construction Works Contracting authorities purchasing construction works typically retain extensive monitoring and inspection rights, including the right to review the construction project and request modifications to it, to follow closely the construction work and schedule, to inspect and formally accept the completed work and to give final authorization for the operation of the facility. On the other hand, in many privately financed infrastructure projects, the contracting authority may prefer to transfer such responsibility to the concessionaire. Instead of assuming direct responsibility for managing the details of the project, the contracting authorities may prefer to transfer that responsibility to the concessionaire by requiring the latter to assume full responsibility for the timely completion of the construction. The concessionaire, too, will be interested in ensuring that the project is completed on time and that the cost estimate is not exceeded, and will typically negotiate fixed-price, fixed-time turnkey contracts that include guarantees of performance by the construction contractors. The municipality must decide at the outset how the works will be managed. Legislative Responsibilities of the Municipality - The municipality must make sure that while it is a partner in the project, it still has a legislative responsibility with respect to the project. These two roles must be kept separate. The project agreement should set out in detail the steps where the municipality is going to be dealing with the project as the legislative authority rather than as the partner so that authorities & responsibilities are clearly understood. Variation in the Project Terms During the course of construction of an infrastructure facility, it is common for situations to arise that make it necessary or advisable to alter certain aspects of the construction. The municipality may therefore Page 13 of 22 wish to retain the right to order changes in respect of such aspects as the scope of construction, the technical characteristics of equipment or materials to be incorporated in the work or the construction services required under the specifications. Given the complexity of most infrastructure projects, it is not possible to exclude the need for variations in the construction specifications or other requirements of the project. However, such variations often cause delay in the execution of the project or in the delivery of the public service; they may also render the performance under the project agreement more onerous for the concessionaire. Furthermore, the cost of implementing extensive variation orders may exceed the concessionaire's own financial means, thus requiring substantial additional funding that may not be obtainable at an acceptable cost. Measures to control the possible need for variations must be developed. The project agreement should set forth the specific circumstances under which the contracting authority may order variations in respect of construction specifications and the compensation that may be due to the concessionaire, as appropriate, to cover the additional cost and delay entailed by implementing the variations. The project agreement should also clarify the extent to which the concessionaire is obliged to implement those variations and whether the concessionaire may object to variations and, if so, on which grounds. According to the contractual practice of some legal systems, the concessionaire may be released of its obligations when the amount of additional costs entailed by the modification exceeds a set maximum limit. Infrastructure projects are complicated and compensation methods can include a combination of various methods, ranging from lump-sum payments to tariff increases, or extensions of the concession period. For instance, there may be changes that result in an increase in the cost that the concessionaire may be able to absorb and finance itself and amortize by means of an adjustment in the tariff or payment mechanism, as appropriate. If the concessionaire cannot refinance or fund the changes itself, the parties may wish to consider lump-sum payments as an alternative to an expensive and complicated refinancing structure. Guarantee Period The construction contracts negotiated by the concessionaire will typically provide for a quality guarantee under which the contractors assume liability for defects in the works and for inaccuracies or insufficiencies in technical documents supplied with the works, except for reasonable exclusions (such as normal wear and tear or faulty maintenance or operation by the concessionaire). Additional liability may also derive from statutory provisions or general principles of law, such as a special extended liability period for structural defects in works, which is provided in some legal systems. The project agreement should provide that final approval or acceptance of the facility by the contracting authority will not release the construction contractors from any liability for defects in the works and for inaccuracies or insufficiencies in technical documents that may be provided under the construction contracts and the applicable law. Contractmanagernent: A good contract manager or management team is key to any successful P3 project. A contract manager must be the single point of contact, ensuring not only that the obligations of the contract are met, but also that the agreed on risk allocation is maintained throughout the life of the agreement. The manager andlor, the management team will require skills ranging from contract management skills to interpersonal skills. While these skills can be maintained in-house or on-call, experience suggests that a strong, capable contract manager should be at the helm of any team and that this manager and staff be appointed at an early stage; in this way, they will be aware of how the contract was developed and the finer points of what was agreed to. Page 14 of 22 Training on contract management and partnerships will likely need to be offered to core project team staff. Perhaps some of this training can be offered in conjunction with the partner to save costs and start a solid working relationship. "It is important to move quickly on education and training. Experience elsewhere has shown that the P3 process can be damaged if the requirements for action are ahead of the capacity of participants to deliver. This is not a 'go slow' recommendation; rather it demonstrates the critical nature of the education component in implementing P3s." Building Partnerships: Report of the Task Force on Public-Private Partnerships, BC Gov 't 1996, No matter what the situation, the length of most P3 arrangements means that some staff will likely change. With continuity difficult to maintain, succession planning is important. Depending on the intricacies of the project, it may also be prudent to hire auditors occasionally to ensure the adequacy of the government's contract management and performance monitoring abilities and procedures. V Reporting Monthly progress reports should be provided to Council. Such reports will provide an update on construction, contractual, and financial issues. VI Conclusion Used properly, P3s can serve as a valuable tool. This handbook attempts to provide a systematic approach to dealing with P3s. Page 15 of 22 Appendix (Fig 2.1) Types of Public Private Partnerships Type of PPP Features The municipality Advantages Disadvantages Applications Operations and The municipality A broad range of • potential service • collective agreements Maintenance contracts with a private municipal services quality and efficiency may not permit partner to operate and including water and improvements contracting out maintain a publicly wastewater treatment • cost savings • costs to re-enter owned facility, plants, solid waste • flexibility in structuring service if contractor removal, road contracts defaults maintenance, parks • ownership vests with • reduced owner control maintenance/landscape The municipality and ability to respond maintenance, arenas to changing public and other recreation demands facilities, parking facilities, sewer and storm sewer systems. Design-Build The municipality Most public infrastructure • access to private • reduced owner control contracts with a private and building projects, sector experience • increased cost to partner to design and including roads, • opportunities for incorporate desirable build a facility that highways, water and innovation and cost design features or conforms to the wastewater treatment savings change contract in standards and plants, sewer and water • flexibility in other ways once it has performance systems, arenas, procurement been ratified requirements of The swimming pools and • opportunities for • more complex award municipality. Once the other The municipality increased efficiency in procedure facility has been built, facilities, construction • lower capital costs The municipality takes • reduction in may be offset by ownership and is construction time higher operating and responsible for the • increased risk placed maintenance costs if operation of the facility, on private sector life-cycle approach not • single point taken accountability for the owner • fewer construction claims Turnkey Operation The municipality This form of public • places construction • reduced The provides the financing for private partnership is risk on the private municipality control the project but engages applicable where the partner over facility operations a private partner to public sector maintains a • proposal call can • more complex award design, construct and strong interest in control design and procedure operate the facility for a ownership but seeks to location requirements • Increased cost to specified period of time. benefit from private as well as operational incorporate changes Performance objectives construction and objectives in design and are established by the operation of a facility. • transfer of operating operations once public sector and the This would include most obligations can contract is completed public partner maintains infrastructure facilities, enhance construction • depending on the type ownership of the facility, including water and quality of infrastructure, wastewater treatment • potential public sector financing risk may be plants, arenas, benefits from incurred by The swimming pools, golf increased efficiency in municipality courses and The private sector thünicipaIityuildWis. - • potential public sector benefits from increased efficiency in private sector operation of the facility • construction can occur faster through fast- track construction techniques such as design-build Page 16 of 22 Type of PPP Features The municipality Advantages Disadvantages Applications Wrap Around A private partner Most infrastructure and • public sector does not • future facility Addition finances and constructs other public facilities, have to provide capital upgrades not included an addition to an existing including roads, water funding for the in the contract with the public facility. The private systems, sewer systems, upgrade private partner may be partner may then operate water and wastewater • financing risk rests difficult to incorporate the addition to the facility treatment plants, and with private partner at a later date for a specified period of recreation facilities such • public partner benefits • expense involved in time or until the partner as ice arenas and from the private alteration of existing recovers the investment swimming pools. partner's experience contracts with the plus a reasonable return in construction private partner on the investment. • opportunity for fast- • perceived loss of tracked construction control using techniques such • more complex as design-build contract award • flexibility for procedure procurement • opportunities for increased efficiency in construction • time reduction in pro- ______________________ ject_implementation Lease - Purchase The municipality Can be used for capital • improved efficiency in • reductions in control contracts with the private assets such as buildings, construction over service or partner to design, fi- vehicle fleets, water and • opportunity for infrastructure nance and build a facility wastewater treatment innovation to provide a public serv- plants, solid waste • lease payments may ice. The private partner facilities and computer be less than debt then leases the facility to equipment. service costs The municipality for a • assignment of specified period after operational risks to which ownership vests private sector with the local govern- developer ment. This approach can • improve services be taken where The available to residents municipality requires a at a reduced cost new facility or service but • potential to develop a may not be in a position "pay for performance" to provide financing, lease Temporary Ownership of an existing This model can be used • if a contract is well • perceived or actual Privatization public facility is for most infrastructure structured with the loss of control transferred to a private and other public facilities, private partner, the • initial contract must be partner who improves including roads, water municipality can retain written well enough to and/or expands the systems, sewer systems, some control over address all future facility. The facility is water and wastewater standards and eventualities then owned and treatment plants, parking performance without • private sector may be operated by the private facilities, The incurring the costs of able to determine the partner for a period municipality buildings, ownership and level of user fees, specified in a contract or airports, and recreation operation which they may set until the partner has facilities such as arenas • the transfer of an higher than when un- recovered the investment and swimming pools. asset can result in a der The municipality plus a reasonable return, reduced cost of control operations for The -- - - . difficulty_replacing._ municipality private partner in the • private sector can event of a bankruptcy potentially provide or performance increased efficiency in default construction and • potential for The operation of the facility municipality to ree- • access to private merge as the provider sector capital for of a service or facility construction and in the future operations • displacement of The • operational risks rest municipality with the private employees partner • labour issues in transfer of The municipality Page 17of22 Type of PPP Features The municipality Advantages Disadvantages Applications employees to the private_partner Lease-Develop- The private partner Most infrastructure and • if the private partner is • perceived or actual Operate or Buy leases or buys a facility other public facilities, purchasing a facility, a loss of control of facil- Develop-Operate from The municipality, including roads, water significant cash infu- ity or infrastructure expands or modernizes systems, sewer systems, sion can occur for The • difficulty valuing as- it, then operates the water and wastewater municipality sets for sale or lease facility under a contract treatment plants, parking • public sector does not • issue of selling or with The municipality, facilities, The have to provide capital leasing capital assets The private partner is municipality buildings, for upgrading that have received expected to invest in airports, and recreation • financing risk can rest grant funding facility expansion or facilities such as arenas with the private • if a facility is sold to a improvement and is and swimming pools, partner private partner, failure given a specified period • opportunities exist for risk exists—if failure of time in which to increased revenue occurs, The recover the investment generation for both municipality may need and realize a return, partners to reemerge as a pro- • upgrades to facilities vider of the service or or infrastructure may facility result in service • future upgrades to the quality improvement facility may not be for users included in the • public partner benefits contract and may be from the private part- difficult to incorporate ner's experience in later construction • opportunity for fast- tracked construction using techniques such as design-build • flexibility for procurement • opportunities for in- creased efficiency in construction • time reduction in proj- _____________________ ect_implementation Build- Transfer- The municipality Most infrastructure and • public sector obtains • possible difficulty in Operate contracts with a private other public facilities, the benefit of private replacing private partner to finance and including roads, water sector construction sector entity or build a facility. Once systems, sewer systems, expertise terminating completed, the private water and wastewater • public sector obtains agreements in event partner transfers treatment plants, parking the potential benefits of bankruptcy or ownership of the facility facilities, The and cost savings of performance default to The municipality. The municipality buildings, private sector municipality then leases airports, and recreation operations the facility back to the facilities such as arenas • public sector main- private partner under a and swimming pools. tains ownership of the long-term lease during asset which the private partner • public sector owner- has an opportunity to ship and contracting recover its investment out of operations limits and a reasonablerate of - , - anyprincial and - - return, federal tax -- requirements • public sector main- tains authority over the levels of service(s) and fees charged • compared to a Build- Operate- Transfer model, avoids legal, regulatory and tort li- ability issues • under Occupiers' Liability Act, tort liability can be avoided • government control of Page 18 of 22 Type of PPP Features The municipality Advantages Disadvantages Applications operational perform- ance, service stan- dards and mainte- nance • ability to terminate agreements if service levels or performance standards not met, although facility would continue to permit re- payment of capital contributions and loans and introduction of new private partner • construction, design and architectural sav- ings, and likely long- term operational savings _________ Build-Own- The private developer Most public infrastructure • maximizes private • facility may transfer Operate-Transfer obtains exclusive services and facilities, sector financial re- back to the public franchise to finance, including water and sources, including sector at a period build, operate, maintain, wastewater systems, capital cost allowance when the facility is manage and collect user recreation facilities, • ensures the most "work" and operating fees for a fixed period to airports, The municipality efficient and effective costs are increasing amortize investment. At administration and facility is constructed, • public sector loses the end of the franchise, operations buildings, based on life-cycle control over the capi- title reverts to a public parking facilities and costs tal construction and authority, solid waste management • allows for a private initial mode of facilities, sector operator for a operations predetermined period • initial contract must be of time written sufficiently well • the community is pro- to address all future vided with a facility, eventualities without large up-front • the private sector can capital outlay and/or determine the level(s) incurring of long-term of user fees (unless debt the public sector • all "start-up" problems subsidizes use) are addressed by the • less public control private sector operator compared to Build- • access to private Tra nsfer-Ope rate sector experience, structure management, equip- • possible difficulty in ment, innovation and replacing private sec- labour relationships tor partner or deter- may result in cost mining agreements if savings bankruptcy or • risk shared with performance default private_sector Build-Own- The municipality either Most public infrastructure • no public sector in- • the private sector may Operate transfers ownership and and facilities, including volvement in either not operate/construct responsibility for an water and wastewater providing or operating the building and/or existing facility or systems, parking the facility service 'in the public contracts with a private facilities, recreation • public sector can good" partner to build, own and facilities, airports, The "regulate" the private • the public sector has operate a new facility in municipality sector's delivery of a no mechanism to perpetuity. The private administration and 'regulated/ monopo- regulate the "price" of partner generally operations buildings. listic" service area the service, unless it provides the financing. • private sector oper- is a specifically ates the service in the regulated commodity most efficient manner, • the good/service be- both short-term and ing delivered is sub- long-term ject to all federal, pro- • no public sector fi- vincial and municipal nancing is required tax regulations • income tax and prop- • no competition, erty tax revenues are therefore necessary to Page 19 of22 Type of ppp Features The municipality Applications Advantages Disadvantages generated on private make rules and regu- facilities, delivering a lations for operations "public good" and to control pricing long-term entitlement to operate facility is incentive for devel- oper to invest significant_capital Bibliography Copyright - Public Private Partnership - A Guide for the Municzpality - May 1999 - Ministry of Municipal Affairs Public Private Partnership - A Canadian Guide - September 2001 - Industry Canada Page 20 of 22 .1 / 1 6(0-0( CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: His Worship Mayor Al Hogarth DATE: June 12, 2002 and Members of Council FILE NO: FROM: Chief Administrative Officer ATTN: SUBJECT: Disbursements for the month ended May 31, 2002 EXECUTIVE SUMMARY: Council has authorized all voucher payments to be approved by the Mayor or Acting Mayor, together with the Director of Finance. Council authorizes the vouchers the following period through Council resolution. The disbursement summary for the past period is attached for your information. Expenditure details are available to any Council member for review in the Finance Department RECOMMENDATION: That the "disbursements as listed below for the month ended May 31, 2002 now be approved" GENERAL $3,237,475.49 PAYROLL 1,166,203.43 54,403,678.92 DISCUSSION: Background Context: The adoption of the Five Year Consolidated Financial Plan has appropriated funds and provided authorization for expenditures to deliver municipal services. The disbursements are for expenditures that are provided in the financial plan. Citizen/Customer Implications: The citizens of Maple Ridge are informed on a routine monthly basis of financial disbursements. c)PolkyIiüpliëatfoiIs: Approval of the disbursements by Council is in keeping with corporate governance practice. CONCLUSIONS: The disbursements for the month ended May 31, 2002 have been reviewed and are in order. lqbz Prepared by: Catherine Nolan Accountant I Approved by. Jacoa,A Director of Fin ce Approvedyç... Paul Gli4B)-Q-' çC GM - Corporate & Financial Services Concurrence:rActiike Murray ,/ ng Chief AdI)linistrativ Officer cn CORPORATION OF THE DISTRICT OF MAPLE RIDGE MONTHLY DISBURSEMENTS - PERIOD 5,2002 VENDOR NAME DESCRIPTON OF PAYMENT AMOUNT ANDREW SHERET LTD SUPPLIES - WATERWORKS 26,490.10 B C GAS UTILITY LTD GAS CHARGES - LEISURE CENTRE 17,517.24 B C S P C A CONTRACT PAYMENT 12,938.00 LICENCE COMMISSION 6,637.75 MISC CHARGES 1,573.35 21,149.10 BC HYDRO HYDRO SERVICE 76,490.21 BOO DUNWOODY AUDIT FEES 21,810.20 CANADA PIPE COMPANY LTD SUPPLIES - WATERWORKS 31,534.18 CHERRY HOMES LTD. RCMP RENO 44,130.88 SEWER PUMP STN 2,578.17 MAINTENANCE - VARIOUS SITES 1,805.97 RCMP CALLOUT 448.44 RENTAL PROPERTY MAINTENANCE 825.04 SPCA RENOVATIONS 1,386.61 51,175.11 CHEVRON CANADA LTD FUEL 33,804.21 CLARICA LIFE INSURANCE CO PREMIUMS 96,510.22 COLUMBIA BITULITHIC LTD ROADWORKS - RELOCATE ACCESS TO EXTRA FOODS 42,275.70 ROADWORKS - 224TH & MCINTOSH 36,479.51 ROADWORKS - MULCHING AT 216TH 3,098.72 GRAVEL 30,078.60 111,932.53 COMPAQ CANADA INC EQUIPMENT MAINTENANCE CONTRACT 28,342.11 DELL COMPUTER CORPORATION COMPUTER EQUIPMENT 36,708.70 EMERGENCY COMMUNICATIONS FOR ECOMM PAYMENT 26,288.00 GOLDER & ASSOCIATES CONSULTING - KANAKA CREEK BRIDGE 38,046.88 CONCULTING - WHONNOCK LAKE GREATER VANC WATER DISTRICT WATER CONSUMPTION - FEBRUARY 139,864.12 GREATER VANCOUVER REGIONAL DIS DEBT PAYMENTS 263,664.15 GUILLEVIN INTERNATIONAL INC FIRE DEPARTMENT SUPPLIES 38,430.35 SHERWOOD CONSTRUCTION LTD GRAVEL 17,405.98 JACK CEWE LTD GRAVEL 2,556.48 MISC ROADWORKS-206TH (LGHD-119TH) 29,761.23 32,317.71 KOR-ALTA CONSTRUCTION LTD SECURITY DEPOSIT RELEASE 32,500.00 MAPLE RIDGE CARPET ONE RCMP RENO 25,000.00 MCTAR PETROLEUM LTD ROAD SALT 20,591.57 MEDICAL SERVICES PLAN PREMIUMS 17,466.00 METRO MOTORS LTD 2002 FORD TRUCK F150 SN#2FTRX181-32CA66433 31,783.70 2002 FORD TRUCK F150 SN#2FTRX181-12CA66432 31,783.70 2002 FORD TRUCK F150 SN#2FTRF17252CA66431 22,694.69 86,262.09 MICHELLE GRANDBOIS CHILD MINDING SERVICES - LEISURE CENTRE 15,420.31 MRTC TOWER LIMITED PARTNERSHIP LEASE PAYMENT - LIBRARY 50,722.90 LEASE PAYMENT - OFFICE TOWER 32,877.12 83,600.02 MUNICIPAL INSURANCE ASSOC INSURANCE COSTS 19,479.76 MUNICIPAL PENSION PLAN REMITTANCES 111,953.54 OAKCREEK GOLF & TURF INC TRACTOR MOWER 58,201.37 PREMIER PACIFIC GRASS SEED 18,600.88 PROFESSIONAL MECHANICAL LTD MAINTENANCE - RCMP 22,788.33 MAINTENANCE - FIRE HALL 2,552.71 MAINTENANCE - YENNADON COMMUNITY CTR 374.28 MAINTENANCE - WHONNOCK LAKE CENTRE 71.16 MAINTENANCE - PITT MEADOWS FAMILY REC CENTRE 1,578.25 MAINTENANCE- LEISURE CENTRE 8,392.01 MAINTENANCE - MUNICIPAL HALL 610.70 MAINTENANCE - OPERATIONS CENTRE 230.85 36,598.29 RECEIVER GENERAL FOR CANADA REMITTANCES PP 02109 178,206.86 REMITTANCES PP 02/10 194,619.20 372,826.06 RG ARENAS (MAPLE RIDGE) LTD. ICE RENTAL MAR 2002 56,921.65 COLLECTION SERVICES CORPORATION OF THE DISTRICT OF MAPLE RIDGE MONTHLY DISBURSEMENTS -PERIOD 5,2002 VENDOR NAME DESCRIPTON OF PAYMENT AMOUNT SCHOOL DISTRICT NO 42 SCHOOL SITE ACQUISITION FEES COLLECTED IN TRUST 223,742.83 ST MICHEL CONSULTING INC CONSULTING - ROADWORKS 15,836.00 SUNLIFE ASSURANCE CO OF CANADA LEASE PAYMENT - LEISURE & YOUTH CENTRE 62,436.94 TD VISA VISA PURCHASES - APRIL 2002 106,485.48 WEST COAST KINESIOLOGY SERVICE FITNESS SUPPLIES 15,181.98 WESTLAND TREE SERVICES LTD SPRING CHIPPING PROGRAM 29,831.60 DISBURSEMENTS IN EXCESS OF $15,000 2,590,022.03 DISBURSEMENTS UNDER $15,000 647,453.46 TOTAL PAYEE DISBURSEMENTS 3,237,475.49 PAYROLL PP 02/09-11 1,166,203.43 TOTAL PERIOD 5, 2002 DISBURSEMENTS 4,403,678.92