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HomeMy WebLinkAbout2004-02-23 Workshop Agenda and ReportsCorporation of the District of Maple Ridge COUNCIL WORKSHOP AGENDA February 23, 2004 9:00 a.m. Blaney Room, 1st Floor, Municipal Hall The purpose of the Council Workshop is to review and debate policies and other items of interest to Council. Although resolutions max' be passed at this tneeting, the intent is to make a consensus decision to send an item to Council for debate and vote or refer the item back to stafffor more information or clarification. REMINDERS February 23 Closed Council 11:00 a.m. February 24 Council 7:00 p.m. ADOPTION OF THE AGENDA MINUTES - February 16, 2004 DELEGATIONS 3.1 Ministry of Transportation - Highway 7 Improvements UNFINISHED AND NEW BUSINESS 4.1 Accreditation by Delegation through Justice Institute, Assistant Fire Chief, Training Discussion of staff report dated February 18. 2004 recommending that staff be directed to proceed with the application for Accreditation from the Justice Institute. 4 Council Workshop February 23, 2004 .4 Page 2 of 3 4.2 Downtown Core Approval Process 4.3 Financial Workshop "Property Taxation" Part 11(30 minute presentation) 4.4 Animal Services Contract with the SPCA Discussion of staff report dated February 18, 2004 recommending that the Mayor and Municipal Clerk be authorized to sign a Fee for Service Agreement with the B.C.S.P.C.A. CORRESPONDENCE 5.1 GVRD, Recognition of Local Government as an Equal order of Government in the Context of Treaties and Treaty Negotiations Letter dated December 8, 2003 requesting support of the proposal that the Constitution of Canada be amended to provide, protect and prescribe the powers of local government. BRIEFING ON OTHER ITEMS OF INTEREST/QUESTIONS FROM COUNCIL MA TTERS DEEMED EXPEDIENT ADJOURNMENT C/zeckedbv: C. 1fa..1jy- Date. Council Workshop February 23, 2004 Page 3 of 3 Rules for Holding a Closed Meeting A part of a council meeting may be closed to the public if the subject matter being considered relates to one or more of the following: personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality; personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality on condition of anonymity; labour relations or employee negotiations; the security of property of the municipality; the acguisition, disposition or expropriation of land or improvements, if the council considers that disclosure might reasonably be expected to harm the interests of the municipality; law enforcement, if the council considers that disclosure might reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment; litigation or potential litigation affecting the municipality; an administrative tribunal hearing or potential administrative tribunal hearing affecting the municipality, other than a hearing to be conducted by the council or a delegate of council the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; information that is prohibited or information that if it were presented in a document would be prohibited from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act; negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public; (I) discussions with municipal officers and employees respecting municipal objectives, measures and progress reports for the purposes of preparing an annual report under section 98 [annual municipal report] a matter that, under another enactment. is such that the public may be excluded from the meeting; the consideration of whether a council meeting should be closed under a provision of this subsection of subsection (2) the consideration of whether the authority under section 91 (other persons attending closed meetings) should be exercised in relation to a council meeting. information relating to local government participation in provincial negotiations with First Nations. where an agreement provides that the information is to be kept confidential. CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: Her Worship Mayor Kathy Morse DATE: February 18, 2004 and Members of Council FILE NO: FROM: Chief Administrative Officer ATTN: C of W SUBJECT: Fire Department Training - Accreditation by Delegation from Justice institute EXECUTIVE SUMMARY: Our fire fighters receive excellent training, however the training is not recognised by an accrediting body. in its 2004/2008 Business Plan, the Fire Department made a commitment to work with the Justice Institute on a partnership that would formally recognize the training we provide. After considerable discussion, the Justice Institute is prepared to consider delegating to us its accreditation authority (Accreditation by Delegation) for the training we provide. In essence, the Maple Ridge Fire Department has the opportunity to become an extension of the Justice Institute of BC Fire and Safety Division for several courses that we already offer. RECOMMENDATION(S): That Council direct the Fire Department Staff to proceed with the application for Accreditation by Delegation from the Justice Institute - Fire and Safety Division. DISCUSSION: Background: At the present time, if we wish to provide accredited training, we must pay for Justice institute instructors to provide the training or send our students to the Fire and Safety Training Centre. Both of these options present scheduling problems and costs are significant. The Justice Institute is prepared to consider our application for Accreditation by Delegation, and if successful this would have several advantages. Training to a recognised standard potentially reduces the liability in civil matters concerning our performance and procedures. Additionally, it will decrease costs in internal curriculum development by allowing us to access existing programs and by using our own instructors and evaluators. Another benefit of using Maple Ridge Staff is that training and evaluating will be more flexible to meet our scheduling needs. Furthermore, there is a significant advantage to fire fighters who will receive training that is recognized internationally. This may help us attract additional responders. The Accredited Training will not only support the department's current response capability but the future development of the department as well. Desired Outcome(s): We will be able to provide internationally recognised training at a relatively low cost and further enhance our partnership with the Justice Institute of BC. £1' Strategic Alignment: This initiative will result in a significant partnership with the Justice Institute, a world renowned training centre. Business Plan/Financial Implications: The cost of obtaining Accreditation by Delegation is approximately $1000 for a 5 year period, plus $45 per IFSAC Seal issued, (although 25 seals are included in the fee). It is estimated that the department would distribute another 50 seals per year for a total of $2250/year or approximately $12,250 over the 5-year period. This is considerably less than the cost of having the Fire and Safety Division provide the same training. These costs can be accommodated through existing budgets due to training costs we will avoid. Policy Implications: The Fire Department will develop a Standard Operational Guideline to govern the program in accordance with Justice Institute's requirements. 1) Alternatives: We do not have to apply for the accreditation. CONCLUSION: Receiving Accreditation by Delegation would enable the Maple Ridge Fire Department - Training Division to train and examine firefighters to NFPA Standards with international recognition. This reduces potential liability as well as augments the level of quality in the service we provide. Moreover, the Maple Ridge Fire Department will continue to be recognised as a leader in the fire service and thus sustain the fire department's ability to attract quality applicants when recruiting. Prepared by: Howard R. Exner Assistant Chief— Training Approved Iii': Peter Grootendorst, Fire Chief '7 Approved by: Pail Gifl, B.B.A., C.G.A., General Manager: Corporate and Financial Services Concurrence: J1L. (Jim) Rule hief Administrative Officer ILRbr.e - - CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: Her Worship Mayor Kathy Morse DATE: Februirv 18, 2004 and Members of Council FILE NO: FRO1\1: Chief Administrative Officer ATTN: COW SUBJECT: Fee for Service Agreement for the provision of Animal Control Services and Shelter Operations EXECUTIVE SUMMARY: Council directed staff to prepare a Fee for Service Agreement with the B.C.S.P.C.A. for the provision of Animal Control Services and Shelter Operations within the District of Maple Ridge. A three (3) year Fee for Service Agreement has been prepared for Council consideration. The Fee for Service Agreement is attached to this report and details the services to be provided on behalf of the District. RECOMfIENDATION(S): That the Mayor and Municipal Clerk be authorised to sign and seal the attached "Fee for Service Agreement" with the B.C.S.P.C.A. for the provision of Animal Control Services and Shelter Operations within the District of Maple Ridge. DISCUSSION: Background Context: A Request for Proposals for the provision of animal control and shelter operations was prepared and distributed to interested parties in late 2003. The B.C.S.P.C.A. was selected as the preferred service provider and staff were directed to prepare a Fee for Service Agreement for Council's consideration. The Fee for Service Agreement has incorporated the objectives outlined in the animal services business plan and focuses on service standards in the areas of animal care, animal adoptions, volunteer programs, customer service, staff qualification and training, animal control, emergency response, financial and statistical reporting and shelter operations. The suggested term of the agreement is three (3) years and either party has the ability to terminate the agreement with six (6) months notice. Desired Outcome(s): To ensure that animal control and care services within the District of Maple Ridge meet the service expectations and objectives detailed in the Animal Services Business Plan. Citizen/Customer Implications: The service provider will be expected to provide a level of service acceptable to Council and will be required to provide opportunities for the public to comment on their services. Customers will be encouraged to provide feedback through the implementation of customer feedback forms and the District will be provided with regular reports detailing the comments received and the resolutions reached on any customer complaints. Aq . .1 The service provider will be required to establish and operate a comprehensive volunteer program as a means of encouraging citizen participation in the area of animal care and protection. It will be expected that regular volunteer training and recognition programs will be held during the term of the agreement. Interdepartmental Implications: The service provider will liase with the Licensing, Permits and Bylaws Department and will meet regularly to discuss the performance of the service provider and review any areas of concern. Business Plan/Financial Implications: Costs associated to the provision of animal control and care services were approved by Council at the recent business plan and budget deliberations. Alternatives: Council may choose to provide in house services for the delivery of animal control and care services. It is anticipated that this method of service delivery will result in increased expenditures over those negotiated in the attached Fee for Service agreement. CONCLUSIONS: Staff are recommending that the attached Fee for Service agreement with the B.C.S.P.C.A. be signed and sealed by the Mayor and Municipal Clerk. / Prepared bi.': Brock McDonald Director, Business Licenses, Permits and Bylaws Approved all General Manager: Corporate and Financial Services / Con curre Ce: J.L. (Jim) Rule Chief Administrative Officer BM/bm SPCA CONTRA CT FOR SER VICES THISAGREEMENT made the day of 2004 BETWEEN: THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE, a District Municipality under the Municipal Act, R.S.B.C., 1979, Chp. 290 and having its offices at 11995 Haney Place, in the Municipality of Maple Ridge, in the Province of British Columbia, V2X 6A9; (hereinafter called the "District") OF THE FIRST PART AND: THE BRITISH COLUMBIA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, a duly established society under the Society Act, R.S.B.C., 1979, Chp. 390 and having its head office at 1245 East 71 Avenue, Vancouver, in the Province of British Columbia, V5T I R I and having a local shelter office at 10235 Industrial Avenue, Maple Ridge; (hereinafter called the "SPCA") OF THE SECOND PART WHEREAS the District recognizes the commitment, excellence and dedication of the SPCA; AND WHEREAS, both the District and the SPCA want their relationship formalized in order to assist them in the budgeting and planning of their respective operations; THIS AGREEMENT WITNESSETH in consideration of the premises and of the covenants and agreements of the parties hereto, the parties hereto agree as follows: Definitions 1. In this Agreement, unless the context otherwise requires: "animal control services" means all the work and services required to be performed by the SPCA under this agreement; "bylaws" means the District of Maple Ridge dog licensing and animal control bylaws; and the District of Maple Ridge cat spaying and neutering bylaw "shelter" means the District of Maple Ridge animal shelter presently located at 10235 Industrial Avenue, Maple Ridge; "pound" means the District of Maple Ridge animal shelter located at 10235 industrial Avenue, Maple Ridge, B.C. Any word or term not otherwise defined has the meaning given to it in the District's animal control bylaw. Scope 2. The scope of the agreement includes but is not limited to six broad objectives: to ensure public safety with respect to contact with animals. to address all public concerns relating to "nuisance" caused by domestic animals (for the purposes of this agreement "domestic animals" shall include dogs and cats); to ensure the humane treatment of animals within the District; to provide broad ranging and quality public education in order to facilitate the above; to partner with the District in providing quality dog licensing and control services. to implement and maintain a comprehensive volunteer program, including, without limitation, dog walking, dog grooming, adoption assistance, fostering and humane education. Terni 3. The term of this Agreement shall be for three (3) years from January 1, 2004 to December 3 1, 2006 inclusive. -7- Performance of Services The SPCA shall perform animal control services for the term in accordance with the terms and conditions set out in this agreement. Duties of the SPCA 5. The SPCA acknowledges that the District has appointed the SPCA as the poundkeeper of the District under the bylaw, and the SPCA agrees to exercise the powers and perform all the duties of the poundkeeper as set out in the bylaw. This includes without limitation the following: to exercise the powers and perform the duties of animal control services as set out in the bylaws; in and for the District at any and all times during the term of this agreement and without limiting the generality of the foregoing to pick up or receive and impound, hold for claim by the owners or attendant in care, and dispose of by adoption or transfer, unlicensed stray dogs and licensed dogs or other domestic animals; to provide food, water, shelter and veterinary care, where appropriate to all animals received at the shelter; enforce all laws and bylaws and regulations in effect from time to time of local, provincial and federal authorities having jurisdiction pertaining to the control of animals; respond, investigate and attend to complaints from the public regarding dogs at large or unlicensed or otherwise in contravention of the bylaw within the agreed response times established between the District and the S.P.C.A. to provide vehicles equipped with two-way radio communication together with a base station, telephone recorder and other in-vehicle equipment as necessary in the performance of animal control services; respond, investigate and attend to any complaint alleging a vicious or dangerous dog running at large, as defined by the bylaw, within the agreed response times established between the District and the S.P.C.A.; maintain regular contact with the Bylaw Enforcement Department and the RCMP in order to maintain a cooperative working relationship that provides seamless delivery of animal control services. This includes the exchange of after hours telephone numbers of local personnel for 24 hour emergency response; responsible for operation of shelter including payment of all operating, and other costs; -j- In Addition The SPCA Will Provide The Following Services: Shelter Operations/Animal Care the shelter will accept all stray or homeless domestic animals all animals at the shelter will be provided on a daily basis with good quality food which meets all the protein requirements and sustenance required to keep the animal in good health. all animals will be monitored daily in relation to the animals medical condition and those animals who appear sick will immediately receive appropriate veterinary care. A certified Animal Health Technician will examine each animal at the shelter a minimum of once per week all animals entering the shelter will be immediately vaccinated with the exception of very young animals and nursing mothers. all animals requiring medical attention beyond the scope of S.P.C.A. staff will be taken to local veterinarians for treatment. - 6), all animals at the shelter will be exercised regularly. 7) the euthanasia of animals received by the S.P.C.A. will be restricted to those animals who are terminally ill with no hope of recovery; the animal is aged in the sense that it has lost control of normal faculties; the animal is extremely aggressive and as such poses a danger to the public. Records of all animals euthanized, along with the reason for the procedure, will be submitted to the District of Maple Ridge. Shelter Operations/Adoptions the S.P.C.A. will promote and operate an animal adoption program. The S.P.C.A. will be expected to aggressively promote the adoption program by wa of the District of Maple Ridge web site, community service announcement programs, written materials, public event attendance and other effective means. A pre-adoption form approved by the District of Maple Ridge must be completed by all applicants prior to an adoption and all applicants must meet all requirements highlighted on the adoption application. the SPCA will ensure the following measures are carried out for each animal prior to the adoption: - the animal is spayed/neutered - micro - chipping of the animal - tattooing of the animal -4- - literature is provided on proper care and handling for the specific animal species being adopted. - a short checklist on each animal noting any obvious traits is provided to prospective owners. Shelter Operations/Volunteer Management the SPCA will establish and operate a volunteer program to operate from the shelter. the S.P.C.A. will designate a staff person to act in the capacity of volunteer manager and this individual will be trained in the area of volunteer coordination and management. volunteer programs including dog walking; dog and cat grooming; shelter maintenanc e/c leaning including kennels; food preparationlfeeding; foster parents: animal adoptions; office assistants; and others will be available at the shelter. all volunteers will be screened for suitability with the aid of a screening form designed for all volunteer positions. job descriptions/orientation sheets for each volunteer position will be available and will include the duties of the position and the expectations and responsibilities of the S.P.C.A. volunteer recognition programs and events will be held regularly. Shelter Operations/Customer Service/Staff Qualifications all employees at the shelter will provide excellent customer service and the S.P.C.A. will develop a procedure for encouraging customer feedback including the development of customer feedback forms and procedures acceptable to the District of Maple Ridge for the tracking and resolution of customer complaints. Quarterly reports detailing customer complaints/resolutions will be forwarded to the District of Maple Ridge. the S.P.C.A. will maintain a telephone information line to provide after hours information on shelter operating hours, emergency phone numbers, 24 hour veterinary service providers, and other relevant information. the S.P.C.A. will provide information to the general public on how to properly care for their animal by way of the municipal web site and written materials available at the shelter and other public facilities all employees working at the shelter will have received training in animal control and welfare from a recognized institution/program and receive on going training as necessary. the S.P.C.A. will ensure all employees at the shelter receive regular performance evaluations. Hours of Operation and Staffing 6. The animal shelter will be open to the public from 9:00 a.m. until 6:00 p.m. Monday to Friday and 9:00 a.m. to 5:00 p.m. Saturday and Sunday excluding statutory holidays. SPCA staff will make themselves available for flexible evening hours as needed. Staff will be available to respond to emergencies including dangerous/vicious dogs at large injured animals; other calls requiring immediate attention 24 hours per day seven days per week. The staff operating from the shelter will include a half time District Manager. a full time shelter supervisor, a full time Animal Protection Officer, a full time Animal Control Officer, 1.5 Animal Control Attendants and a full time receptionist. Fees Collected by the SPCA The SPCA will retain all fees collected at the animal shelter with the exception of the licence fees. The SPCA will retain a commission of 75% of the licences they sell after March 1st annually. Further the SPCA will retain 100% of the late penalty portion of the licence fee on those licences they sell for which a late penalty would apply. Payment 8. Subject to the terms and conditions of this Agreement, and in consideration of the performance of the services set out in Section 5 above, the District shall pay to the SPCA: For the period commencing January 1, 2004 and ending December 31, 2006 the amount of Nineteen Thousand Eight Hundred and Forty Five Dollars ($19,845.00) monthly, payable on the first day of each month. For the period commencing January 1, 2005 and ending December 3 1, 2005 the amount of Twenty Thousand Four Hundred and Forty One Dollars ($20.44 1.00), monthly, payable on the first day of each month. For the period commencing January 1, 2006 and ending December 31, 2006 the amount of Twenty One Thousand Fifty, Four Dollars ($21,054.00), monthly, payable on the first day of each month. The District of Maple Ridge will provide .65 cents per pound for the incineration of pathological waste as a result of dead animals received by the shelter or animals euthanized at the shelter. Financial Statements 9. The SPCA will provide to the District: a) an annual Business Plan developed by and for the shelter in a form acceptable to the District by June 15, 2004, the first year of this agreement, and by October 3 1, preceding the business plan year, for each subsequent year, and ----- ---- ------------- an annual financial budget for the total shelter/pound operation by June 15, 2004, the first year of this Agreement, and by October 31 preceding the budget year, for each subsequent year; and annual financial statements (with budget and prior year comparisons) no later than 180 days after the fiscal year end of the SPCA. a statement of annual donations submitted to the S.P.C.A. by Maple Ridge residents for use in local animal humane activities. Operating Reports 10. The SPCA will provide monthly and annual operating reports which will contain the following: a) numbers of animals by type: received by the shelter adopted returned to owner transferred to other shelters euthanized picked up dead carried forward complaints on dogs at large other (as outlined in the S.P.C.A. proposal for service provision) b) a breakdown of the numbers in (a) that relate to the pound operation; c) a breakdown of the animals in (a)(v) that were reasonably not adoptable due to health or old age: d) a narrative report on significant issues and events at the shelter for the report period. A representative of the SPCA will make semi annual presentations to the municipal Council on issues relating to animal services within the District including updates on the operation of the shelter, volunleer activities, public comments and other significant issues. An annual written summary will also be provided. -7- Pitt Meadows Cost Sharing H. Pitt Meadows or other jurisdiction benefiting from the operation of the shelter will be charged a pro-rated share of the applicable costs. In this regard. the District will invoice and the SPCA will pay a prorated share of property taxes, utility fees, applicable local improvement charges and any other maintenance or other charges incurred by the District on the shelter. Should the shelter be exempt from property taxes, an estimate of the municipal portion that would otherwise be payable will be included in the invoice. Insurance 12. The SPCA must obtain and maintain in force for the term: Comprehensive General Liability insurance coverage in the amount of Five Million Dollars ($5,000,000.00) for each occurrence for bodily injury, death or property damage on an all risk occurrence basis. The said coverage must include coverage for all SPCA volunteers. The SPCA agrees to obtain and maintain during the term of this Agreement, in the name of the SPCA, at the SPCA's expense, insurance on all the SPCA's equipment, including motor vehicles, sufficient to replace the equipment as well as liability and collision insurance in an amount acceptable to the District. The SPCA will name the District as an additional insured on all insurance policies and the insurance shall contain a provision that the insurance shall apply as though a separate policy has been issued to each named insured. If the SPCA fails to obtain the required insurance, the District may obtain and maintain such insurance policies in the name of the SPCA and the SPCA hereby appoints the District as its true and lawful attorney to do all things necessary for the purpose. All moneys expended by the District for insurance under this section must be paid by the SPCA upon invoice from the District. Each policy of insurance mentioned above, must provide that it cannot be cancelled, lapsed or materially altered without at least thirty (30) days notice in writing to the District by registered mail. The District will require the SPCA to handle any claims made against the SPCA and make full compensation for any injury or damage done to or sustained by the District or any person or persons or any building or thing or any other property whatsoever and settle all claims in respect thereof and indemnify, protect and save harmless the District from and against all claims, demands. suits or actions of every kind, description and nature whatsoever arising out of or in any connection with the fulfilment of the contract including costs incurred by the District for defence of any such claims and in respect of anything done, suffered or omitted in the execution of or in connection with the contract. -8- f) The SPCA agrees to provide to the District proof of the above mentioned insurance before commencing any work under this Agreement. General Provisions 13. This Agreement shall not be assigned in whole or in part by the SPCA, without the prior written consent of the District and any assignment made without that consent is void and of no effect. 14. This is an Agreement for the performance of services and the SPCA is engaged under the Agreement as an independent contractor for the sole purpose of providing the services. Neither the SPCA nor any of the SPCA's members are engaged under this Contract as an employee, servant or agent of the District. 15. The SPCA agrees to be solely responsible for any and all payments and deductions required to be made by law including those required for Canada or Quebec Pension Plans, Unemployment Insurance, Worker's Compensation, Goods and Services Tax or Income Tax. 16. The SPCA shall not represent itself to be nor in any way hold itself out to be an employee or agent of the District. 17. This agreement may not be amended nor modified nor shall any of its terms and conditions be waived except by subsequent agreement in writing executed by both parties. 18. Any notice, request, direction or other communication desired or required to be given or made hereunder by either party shall be given or made in writing and may be served on the District or the SPCA by registered mail to the District or to the SPCA at the address shown on page 1 of this contract. respectively, and any notice, request, direction or other communication so given or made shall be deemed to have been effectively given I if served personally, on the day it is delivered: and if forwarded by registered mail, when the postal receipt is acknowledged by the other pam'. 19. This agreement constitutes the entire agreement between the parties with respect to the subject matter of the contract and supersedes all previous negotiations, communications and other agreements relating to it unless they are incorporated by reference herein. 20.. The SPCA acknowledges that the buildings situate on the property at 10235 Industrial Avenue forms part of the lands and premises, the registered owner of which is the District. Termination This agreement may be terminated by either party only upon the breach of a fundamental term of this agreement and once ninety (90) days notice is provided to the other party. The District shall pay the SPCA for the services satisfactorily performed to the termination date. This agreement may be terminated by either party without cause once six months notice is provided to the other party. The District shall pay the SPCA for services satisfactorily performed to the termination date. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first above written. The Corporate Seal of THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE was hereunto affixed in the presce of: c/s MAYOR CLERK The authorized signatory for BRITISH COLUMBIA SOCIETY FOR PREVENTION OF CRUELTY to ANIMALS signed this agreement in the presence of: Witness' Name Authorized Signatory Address Authorized Signatory Occupation 2004-02-16 09:35 .. 6044J,óf1' `/RD CAO P 1/14 FEE F MAYOR ANC COUNCL December R, 2003 - ic: CP-1 2-00 FNI The Honnurabje Geoff Plant Attorney General and Minister Responsible for Treaty Negotiations Government of British Columbia P0 Box 91144, Stn Prov Gov't. VicrnraBC VW9j2 Dear Minister Plant: Re: Recognition of Local Government as an Equal Order of Government in the Context of Treaties and Treaty Negotiations At its meeting on November 28, 2003, the GVRI) Board considered the atlathcd report and passed the tollowing recommendations: That the Board: receive the report dated November 4, 2003, titled "Recognition of Local Government as an Equal Order of (.ovemment in the Context of Treaties and Treaty Negotiations", and communicate to the Provincial Attorney General and Minister Responsible for Treaty Negotiations and the Federal Minister of Indian and Northern Affairs that, in the context of treaties and treaty negotiations, the ContiLution of Canada he expeditiously amended to provide, protect and prescribe the powers of local government; scek the support of the Union of BC Municipalities (UBCM) and the Federation of Canadian Municipalities (FCM) for the (iVRJ)'s position adopted as Principle 47 of the GVRD Principles for Tre'ily Negotiations; e) refer the report to the Lower Mainland Imity Advisory Committee (LMTAC) for its reference in treaty negotiations; and d) send a letter to the incoming Prime Minister of Canada, and with copies to the Premier of British Columbia and to other relevant Federal and Provincial Ministers, seeking support for the recognition of local government as an equal order of government in the context of treaties and treaty negotiations. On behalf of the GVRD Board of Directors, I respectfully request your support for the proposal that the Constitution of Canada he expeditiously amended to provide, protect and prescribe the powers of local government. This proposal is of utmost importance for local government in the context of treaties and treaty negotiations. 5.1 .. T.:. I 2004-02-16 G9:36 6044516614 GVRD CAO P 3/14 h? Greater Vancouver Regional District 1330 Krngsway, Ournaby, Dntih Coiamb4a,'Canada V511 4G Policy and PZannin Dpumcn1 Telephoiw (O4) 432-071 • Fax (60') 436420 BuwU Muctijig Du&. Nuvvuibx 28,2003 Th: Hoard of F)irnetnrs From: Corporate and Intergovernmental Committee Date: November 14, 2003 Subject: Recognitlonof Local Government as' an Equal.Order 'of Government In the Context of Treaties and-7teaV Negotfiitlon& RtcI/r:unefulutiufl$: That the Board: rcccivc the report dated Novcniber4, 2003 titled "Recogniticrn ofLocalGovernrnent'ãs an Equal Order of Government in the.Context of Treaties and Treaty Negoons",'and communicate to the P ovinciui'AttomcyGnca1and MinLtcrRcsponsiblc for Treaty Negotiations and theFcdwil Minister'of Indian and NOrthernAffairs that, iñ'thó'contcxtof treaties and treaty nogotiationa, thc Constitution of Clinada be oxpeditiously amcndc4 to provide, protect and presetibethe powers of.loóiii'govàrnrnent seek the 9upport of the Union OfBC Municipalities (TJBCM) and the Federation of Canadian Municipalities (FCM) for the •GVRD'B position' adopted as Principle #7 of the GIRD Principles for Treaty Negotiations; refer the.report to the LowerMainlancl Treaty Advisory Conunitte (LMTAC) for its reference in treaty negotiations; and ' send a letter to the incoming Pxirne Minister of Canada, and with copies to the Premier of British Cniumhia and to nthr relevant FederaJ and Provincial Minister.c, seeking support for the recognition of local govcmmnr as an equal order of gnvernmenr in the context of'treflie.s and treaty negotiations. Corporate and 1ntergnvernmntnl Committee - Nnvemher 14, 2003 ' At is meeting on November 14, 2003, the Corporate and Intergovernmental Committee maxle a further recommendation, noted as recommendation (d) abovc. for the Board to senti a letter to the incoming Prime Minister of Canada. and with copies to the Premier or Bilush Columbia and to utlier relevant Fcdural and Provincial Ministers. seeking support:for the recognitiOn' of local', government as an equal otrJeiof'guveiai'uziit iii the uuutcs.L of treaties and treaty"ncgutia Lions. 2004-02-16 09:36 6044516614 GVRD CAD p 4/14 MW Greater Vancouver Regional District 4441) Kinw. Pürnab'.BritüJ, Cnliunb Canada vsn ICS I'3hi.ry1*sRI Pii4,in Dcyøi £1,ICIS4 I iepIwit (I4) 4,!-o.c/.' F0 (6 4)4 c9 7/) Boaid MccLiis D1ii: Nuvexnbcr 28.2003 To; Board of Directors Fiuw; Corporate and Intergovernmental Conunittee Date:. Noveinbei 4. 2003 Subject:. Rccognition of Local Goveruineni. as an :Equitl Order:of Government in the Context of Treaties and Treaty Ncgoliaitiuus Rccommcndcz:jans: That the Board: a) receive the report dited Novcmbcr 4, 2003, titled "Recognition of L.ocal Govcrnment as an Equal. Qrder.pf.Qovernrnont.inthe Context:of:Trcatica undTrcatyNcgotiations"; and communicate to the Prov*nciai Attorney General and Minister Rospousibic for Treaty 'Negotiations and the Fedeial Minister of:lndian and Nothcrn Affairs that, in the context of trcatiandjxLy. nçgptios.'lIie CQnstitutiqn..pf.Cana4abe expeditiously. .amcndcd to prmnde, protect and prescribe thepowers of local government; .. . t . h), seek the support nt ihe thiton of 13C;Municipalitie.s (UBCM) andthe Federation of Canadian MunicipaIthc.s (14 M) for the GVRD's pôsiLion adopted as Principle #7 of the GVRD f-'riizciples for Trealy Aegnria1inn: and ' C) refer the report to the Lowôr Mainland Treaty Advisory I n nittee. (LMTAC) for its reference in treaty ncgotiatlons. ' 1. PURPOSE To convey the GVR]Ys position. With respect to the recognition of local government as an equal level or orde 'of guvcuiuieut, in thti contexi. (if treaties and trcaty negOtiations in the Lower Mainland. CONTLXI ••,. a) Thc Need for Local Government. Recognition At its meeting on October :31, 2003, the GVRJ) ]3Oard discussed recognitiOn from senior: governments of loóal goveniment as an equal order or level 'of government in the contcxt of treaties and treaty negotiations. At the request of the GVRI)'s LMTAC representative, this matter is being brought before the Board. :1 2004-0216 09:36 6044516614 GVRD CAD P 5/14 Thcre is coniderab1c hi&toiy in the Union of BC 'Muncipa1ities (tJBCM) and 'Federtinn cVl C4nUthan Municipalities (FCM),on behalf of mun&ctpiliucs h1avmg sought the sTainS of an order of government established in the Canadian ConstiLutiuri This Ls especially important and relevant in the Lower Mainland'givcn' the treaty nógbtiátiöii5' Liiiiiig place and that the ctnceptof Aboriginal government has been gaining currency. as evidenced in the five..rccent Agreements- in-Principle reached in the Province. The I ower Mainland.Trea.ty Advisory Committcc '(LMTAC), formed iii late 1994. is mandated to coordinate. and: represent the 'collec ivc inlcrcsts'öf loclgovenithenL; and through'them'their Lonctlrnpnts in defining and buildmg i1auonships between rt Nations dial other orde1 01' government :t.MIAC currently provides input to treaty ncgotiatidns with five Lwer'Mün]and Indian Banci' —Katzie, lVtusqueam, Squamish, Tsawwaascn afld'Tslcjl-Wäututh - andincludes representation 'from 25 local government juiisdictions within the tráditiónàl tcrritbi'ics of the' five Bands, including the GVRI). .........."' ' ": : •' ':': :' According to the LMTAC. local government represents the level of govcrnmcnt closest and most directly aetountable•to ltsconstituents.' ITserves tWO m'ajOrfunction'for reidcnts'it provides.' direct access to e1u.ted officials to discuss and resolve any issues related to the community - regardless of furniiil lines of'jurisdiction;.it also pxovidesthexnajbiity of acrvices' which allows cities, towns, niuxiicipalities, and disnicts to operate et'tectively ona dáytàdybasic LâdüI governments arc provided access to treaty negotiations through a Memorandum of Understanding (MOU) bctwecu UBCM and the BC Tmin'yNegdtiabon'Office(BCTNO). The MOtJ dfincs the role of'local government r rescnratives'asrñembexs' Giidze'spãted advisors on provincial treaty negot ation teams throughOut an tages of thë't rlm"e" The MQU further states that local goVernment replesentiiti yes' will have theopportunityto attend main • table, side table, working group and Treaty Related Measures (TRM) negotiations and that the Provincial government will consult and exchange in1urmation'o'iearland nngoing basis with treaty advisory commIttees on issucs'considcmcd uinpui L'byeitherthe?tOvince or local governments. TheMOU further states that, where possible, local:issues'*ill be sent to side tables for direct negotiationbetween the 'local govcrnment'•aid'?irst'Nation: The Tsawwassen AlP Novernance Chapter, Clause 34, ucknowlcdgcs that local governineni.s will be able to pnrncipate in such side tables as the IntergovernmcntalRclàtions Techical Working Group' by'' invitation of all three negotiating parties. While the MOU recognizes local governments as full members of th'ProviñcIal negotiatnig team and neaties will he'implemnente4 at the locallevel; lcal' gcvemn nt'Lntrecognized by the Federal government, even though the Canttdian ConstitutIon d'th Chthèr(0ights and Frredoms clearly give all citizens equal access to the laws at all levels of government, regardless of race or ethnic background. Successful treaty implementation may oil] be"acconlishcd through the recognition of the importance of Inca U government by all pattiesthrouhout:the negotiation process b) Equality for Local Governments Promoted by the. GVRI) and Other LMTAC Jurisdictions Cntieal to 'ensuring the dcvtloprnent of haunomous relationships herweren local and Aboriginal governments will' bc acicar'ttndetstanditig ufthe iiflOf 'atxtho tan:d u ' not bwèrs, ME 2004-02-16 09:37 6044516614 GVRD CAO P 6/14 possibic areas of overlapping jurisdiction and concurrent or cojurisdiction. well-defined mechanisms for cooperution, consultation and joint. decision making, and clear dispute resolution pj.occsscs This includes the definition of roles, rcsponsibthte. jurisdiction and enforcement of bylaws and other local govcrnmcnt regulationb. : The issue of equality for local governments, in the context of treaties and treaty negotiations, has received attention from LMTAC and some of its member jurisdicüons, including the GVRD. Un January. 25, 1999, the Village.of Anmore Council unanirnouslyadoptad its resolutfrm on The equality of all individuals and local governments (Attachment 1). On l-ebruary 22, 1999, the Village ofBelcarra Coudeil unanimously.passeditsresolutionon the equftt•ynt-Incal . . governmenth. (Attachment 2).TheVi11age of Anmore:ancl Village of Helcarra:have stncc incorporatdd their resol utions- as pririciples within thcir respective.inVe.nTflfleSC)f interest and principles.inleaty..negotio.AdditionallyOn. PhnIary ll,.l.999..irncLApril 6. 1999..the Coquitlam City Council passed a sen'.s of renlithon& on Constitutional provisions.for local govenimerut autonomy (Attachment 3). LAthacsinde mcorporated similar resolutions ln:its First Principles for treaty ncgotiations. which are included in its local government interest pdper, Conatckrawa. It Guide to Lower Mainfrrngf Area Local Government Interests in TreariNegotiatiuns (July 2000). LMTAC First Principles #2 and #31 read: . . . •. •.. : . LMTACFinI Prinviple #2:: . .. S Local .Gu.vcrziuxciitshall;.be.rccogaizc4 in the trc.ty p1'OCSS US.. S S uiiiudàpendent, responsible and accountable order of government,: .. not as a secondary level. or third party intcrcst. LMTAC Ftrst Principle 031 Local Govcrnnient:must. be provided the opportunity.to access . S Local Government-related pôwer, as defined by Provincial legislation, also available to First.Nations in•the.post-trcaty environment. .. :. ..... Furthermore, the GVED:Board, at its meeting on May 28,1999, adopted the City of Coqulilam's rcsolution.as one of.its GVRJ) Principles for Treaty Mgo1iations (see Attachment 4): .. . (V 1(I) Prrnciplc #7: . The (onstitution of Canada be expeditiously amended to pruvjdt, piutct utid prescribe the powers of Local Government c) Promoting the Resolution and Next Steps S Since: adoptingthe reSt,lüLiup: as:a priuuiple .iai:.l.999, LMTAC.has..not rcccivcdany suppoitfrom the Provincial ul- Federal guveinments. In fact, in LMTAC's review of the Tsnwwassen Agreerncut-iu-Piinciple (reached in July 2003), its two principles related to recognition for local goverzuueiits were identified as having:rcccivcdiiulc or no discussion by the three negotiating parties at the treaty table,, which the ALP clearly defines as being the Province, Canada -and the TsawassnPfrst Nation. Similarly, the GVRD has not received any indication of support for ., ..,,.. ,..,,.: . .................................................S ..... ..S . . S S ........................................ . - ... :......._•._....: 004-02-16 09:37 6044516614 GVRD CAO P 7/14 I its rcsoluuon from the senior levels of government since it was adopted by the Board in May 1999, nor has it received any response to Principle #7 siucc it was edoptcds part of the GVRD Princip1efor Trtaty Negotiations in October 1999. Seeking recognition from senior levels of government for local governments as an equal order or level of government is in the purview of political body, such as the GVRD Board, not a committee which has been created to provide advice on treaty negotiations, such as LMTAC. Therefore, it would be prudent for the GVRD to communicate its Principle #7, in the context of treaties and treaty negotiations, to the Provincial Attorney General and Minister Responsible for Treaty Negotiations and the Federal Minister of Indian and Northern Affairs. Furthermore, it is advisable that the GVRI) refer its report to LMTAC for its reference in treaty negotiations. Moreover, it is recommended that the GVRD also seek support from UBCM, which signed the MULl with the Provincial government on behalf of local government, and the FCM. 3. ALTERNATiVES The Board may: Receive this report for information and fake no further action. One could take the view that the efforts of the past to communicate the GYRD's position to LMTAC, UBCM, FCM and to the senior levels of government have been sufficient and do not i-equim additional debate or action at this time. Provide additional comnnienLs or wake uumeudiueuti Lu this report.. This option assumes that the comments provided in this report do not sufficieiitly adthss the Board's request or may not be adcquatc in the context Of treaty negotiations. Endorse this report and convey its position to LMTAC, UBCM, FCM and senior levels of government. This option supports the view that the GVRD's position with respect to the recognition of local government as an cqual ordcr of govcrnmcnt at the treaty table be referred to LMTAC, UBCM, FCM and the senior levels of government as a means for seeking support for the poizion that the Constitution of Canada be expeditiously amended to provide, protect and prescribe the powers of local government. 4. CONCLTJSTON At its meeting on October 31. 2003. the GVRL Hoard discussed rccngniflnn ITom cernor governments of local govcmmeni as an equal level of govcrnmcnt in the context of treaties and treaty negotiations. Although negotiated by senior levels of government, treaties will he implemented at the local level. Successful implementation may only be accomplishcd through the recognition of the iinportuzice of local government, by all three parties throughout the negotiation process, as local govemiuneilt lepreselits the level of government closest and most directly accountable to its CuzistititeitIs. LMTAC jurisdictions have adopted resolutions that speak to tlie £led fyi the CoiistiLutuii of Canada being expeditiously amended to provide, protect and 1'icscibc the powers of local SEEK 2004-02-16 09:37 6044516614 GVRD CA0 P 8/14 - government. The GVRI) has adopted this resolution as its Principle ff7 in the GVR.D Principles for Treaty IQegotiarions, but has not received support by the senior levels of.govornmein. Thereorc, it is recommcnd2d that the GVRJ) again seek support for its, position from UBCM, FCM and the senior levels of government, and that the report be conveyed to LMTAC for its reference in treaty negoti2tion. AThwhments 1:. :ResOlution Of the. Village of Anrnore, January25, 1999 . . .'• . 2 kecnlimnn of thc ViIlige ni Bek arra February 22, I999 entitled "Policy and Mandates with Respect to the Negotiation. of i'reatths within Hntish .Cñlumhln.": . S Resolu;ion of, the Cty.nf (nquhrlarn, February I.5,.J,999 nncL:"Constjtutjonal Provisions Providing Autonomy for Local Government", April 6, 1999. '.. GVRD:Principlcs for Treaty Negotiations, Adopted by the OVRD Board on October 1. 1999 and amended an July 26. 2002) 2004-02-16 09:37 6044516614 GVRD CAO P 9/14 ATIACHMENT I Resolution of the Village of Anmore January 25, 1999 "WI-IEREAS the Provincial Government has the authority to establish policy and twuidaws with respect to the negnta.inn of treaties within k3nush Columbia; and Wi-tERBAS the principal of equabtyof all individuals anti local governments to both nativc and non-nativc is esentia1 roprocect the righTs of all Britiht'oIumbza citizens, and is a preiequishc for equitable rclatlonsh.tps bctweeii First Nations and municipalities; THEREFORE BE IT RtSOLVED THAT [he Provincial Government affirm the pnncqile. of cqu1ity of all individuals and lui.a1 governments as a component of urban treaties in the Lower Mainlajid by enirenching the coiicp that urban treaties will establish the same or equal powers and rcsponibilitics, now defIncd in the Municipal Act. for both First Nations and Municipalitics." WIN RE 2004-02-1:6 09:38 6044516614 GVRD CAO P 10/14 ?* ATTACHMENT 2 Village o(,Belcarra February 22, 1999 Pnlicy and Mandates with Respect to . the Negotiation of Treaties Within British Cilumbiu •1 'WHEREASthef•vincia1. Govemmern has-the a*uthuthtytu:establith. policy and. mandates with repeCtLu the ueguLiiLiotiuf UeaLeS within.British Columbia AND WHEREAS iu the iniUefs of local governmcnts, both nativc and non-native, the p&inciple.of equality is essential to protcct thc.righ'ts of;ull British Columbia citizens, and is u pietequisite for cquitablc relationships between rt Nations and munictpalaties an the future: . . . . TIMIZEFORE DE IT 1ESOLVED THAT the Lower Mainland Treaty Advisory Committee be requested to endorse the principle of equality of all local governments as a prerequisite to negotiation of the urban treaties in the Lower Mainland; AND THAT the Lower Mainland Treaty Advisory Committee be requested tn Urge the Provincial Government to affirm this principle and adapt a pohc'y rhat urhan treaties will cstablish the same or equal powers, and the .ame nr equal responsibilities; for First Nations and Municipalities, with these powers and respnnsihihties clearly defined. 2004-02-16 09:38 6044516614 GVRD CAO P 11114 t ATTAChMENT 3 Rcsolution' of the City or Coquitlam February 22,1999 "WHEREAS the Provincial Government has the authority to establish policy and mandates with respect to the negotiationof treaties within. British Columbia; and WHkIthAS the principal of equality of all individuals and local governments both native and non-native is essentat to protect the rights of all British Columbia citizens and is al prerequisite tar equitable relationships between First Nations and municipalities; THEREFORE BE IT RESOLVED THAT the Pmvinciat (invernrnent affirm the principle of equality of all individuals and local governments as a r.omponent of urban treaties in the Lower Mainland by entrenching the concept that urban treaties will esthhtish The same or equal, powers and responsibilities, now defined in the Municipal Act. for both First Nations and Municipalities." Constitutional Pro viiioiis Pruvicliug Autonomy for Local Government April 6, 1999 WHEREAS the Union of BC Municipalities and the Federal of Can adian Municipalities have been pursuing a place for local government in the Constitution of Canada smcc the early 1980s, recognizing that the idea goes back in history prior to Confederation and; WJEREAS the concept of aboriginal government has been gaming cunency through the 1990s as evidenced in the Nisga'a Final Agreement and in proposals for governance in ether treaties and; WHEREAS the policies of the UBCM and FUM provule tar autonomy of local government powers to be included in the (nnstitiition of Canada and; WHEREAS it is important that mutually legal supponed provisions be established for local and aboriginal government prior to further treaties being finalized in Th -itish Culuuthia. TI-IEREFORI3 BE IT Ri]SOLV1ID that the GuveriuneuL of British Columbia and the Government of Canada be requested Lu support the expeditious amendment of the Constitution of Canada to provIck, protect and pi .escibc the powers of local, government. ................ -,-- - - - 2OO4-O216 09:38 6044516614 GVRD CAO P 12/14. , ATTACI IMEN'l' 4 GVRD Principles for Treaty Ncgotiations (Adopted by the GVRD Board an October 11999 and amended on July 26, 2002) PREAMBLE WHEREAS the Greater Vancouver Regional District (GVRD) is a municipal federation - comprising 21 municipalities and one electoral area, including its affiliates (the Greater Vancouver Water Distnct, the Greater Vancouver Sewerage and Drainage Disthct,and the (ireater. Vancouver.Housmg.Corporation), anddeliversregionat services. incLuding,.but not limited to, wastewatèr collection and treatment, drainage rnanamenr, water supply, solid waste management, air quality management, regional parks, affoidahie rental housing, growth management. electoral areas administration. and. public communications; AND WHEREAS treaty negotiations in: the Lower Mainland re being expedited by thc Provincial govern mont and may impact on the interests of. and Services provided by, the GVRD; AND WIIER.EAS the GVRI) is a member jurisdiction of the Lower Mainland Treaty Advisuty Coiniriittee, which is responsible for euiuznuuieatitig the inteicsts of its stakcholdcrs at the treaty negoziariou tablcs; NOW, TImRIFORE, BE IT RESOLVED THAT: GOVERNANCE The GVRD'a preference io for treaty settlement lands to become subsets of the municipalities in which they are located. Where a First Nation has been granted powers over:treaty settlement lands within the GVRD,. the relationship between.the UVRD.and Lirst Nations should.bc consistent with thecurrent relationships between the CJVRt) rni1 its mernhermunictpalthes. Land use, environmental and tinancial implications, as well as compliance with established policids and standards, are the major considerations in the evaluation. of extensions of water and sewer services. Properly carriedout, there should not be any negative impacts to member municipalities. . . . Treaty settlement lands utust be subject to the same Federal and Provincial enactments. as they ait to the (P/RD and all other Local Govcmmcnt5 including, but not limited to, the Land,s dc5ignaLed within thc Agricultural Land Rcscrve. in the selection of lands for First • Nations, continue to be dedicated for agricultural use in the future and remain in the Agricultural Land Reserve and under the jurisdiction of the Lund Reserve Commission, • post-treaty. 13 if 2004-02-16 09:38 6044516614 GVRD CAO P 13/14 Whsrc applicable, there be an orderly transition in authority and applicstion of laws in the post-treaty era, and that there be an acceptable dispute resolution process inv.oivrn the GVRD, othcr than the courts, in cases of future disagreement or conflict over interests in land and / or issues of jurisdiction and cornphancc The Constitution of Canada be expeditiously amended to provide, protect and prescribe the powers of Local Govcrnmcnt. If treaty settlements are to recognize and respect the authority and jurisdiction of the Federal, Provincial, First Nation and Local Governments, and if the development of a regional governance model through treaty negotiations has any potential or specific. implications on the authority of the Regional District, then a process must be established among all parties involved,including the Regional District, in order to promote cooperation; provide effective and necessary rcgiónáliervices,and resolve future eonfl,cts,. Any such discussiónsmust involvethe.dfrect participation dtheGVRD Board of Tiirectnr.c from the very n*irse.r S PIi1 Lands and assets held and designated by the CyVRD including, hut not limited tn, leased lands, rights-of-way, and Crown reserves must be excluded from any treaty •settlement The intetests in uuu-Cxvwn land owned in fee simple. including Jandsowned by the GYRD, other governments, orpilvate individuals widcarpa±ations. be protected in future treaties The process to negotiate and acquire future tenure over laud for GVRD purposes be clear, timely and practical, and based on cuxrcnt market value of the interest being obtained Should expropriation bcncccssary, any cxpropriatiön.pôwers of the GVRD or First Nations must be cicarly specified in any future treaties and be consitcnt with the Provincial Expropriation Aci. GVRD-held water licenses 1 as well as those held by private in ereat.a within the GVRD administrated areas, must be unaffected and protected in future treaties. The interests in land within the boundaries of Indian Arm Provincial Park, which were formerly held by individuals through Crown land leases requiring conversion to park use permits. must he pmtectect. FrSCAL All costs asoeiated with treaty serticments must be the responsibility of the Piovizicial and Federal governments in terms of lands and assets that are being ue,othtLcd. The GVRD should have the right to i-ecovei cuts fox services piuvided so that taxation on treaty settlement lands is adauiuistcred, according to GVRD Board policy, on the same basis as on other lands for regional services. 2004-02-16 09:38 6044516614 GVRD CAO P 14/14. F N VIRONMENT In the post-treaty era, Federal, Provincial and regional government environmental stanrthrcic and reqUirements: must be consistently applied across the entire GVRD region, including treaty s(trIemRnr lands. Respcmsihility for ha7nrl management and emergency response should be addressed in treaty sCfl1meflLc. ACCESS 18 Aus to GVRI) lands facilities services and intrastructure on or off treaty • settlement Iirnds. must be available at all ilmes tO . CWRD authoilties for purposes na.lwizug, ('Ut nut hrnited to service provision infrastructure development operations and nancc. iesourt.e piutcuLiuu, azid pub siftt : •. 19 Public accc3s across treaty settlement lands to GVRD lands and faIlities:iuust lx mttiritaincd. CONSULTATION .............................. . . 20.. Consultation requirements of lir t Nations and the GVRD naust be defined through the treatyprocess. Furthermore, the time necessary for responding to environmental ascssment processes must be establithed; : ..... 21. When draft Agreements-in-Principle or draft Interim Agreements potentially affect the GVRD's ,c.or orate interests; or the interests of Electbral.AreaA residents andpróperty owners Provincial and Federal governments must consult with the C3VIW Board of I . •. . : Part I — Review — Average residential proper'taxation - Assessment & Taxation bistributf — Comparatives Part II • Taxation as an Economic bevelopment i • Tax Exemptions — MR Policy review & update — cost benefit consideration — statutory changes & legal • Other Taxation Authorities MwIxlpaI Prxp.fly Tax P.r CpIW 2000 taxable Assessment Roll bistribution Goocli 1 4000 : 1000 IG Taxable Assessment Roll bistribution 2004 / •Fe,mJ Assessment & Taxation bitribution 100 N go go 70 50 40 30- 20- Taxation as an Ecànornic bevelopment Too) Philosophy • besired relative stability amgst the classes from year to year • Transfer of tax burden to residential class from industrial classes • Light Industry Tax: Business Tax _____ Taxation Options • Variable Tax Rates/Tax Clas?Retios - share of burden amongst classes • Averaging & Phasing In Options - applies to land assessment only (res. 01 • Parcel, Specified Area Charges • Business Improvement Area Service Taxation Rate Burden Distribution 1. Residential 1.00: 1.00 2.Utilities 834: 1.00 4.Major tndustry 10'41.00 5.1-ight Industry 3.05 LOG 6.8usiness & Other 2.83 IXKM 8.Rec./Non-Praf it Organizations 2.25: 1. 9.Farm 3.22 : 1.0 * Farm value assessment set using a statutory ra I.e. - not market S MAJOR NO. LIGHT IND. Pertissive Property Tax Exethpt&ons • MR Policy review dt updateN - Statutory powers to exempt certain properties from Municipal Taxation - will not consider for profit or privately psvided service organizations or those that are'tte responsibility of senior government \ - support objectives of enhancing quality of lif &t4 further Council community objectives • Option - &rants Permissive Property Tax Exemptions • Policies 5.16 to 5.23: - homes for aged, poor, disabled & infçm - private hospitals & doycare - community halls - municipal recreational services - churches - private schools - recreation groups - heritage sites 4 Permissive Property Tax Exemptions • 2004 - $153,000 1/2of 1'taxation • Legislative changes: - reported in the Annuol Report - newspoper publication • notice of exemption bylaw & details -. - • duration period - revitalization fox exemptions - brooder authority to grant exemptions to not for-profit orgonizations 4 TdxesLevied increase (Corn3ored to 2000) 250% /1 2000 2001 2002 2003 2004 2005 OtherTaxation Authorities Trunsit 1206 low wo : Qj esti on s and Discussion - - Thank You I _L Ref. #. 1 2 3 4 5 6 !. Ref. #. 1 2 3 4 5 . Address I . Assessment $ _1000 _P4 . Assessment $ 334000 $_309,000 $ 292,200 $ 237,100 -269,6061 PropeyTaxation I. Assessment 35,000 $ 24,000 $ 51,500 $ 15,900 $ 32,600 $ 5,200 7,000 . !9P? •$. 26,900 Change in Assessment $ 36,300 $ 26,000 $ 17,700 11.7% 8.4% 21.4% 7.2% 13.8% 3.6% 13.1% -- - 13.8% _pQ3 Total taxes - - -. ..._ - I.I 2002 .__!2I. 4.8 Mun Taxes $ 1,435 $ 1,368 $ 1,155 $ 1,062 $ 1,138 $ 684 ..----- 5.15 9._. Mun Taxes $ - 1,503 $ 1391 $ 1,315 $ 1,067 $ 1213 $ 665 _$_._. t_._$ 4.8 .... .P In Taxes $ 68 $ 23 $ 160 $ 5 $ 76 $ (19) J1) ........ IIII 4.7%J 1.6% 13.8% 0.5% 6.6% . - 6.1% 2.6% 0.6% 9.8% 1.7% 9.0% . 1.2% 3.8% 3.7% 0.6% _I 1 !...i32,500 Albion/Kanaka - nnoc Whok ICentralMR Central MR Central MR - strata $ 28500 1. $ 240,700 $ 221,200 $ 237,000T $ 142,500 ! 206,000 $ 147,700 1 $162,400 $ 232,900 Upper Raimond------ lTol O Address -- Assessment $ 299,000 $ 285,000 2002 12003 2002 2003 Change in 6.1% 2.6% 9.8% Assessment Total taxes - Mun Taxes Mun Taxes Taxes Silver Valley Albion/Kanaka $ 262,700 $ 259,000 $ 223,000 $ 187,700 $ 1,353 $ 1,435 $-- 82 $ 34 $ 7 $ 95 - - 10.0% $ 1,334 $ 1,368 $ 1,155 $ 1,062 Whonnock $240,700 7.9% 17.8% 9.1% _________ $1,148 $ 967 Central MR__ 221,200 237,000 $ 33,500 $ 19,700 Central MR $ 217,300 $ 1,119 $ 1,138 $ 19 1.7% 6 7 CentralMR - strata $ 121,800 142,500 $ 20,700 17.0% $ 627 $ 684 $ 57 $ 9.0% WestMR $315,000 342,000 $ 27,000 8.6% $1622 $ 1,642 B 9 LowerHammond $ 119,000 132,500 206,000 $ 13,500 $ 20,900 11.3% 11.3% $613 $953 $ 636 $ 989 $ 23 $ 36 $ 372 3.8% 3.7% 3.8% UpperHammond $ 185,100 Total >Taxesmustbecharged $ l,8gO,j onassessments $2,105,900 $ 215,300 111.4% $ 9,737 $ 10,108 >Mustuseauniformtaxrateforthepropertyclass - cannothavevariableratesforeachproperty.