Alternative Approval Process (AAP) - SLRD Pemberton and District Arts, Culture and Recreation and Pemberton and District Economic Development

Update: November 14, 2019

The deadline of November 12, 2019 for submitting elector response forms has now passed. Elector approval of these two new bylaws has been obtained. The SLRD Board will be considering adoption of these bylaws at its Board meeting on November 27, 2019.

Summary

The SLRD is proposing the adoption of SLRD Pemberton and District Arts, Culture and Recreation Service Establishing Bylaw No. 1643-2019 (“Bylaw No. 1643”) and SLRD Pemberton and District Economic Development Service Establishing Bylaw No. 1644-2019 (“Bylaw No. 1644”), together the “Bylaws”.

The proposed services (the “Services”) to be provided by the Bylaws are:

Bylaw No. 1643: Arts, Culture and Recreation Service; and
Bylaw No. 1644: Economic Development Service.

The proposed service area for the Bylaws consists of the Village of Pemberton and all of Electoral Area C except the WedgeWoods neighbourhood (the “Service Area”), as reflected in the map below:

Background

The existing Pemberton & District Community Fund (the “PDCF”) (previously known as the Pemberton Recreation Commission) is a service authorized by the SLRD’s Supplementary Letters Patent and established by the Pemberton Valley Recreation Commission Establishment Bylaw No. 653, 1997 and is supported by tax requisitioning of properties in the Village of Pemberton and all of Electoral Area C.  For many years, upon receipt of a funding request or application, the PDCF has been providing funds to assist local, not-for-profit organizations that offer recreation and culture programs, special events, projects or initiatives for the benefit of residents of the Village of Pemberton and Electoral Area C.  Currently, the annual maximum requisition amount for the PDCF service is $30,000.

Over the past 4 years, the total amount in approved grants-in-aid was just under $160,000. (The additional funds in excess of the $30,000 annual requisition [i.e. 4 years x $30,000 = $120,000] have been funded by a surplus that slowly accumulated over previous years.)  Some of the groups that have received grants-in-aid from the PDCF are as follows:

• Sea to Sky Community Services
• Pemberton Youth Centre
• Pemberton Children’s Centre
• Pemberton Canoe Association
• Pemberton Young Life
• Pemberton Stewardship Society
• Pemberton Valley Seniors Society

In addition to PDCF funding, a variety of other funding sources have been used to provide annual operational funding to not-for-profit organizations, such as: SLRD Electoral Area C Select Funds (“Select Funds”); Village of Pemberton Community Initiatives and Opportunities Funds (“CIOF”) and Village of Pemberton Community Enhancement Funds (“CEF”).  However, these funding sources were not originally intended to be available for annual operational expenses and rather were intended for expenses of a periodic or temporary nature.

To address this, the SLRD Board is proposing to establish two new service areas to replace the PDCF, which would be supported by tax requisition of properties within the Service Area: 

The proposed Arts, Culture and Recreation Service has a maximum annual requisition amount of $75,000, which will provide for annual, ongoing funding of various not-for-profit organizations providing arts, culture and recreation services. 

The proposed Economic Development Service has a maximum annual requisition amount of $50,000, which will provide for annual, ongoing funding of non-for-profit organizations.  Organizations which have been funded in the past include:

• Pemberton & District Chamber of Commerce
• Pemberton Visitor Information Centre
• Tourism Pemberton

Combined, the proposed Arts/Culture/Recreation Service and the Economic Development Service will requisition a maximum annual amount of $125,000 to fund what was previously funded from the PDCF as well as some of what has been previously funded through Select Funds, CIOF, and CEF.

More information is available in the following staff reports:

• April 24, 2019 SLRD Board Report
• June 26, 2019 SLRD Board Report
• July 24, 2019 SLRD Board Report

Proposed Bylaws

Bylaw No. 1643 authorizes the SLRD to requisition up to $75,000 for local arts, culture and recreation purposes within the Service Area and allows for service delivery contracts with external parties. The cost of this service is to be borne by taxable properties within the Service Area at tax requisition rates estimated as follows (*The electoral area rates below are higher due to a mandatory 5.25% provincial fee that is added to properties within electoral areas:

Bylaw No. 1644 authorizes the SLRD to requisition up to $50,000 for economic development purposes within the Service Area and allows for service delivery contracts with external parties. The cost of this service is to be borne by taxable properties within the Service Area at tax requisition rates estimated as follows:

As illustrated above, it is estimated that the Bylaws will result in a maximum annual tax requisition as follows:

Alternative Approval Process (“AAP”)

An Alternative Approval Process is now underway to obtain elector approval to proceed with the Bylaws.

Local governments can use an Alternative Approval Process (“AAP”) as a way to obtain elector approval for certain types of bylaws. An AAP has been chosen for this service establishment process at it is less expensive than undertaking an assent vote (also known as a referendum).

Prior to undertaking an AAP, the Inspector of Municipalities (within the Provincial Government’s Ministry of Municipal Affairs and Housing) must provide its approval of the process. The SLRD recently received approval from the Inspector of Municipalities to undertake one combined AAP for the Bylaws.

AAP – What’s required

The SLRD will publish a Notice of Alternative Approval Process for two consecutive editions of the Pique Newsmagazine (October 3, 2019 and October 10, 2019).

After the second date of publication, eligible electors will have 30 days in which to register their formal opposition to the adoption of the Bylaws.  This means that an elector should sign and submit a response form ONLY IF they oppose the adoption of the Bylaws.  If an elector supports the adoption of the Bylaws, then no action is required. The deadline for elector responses for this AAP is 4:30 pm on November 12, 2019.

The method by which an eligible elector may express opposition to the Bylaws is by signing and submitting an Elector Response Form to the SLRD (before 4:30 p.m. on November 12, 2019). 

An eligible elector must provide his/her full name and residential address. An eligible non-resident property elector must also provide the address of the property that he/she owns within the Service Area and he/she is only entitled to sign and submit one elector response form, regardless of how many properties he/she may own within the Service Area.  For more information on elector eligibility, please see the Elector Eligibility document.

The estimated number of eligible electors within the area defined for the AAP is based on information from various sources (see the determination here).  It has been determined that the number of eligible electors in the Service Area defined for the AAP is 4,753.

If 10% or more of eligible electors in the Service Area oppose the SLRD Board’s intention to adopt the Bylaws, the SLRD Board cannot proceed without first holding a referendum. In this case, 10% of the total number of eligible electors is estimated to be 475.  If the 10% threshold is not attained, then the SLRD Board may proceed with adopting the Bylaws.

The SLRD will use this page to provide regular updates on this project.

Important Forms & Documents

• Notice of Alternative Approval Process
• Elector Response Form
• Consent Form
• Elector Eligibility
• Report for Determining the Number of Eligible Electors
• Bylaw No. 1643
• Bylaw No. 1644

For more information:

Graham Haywood
Senior Project Coordinator
Telephone: (604) 894-6371 ext. 229
Email: ghaywood@slrd.bc.ca

Kristen Clark
Director of Legislative and Corporate Services
Telephone: (604) 894-6371 ext. 230
Email: kclark@slrd.bc.ca