Sunday, September 16, 2007

Finance Committee was busy last Thursday.

In a posting at Finance Committee meeting at 1 PM

I suggested that 'The DCC's in the amount of $15,160 to GVS and $18,522 to Vernon CAN BE WAIVED by invoking the DCC section of the Local Government Act (LGA) (12) As an exception to subsection (11), a local government may provide assistance by waiving or reducing a charge under this section for not for profit rental housing, including supportive living housing.'

The finance committee debated whether this idea was plausible and after a description of the legalities involved in such an interpretation of this part of the Act decided to simply go ahead with recommending that a Grant to cover the proposed building costs be given to Hospice House and that the Money come from the Assisted Living Reserve. This unanimous recommendation from the Finance Committee of Mayor Lipperet, and Coun. Gilroy and Nichol will be voted on at the next Council meeting.

They did not discuss whether the $15,160 DCC's payable to GVS should be covered by a Grant provided by GVS rather than only the taxpayers of Vernon. Waiving the building permit fee and plumbing fees or reducing to a $1 was dismissed in favour of a grant.

They also had a lengthly discussion on the permissive exemptions for 2008 and there will be a few new listings allowed on a phase in basis, a few deletions and a reclassification of an existing exemption to allow for a 100% exemption. These recommendations will be ratified by Council at the next council meeting.
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Don Quixote note:
I was naturally surprised that my suggestions for DCC's being waived rather than provided for by a grant was turned down.

In a subsequent conversation it was acknowledged that this method was viable and an option for council when it came to affordable housing where there was a legal housing agreement with any future proponent under the right circumstances.
As I had posted in a
Sept 11 posting : 'This same kind of thinking with regards to DCC's re the 40 units for affordable housing beside the water reclamation plant and the potential $400,000+ that might be diverted from the taxpayers to the Developers DCC fund was discussed at the above link. Hopefully this will be addressed asap as well as the DCC review by an external Consultant that is long overdue.'

So I had lost the smaller battle but it appears that I may have won a bigger one.
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However I was not completely convinced and have described the circumstances to the Provincial Government and hopefully will get a definitive answer whether my original suggestion is possible and legal. (copy of text of my e-mail below.) When I get my answer I will be forwarding it on to the City !

I am basing my question on the sections below of the LGA.

My City is planning to give a Grant to Hospice House to cover building permit fees as well as DCC's. It is my understanding that under the act that since this is a not for profit group running this end of life care facility that My City could waive or reduce the DCC's rather than giving a Grant to the Society and have them pay the DCC's back. The other possibility for waiving the DCC's would be as a possible component of an IHA sponsored or approved facility?

Could you advise what my City Council would have to do to invoke this section of the act to waive the DCC's. A simple resolution to that effect or would it need provincial government approval and/or some legal agreement between the City and Hospice house?

LGA ACT DCC section:
http://www.qp.gov.bc.ca/statreg/stat/L/96323_28.htm#section932 Division 10 — Development Costs Recovery Definitions 932 In this Division: (11) As a restriction on (a) sections 176 (1) (c) [corporate powers – assistance] and 183 [assistance under partnering agreements], and (b) sections 8 (1) [natural person powers] and 21 [partnering agreements] of the Community Charter, a local government must not provide assistance by waiving or reducing a charge under this section.

(12) As an exception to subsection (11), a local government may provide assistance by waiving or reducing a charge under this section for not for profit rental housing, including supportive living housing.

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