The following is a message from Mayor Berry, reflecting on his first year in office.
FROM THE MAYOR OF THE
VILLAGE OF LIONS BAYFIRST YEAR PROGRESS REPORT
When I sought the Office of Mayor of the Village of Lions Bay, it was with a view to not only reinforce the values that make this one of the most beautiful and pleasant places on earth to live, but also to ensure that good governance of the Village would safeguard its continued sustainability and livability.
Within a very short period of time, I discovered that there was a lot more that needed attention. Of necessity, and consistent with my oath of office, I was required to address many difficult issues concerning the governance of the Village. These issues had not been visible to the Village before, except to those directly involved with them; hence this lengthy report. The existence of some of the issues when identified were denied by those in positions who knew, or ought to have known, about them.
Addressing those issues necessitated meaningful changes consistent with best practices for accountable and fiscally responsible government.
The purpose of this report is twofold:
1. to highlight many of the challenges, changes, and achievements of the last year; the changes of which were undertaken in the best interests of the Village and consistent with what the law and best management practices required.
2. to share some key aspects of a vision for the Village that I hope will serve as a basis for on-going discussion with residents.
1.0 CHALLENGES
1.1 Council’s Decision to Change the CAO
· One of the early challenges faced by the new Council, an issue well known to the previous Council which had conducted an administrative review of the conduct and performance of its CA, arose from its decision to terminate “without cause” the services of the Chief Administrative Officer (CAO). This decision was made in accordance with the requirements of the governing legislation. The Community Charter mandates a two-thirds vote from the Council, which consists of five seats (equivalent to a minimum of 3.3 votes), for a decision of this nature. Given that Councilor Barmeier had already resigned, the approval of all remaining councilors was necessary to secure the passage of the decision.
1.2 Thirty Days After the Municipal Election a Re-Elected Village Councilor Resigns
· Within thirty days of the Municipal Election in October 2022, Councilor Barmeier resigned. This resignation resulted in both a significant financial cost to the Village and a decision-making quagmire with a six-month deadlock in Council’s ability to conduct the business of the community.
1.3 Staff Resignations
· In this Council’s first of a four-year term, Lions Bay staff has undergone its most significant transition in decades. In addition to the “without cause” dismissal of the CAO DeJong, the following voluntary departures included the Chief Financial Officer, Public Works Manager, Bookkeeper, Building Inspector, two Public Works Employees, Fire Chief and the Acting Chief Administrative Officer.
1.4 A New Beginning - re-building our Lions Bay Team
· The staff resignations resulted in the Village’s hiring of six local residents,three new administrative staff and a new provincial recommended CAO, Ross Blackwell. With the support of Council and the residents of Lions Bay, Mr. Blackwell will provide the management and governance leadership consistent with the legislated roles of elected and appointed municipal officers which will enable the Village staff to excel in their new roles.
2.0 RESISTANCE TO CHANGE
2.1 Falsehoods, misinformation, unfounded allegations and physical threats
· The level and nature of the resistance to change has been destructive. It is evidenced by personal attacks and the spreading of falsehoods, misinformation, unfounded allegations, many of them defamatory and libelous in nature. This destructive behaviour over the past eight months has also involved bullying, intimidation, and threats towards community members, as well as towards myself and Councilor Broughton. These actions have severely and negatively impacted our sense of community. On occasion such resistance has manifested itself in physically threatening the Mayor at an in camera Council meeting. This matter was reported to the RCMP.
2.2 Restricting Free Speech
· Another aspect of the nature of the resistance is evidenced by the resolution of the majority of Council passed July 4th and September 5th of 2023 (Council Minutes Page 7) to restrict the Mayor’s right to free speech. It effectively “gags” the Mayor from reporting to the residents of Lions Bay in a timely manner on important financial and related matters of concern to the Village.
· At the Canada Day Celebration (July 1st, 2023) held at the Lions Bay Beach Park, I addressed the Right to Free Speech in Canada and what it meant to me as a proud Canadian.
· It should go without saying that free speech is the right of every Canadian (see the Canadian Charter of Rights and Freedoms) – but not, apparently, according to the majority of your elected municipal Council.
3.0 OPEN AND TRANSPARENT GOVERNANCE
3.1 Efforts by Provincial Advisor
· Given the apparent intransigent nature of the difficulties we were facing, I made multiple requests to the province of BC to appoint municipal advisors to help move us in the right direction.
· Notwithstanding the appointment of a provincially recommended CAO, we will continue to reach out to the province for guidance and support.
3.2 Conflicts Between Community Charter, its Interpretation and Village Bylaws
· Council has struggled often with apparent conflicting or ambiguous provisions of the Community Charter with provisions of the Villages Procedures Bylaw. The UBCM has acknowledged the shortcomings of the Community Charter and model Code of Conduct. At its UBCM Conference, a “Briefing” was delivered to the Provincial Minister of Municipal Affairs proposing amendments to the Community Charter. Key recommendations also included a standardized Code of Conduct for all municipalities with enforcement provisions against breach, RCMP & Interpol background checks for all members of Municipal Councils, harmonization of all municipal Procedure Bylaws, full disclosure of outstanding lawsuits, etc.
· Early in the new Council’s term, the former Acting CAO, Anthony Tobin, a veteran lawyer with advanced knowledge of administrative law and procedures, put forward his draft recommendations for consideration of a new set of Policies and Procedures.
3.3 Media Coverage Highlights Struggles
· Lions Bay continues to receive unprecedented mainstream media coverage.
4.0 PRUDENT FISCAL MANAGEMENT
4.1 Finance Committee
After searching written and face to face inquiries with the senior officers of the Bank holding the Village’s operating and capital funds, the expressly established Standing Finance Committee and Acting CAO Tobin put forth recommendations to strengthen the Village’s financial management controls (Council minutes page 6).
· The bank was instructed that no cheque or electronic transfer should be processed unless it has two signatures or electronic signatures and;
· The authorized signatures or electronic signatures be those only of the Chief Administrative Officer and an elected official or two elected officials of the municipality of Lions Bay;
· A limit be placed on the amount of any cheque or transfer; and that;
· Any amount above that limit would require additional written authorization from the Chief Administrative Officer or the Mayor or Acting Mayor for such transactions in that order;
· That the vulnerabilities in the Village banking procedures were addressed on an urgent basis to ensure that the principles of separation of the functions of authorization, recording and control are met;
· That banking controls were applied to all Village bank accounts;
· That best practices were implemented for treasury management per municipal regulations to maximize the return on the Villages funds (approx. $5M+).
4.2Update Report
The Finance Committee Update Report summarizes its findings and recommendations moving forward, which include significantly higher earnings in interest from 2022 and additional savings in bank charges.
· Interest for 2023 interest revenue is projected to be $226,093 - a difference of $114,095 or $9,508 per month from the previous year. This projection is based on actuals up to August and the same monthly returns for the remainder of the period.
4.3 Property Tax
· Lions Bay’s property tax approach contrasts with many municipalities in the lower mainland which approve an average of 8% increase in property taxes.
· In contrast, for 2023, Lions Bay taxes decreased from the previous year’s 6.5% to 6%, reflecting the rate of inflation at the time of implementation.
5.0 CAPITAL PROJECTS
· Lions Bay Beach Park Revitalization — Reviewed and refocused with the leadership of the Beach Park Task Force and Committee.
· Klatt Fire Hall Expansion — Paused and reassigned the leadership to the former Fire Chief and the Public Works Manager.
· Critical Road Resurfacing — complete
· Bayview Bridge Remediation — Following cost overruns the project management and leadership of the project was reassigned to the Public Works Manager for completion.
· Kelvin Grove/ LB Connector Project — Paused and set for review now that we have a new CAO on board.
6.0 GRANT RECEIVED
· Village received a $998,000 grant from the Growing Communities Fund for use by the community to address “unique infrastructure and amenity demands”.
7.0 VOLUNTEERISM GROWS
· In good times and bad, the Village of Lions Bay has been extremely fortunate to have been able to draw upon the resources of volunteers in our community. Volunteerism in Lions Bay has a long and impressive history.
· We continue the volunteer tradition by seeking to identify new approaches to exploring significant issues and by tapping into the bounty of expertise and talent of the persons in our Village. There are many outstanding and highly qualified volunteers who are willing to help the Village with the next chapter of our growth by offering their innovative ideas, suggestions, and recommendations.
7.1 New Committees and Volunteer Groups
· In addition to many of the longstanding committees in our Village, a host of new committees have been or soon will be constituted which include the Beach Park Committee, Standing Finance Committee, Standing Infrastructure Committee, Standing Grants and Funding Committee, Parking Committee and the Rangers Program.
· Shining Beacon ... Following a pause in the beach park planning, a commitment was untaken early in our Council’s term to call on resident participation to resurrect the Beach Park planning and construction. The call for volunteers was by far the most positive catalyst in bringing our Village together. The initial working group of 20 residents was pared down to a committee of six to deliver this long-awaited community project. The Beach Park has proven to be a shining beacon within our community.
8.0 VISION FOR THE FUTURE INCLUDES:
8.1 Safety
· With the leadership of our Fire Chief, design and implement Community-Based Fire Prevention & Control initiatives.
· Address parking challenges for residents and visitors.
· Safeguard our water sources from contamination.
8.2 Infrastructure
· Explore alternative water sources (ie: wells; pipeline).
· Resolve a critical housing shortage for firefighters, schoolteachers, seniors and new families.
· Support Infrastructure Standing Committee recommendations.
8.3 Finances and Funding
· Support Finance Standing Committee/Task Force recommendations.
· Support Grants & Funding Standing Committee/Task Force on new sources of funding.
8.4 Volunteerism
· Identify residents and subject matter experts to volunteer for committees/working groups/task force groups.
· Follow the successful format of the Beach Park Committee for matters that require immediate attention. For example:
o Hold Townhall Meetings to discuss current and relevant topics.
o Form a Resident Parking “Task Force”/Committee.
o Form a Resident Highway Noise “Task Force”/ Committee.
· Support community lead “Ranger Youth Program” which helps those in need in our community and recognizes young people for volunteering.
8.5 Open and Transparent Communication
· Publish Mayor’s messages to provide open and transparent communication in a timely manner to all residents.
· Free speech is the right of every Canadian and a democratic imperative for a mayor to be able to communicate fully with residents.
· Invite residents to ask questions, provide suggestions and share their vision (ie: Townhall Meetings, Round Table Discussion, Brown Bag Lunch Meetings).
8.6 Improved Governance
· Upgraded Code of Conduct with enforcement provisions (ie:UBCM suggested Code of Conduct)
· CAO and Council Strategy Sessions
9.0 CONCLUSION
I encourage Lions Bay residents to actively participate in discussions with me and Council on matters that impact our Village. I promise to make myself available for face-to-face meetings, to listen to your concerns, and to engage in meaningful dialogue as we work together toward our shared goals.
I want to express my appreciation to the residents who have shown commitment to our community, the dedicated village staff, and the volunteers striving to enhance the quality of life in Lions Bay. Looking ahead, let’s all embrace the opportunities before us and continue to strengthen the solid foundations of our community.
Ken Berry, Mayor, October 2023