SOME POINTS I FIND INTERESTING IN THE IMPROVEMENT DISTRICT MANUAL

The British Columbia Improvement District Manual

• Each trustee has a single vote and their power lies in the ability to convince the other trustees to agree with their point of view.  Therefore, one trustee cannot commit the district to any particular action, not even the chair.  The powers of trustee are collective, rather than individual.  For example, a trustee negotiating an agreement or contract on behalf of the district cannot make a commitment until the rest of the trustees have had the opportunity to review and vote on the matter.

• The main duty of the chair is to preside at meetings of the trustees and as such, must be familiar with the rules governing meetings.  These rules are adopted by the trustees by resolution and are commonly based on Roberts Rules of Order or Parliamentary procedure (sample Meeting Procedures are contained in Section D).

• Trustees must not use their position to benefit personally or they may be in a conflict of interest.

• In court cases, the test generally used will establish a standard of reasonableness as to the likelihood of specific bias on the part of the interested person.  It is important to note that even the appearance of a conflict of interest may cause as many problems as an actual conflict.

• The common law allegation of conflict of interest can be part of an attempt to strike down a bylaw, resolution or decision of the board.  In court cases, the test generally used will establish a standard of reasonableness as to the likelihood of specific bias on the part of the interested person.  It is important to note that even the appearance of a conflict of interest may cause as many problems as an actual conflict.

• A trustee should not do anything which they cannot justify to the public.  It is not always enough to avoid actual impropriety; trustees should at all times avoid any occasion for the appearance of improper conduct.

• Employees should recognize and accept decisions made by the board of trustees.  Employees have a responsibility to advise the board on the implications of their decisions, especially as they relate to legislative requirements however, they should not enter into debate with trustees about issues at board meetings.

• Use of Improvement District facilities:   Any facilities, such as transport, stationery, or office support services, provided by the improvement district for trustees in relation to their duties are to be used strictly for those duties and for no other purpose.

• The Local Government Act restricts an improvement district’s ability to recover its costs from individual trustees, officers, employees, or volunteers.  That is, if the improvement district is faced with a court action in its own name, the improvement district cannot commence a suit against any of these individuals to recover its legal costs or damages unless the claim relates to gross negligence of the person, or the person acted contrary to the terms of the person’s employment, or an order of a superior.

EXCELLENT LETTERS TO THE EDITOR COMOX VALLEY RECORD

http://www.bclocalnews.com/vancouver_island_north/comoxvalleyrecord/opinion/letters/114763214.html

http://www.bclocalnews.com/vancouver_island_north/comoxvalleyrecord/opinion/letters/114763224.html

HOW DOES A BOARD FUNCTION IF IT CANNOT PASS ANY BYLAWS?

THE COMMUNITY CHARTER

Division 3 — Open Meetings

General rule that meetings must be open to the public

89  (1) A meeting of a council must be open to the public, except as provided in this Division.

(2) A council must not vote on the reading or adoption of a bylaw when its meeting is closed to the public.

Meetings that may or must be closed to the public

90  (1) A part of a council meeting may be closed to the public if the subject matter being considered relates to or is one or more of the following:

(a) 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;

(b) 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;

(c) labour relations or other employee relations;

(d) the security of the property of the municipality;

(e) the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure could reasonably be expected to harm the interests of the municipality;

(f) law enforcement, if the council considers that disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment;

(g) litigation or potential litigation affecting the municipality;

(h) 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;

(i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

(j) 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;

(k) 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;

(l) 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];

(m) a matter that, under another enactment, is such that the public may be excluded from the meeting;

(n) the consideration of whether a council meeting should be closed under a provision of this subsection or subsection (2);

(o) the consideration of whether the authority under section 91 [other persons attending closed meetings] should be exercised in relation to a council meeting.

(2) A part of a council meeting must be closed to the public if the subject matter being considered relates to one or more of the following:

(a) a request under the Freedom of Information and Protection of Privacy Act, if the council is designated as head of the local public body for the purposes of that Act in relation to the matter;

(b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party;

(c) a matter that is being investigated under the Ombudsperson Act of which the municipality has been notified under section 14 [ombudsperson to notify authority] of that Act;

(d) a matter that, under another enactment, is such that the public must be excluded from the meeting.

(3) If the only subject matter being considered at a council meeting is one or more matters referred to in subsection (1) or (2), the applicable subsection applies to the entire meeting.

Requirements before meeting is closed

92  Before holding a meeting or part of a meeting that is to be closed to the public, a council must state, by resolution passed in a public meeting,

(a) the fact that the meeting or part is to be closed, and

(b) the basis under the applicable subsection of section 90 on which the meeting or part is to be closed.

LOCAL GOVERNMENT ACT

Division 3 — Board Meetings

Regular and special board meetings

222.1  (1) A board must meet

(a) regularly in accordance with its bylaw under section 794 [procedure, bylaws and enforcement], and

(b) as it decides and as provided in this Act.

(2) A special board meeting is a board meeting other than a statutory, regular or adjourned meeting.

(3) If permitted under subsection (5), a board meeting or a board committee meeting may be conducted by means of electronic or other communications facilities.

(4) Members of the board who are participating under this section in a meeting conducted in accordance with subsection (3) are deemed to be present at the meeting.

(5) The Lieutenant Governor in Council may make regulations permitting meetings under subsection (3) and prescribing conditions, limits and requirements respecting such meetings.

LOCAL GOVERNMENT ACT

Meeting procedure

739  (1) The board of trustees must, by bylaw, do the following:

(a) establish the procedures that are to be followed for the calling of meetings of the board and for the conduct of its business, including the manner by which resolutions may be passed and bylaws adopted;

(b) establish the procedures that are to be followed in calling and conducting

(i)  meetings of select and standing committees of the board,

(ii)  meetings referred to in section 741 [annual general meeting], and

(iii)  meetings of any other committee composed solely of trustees of the improvement district acting in that capacity;

(c) establish the procedures for giving advance public notice respecting the date, time and place of meetings referred to in section 741 [annual general meeting] and any other meetings required to be open to the public by a regulation under section 739.1 (a) [regulations for public access to board meetings].

(2) The inspector or the chair of the trustees may call a meeting of the trustees for any purpose and the chair must do so when requested in writing by the inspector or by a majority of the trustees.

(3) The chair or the officer assigned responsibility under section 738.2 [corporate administration] must give notice to each trustee of each meeting of the board of trustees in accordance with the procedures established by bylaw under subsection (1) of this section.

SOME OLD PICS OF COAL HILLS FROM SUMMER OF 2005

The above picture shows the hard 'crust' that existed in 2005.  This is long gone - now everything is crumbling and being washed away. 

Here's some pics I came across from 2005.  Huge difference from the condition the east side of the coal hills now.

http://outdoors.webshots.com/album/579484498LHohjk?vhost=outdoors

I'll try to take some from the same locations for "then" and "now" comparisons.

THE BEGINNING OF A NEW ERA IN UNION BAY

It's not only the beginning of a new year for the residents, but the beginning of our Royal Highness' reign.  Will January 8 be designated a holiday in order to honour our King?  Shall we have a lavish celebration to commemorate this historic day?  Perhaps we should wait to see if Charles and Camilla can attend.  Oh my god, I am so excited!!!

As always, I have many questions.  Will the above crown be on display for the peasants to view free of charge?  Will the King draw up new rules for the peasants?  What is the proper protocol when in his presence?  Will there be punishment for those who displease His Royal Highness?

So many questions.......

MORE DEBRIS BEING EXPOSED

The amount of debris buried under the coal is being exposed at an alarming rate since the high tides in the last few weeks.  Does anyone know exactly what, and how much is buried?  Doesn't take much water to wash away whatever is between the debris causing the collapse and washing away of the coal. 

To view more pics click on the link below:
http://outdoors.webshots.com/album/579466178HuWcGt?vhost=outdoors

GREAT DOGS OF UNION BAY 2011

http://community.webshots.com/album/579424478hUkAXc?vhost=community

MORE WASHER CREEK AND COAL HILLS EROSION

The following pictures and videos were taken Dec. 24, and Dec. 30, 2010.  For those who have kept track of the erosion, you will notice a major change in the profile of the coal hills on the east side.  The tree which I had stated would be the next to go is now hanging on by a couple of roots and has dropped from where it grew previously.


http://outdoors.webshots.com/album/579394987IncQZS?vhost=outdoors

These pictures start with a walk along Washer Creek out to the point along the shoreline and then back on the path above, and on top of the coal, which is half the width it once was.   


http://outdoors.webshots.com/album/579394718iVMGre?vhost=outdoors