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Council Meeting/Documents/Report dated July 13, 2022 from the Community Planner re: Short Term Regulation Amendment Bylaw No. 1105 - Short Term Rentals
Staff Report

Report dated July 13, 2022 from the Community Planner re: Short Term Regulation Amendment Bylaw No. 1105 - Short Term Rentals

July 19, 2022Pages 189–20020 sections

Staff report presenting a bylaw amendment regarding the regulation of short term rentals within the town.

8.1.e Short Term Regulation Amendment Bylaw No. 1105 - Short Term Rentals
July 13, 2022Bylaw No. 1105

Town of View Royal

Notes to Consolidated Financial Statements

Year ended December 31, 2021

Page 189–200

1. Significant accounting policies (continued)

k) Non-financial assets

Non-financial assets are not available to discharge existing liabilities and are held for use in the provision of services. They have useful lives extending beyond the current year and are not intended for sale in the ordinary course of operations.

i) Tangible capital assets

Tangible capital assets are recorded at cost, net of disposals, write-downs and amortization. The cost of tangible capital assets includes all amounts that are directly attributable to acquisition, construction, development or betterment of the asset. The cost less residual value of the tangible capital assets, excluding land, is amortized on a straight line basis over the estimated useful life as follows:

Asset Estimated Useful Life (Years)
Land Indefinite
Land improvements 10 - 25
Buildings 20 - 70
Vehicles, machinery and equipment 3 - 20
Engineering structures 10 - 100

Amortization is calculated monthly, including in the year of acquisition and disposal. Assets under construction are not amortized until the asset is available for productive use.

Tangible capital assets are written down when conditions indicate that they no longer contribute to the Town's ability to provide goods and services, or when the value of future economic benefits associated with the asset is less than the book value of the asset.

ii) Contributions of tangible capital assets

Tangible capital assets received as contributions are recorded at their fair value at the date of receipt, with the value of the contribution recorded as revenue.

iii) Works of art and cultural and historical treasures

The Town manages and controls various works of art and non-operational historical cultural assets including buildings, artifacts, paintings and sculptures located at Town sites and public display areas. These assets are not recorded as tangible capital assets and are not amortized due to the subjectivity of their value.

iv) Interest capitalization

The Town does not capitalize interest costs associated with the acquisition or construction of a tangible capital asset.

v) Leased tangible capital assets

Leases which transfer substantially all of the benefits and risks incidental to ownership of property are accounted for as leased tangible capital assets. All other leases are accounted for as operating leases and the related payments are charged to expenses as incurred.

vi) Inventory of supplies

Inventory is recorded at the lower of cost and replacement cost.

l) Use of estimates

The preparation of consolidated financial statements requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities, and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenue and expense during the period. Significant estimates include assumptions used in estimating provisions for accrued liabilities, performing calculations of employee future benefits, sick benefits liability, collectability of accounts receivable, amortization of capital assets, determination of liability for contaminated sites, deferred charges and provisions for contingencies. Actual results could differ from those estimates. Adjustments, if any, will be reflected in operations in the period of settlement.

Page 189–200

2. Financial instruments

The Town’s financial instruments consist of cash and cash equivalents, accounts receivable, accounts payable and accrued liabilities, deposits, and long-term debt. The carrying amount of these financial instruments approximates their fair value because they are short-term in nature or because they bear interest at market rates.

Unless otherwise noted, it is management’s opinion that the Town is not exposed to significant interest or credit risks arising from these financial instruments.

Page 189–200

3. Cash and cash equivalents

2021 2020
Bank deposits $ 18,451,135 $ 17,949,555
Municipal Finance Authority - Money Market 961,314 959,847
Municipal Finance Authority - Ultra Short Bond 2,059,761 2,059,897
Municipal Finance Authority - Short-Term Bond 9,210,401 9,286,584
Total $ 30,682,611 $ 30,255,883

Cash and cash equivalents consist of short-term investments in the MFA money market, ultra short-term, and short-term bond funds. The market value is equal to the carrying value. Temporary investments have yields ranging from -0.8% to .2%.

Included in cash and cash equivalents are the following restricted amounts:

2021 2020
Restricted cash - MFA $ - $ 95,875
Restricted cash - West Shore reserve funds (Note 10) 270,325 163,311
Restricted investments - reserve funds (Note 10) 8,495,251 7,494,056
Restricted investments - development cost charges 5,232,629 4,890,428
Total $ 13,998,205 $ 12,643,670

The Town has an operating line of credit with the Toronto Dominion Bank for an authorized amount of $1,000,000, bearing interest at bank prime rate less 0.50% per annum. At December 31, 2021 the balance outstanding was $nil (2020 - $nil).

Page 189–200

4. Accounts Receivable

2021 2020
Government of Canada $ 227,249 $ 311,659
Province of British Columbia 1,074,662 160,439
Regional and local governments 22,152 13,717
Deposits 2,500 122,508
Other trade receivables 1,481,694 397,343
Total $ 2,808,257 $ 1,005,666
Page 189–200

5. Accounts payable and accrued liabilities

2021 2020
Government of Canada $ 749,274 $ 532,169
Province of British Columbia 533,455 2,113,454
Regional and local governments 764,551 131,873
Payroll liabilities 223,870 149,360
Other trade payables 1,532,560 1,445,316
Total $ 3,803,710 $ 4,372,172
Page 189–200

6. Deferred revenue

Development cost charges 2021 2020
Beginning balance $ 4,890,427 $ 4,609,541
Received during the year 354,801 957,104
Interest earned 13,456 129,806
Recognized as revenue (26,055) (806,024)
Ending balance 5,232,629 4,890,427
Deferred revenue - other 912,116 1,032,848
Total deferred revenue $ 6,144,745 $ 5,923,275
Page 189–200

7. Long-term debt

a) Debt outstanding

Issue # Matures Rate Original Amount Net debt 2021 Net debt 2020
117 Oct. 12, 2026 3.25% $ 2,445,000 $ 978,982 $ 1,152,777
127 Apr. 7, 2034 3.30% 5,490,000 4,033,841 4,267,120
$ 7,935,000 $ 5,012,823 $ 5,419,897

b) Debenture debt

The loan agreements with the Capital Regional District and the MFA provide that if, at any time, the scheduled payments provided for in the agreements are not sufficient to meet the MFA’s obligations in respect of such borrowings, the resulting deficiency becomes a liability of the Town.

The Town issues its debt instruments through the MFA. Debt is issued on a sinking fund basis, where the MFA invests the Town’s sinking fund principal payments so that the payments, plus investment income, will equal the original outstanding debt amount at the end of the repayment period. Actuarial adjustments on debt represent the repayment and/or forgiveness of debt by the MFA using surplus investment income generated by the principal repayments.

Principal payments on long term debt for the next five years are as follows:

Year Amount
2022 $ 315,615
2023 315,615
2024 315,615
2025 315,615
2026 315,615
Thereafter 3,434,748
Total $ 5,012,823

c) Interest expense

Total interest expense during the year was $251,094 (2020 - $260,633).

Page 189–200

8. Employee benefit and retirement obligations

Employee benefit obligations represent accrued benefits as follows:

2021 2020
Vacation payable $ 34,037 $ 76,407
Accrued overtime 78,254 20,110
Sick leave entitlements 115,900 112,000
West Shore employee future benefit obligations 55,037 48,841
Total $ 283,228 $ 257,358

Accrued vacation is the amount of unused vacation entitlement carried forward into the next year. Accrued sick leave is the estimated liability for sick leave for all employees. Sick leave entitlements can only be used while employed by the Town and are not paid out upon retirement or termination of employment. The accrued sick leave actuarial valuation was estimated as at December 31, 2021.

Information about liabilities for accrued sick leave is as follows:

2021 2020
Accrued benefit obligation, beginning of year $ 131,600 $ 95,500
Adjustment to benefit obligation - 6,200
Current service cost 10,900 9,300
Interest cost 2,600 3,000
Benefits paid (11,500) (1,500)
Amortization of actuarial (gain) (6,100) 19,100
Accrued benefit obligation, end of year 127,500 131,600
Unamortized gain (11,600) (19,600)
Accrued benefit liability, end of year $ 115,900 $ 112,000

The accrued benefit liability is included as part of employee benefit obligations on the Consolidated Statement of Financial Position. The actuarial gain is amortized over a period equal to the employees’ average remaining service lifetime of 11 years.

The significant actuarial assumptions adopted in measuring the Town’s accrued benefit obligations are as follows:

2021 2020
Discount rates 2.40% 1.90%
Expected future inflation rates 2.50% 2.50%
Expected wage and salary increase 2.58% - 4.50% 2.58% - 4.50%

Municipal Pension Plan

The Town and its employees contribute to the Municipal Pension Plan (a jointly trusteed pension plan). The board of trustees, representing plan members and employers, is responsible for administering the plan, including investment of assets and administration of benefits. The plan is a multi-employer defined benefit pension plan. Basic pension benefits provided are based on a formula. As at December 31, 2020, the plan has about 220,000 active members and approximately 112,000 retired members. Active members include approximately 42,000 contributors from local governments.

Every three years, an actuarial valuation is performed to assess the financial position of the plan and adequacy of plan funding. The actuary determines an appropriate combined employer and member contribution rate to fund the plan. The actuary’s calculated contribution rate is based on the entry-age normal cost method, which produces the long-term rate of member and employer contributions sufficient to provide benefits for average future entrants to the plan. This rate may be adjusted for the amortization of any actuarial funding surplus and will be adjusted for the amortization of any unfunded actuarial liability.

The most recent actuarial valuation for the Municipal Pension Plan as at December 31, 2018, indicated a $2,866 million funding surplus for basic pension benefits on a going concern basis.

The Town paid $299,565 (2020 - $301,892) for employer contributions while Town employees contributed $251,918 (2020 - $254,153) to the plan in fiscal 2021.

The next valuation will be as at December 31, 2021 with results available in 2022.

Employers participating in the plan record their pension expense as the amount of employer contributions made during the fiscal year (defined contribution pension plan accounting). This is because the plan records accrued liabilities and accrued assets for the plan in aggregate, resulting in no consistent and reliable basis for allocating the obligation, assets and cost to the individual employers participating in the plan.

Page 189–200

9. Tangible capital assets

a) Assets under construction and completed assets not yet in service

Assets under construction totaling $277,810 (2020 - $1,582,135) have not been amortized. Amortization of these assets will commence when the asset is put into service.

b) Contributed tangible capital assets

Contributed tangible capital assets have been recognized at fair market value at the date of contribution. The value of contributed capital assets received during the year is $529,430 (2020 - $nil).

c) Gain or loss on disposal of tangible capital assets

During the year, the Town recognized a $454,588 gain on disposal of tangible capital assets. (2020 - $82,152). This amount is included as revenue on the Consolidated Statement of Operations.

d) Write down of tangible capital assets

The write down of tangible capital assets during the year was $21,342 (2020 - $nil).

Page 189–200

10. Accumulated surplus

Accumulated surplus consists of individual fund surplus and reserve funds as follows:

Surplus 2021 2020
Equity in tangible capital assets $ 125,470,392 $ 126,235,265
Appropriated surplus - casino revenue 4,188,767 4,881,520
Appropriated surplus - Community Works Fund (Note 11) 2,349,862 1,529,574
Appropriated surplus - other 381,232 379,132
Unrestricted accumulated surplus 4,925,887 4,765,769
137,316,140 137,791,260
Capital Renewal 701,602 627,813
Capital Works and Land Acquisition 1,336,220 833,460
Community Amenity Contributions 177,669 -
Fire Department Equipment 197,834 158,487
Future Operating Expenditures 977,968 975,283
Machinery and Equipment Depreciation 305,216 334,608
Parks and Open Space 501,292 499,916
Parks Improvements 381,897 276,049
Police Equipment, Property and Contract 384,109 416,209
Police Operation and Maintenance 1,653,589 1,822,501
Sewer System Capital 1,877,857 1,549,730
West Shore Parks and Recreation Society reserves 270,325 163,311
8,765,578 7,657,367
Total Accumulated Surplus $ 146,081,718 $ 145,448,627
Page 189–200

11. Community Works Fund

Community Works Fund is a component of the Gas Tax Agreement funding provided by the Government of Canada and administered through the Union of British Columbia Municipalities (UBCM). Community Works Fund transfers are recorded as revenue when received, then held as reserves until spent on eligible expenditures.

2021 2020
Community Works Fund, beginning balance $ 1,529,574 $ 1,084,074
Amounts received during the year 1,009,383 493,427
Interest earned 5,154 35,713
Amounts allocated to projects during the year (194,249) (83,640)
Ending balance $ 2,349,862 $ 1,529,574
Page 189–200

12. Taxes for municipal purposes

The Town is required to collect taxes on behalf of and transfer these amounts to the government agencies noted below. Taxes levied over or under the amounts requisitioned are recorded as accounts payable or receivable.

Taxes 2021 2020
Property tax $ 16,984,390 $ 15,857,664
Grants in lieu of taxes 58,764 58,070
1% Utility tax 134,252 131,737
17,177,406 16,047,471
Less taxes levied for other authorities
School authorities 4,962,345 4,163,517
Capital Regional District 966,463 959,505
Capital Regional Hospital District 659,833 707,655
British Columbia Assessment Authority 155,916 157,419
British Columbia Transit 815,207 838,756
Municipal Finance Authority 733 725
7,560,497 6,827,577
Taxes for municipal purposes $ 9,616,909 $ 9,219,894
Page 189–200

13. Gaming revenue

The Town has an agreement with the Province whereby 10% of the net gaming revenue from community casinos is to be paid to local governments. The Town has also has a casino revenue sharing agreement with neighbouring municipalities whereby 55% of the revenue received from the Province in respect of the gaming facility situated within the Town is to be disbursed to these governments. This disbursement is netted against the gaming revenue in the consolidated financial statements for the Town as disclosed below.

Gaming revenue 2021 2020
Amounts received during the year $ 2,361,045 $ 876,369
Disbursements to partner municipalities (1,298,575) (482,003)
Net Gaming revenue $ 1,062,470 $ 394,366
Page 189–200

14. Government grants and transfers

2021 2020
Conditional transfers
Federal $ 1,015,658 $ 493,427
Provincial 1,102,709 3,097,279
Other agencies 693,760 258,039
2,812,127 3,848,745
Unconditional transfers
Small communities protection 359,000 377,557
Traffic fine revenue sharing 74,021 68,919
433,021 446,476
Total government grants and transfers $ 3,245,148 $ 4,295,221
Page 189–200

15. Commitments and contingencies

a) The Capital Regional District ("CRD") debt, under provisions of the Local Government Act, is a direct, joint and several liability of the CRD and each member municipality within the CRD, including the Town.

b) The Town is a shareholder and member of the Capital Region Emergency Service Telecommunications Incorporated ("CREST") which provides centralized emergency communications, and related public safety information services to municipalities, regional districts, the provincial and federal governments and their agencies, and emergency service organizations throughout the Greater Victoria region and the Gulf Islands. Members’ obligations to share in funding ongoing operations and any additional costs relating to capital assets are to be contributed pursuant to a Members’ Agreement.

c) The Town is a defendant in various lawsuits. Whether claims are in progress or have yet to be initiated, the Town records an accrual in respect of legal claims that are likely to be successful and for which an amount is reasonably determinable.

d) Under borrowing arrangements with the MFA, the Town is required to lodge security by means of demand notes and interest bearing cash deposits based on the amount of the borrowing. As a condition of these borrowings, a portion of the debenture proceeds is withheld by the MFA as a debt reserve fund. These deposits are held by the MFA as security against the possibility of debt repayment default. If the debt is repaid without default, the deposits are refunded to the Town. At December 31, 2021 there were contingent demand notes of $204,201 (2020 - $204,201) and a contingent deposit of $97,506 (2020 - $95,876).

e) The Town entered into a long term contract with the Federal Government and the Royal Canadian Mounted Police for the provision of police services. Under the terms of this contract, the Town is responsible for 70% of policing costs, which in 2022 are estimated to be $1,968,158 (2021 actual $1,879,014). In addition, the Government of Canada signed the first collective agreement with the National Police Federation in 2021. The result of this agreement is a retroactive pay increase for RCMP members and reservists, payable in 2022. The Town's estimated share of the retroactive pay increase is $299,000.

f) The Town has purchase orders in the amount of $77,411 open as at December 31, 2021 which have not been recorded. These amounts have been taken into account in the budget and will be recorded in the period the goods and services to which they relate are received.

Page 189–200

16. Contaminated site

The Town owns one property not in productive use with levels of contamination exceeding current environmental standards. Testing of the contamination in 2003 found no known threats to human health or safety. The property is surrounded by the ocean and undeveloped crown-owned land with no current development applications. The property and surrounding crown-owned land were historically occupied by a plywood mill. Due to uncertainty regarding the future development of the surrounding property, the Town is unable to reasonably estimate what, if any, loss of future economic benefits will occur. As such no liability has been recorded in the consolidated financial statements for the year ending December 31, 2021.

Page 189–200

17. Financial plan

The financial plan amounts presented throughout these consolidated financial statements are audited and represent the five year financial plan bylaw (Bylaw No. 1071) approved by Council on May 4, 2021 consolidated with the proportional share of the budgeted operating revenue and expense of West Shore Parks and Recreation Society. The summary below reconciles the 2021 consolidated financial plan to the Consolidated Statement of Operations.

Consolidated financial plan, 2021 surplus (deficit) $ -
Add:
Capital expenditures 2,711,476
Transfers to reserves 386,161
Transfers to surplus 515,956
Principal payments on debt 306,470
Less:
Transfers from equity in capital assets (3,087,648)
Transfers from reserves for operating (199,700)
Transfers from reserves for capital (749,969)
Transfers from surplus for operating (1,951,109)
Transfers from surplus for capital (772,460)
Financial plan annual surplus (deficit) $ (2,840,823)
Page 189–200

18. West Shore Parks and Recreation Society

a) Capital asset transfer

The lands and facilities comprising the Juan de Fuca Recreation Centre are owned by the member municipalities (the “Municipalities”) in their proportionate share, as specified in the Co-Owners’ Agreement. The Town became party to the agreement effective January 1, 2007. Future improvements are allocated among the partners as per the cost sharing formula in effect each year for each service or facility, as outlined in a Members’ Agreement. For 2021, the Town’s share of improvements purchased by the Society on its behalf is $796,901 (2020 - $225,906).

Because the cost sharing formula in the Members’ Agreement produces different cost shares for the members from year to year, there is a gain or loss on the opening fund balances. In 2021, the Town recorded a loss of ($160,591) (2020 - gain of $79,875).

The participating Municipalities have each become members in the Society, which was incorporated to provide parks, recreation and community services to the Municipalities under contract. Under terms of an Operating, Maintenance and Management Agreement, the Society is responsible to equip, maintain, manage and operate the facilities located at the recreation centre.

b) Consolidation

Financial results and budget for the Society are consolidated into the Town’s financial statements proportionately, based on the cost sharing formula outlined in the Members’ Agreement. In 2021, the Town’s proportion for consolidation purposes was 14.502% (2020 - 14.866%). Condensed financial information for the Society is as follows:

2021 2020
Financial assets $ 4,128,433 $ 4,767,787
Financial liabilities 2,755,185 4,211,496
Net financial assets 1,373,248 556,291
Non-financial assets 1,112,757 1,042,698
Accumulated surplus $ 2,486,005 $ 1,598,989
Revenues $ 10,098,436 $ 4,439,706
Requisition for members 6,331,273 5,071,039
16,429,709 9,510,745
Expenses 15,542,693 10,337,446
Annual surplus (deficit) $ 887,016 $ (826,701)
Page 189–200

19. Segmented information

The Town is a diversified municipal organization that provides a wide range of services to its citizens. Town services are provided by departments and their activities reported separately. Certain functions that have been separately disclosed in the segmented information, along with the services they provide, are as follows:

a) General Government

The general government operations provide the functions of corporate administration, finance, human resources and legislative services and any other functions categorized as non-departmental.

b) Protective Services

Protective Services includes the View Royal Fire Rescue which is a composite fire department responsible to provide fire suppression service, fire inspections of public buildings, and training and education of volunteer firemen as well as the citizens of View Royal. In addition, it also includes policing provided by the RCMP, emergency planning, animal control and the maintenance and enforcement of building and construction bylaws as well as all other municipal bylaws. Fire protection services are provided to the Songhees and Esquimalt First Nation communities under contract.

c) Transportation

Transportation services comprises a wide variety of services such as the annual maintenance of all municipally owned roads and bridges, sidewalks, street signage, boulevards, bus shelters, street lighting and traffic signals. Transportation also includes the design, inspection, and maintenance of the storm drain collection systems.

d) Environmental health services

Environmental health services includes solid waste collection and disposal as well as collection and disposal of liquid waste through the sanitary sewer service.

e) Planning and development services

Environmental development services include all land use, planning and zoning issues in the Town.

f) Recreation and cultural services

Recreation and culture includes maintenance and development of all parks and green spaces within the Town as well as the Town's financial contribution to the services provided by the Greater Victoria Public Library and the Town’s portion of West Shore Parks and Recreation Society.

Page 189–200
Extracted from: 2022 07 19 Council agenda - Agenda - Pdf