1. Joint Moorage Facility Sizing
Presentation to the Existing Buoy Owners (EBOs)
October 10, 2015

2. Agenda Lake Windermere Official Community Plan bylaw
Feedback from Regulators
BCA Board Response
Slip Sizing Scenario: Business Case and Allocation
The “Status Quo”
Conclusion
Feedback and Discussion
Baltac Community Association

3. LAKE WINDERMERE OFFICIAL COMMUNITY PLAN BYLAW No
LAKE WINDERMERE OFFICIAL COMMUNITY PLAN BYLAW No. 2061, 2008, Amended July
(21) While not generally supported within the LWMP (Lake Windermere Management Plan), the consideration of a rezoning application to accommodate a new group moorage facility in the Baltac / Pedley Heights area may be supported subject to the following:
(a) issuance of the applicable Licence of Occupation or Lease by the Province;
(b) compliance of all proposed development with the Shoreline Development Permit guidelines;
(c) the new group moorage facility is restricted to a net increase of no more than 10 additional moorage spaces than identified in the August inventory in the bay adjacent to the Pedley Heights Community Association property. Upon completion of a management plan for the proposed moorage an amendment to this provision will be considered;
Baltac Community Association

4. LAKE WINDERMERE OFFICIAL COMMUNITY PLAN BYLAW No
LAKE WINDERMERE OFFICIAL COMMUNITY PLAN BYLAW No. 2061, 2008, Amended July
(d) bylaws or policies are in place to manage the allocation of moorage spaces amongst the members of the applicable community association(s);
(e) management of moorage spaces must provide for the shared use or rotating occupancy of moorage spaces;
(f) identification of mitigation options to reduce impacts on legally non-conforming mooring buoys in the adjacent bay; and
(g) demonstration of pre-application consultation at the expense of the community association(s) making application with legally non-conforming mooring buoy owners.
Baltac Community Association

5. Feedback from Regulators
Regulators are obliged to apply the provisions of the Lake Windermere Management Plan and the associated bylaw.
Any departure from bylaw in the number of moorage spaces would require justification to merit such a change.
140 slips would represent the largest moorage facility on the lake
Approving 140 would set a precedent with respect to future marina applications
Provisions (d) through (g) be documented
Baltac Community Association

6. BCA Board Response
Believes that a 140 slip proposal would not be accepted by the Regulators. Ignoring the feedback provided and proceeding with the proposal as it currently stands would be harmful to our purpose. Bylaw (21) (c).
Has established a set of Slip Allocation Principles and EBO Privilege process which will be enacted into BCA Bylaws to govern the allocation of slips. Bylaw (21) (d).
Recognizes the continued need to have the availability of daily, weekly and monthly slips for non-EBO community members or for prospective new comers to our community. The JMF will be a community owned facility for the benefit of the community as a whole. Bylaw (21) (e).
Baltac Community Association

7. BCA Board Response
Cannot differentiate between buoy owners in the bay, all BCA members having a buoy in the bay should be treated equally. Has considered how EBOs and Privilege concept could be managed with a reduced number of slips. Bylaw (21) (f) and (g).
Until the JMF is fully allocated and built out (all slips constructed and every slip allocated and in use), it is expected that all requests for slips will be satisfied. To reach FBO-FA is expected to take many years.
Reaffirms that Privilege lasts for 15 years after FBO-FA and that Privilege is transferrable.
Baltac Community Association

8. Slip Sizing Scenario EBO Count 100 Slip Scenario
Current BCA count of tags issued to members is 45
Number of BCA tag holders outside of Baltac Bay is 4
Number of oversized tag holders is 1. oversized tag holders will not use a regular slip
Assume that EBO count for slip usage considerations is 40
100 Slip Scenario
BCA Board considers this a target and the approval outcome possible
Baltac Community Association

9. Business Plan CAPITAL COSTS
Capital cost estimated at $3,500/slip or $350,000 for 100 slips
BCA share is $140,000
Construction stages will be based on demand, assumed to be:
50 slips initially
20 slips added after three years (total 70)
20 slips added after six years (total 90)
Last 10 slips after nine years (total 100)
BCA’s capital cost requirements (constant dollars)
$70,000 in 2016
$28,000 in 2019
$28,000 in 2022
$14,000 in 2025
Baltac Community Association

10. Business Plan REVENUES
Revenues generated from a combination of annual dues and slip rentals
Annual dues increased by $50 in first year
Slip rentals offered on a daily, weekly, monthly and annual basis
Season begins May long weekend and ends September long weekend (average 105 days) – dock stacked during off-season
Slips reserved for rental options (first year):
Daily – 5% - day rate $50
Weekly – 10% - weekly rental rate $350
Monthly – 20% - monthly rental rate $825
Annual – 65% - annual rental rate $1,500
Rental mix and rates subject to change based on demand
Baltac Community Association

11. Business Plan OPERATING COSTS
Management – a full-time person for five months - $25,000
Maintenance - $150/slip/year – from $7,500 to $15,000
Insurance/Security/Admin - $10,000/year
Dock mobilization/demobilization - $40/slip/year
15% Contingency
Replacement reserve – straight line over 20 year life
FINANCING PLAN
BCA funds 25% of initial capital outlay - $17,500 – balance financed over ten years
Future capital outlays financed from operating cash flow or internal reserves
Baltac Community Association

12. 100 Slip JMF at Full Allocation
Based on 40% allocation, BCA allotted 40 slips once build out is complete and the JMF is fully allocated by its respective community association members.
30 slips will be available for Privilege; 10 slips will be designated for daily, weekly and monthly use
Potential approaches to manage Privilege allocations (there may be others):
Each EBO will be guaranteed an annual slip for 3 of each 4 years. EBOs who do not have a guaranteed slip can apply for access to daily, weekly or monthly use slips, Or
Each EBO will be guaranteed an annual slip for 2 of each 4 years and in the 3rd and 4th years the remaining 20 EBOs will be guaranteed a 2 month slip (either June - July or August – September)
Baltac Community Association

13. The “Status Quo”
BCA Board believes that failure to proceed with a JMF will not result in the “status quo” continuing. BCA Board believes:
PHCA will proceed to remove the existing buoys in the bay and either build its own buoy farm or apply for its own moorage facility. In either case, all buoys or slips would be available, in some principled process, to all members of both BCA and PHCA equally.
This action will likely result in a legal challenge between the EBOs (or some number of them) and PHCA, pitting the right of the legal non-conforming buoy use for personal purposes versus the Riparian Rights of the land owner to use the bay resources for broader combined community access. BCA would not participate in such a civic legal action.
Legal counsel to the BCA Board has suggested it would take 10’s of thousands of dollars to obtain a legal assessment of the outcome of such an challenge and it would likely not be a distinct answer.
Baltac Community Association

14. Conclusion
From this presentation, we seek EBO input as to how to size the proposal and what process would make sense to handle the reduced slip count for purposes of Privilege.
BCA Board recommends that approving the JMF is the known way to address the boat access to the bay and avoids a legal confrontation whose results is anything but guaranteed.
Feedback and Discussion
Baltac Community Association