MUNICIPALITY of North Agenda

Meeting Regular Council

Date Wednesday, April 20, 2011

Time 1:30 p.m.

Place Municipal Hall - Council Chambers

Page

1. Approval of Agenda Recommendation: that Council approve the agenda as circulated.

2. Adoption of Minutes Recommendation: that Council adopt the April 6, 2011 Regular Council meeting 5-10 minutes.

3. Addition of Late Items 3.1 Add Late Items Recommendation: that Council add the following late items to the agenda:

4. Presentations and Delegations 4.1 Cowichan Secondary School - 2011 Graduating Class Recommendation: (Mayor's Presentation) 4.2 Festival of Murals Society 11-17 Recommendation: (Receive Delegation)

5. Staff Reports 5.1 Flood Management Funding Agreement 19-30 Recommendation: that Council ratify signing of the Flood Management Program Project (funding) Agreement with the Province of BC, for the Joint Utilities Board Wastewater Treatment Plant flood protection upgrades. 5.2 Foot Race - Mount Tzouhalem 31-35 Recommendation: that Council allow the 11th Annual Gut Buster Trail Run to be held in the Municipal Forest Reserve, Mount Tzouhalem block, subject to the following: 1. notifying the RCMP, Maple Bay and Crofton Fire Halls and BC Ambulance Service; 2. posting signs of the race date and times at public access points two weeks prior to the event; 3. having appropriate emergency plans and trained personnel to deal with medical and forest fire emergencies; 4. giving recognition for its contribution to participants; 5. being aware that vehicle access to the Mount Tzouhalem Forest Reserve block is limited;

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5. Staff Reports 6. providing the Municipality with proof of liability insurance, naming North Cowichan as an additional insured; and 7. having each participant signing an assumption of risk agreement and indemnifying release to absolve North Cowichan from all liability. 5.3 Councillor Koury - Leave Request Recommendation: that Council grant Council Koury a leave of absence during his federal election campaign. 5.4 Logging Contract 37 Recommendation: that Council authorize the Mayor and Corporate Officer to sign an agreement with Millstone Logging Ltd. to harvest and estimated 1,500 cubic metres of conifer and hardwood logs from Mount Tzouhalem (forestry block T-101), at a weighted average cost of $28.80 per cubic metre, effective April 21, 11 to December 31, 2011. 5.5 Climate Change Advisory Committee 39-41 Recommendation: that Council approve the Terms of Reference for the Climate Change Advisory Committee, attached to the Deputy Clerk's April 15, 2011 report. [Addenda]

6. Correspondence 6.1 Proclamation Request - Vision Health Month 43-45 Recommendation: 6.2 Proclamation Request - Day of Mourning 47 Recommendation: that Council fly its flags at halfmast on Thursday, April 28, 2010, to honour the "National Day of Mourning for Workers Killed or Injured on the Job". 6.3 Receive and File Recommendation: that Council receive and file correspondence not separately dealt with.

7. Committee Reports

7.1. Administration & Finance Committee 7.1.1 Minutes - Apr 4 & 11 49-52 Recommendation: (Review Minutes) 7.1.2 Print Donation Recommendation: that Council donate an E.J. Hughes framed poster to Queen Margaret's School for its May 7, 2011 annual Gala Fundraiser. 7.1.3 Municipal Policing Spending Cap Recommendation: that Council confirm to the RCMP that North Cowichan's municipal policing expenditure cap for 2011/12 will be $4,519,530, (North Cowichan is responsible for 90%), for a total detachment strength of 30 members. 7.1.4 Cowichan Neighbourhood House Skateboard Park Recommendation: that Council 1) gratefully accept the Cowichan Neighbourhood House Association donation of $5,586.73, raised by youth, and 2) add it to North Cowichan's Appropriated Surplus for eventual construction of a Skate Park in Chemainus. 7.1.5 Westholme School Society - Sub-licence Recommendation: that Council consent to Westholme School Society granting a sub-licence to Sherri Pippen, to conduct private classes for elementary aged school children.

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7.2. Chemainus Advisory Committee 7.2.1 Minutes - Mar 7 53-54 Recommendation: (Review Minutes)

7.3. Climate Change Advisory Committee 7.3.1 Minutes - Mar 31 55-56 Recommendation: (Review Minutes)

8. Other Reports 8.1 Minutes - Mar 23 ( - Special Meeting) 57-58 Recommendation: (Review Minutes) 8.2 Minutes - Mar 24 ( Centre Commission) 59-62 Recommendation: (Review Minutes)

9. Bylaws 9.1 Bylaw 3444 - 1st, 2nd & 3rd Readings 63-68 Recommendation: that Council read a first, second and third time, Bylaw 3444 "Delegation of Authority Bylaw". 9.2 Bylaw 3445 - 1st, 2nd & 3rd Reading 69-71 Recommendation: that Council read a first, second and third time Bylaw 3445, "Local Area Service (Moose Road Sewer Extension) Bylaw". 9.3 Bylaw 3446 - 1st, 2nd & 3rd Reading Recommendation: that Council read a first, second and third time Bylaw 3446, "Financial Plan Bylaw" (to be distributed). 9.4 Bylaw 3447 - 1st, 2nd & 3rd Reading Recommendation: that Council read a first, second and third time Bylaw 3447, "Tax Rates Bylaw" (to be distributed).

10. Notice of Motions

11. New Business

12. Question Period

13. Committee of the Whole 13.1 Move into committee Recommendation: that Council move into Committee of the Whole. 13.2 Minutes - Mar 29 73-74 Recommendation: that the Committee adopt the March 29, 2011 Committee of the Whole meeting minutes. 13.3 Island Corridor Foundation 75-78 Recommendation: (For discussion) 13.4 Public Hearing Report - Bylaw 3439 & 3441 79-83 Recommendation: (For review) [Addenda] 13.5 Draft Development Cost Charges Recommendation: (For continued review and discussion - report to be distributed)

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13. Committee of the Whole 13.6 Borrowing Approval for Municipal Projects Recommendation: (For discussion) 13.7 Circle Route Proposal Recommendation: (Verbal report) 13.8 Progress on Council Priorities Recommendation: (Receive verbal update) 13.9 Rise and Report Recommendation: that the Committee rise and report, and that Council adopt the report of the Committee.

14. Closed Session Recommendation: that Council close the meeting to the public to consider matters under section 90(1)(a) and (g) of the Community Charter.

15. Adjournment Recommendation: that the meeting adjourn.

Page 4 of 83 Minutes - Apr 6

MUNICIPALITY of North Minutes COWICHAN

Meeting Regular Council

Date Wednesday, April 6, 2011

Time 1:30 p.m.

Place Municipal Hall - Council Chambers

Members Present Mayor Tom Walker Councillor Garrett Elliott Councillor Ruth Hartmann Councillor Dave Haywood Councillor George Seymour Councillor Al Siebring

Members Absent Councillor John Koury

Staff Present Dave Devana, Chief Administrative Officer (CAO) Mark Ruttan, Director of Administration / Deputy CAO John MacKay, Director of Engineering & Operations Scott Mack, Director of Planning and Development Ernie Mansueti, Director of Parks and Recreation Mary Beth MacKenzie, Deputy Clerk Peter Nilsen, Assistant Engineer Brigid Reynolds, Planner Audrey Rogers, Planner Shannon Carlow, Administration Secretary

Approval of Agenda

Agenda It was moved, seconded and carried, that Council approve the agenda as circulated.

Adoption of Minutes

Minutes - Mar 16 It was moved, seconded and carried, that Council adopt the March 16, 2011 Regular Council meeting minutes.

Addition of Late Items

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April 6, 2011 Regular Council Meeting Minutes

Add Late Items It was moved, seconded and carried, that Council add the following late items to the agenda: 13.5 Firewood Draw - Youth Organizations

Public Meetings and Hearings

Development Variance Following an introduction by the Director of Planning and Permit - 7986 Collinson Development, and advice from staff that the Municipality received Place no written public comments on this application, Mayor Walker invited input from the applicant and public on whether Council should issue a Development Variance Permit to Ralph Werner Austerman for 7986 Collinson Place to vary section 58(6)(a) of the Zoning Bylaw.

It was moved, seconded and carried, that Council issue a Development Variance Permit to Ralph Werner Austerman for a single family residence, located at 7986 Collinson Place (Folio: 08051-025), to reduce the minimum front yard setback from 5.0 metres (16.4 feet) to 4.68 metres (15.35 feet).

Staff Reports

Pooled Funds - It was moved, seconded and carried, that Council approve, and Funding Agreement authorize the Mayor and Corporate Officer to sign, a Pooled Funds Funding Agreement with the Union of BC Municipalities in the amount of $150,000, for the Somenos Rainwater Management, Sewer and Trail Project.

2011 General Local It was moved and seconded, that Council direct staff to: Election 1. submit a detailed report to Council on the feasibility of implementing mail ballot voting for the 2014 General Local Election; and 2. establish election official remuneration rates for the 2011 General Local Election as outlined in the Deputy Clerk's March 23, 2011 report.

It was moved, seconded and carried (Councillor Haywood opposed), that Council amend the main motion to strike the words "submit a detailed report to Council on the feasibility of implementing mail ballot voting for the 2014 General Local Election; and".

The main motion, as amended, was then put and carried to read "that Council direct staff to establish election official remuneration rates for the 2011 General Local Election as outlined in the Deputy Clerk's March 23, 2011 report”.

Aquannis Centre - It was moved and seconded, that Council: Expanded Use 1. approve, in principle, the re-development of the old

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April 6, 2011 Regular Council Meeting Minutes

Aquannis Centre lobby, fitness studio, mechanical and change rooms for proposed expansion of youth outreach programming and the establishment of a child care facility, and 2. seek approval, in principle, for this re-development from the Duncan City Council.

It was moved, seconded and carried that Council postpone the main motion in order to get more information about whether the Island Savings Centre Commission budget includes $40,000 for this proposed project.

Moose Road-Davis It was moved, seconded and carried, that Council: Crescent Sewer 1. receive the Corporate Officer's March 31, 2011 report on the Extension sufficiency and validity of a local area service petition to extend the South End Municipal sewermain to service 17 properties on Davis Crescent, Moose Road and Lakes Road, and 2. direct staff to prepare the necessary local area service bylaw.

Correspondence

UBCM - RCMP It was moved, seconded and carried, that Council refer the March Contract Negotiations 29, 2011 UBCM correspondence regarding RCMP contract negotiations to the Police Services Committee.

Aquannis Centre - Council reviewed the March 29, 2011 report from the Island Expanded Use Savings Centre Manager and resumed debate on expanded use of (continued) the Aquannis Centre.

It was moved and seconded and DEFEATED (Mayor Walker and Councillors Hartmann and Seymour opposed), that Council refer the main motion to the Island Savings Centre Commission for clarification.

It was moved, seconded and carried (Councillor Hartmann opposed), that the main motion be amended to strike out the words "and establishment of a child care facility".

The main motion, as amended, was then put and carried (Councillor Hartmann opposed), to read, "that Council: 1. approve, in principle, the re-development of the old Aquannis Centre lobby, fitness studio, mechanical and change rooms for proposed expansion of youth outreach programming, and 2. seek approval, in principle, for this re-development from the Duncan City Council".

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April 6, 2011 Regular Council Meeting Minutes

Committee Reports

Public Works Committee

Gas Franchise It was moved, seconded and carried, that Council direct staff to Agreement Renewal work with Island municipalities to negotiate a common gas operating agreement with Fortis BC.

Pedestrian Signal It was moved, seconded and carried, that Council request the RCMP to monitor motor vehicle speed at the crosswalk on Cowichan Lake Road at Avondale Place.

Encroachment It was moved, seconded and carried, that Council authorize the Agreement - Dancing Mayor and Corporate Officer to sign an encroachment agreement Bean Cafe with the Dancing Bean Cafe at 9752 Willow Street, to place 6 tables and chairs on the sidewalk in front of their business, subject to receipt of a $200 annual fee and no obstruction of pedestrian sidewalk use.

Chemainus Road It was moved, seconded and carried, that Council: Sewer Extension 1. include 9538 Chemainus Road (Folio: 15495-000) within the Chemainus sewer area; subject to the property owner paying his share of the $57,300 cost (plus a development cost charge of $649) to extend sewer approximately 80 metres; 2. authorize a latecomer agreement for North Cowichan to require the sewer extension to service 7 properties between 9553 and 9538 Chemainus Road and to allow reimbursement of the costs over a 15-year period should the other 6 properties connect; and 3. authorize its share of this Chemainus Road sewer extension in the amount of $49,114 from the Chemainus sewer surplus fund.

Bylaws

Bylaw 3175 - Rescind It was moved, seconded and carried, that Council rescind first and & Abandon second reading, and abandon, Bylaw No. 3175, "Zoning Amendment (No. 4 - Timbercrest Estates) Bylaw 2003".

Bylaw 3443 - Adoption It was moved, seconded and carried, that Council adopt Bylaw 3443, "Miscellaneous Fees and Charges Amendment Bylaw, 2011".

Committee of the Whole

Move into committee It was moved, seconded and carried, that Council move into

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April 6, 2011 Regular Council Meeting Minutes

Committee of the Whole. (2:40 p.m.)

Regional Board Issues Council discussed Regional Board issues affecting North Cowichan, including the following: 1. the purchase of 128 acres on Maple Bay Peninsula, and 2. regionally-significant gas tax grant application priorities.

Draft Development Council reviewed an updated table on development cost charges on Cost Charges and noted that a summary of public comments on North Cowichan’s proposed new development cost charges should be available for Council to review on April 20, 2011.

Draft Development Council reviewed and commented on proposed new development Permit Guidelines permit guidelines and directed staff to revise the guidelines and make necessary consequential amendments to the proposed Official Community Plan bylaw.

Firewood Draw It was moved, seconded and carried, that Council donate one logging truck load of firewood each to the following three non-profit organizations supporting youth in the Cowichan Valley:

1. Maple Bay Rowing Club; 2. Red Hot Fastpitch; and 3. Duncan Junior Baseball.

Rise and Report It was moved, seconded and carried, that the Committee rise and report, and that Council adopt the report of the Committee.

Closed Session

Motion to close It was moved, seconded and carried, that Council close the meeting meeting to the public to the public to consider matters under section 90(1)(c), (e) and (g) of the Community Charter. (6:45 p.m.)

Council rose without reporting at 7:34 p.m.

Adjournment

7:35 p.m. It was moved, seconded and carried, that the meeting adjourn. (7:35 p.m.)

Minutes certified correct

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April 6, 2011 Regular Council Meeting Minutes

Corporate Officer Mayor (or presiding member)

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Apr. 12. 2011 9:43AM 3estWesternChemainus.com No. 9429 P.

Delegation Application MUNICIPALITY of COWICHAN

I/we

(name[s])

/> (address) request to appear as a delegation before:

Council Harbours Commission □ Administration and Finance Committee Parks and Recreation Commission o AdvisoryCommission Planning Protective Services Committee a Agricultural Advisory Committee Public Works Committee n Environmental Advisory Committee Technical Planning Committee n Forestry Advisory Committee

Will you be requesting a grant or financial assistance? ' nYes 7 a No y n 6J Do you require audio visual equipment? a Yes fplease specify requiremenfe below;

Audio visual equipment required:

(signaTOre) V

(telephone) (e-mail)

Council and Committees welcome public comments, but as a courtesy to tenglhy agendas, we request that you present your Information ^m^ possible. If you have a large amount of printed material or information to mm

For internal use only

Request approved ..20. (date)

Committee Chair or Secretary Date of meeting Copy: d Chief Administrative Officer Director of Planning Director of Engineering Director of Parks and Recreation Director of Finance

/9

Festival of Murals Society Page 11 of 83 ... Festival of Murals Society

Presidents report March 2011

Good evening ladies and gentlemen.

I am giving you an update related to some of the work we have done during 2010 and details for 2011 planned projects. Our 29 th anniversary is approaching fast.

The murals remain a sense of pride and an ongoing economic activity generating project that benefits everyone in our community and is still sparking communities to develop similar programs to grow tourism in those communities.

I like to officially thank our outstanding, our creative and hard working board of directors for a job well done. Thank you so much for your dedication.

Our next project on April 23, is crowning, yes placing a carving on the top of our Emily Carr Number 2 - the freestanding mural and carving of a first nation's long house, which is called; "First Nations Villages as seen through the eyes of Emily Carr''. On April 23 2011, which is Easter Saturday, we have organized a full weekend of family focused Easter events and the highlight is the 11 AM unveiling of the "Skidegate Eagle" carved by Carey Newman. The ceremony will be attended by representatives from the Skidegate Band and other dignitaries such as our Mayor, it will be MC'd by Fred Roland of the Coast Salish First Nations Band. I have an event calendar for your guidance distributed this evening.

We love to have as many people as possible in the community participate and publicize the event, go ahead invite your families from all over BC to come out. As merchants please run some Chemainus dollar specials that weekend and get involved.

During May or June this year we will be making another major announcement, which will once again place us on the international stage, watch for that!

By the way: Membership in the FOM is fairly low this and every year - how are we to survive? How are we to keep an board of skilled individuals working for Chemainus? How are we to build a strong Society? We need your help in terms of increasing memberships in the Festival of Murals. It is pretty clear to me that without the murals -Chemainus would be less of a community, without the murals likely no theatre and for sure no Best Western. All of us benefit from the mural program started so many years ago. We inspired the world but apparently not enough of the Chemainus merchants or residents we really need Chemainiacs to be members, so please spread the "lets belong" word for us. We put out a challenge to throw Karl in the Pool however that is not happening.

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But YOU are able to give us donations to help pay for mural maintenance and our development projects.

During 2010 we have sealed and coated all murals with a product called B 72, which will protect the murals from graffiti and has rejuvenated - restored the brightness of the paint in all of our murals, we think the murals look great again and this product has rejuvenated the pigment in the paint.

Cim our curator has done an outstanding job maintaining and caring, for our murals, however during the 2011 year she will do a lot more in terms of restorations and fixing some specific murals. She has also been taking care of weeding around the murals and she has removed all of the graffiti around town.

Let me talk about that some more - if we leave the graffiti chances are that the murals might get hit and we certainly see a deteriorating condition of the appeal for the town. The muni doesn't clean graffiti or tagging unless it is on municipal building; most of the graffiti is on private buildings. The muni, has a bylaw to enforce removal, however the timing is way too long and action is required within day's so what we are forced to do is clean it up via Cim and pay her for doing it, how do we get the money back for the work done? Would be nice if those private owners are at least FOM members? It is a serious issue that we like to resolve and we made the Chamber aware and we can use your help too.

You have previously been advised about our Emily Carr Embassy at Water Wheel Park, this project proofed impossible to complete and we have shelved the project. We did run a gift store this summer via the Coastal Community Credit Union, but this project did not generate much cash and wasn't a success.

Additionally we ran a student work project where we hired three students who were part of the historic interpretation program with which we complimented the mural experience for our visitors. Ian De Voy coordinated this successful but costly program, which garnered a fair bit of media attention for Chemainus and the murals and certainly delighted and enhanced the historic components of Chemainus for our summer visitors.

During the year all murals and art owned by the FOM has been documented and photographed in order to keep proper records.

The mural project on the Chemainus Senior center is still a work in progress via Lurene Haines who will continue to paint.

We maintained a blog http://chemainusmurals.wordpress.com/ as you know in order to communicate as much as possible to our membership and those interested in the community.

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The blog even connects to search marketing for Chemainus and along with our website links to the Tourism Chemainus website.

You are also no doubt aware of the Chemainus Dollar project, which is an unique concept that involves marketing the murals. We as a board supported this project and have a founding membership in it and have included marketing the Chemainus Dollar in our brand new Souvenir Mural Guide, which was introduced last summer and is now the only guide that gives very specific details and pictures about all of our murals.

We have several mural and Carr related merchandise for sale and that includes the mural book for which we will, sometimes during 2011, produce an insert that can be included in the mural book -the book is out of date and we have plenty of copies left so we figured we best do an insert that has all of the latest murals mentioned.

Grants: We received grants to run our student "living Mural Program", but recently we also got $ 1700 as part of a BIA and FOM tourism opportunity partnership grant.

Last year and again recently we had a face to face financial meetings with the municipality during which time we asked for help maintaining the murals, which after all belong to the municipality, this met with success (?) and we are now hoping to be receiving an annual budget to help maintain and refurbish our municipal murals.

We have been investigating a social enterprise - such as starting our own second hand or whatever store in order to fundraise, however that would need someone like you to volunteer and run this project if we wish to take this a step further.

In closing, I like to mention that we are working very closely with the Chemainus BC BIA in order to further assist and enhance the economy of the Village, we attended the Home Show in Vancouver this month and connected with nearly 50.000 people of which we personally connected with over 6.000 and handed out 1.000 two for one theatre tickets valid this year.

Will Isabel Askew walk the streets this summer to enhance our visitor's experience? Time will tell, but we like to see her and aim to support her best we can.

That is my report.

Lou Roelofsen

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Chemainus Festival of Murals Society Treasurer’s Report March 25, 2011 Annual General Meeting

. Review of Balance Sheet at December 31, 2010:

Cash of $35,951 includes a $6,200 reserve for printing of mural book. Merchandise inventory balance is $27,923.

. Review of Income Statement for Year 2010:

Major sources of revenue for 2010: $4,808 from Duncan Dabber Bingo Society; $10,000 Community Gaming Grant; $1,500 tourism opportunity grant from BIA; $6,107 Summer Jobs grant. Net sales of merchandise were $3,000 and membership dues of $1,090.

Most significant expenditures for 2010: $19,728 for EC#2 sculpture; $17,743 for B72 application; $10,823 summer student program; $1,772 heating oil costs; $1,012 for telephone.

Our net loss on the summer student program was $2,966 and our net profit for opening the “FOM store” for two months was $335.

. For the year 2011, we have applied for a Community Gaming Grant for $30,000 – will be advised in June on our success. $1,700 tourism opportunity grant received from BIA. Received $1,000 from Coastal Community Credit Union to help cover costs of the April 23 unveiling. District of NC has agreed to provide funds annually to assist with mural maintenance.

. Major financial commitment to date for 2011 – pay Carey Newman $10,000 for carving of Skidegate Eagle.

Doreen Zielke

March 24, 2010

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Chemainus Festival of Murals Society

02/20/11 Balance Sheet Accrual Basis As of December 31, 2010

Dec 31, 10

ASSETS Current Assets Chequing/Savings Coastal Community CU 6,407.91 Island Savings CU 29,542.67

Total Chequing/Savings 35,950.58

Accounts Receivable Accounts Receivable 115.07

Total Accounts Receivable 115.07

Other Current Assets Inventory Asset 27,923.17

Total Other Current Assets 27,923.17

Total Current Assets 63,988.82

Fixed Assets Art Works 31,680.00 Furniture and Equipment 4,323.11 Parade Float 1,270.50

Total Fixed Assets 37,273.61

TOTAL ASSETS 101,262.43

LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable 1,017.81

Total Accounts Payable 1,017.81

Other Current Liabilities Deferred Revenue 5,000.00 GST Payable (102.92) GST/HST Payable 816.84

Total Other Current Liabilities 5,713.92

Total Current Liabilities 6,731.73

Total Liabilities 6,731.73

Equity *Retained Earnings 11,530.88 Retained Earnings 116,707.84 Net Income (33,708.02)

Total Equity 94,530.70

TOTAL LIABILITIES & EQUITY 101,262.43

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Chemainus Festival of Murals Society

02/20/11 Profit & Loss Accrual Basis January through December 2010

Jan - Dec 10

Income Bingo - Duncan Dabber 4,807.50 Donations 851.30 Fundraising 160.00 Gaming 10,000.00 Grants 7,607.00 Interest 23.22 Licence Fees 0.00 Membership Dues 1,090.00 Merchandise Sales 7,636.38 Miscellaneous 97.49 Rental - Parade Float 225.00

Total Income 32,497.89

Cost of Goods Sold Mural Book 1,697.43 Other Festival 2,960.38

Total COGS 4,657.81

Gross Profit 27,840.08

Expense Advertising and Promotion 435.79 Community Projects 1,000.00 Depreciation 1,864.44 Dues & Subscriptions 132.84 Emily Carr #2 19,728.07 Emily Carr Murals 50.00 Heating Oil 1,772.17 Historical Murals 17,742.50 Hydro 156.19 Insurance 1,923.00 Inventory Adjustment 1,677.78 Loss on Asset Disposal 0.00 Membership 1,081.04 Mural Conference 500.00 Office Cleaning 173.20 Office Supplies 413.51 Photocopier 85.40 Postage & Delivery 120.55 Registration Fees 175.00 Rental 20.00 Summer Student Program 10,822.51 Telephone 1,012.35 Uncategorized Expenses 0.00 Website 655.50 Worker's Compensation 6.26

Total Expense 61,548.10

Net Income (33,708.02)

Festival of Murals Society Page 17 of 83 Page 18 of 83 ... Flood Management Funding Agreement

FLOOD MANAGEMENT PROGRAM PROJECT AGREEMENT

THIS AGREEMENT dated for reference March 10, 2011

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF , represented by the Ministry of Public Safety and Solicitor General

Emergency Management BC Flood Protection Program 2nd Floor - 525 Fort Street Victoria British Columbia V8W 1E8 (the "Province") AND:

District of North Cowichan PO Box 278 Duncan British Columbia V9L 3X4 (the "Recipient")

WHEREAS:

A. The Province has developed a Flood Protection Program ("FPP") to assist communities and diking authorities in addressing flood hazards within the Province;

B. The Province and the Government of Canada have partnered through the FPP and the Building Canada Plan and wishes to fund certain projects to alleviate flood hazards in the Province;

C. The parties to this Agreement agree as follows:

DEFINITIONS

1.01 In this Agreement and any Schedules attached hereto, the following definitions apply: (a) "Business Plan" means a document submitted by the Recipient as part of its FPP Project Application that sets out the timelines, phases, milestones, activities, deliverables and the costs associated with those timelines, phases, milestones and deliverables and attached to this Agreement as Appendix 1 to Schedule "A"; (b) "Contract Price" means the total amount of funds payable by the Province to the Recipient as set out in Schedule B; (c) "Diking Authority" means the "diking authority" as defined in the Dike Maintenance Act, [RSBC 1996] chapter 95; (d) "Eligible Costs" means the eligible costs as outlined in the Flood Protection Program Guidelines; (e) "Fiscal Year" means the period beginning April 1 of a year and ending March 31 of the following year;

Contract # SGEMBCTUA11156981007 Page 1 of 19 Version #1

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(f) "Incorporated Material" means any accounting records, findings, software, data, specifications, drawings, working papers, reports, surveys, spread sheets, evaluations, documents, databases and other material, (both printed and electronic, including, but not limited to, hard disk or diskettes), whether complete or not that is incorporated or embedded in the Produced material by the Recipient or a subcontractor; (g) "Material" includes Produced Material and Received Material; (h) "Produced Material" means any accounting records, findings, software, data, specifications, drawings, working papers, reports, surveys, spread sheets, evaluations, documents, databases and other material, (both printed and electronic, including, but not limited to, hard disk or diskettes), whether complete or not and produced, received or otherwise acquired by the Recipient or a subcontractor and includes any material in existence prior to the start of the Term or developed independently of this Agreement; (i) "Project" means the Project as more fully described in Schedule A, attached to this Agreement; (j) "Received Material" means any accounting records, findings, software, data, specifications, drawings, working papers, reports, surveys, spread sheets, evaluations, documents, databases and other material, (both printed and electronic, including, but not limited to, hard disk or diskettes), whether complete or not and received by the Recipient or a subcontractor from the Province or any other person as a result of this Agreement; and (k) "Substantial Completion" means the Project or a substantial part thereof is ready for use or is being used for the purposes intended.

APPOINTMENT and TERM

2.01 The Recipient must manage and implement the Project described in Schedule A in accordance with this Agreement. The Recipient must manage and implement the Project during the Term regardless of the date of execution and delivery of this Agreement.

2.02 Notwithstanding the date of execution and delivery of this Agreement, the Term of this Agreement, commences on September 22, 2010 and ends on March 16, 2012, unless terminated earlier in accordance with the terms of this Agreement.

PAYMENT OF CONTRACT PRICE

3.01 Subject to the provisions of this Agreement, the Province will pay the Recipient, on account of Eligible Costs, and in the amount and manner, and at the times set out in Schedule "B" attached to this Agreement.

3.02 Notwithstanding any other provision of this Agreement the payment of the Contract Price by the Province to the Recipient pursuant to this Agreement is subject to: (a) there being sufficient monies available in an appropriation, as defined in the Financial Administration Act ("FAA"), to enable the Province, in any Fiscal Year when any payment of money by the Province to the Recipient falls due pursuant to this Agreement, to make that payment; and

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(b) Treasury Board, as defined in the FAA, not having controlled or limited, pursuant to the FAA, expenditure under any appropriation referred to in subparagraph (a) of this paragraph.

3.03 The Recipient must: (a) apply for any Refund or remission of federal or provincial tax or duty available with respect to any items that the Province has paid for or agreed to pay for under this Agreement; and (b) on receipt of the Refund, comply with the requirement concerning the use, application or remittance of the Refund set out in Schedule B to this Agreement.

REPRESENTATIONS AND WARRANTIES

4.01 The Recipient represents and warrants to the Province with the intent that the Province will rely thereon in entering into this Agreement that:

(a) all information, statements, documents and reports furnished or submitted by it to the Province in connection with this Agreement are true and correct; (b) it has no knowledge of any fact that materially adversely affects, or so far as it can foresee, might materially adversely affect, its properties, assets, condition (financial or otherwise), business or operations or its ability to fulfill its obligations under this Agreement; (c) all contracts for the supply of services or materials relating to the Project will be awarded and managed in accordance with the Recipient's relevant policies and procedures, and in a way that is transparent, competitive, and consistent with value for money principles. (d) if the Project involves the construction of hazard mitigation works, that (i) the works must be designed and constructed under the supervision of a suitably qualified Professional Engineer licensed in the Province of British Columbia; and (e) it is not in breach of, or in default under, any law, statute or regulation of Canada or of the Province of British Columbia applicable to or binding on it or its operations.

4.02 All statements contained in any certificate, application, proposal or other document delivered by or on behalf of the Recipient to the Province under this Agreement or in connection with any of the transactions contemplated hereby will be deemed to be representations and warranties by the Recipient under this Agreement.

4.03 All representations, warranties, agreements and all other documents delivered by or on behalf of the Recipient to the Province are material and will have been relied upon by the Province and will continue in full force and effect during the continuation of this Agreement.

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A *

RELATIONSHIP

5.01 No partnership, joint venture, agency or other legal entity will be created by or will be deemed to be created by this Agreement or any actions of the parties pursuant to this Agreement.

5.02 The Recipient is independent and not the servant, employee or agent of the Province.

5.03 The Recipient will not in any manner whatsoever commit or purport to commit the Province to the payment of money to any person, firm or corporation.

5.04 The Province may, from time to time, give instructions to the Recipient in relation to the carrying out the Project, and the Recipient will comply with those instructions but will not be subject to the control of the Province regarding the manner in which those instructions are carried out except as specified in this Agreement.

RECIPIENT'S OBLIGATIONS

6.01 The Recipient will: (a) manage and implement the Project to a commercially reasonable standard of care, skill and diligence, including: (i) if the Project is regulated by the Dike Maintenance Act, being or becoming, the Diking Authority, or being in possession of written permission from the Diking Authority to manage, execute and implement the Project; (ii) obtaining all necessary regulatory approvals, including any permits, rights of way or easements required to complete the Project; (b) carry out and complete the Project in accordance with the terms of this Agreement during the Term; (c) comply with all applicable laws; (d) retain only persons qualified and properly trained, instructed and holding current professional certifications as necessary to manage and implement the Project; (e) without limiting the provisions of subparagraph (c) of paragraph 6.01, carry out criminal record checks as required by the Criminal Records Review Act, in accordance with Schedule MC" to this Agreement; (f) unless otherwise agreed to by the parties, supply, at its own cost, all labour, materials, facilities and approvals necessary or advisable to carrying out the Project; (g) subject to obtaining the prior written approval of the Province concerning form, content and location, the Recipient may post signs acknowledging the Province's participation, and where applicable, the federal participation, in the Project; and (f) if requested, return to the Province any funds advanced in accordance with paragraph 2 of Schedule B if the actual Eligible Costs incurred for the Project at the time of Substantial Completion are less than the total payment made in accordance with paragraph 2 of Schedule B.

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RECORDS

7.01 The Recipient will:

(a) establish and maintain accounting and administrative records in form and content satisfactory to the Province; (b) establish and maintain books of account, invoices, receipts and vouchers for all expenses incurred in form and content satisfactory to the Province; and (c) permit the Province, for contract monitoring and audit purposes, at all reasonable times, upon reasonable notice, to enter any premises used by the Recipient to manage and implement the Project or keep any documents or records pertaining to the Project, in order for the Province to inspect, audit, examine, review and copy any Material pertaining to the Project.

7.02 The Parties agree that the Province does not have control, for the purpose of the Freedom of Information and Protection of Privacy Act, of the records held by the Recipient.

CONFLICT OF INTEREST

8.01 The Recipient will not, during the Term of this Agreement, perform a service for or provide advice to any person, or entity where the performance of such service or the provision of the advice may, in the reasonable opinion of the Province, give rise to a conflict of interest between the obligations of the Recipient to the Province under this Agreement and the obligations of the Recipient to such other person, or entity.

CONFIDENTIALITY

9.01 The Recipient must treat as confidential all information in the Material and must not, without the prior written consent of the Province, except as required by applicable law, permit its disclosure except to the extent that such disclosure is necessary to enable the Recipient to fulfill its obligations under this Agreement.

9.02 The Recipient must comply with the provisions contained in the attached Privacy Protection Schedule E.

DEFAULT

10.01 Any of the following events will constitute an Event of Default, namely:

(a) the Recipient fails to comply with any provision of this Agreement; (b) any representation or warranty made by the Recipient in entering and accepting this Agreement is untrue or incorrect; (c) any information, statement, certificate, report or other document furnished or submitted by or on behalf of the Recipient pursuant to or as a result of this Agreement is untrue or incorrect; (d) the Recipient ceases, in the opinion of the Province, to operate; (e) a change occurs with respect to any one or more, of the properties, assets, condition (financial or otherwise), business or operations of the Recipient which,

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In the opinion of the Province, materially adversely affects the ability of the Recipient to fulfill its obligations under this Agreement; (f) an order is made or a resolution is passed or a petition is filed for the liquidation or winding up of the Recipient; (g) the Recipient becomes insolvent or commits an act of bankruptcy or makes an assignment for the benefit of its creditors or otherwise acknowledges its insolvency; (h) a bankruptcy petition is filed or presented against, or a proposal under the Bankruptcy and Insolvency Act (Canada) is made by the Recipient; (i) a receiver or receiver-manager of any property of the Recipient is appointed; or (j) the Recipient permits any sum which is not disputed to be due by it to remain unpaid after legal proceedings have been commenced to enforce payment thereof.

TERMINATION

11.01 Upon the occurrence of any Event of Default and at any time thereafter the Province may, notwithstanding any other provision of this Agreement, at its option, elect to do any one or more of the following:

(a) terminate this Agreement, in which case the payment of the amount required under paragraph 11.03 of this Agreement will discharge the Province of all liability to the Recipient under this Agreement; (b) require the Event of Default be remedied within a time period specified by the Province; (c) suspend any instalment of the Contract Price or any amount that is due to the Recipient while the Event of Default continues; (d) waive the Event of Default; (e) pursue any other remedy available at law or in equity; and (f) seek to recover any funds advanced in accordance with paragraph 2 of Schedule B if the actual Eligible Costs incurred for the Project at the time of termination are less than the total payment made in accordance with paragraph 2 of Schedule B.

11.02 The Province may also, at its option, either:

(a) terminate this Agreement on at least 20 days written notice; or (b) terminate this Agreement immediately if the Province determines that the Recipient's failure to comply with any term of this Agreement places the health or safety of any person receiving the Services at immediate risk, and in either case, the payment of the amount required under paragraph 11.03 of this Agreement will discharge the Province of all liability to the Recipient under this Agreement.

11.03 Where this Agreement is terminated before 100% completion of the Project, the Province will pay to the Recipient that portion of the Contract Price which is equal to the portion of the Project completed to the satisfaction of the Province prior to termination.

11.04 Where this Agreement is terminated before 100% completion of the Project, the Recipient will, if requested, repay to the Province any funds advanced in accordance Contract # SGEMBCTUA11156981007 Page 6 of 19 Version #1

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with paragraph 2 of Schedule B if the actual Eligible Costs incurred for the Project at the time of termination are less than the total payment made in accordance with paragraph 2 of Schedule B.

DISPUTE RESOLUTION

12.01 All disputes arising out of or in connection with this Agreement will be referred to and finally resolved by arbitration pursuant to the Commercial Arbitration Act

INSURANCE AND INDEMNITY

13.01 During the Term of this Agreement, the Recipient will provide, maintain and pay for insurance as specified in Schedule D, which may be amended from time to time at the sole discretion of the Province.

13.02 Without limiting the provisions of subparagraph (c) of paragraph 6.01, the Recipient will comply with the Workers' Compensation Legislation for the Province of British Columbia.

13.03 The Recipient will indemnify and save harmless the Province, its employees and agents, from and against any and all losses, claims, damages, actions, causes of action, costs and expenses that the Province may sustain, incur, suffer or be put to at any time either before or after the expiration or termination of this Agreement, where the same or any of them are based upon, arise out of or occur, directly or indirectly, by reason of any act or omission of the Recipient, or of any agent, employee, officer, director or sub-Recipient of the Recipient pursuant to this Agreement, excepting always liability arising out of the independent negligent acts of the Province.

ASSIGNMENT AND SUB-CONTRACTING

14.01 The Recipient will not, without the prior, written consent of the Province: (a) assign, either directly or indirectly, this Agreement or any right of the Recipient under this Agreement; or (b) sub-contract any obligation of the Recipient under this Agreement.

14.02 No sub-contract entered into by the Recipient will relieve the Recipient from any of its obligations under this Agreement or impose upon the Province any obligation or liability arising from any such sub-contract.

14.03 This Agreement will be binding upon the Province and its assigns and the Recipient, the Recipient's successors and permitted assigns.

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OWNERSHIP OF PHYSICAL and INTELLECTUAL PROPERTY

15.01 Any equipment, machinery or other physical property, provided by the Province to the Recipient as a result of this Agreement will:

(a) be the exclusive property of the Province; and (b) forthwith be delivered by the Recipient to the Province on written notice to the Recipient requesting delivery of the same, whether such a notice is given before, upon, or after the expiration or sooner termination of this Agreement.

15.02 The Province exclusively owns all intellectual property rights, including copyright, in the Received Material that you receive from us.

15.03 The Recipient grants to the Province a non-exclusive, perpetual, irrevocable, royalty- free world wide license to use, reproduce, modify and distribute the Produced Material.

15.04 Upon any Incorporated Material being embedded or incorporated in the Produced Material the Recipient grants to the Province a non-exclusive, perpetual, irrevocable, royalty-free world wide license to use, reproduce, modify and distribute that Incorporated Material to the extent it remains embedded or incorporated in the Produced Material.

OTHER FUNDING

16.01 If the Recipient receives funding for or in respect of the Project from any person, firm, corporation or other government or governmental body, then the Recipient will immediately provide the Province with full and complete details thereof.

NOTICES

17.01 Any written communication from the Recipient to the Province must be mailed, personally delivered, faxed, or electronically transmitted to the following address:

Dwayne Meredith Flood Protection Fund 2nd Floor - 525 Fort Street Victoria British Columbia V8W1E8 Fax: (250) 953-4081 Email: [email protected]

17.02 Any written communication from the Province to the Recipient must be mailed, personally delivered, faxed or electronically transmitted to the following address:

Clay Reitsma District of North Cowichan PO Box 278 Duncan British Columbia V9L 3X4 Contract # SGEMBCTUA11156981007 Page 8 of 19 Version #1

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Fax:(250)746-3154 Email: [email protected]

17.03 Any written communication from either party will be deemed to have been received by the other party on the fifth business day after mailing in British Columbia; on the date of personal delivery if personally delivered; or on the date of transmission if faxed or electronically transmitted.

17.04 Either party may, from time to time, notify the other party in writing of a change of address and, following the receipt of such notice, the new address will, for the purposes of paragraph 18.01 or 18.02 of this Agreement, be deemed to be the mailing address of the party giving notice.

NON-WAIVER

18.01 No term or condition of this Agreement and no breach by the Recipient of any such term or condition will be deemed to have been waived unless such waiver is in writing signed by the Province and the Recipient.

18.02 The written waiver by the Province or any breach by the Recipient of any term or condition of this Agreement will not be deemed to be a waiver of any other provision of any subsequent breach of the same or any other provision of this Agreement.

ENTIRE AGREEMENT

19.01 This Agreement including the Schedules and any Appendices constitutes the entire Agreement between the parties with respect to the subject matter of this Agreement.

SURVIVAL OF PROVISIONS

20.01 All of the provisions of this Agreement in favour of the Province including, without limitation, paragraphs 3.02, 3.03, 5.03, 7.01, 7.02, 8.02, 10.01, 12.03, 14.03, 16.01, 18.01 to 18.04 and all of the rights and remedies of the Province, either at law or in equity, will survive any expiration or sooner termination of this Agreement.

Ownership of Works

21.01 The Recipient will retain title to, and ownership of any constructed infrastructure resulting from the Project for at least ten years after Project completion.

21.02 In the event that, at any time within ten (10) years from Project completion, the Recipient sells, leases, encumbers or otherwise disposes of, directly or indirectly, any asset constructed, rehabilitated or improved, in whole or in part, with funds contributed by Canada or the Province under this Agreement, other than to Canada, the Province, a local government, or a Crown corporation of British Columbia that is the latter's agent for the purpose of implementing this Agreement, the Recipient hereby undertakes to repay the Province and Canada, on demand, a proportionate amount of the funds contributed by the Province and Canada, as follows:

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Where Project asset is sold, Repayment of contribution leased, encumbered or disposed (in current dollars): of:

Within 2 years after 100% Project completion

Between 2 and 5 years after 55% Project completion

Between 5 and 10 years after 10% Project completion

10 years after 0% Project completion

At any time during the ten (10) years following the Project completion, each party agrees to notify the other party in writing as soon as practicable, of any transaction triggering the above-mentioned repayment of which the party becomes aware.

MISCELLANEOUS

22.01 This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia.

22.02 The Schedules and Appendices to this Agreement are an integral part of this Agreement as if set out at length in the body of this Agreement.

22.03 No amendment or modification to this Agreement will be effective unless it is in writing and duly executed by the parties.

22.04 Time is of the essence of this Agreement.

22.05 If any provision of this Agreement or the application to any person or circumstance is invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to any other person or circumstance will not be affected or impaired thereby and will be enforceable to the extent permitted by law.

22.06 Nothing in this Agreement operates as a consent, permit, approval or authorization by the Province to or for anything related to the Project that by statute, the Recipient is required to obtain unless it is expressly stated herein to be such a consent, permit, approval or authorization.

22.07 Where the Recipient is a corporation, the Recipient warrants that the signatory has been duly authorized by the Recipient to execute this Agreement without corporate seal on behalf of the Recipient.

22.08 This Agreement may be executed by the parties in separate counterparts each of which when so executed and delivered shall be an original, and all such counterparts

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may be delivered by facsimile transmission and such transmission shall be considered an original.

22.09 For the purpose of paragraphs 22.10 and 22.11, an "Event of Force Majeure" includes, but is not limited to, acts of God, changes in the laws of Canada, governmental restrictions or control on imports, exports or foreign exchange, wars (declared or undeclared), fires, floods, storms, strikes (including illegal work stoppages or slowdowns), lockouts, labour shortages, freight embargoes and power failures or other cause beyond the reasonable control of a Party, provided always that lack of money, financing or credit will not be and will not be deemed to be an "Event of Force Majeure".

22.10 Neither party will be liable to the other for any delay, interruption or failure in the performance of their respective obligations if caused by an Event of Force Majeure, in which case the time period for the performance or completion of any such obligation will be automatically extended for the duration of the Event of Force Majeure.

22.11 If an Event of Force Majeure occurs or is likely to occur, then the party directly affected will notify the other Party forthwith, and will use its reasonable efforts to remove, curtail or contain the cause of the delay, interruption or failure and to resume with the least possible delay compliance with its obligations under this Agreement.

The parties hereto have executed this Agreement the day and year as set out below.

SIGNED AND DELIVERED SIGNED AND DELIVERED on the Vjiday of IWe-rcU 20j on the ^5day of Marc.A 20// on behalf of the Province by its duly by or on behalf of the Recipient (or by its authorized representative authorized signatory or signatories if the Recipient is a corporation) $■ Signature Signature(s) (Authorized Representative of the Provir\ce) (Recipient or Authorized Representative of the Recipient)

onpr Mark Oliver Ku+hn Print Name Print Name (s) Off,icer

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Schedule A - PROJECT

PROJECT (DELIVERABLES)

1. Project

1.01 The Project will be referred to as: Joint Utility Board Wastewater Treatment Plant Flood Protection Upgrades Project

The general description of the Project is:

The Project will upgrade/construct approximately 1300 metres of dike, install bank armouring, and install two new pump stations (one in the City of Duncan and one in North Cowichan); as outlined in Appendix 1 to Schedule A, or any approved amendments.

1.02 The Recipient agrees to: (a) carry out the Project in a diligent and professional manner; (b) commence carrying out the Project within 6 months of the date of execution of this Agreement by both parties; and (c) adhere to the conditions of the federal environment assessment "Mitigation Requirements And Proponent's Commitment" document as outlined in Appendix 2 to Schedule A.

2. Reporting Requirements

2.01 The Recipient is required to provide notice to the Section 17.01 Program Contact, or designate, at the commencement of construction.

2.02 The Recipient is required to provide regular status updates on the Project; at a minimum reports must be submitted every 30 days in an email or letter format.

2.03 Each update must demonstrate progression against the Project, or any approved amendments. The update must include: • tasks underway or completed; • any issues that may impact your ability to complete the project on time and on budget; • anticipated next steps; • summarized financial expenditures; and • also to be included are copies of any regulatory approvals that were obtained as part of the project.

2.04 The Recipient must not make any public announcement with respect to the Project or a Project milestone specified in this Agreement without first consulting and receiving consent from EMBC at least 15 working days prior to the planned announcement

2.05 Signage related to the Project must adhere to the BC Provincial Standards and the Federal Identity Program

Contract # SGEMBCTUA11166981007 Page 12 of 19 Verelon #1 Full version available in Clerk's Department

Flood Management Funding Agreement Page 30 of 83 Foot Race - Mount Tzouhalem

MUNICIPALITY of A/O/T/7 Report COWICHAN

Date April 12,2011 File: 8920-90 GUT

To Mayor and Council

From Darrell J. Frank, Municipal Forester Endorsed by

Subject Proposed Running Race on Mount Tzouhalem

Purpose

The Municipality has been requested by the Langford Running Company Ltd. to hold the Eleventh Annual Gut Buster Trail Run on Mount Tzouhalem. The Gut Buster Trail Running Series is proposed for May 7, 2011, and will start and finish at Providence Farm. The trail run will feature a five kilometre loop and an eleven kilometre course.

Recommendation

That Council allow the 11Ih Annual Gut Buster Trail Run to be he held in the Municipal Forest Reserve, Mount Tzouhalem block, subject to the following:

1. Notifying the RCMP, Maple Bay and Crofton Fire Halls, and BC Ambulance.

2. Posting signs of the race dates and times at public access points two weeks prior to the event.

3. Having appropriate emergency plans and trained personnel to deal with medical and forest fire emergencies.

4. Giving North Cowichan recognition for its contribution to participants.

5. Being aware that vehicle access to the Mount Tzouhalem Forest Reserve is limited.

Darrell Frank, RPF Municipal Forester

C:\Forest\Sec\Datrell Frank\cljfaprl 2_ 1 \ rrp_Cut Buster Trail Run.doc

7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca

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'90 # 123-755 Goldstream Ave Langford, B.C. V9B 2X4 p.250.391.7373 trail running series f.250.391.7374

prtecrral ay

February 22, 2011

Darrell Frank Municipal Forester District of North Cowichan 7030 Trans Canada Hwy. Duncan, BC V9L 3X4

Dear Darrell

RE: Municipal Land Access Request for the GutBuster Trail Run

Once again, the Langford Running Company Ltd. is planning the 11th Annual GutBuster Trail Run on Mount Tzouhalem and I anvwriting to request permission from the District of North Cowichan to use the trails.

The GutBuster will start and finish at Providence Farm and will feature both a 5km and an 11km course. The race is scheduled for Saturday, May 7th, 2011. Approximately, 200-250 runners will be on the trails between 10am -12pm.

Two weeks before the event date I will post signage at Mount Tzouhalem trailheads and major trails with the event date, race information, and course maps to bring the event to the attention of the regular trail users.

All racers will be required to sign a waiver form that will absolve the District of North Cowichan from liability. In addition, we will have Commercial General Liability Insurance in the amount of $5,000,000 with the District of North Cowichan named on the policy.

I would also like to propose a 2 year term on this land access agreement if you find it acceptable. We have worked successfully together for 10 years now hosting a great event at Mount Tzouhalem and it would create less administration for both of us if we could agree on a 2 year term for the land access agreement.

Langford Running Company Ltd. truly appreciates your support over the past eight seasons. We look forward to your continued support in bringing the GutBuster to the Cowichan Valley!

Sincerely,

Mark Nelson GutBuster Trail Running Series www.gutbustertrailrun.com

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# 123-755 Goldstream Ave

p.250.391.7373 trail running series f.250.391.7374

prnctvxiot

February 22, 2011

Darrell Frank Municipal Forester District of North Cowichan 7030 Trans Canada Hwy. Duncan, BC V9L 3X4

RE: Emergency Procedure for GutBuster Trail Run

Safety of the participants is the number one concern at all events that Langford Running Company hosts. I am writing this letter to inform you of the measures we have in place to ensure that a safe and successful event will take place at Mt Tzouhalem.

The GutBuster will start and finish at Providence Farm and will feature both a 6km and 12km course. The course will be marked with pink and blue flagging which will be removed shortly after the last runner.

All racers will be required to sign a waiver form that will absolve the District of North Cowichan from liability. In addition, we will have Commercial General Liability Insurance in the amount of $5,000,000 with District of North Cowichan named on the policy.

We have Emergency First Aid Services (EFAS) attending the event as well as 20 members of the CeeVacs Road Runners providing course marshalling and the Cowichan Valley Amateur Radio Society (CVARS) providing communication along the course. EFAS will be located at the start/finish. A communication list is supplied to each volunteer who can then get in touch with EFAS in the event of an injury on the course. We also have a sweep runner in place who ensures that no participants are left on the course.

We will notify the local RCMP and Fire Department of our event and will also post signage including contact information at the trail heads at Providence Farm and Kaspa Rd informing the regular trail users of the event.

We have successfully staged 15 GutBuster Trail Runs on Vancouver Island without any major incidents and believe our safety plan will help ensure another safe season in 2011.

Sincerely,

Mark Nelson GutBuster Trail Running Series www.gutbustertrailrun.com

Foot Race - Mount Tzouhalem Page 33 of 83 Foot Race Foot Race - - MountTzouhalem Mount Tzouhalem Page 34 of 83

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. VIEW!!! Page 36 of 83 Logging Contract

MUNICIPALITY of NOfttl Report COWICHAN

Date April 13, 2011 File: 8850-01

To Mayor & Council

From Darrell J. Frank, Municipal Forester Endorsed by

Subject Logging Contract - Millstone Contracting Ltd. - Block T-101

Purpose

The Forestry Department would request that the following contract be included in the April 20, 2011, Council meeting for a resolution to enter into an agreement with Millstone Contracting Ltd.

Background

The site is located on Mount Tzouhalem, and is approximately 5.0 hectares in size, comprised of second growth conifer and hardwoods. Access is via Mount Tzouhalem Mainline and Kaspa Road. The area will be logged using a hoe-forwarding method.

Recommendation

"that Council authorize the Mayor and Corporate Officer to sign an agreement with Millstone Contracting Ltd. to harvest an estimated 1,500 cubic metres of conifer and hardwood logs from Block T-101, located on Mount Tzouhalem, at weighted average cost of $28.80/m3, effective April 21, 2011, to December 31, 2011."

Darrell Frank, RPF Municipal Forester

7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca

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MUNICIPALITY of /VO/T#? Report cowichan

Date April 15,2011 File: 0550-20 CCA

To Mayor and Council From Mary Beth MacKenzie, Deputy Municipal Clerk Endorsed by <3—

Subject Climate Change Advisory Committee - Updated Terms of Reference

Purpose

The purpose of this report is to recommend that Council approve the attached Terms of Reference for the Climate Change Advisory Committee (CCAC).

Background

In 2010, Council changed the name of the Environmental Advisory Committee to the Climate Change Advisory Committee, however, the Terms of Reference were not updated to reflect this change.

Discussion

Councillor Seymour (Chair of the Climate Change Advisory Committee), Clay Reitsma (staff liaison to the CCAC) and I recently met to review applications to fill current vacancies on the CCAC. At that meeting, we discussed the need to update the former Environmental Advisory Committee's Terms of Reference for the Climate Change Advisory Committee. The changes are noted on the attached document, and include the following significant changes:

1. Add the objective "to fulfill the objectives of the Province of BC's Climate Action Charter."

2. Increase the number of community members from 5 to 7. The number of community members for the CCAC was 7 up until last year, however, after a period during which the Municipality received no applications to sit on this Committee, Council reduced the number to 5 community members.

3. Delete the following: "Committee members may be eligible for re-appointment following a lapse of one

This change will allow members to be re-appointed for an additional term, if necessary, and provide continuity and leadership for priority projects, e.g., the Climate Change Action Plan.

Recommendation

That Council approve the Terms of Reference for the Climate Change Advisory Committee, attached to the Deputy Clerk's April 15, 2011 report.

mbmaprl 5.2011 .CCAC Terms of References

7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca <^

Climate Change Advisory Committee Page 39 of 83 ... Climate Change Advisory Committee

MUNICIPALITY of Terms of Reference COWICHAN

Environmental Climate Change Advisory Committee

Goal

To provide the North Cowichan Municipal Council with advice on climate change and environmental issues.

Objective

To assist the Municipality of North Cowichan to fulfill: 1. the objectives of the Province of BC's Climate Action Charter, to which the Municipality is a signatory, and 2. the purposes of a municipality set out in section 2 of the Local Government Act and section 6 of the Community Charter by: (a) providing for stewardship of the public [ecological] assets of its community, and (b) fostering the environmental well-being of its community.

Mandate

As an advisory body to Council, the Environmental Climate Change Advisory Committee will set its own agenda, as well as, undertake assignments at the request of Council.

Purpose

The primary purposes of the Environmental Advisory Committee are to: • to advise the Municipal Council and Municipal Departments on climate change and environmental issues, • to review and provide input on any plans, documents, or proposals (such as the Official Community Plan) from an environmental perspective, that have been referred by the Municipal Council, • to promote public awareness of climate change and the environment through communication and educational opportunities, and • to serve the community, through Council, to resolve any potential environmental issues or problems that may have an impact on the community.

Composition

Community Members:

The Committee will be composed of §7 North Cowichan citizens appointed by Council. All members are regarded as private citizens and do not represent any particular organization in their capacity as members of the committee. Appointments are for a term of two years. Members may be re-appointed for an additional consecutive 2-year term. Committee momborc may be eligible for re appointment following a lapso of one year. For continuity and consistency in the Committee, approximately one-half of the Committee will be appointed annually. In order to implement a length of term, terminating in November 2003, Council will appoint three members for a 1-year term, and three members for a 2-year term. All of those members will be eligible to be re-appointed to one more 2-year term. The Committee must be a diverse group, with members drawn from various backgrounds, including community interest, academic or technical qualifications, and experience.

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North Cowichan Representation:

The North Cowichan Municipal Council must appoint one Council member to serve as a member of the Committee. The length of the term of the Council member on the Committee will be determined by the Municipal Council. The member of Council appointed to the Committee will serve as its Chair. A North Cowichan staff liaison is a non-voting member of the Committee.

Climate Change Advisory Committee Page 41 of 83 Page 42 of 83 Proclamation Request - Vision Health Month...

cnib vision health, vision hope. April 1,2011

Mayor Tom Walker Box 278 Duncan, BC V9L 3X4

Shades of Fun: How to Celebrate Vision Health Month in North Cowichan

Dear Mayor Walker:

CNIB is pleased to inform that the month of May is Vision Health Month in our great nation. Fun and informative activities will be taking place across Canada, encouraging citizens to protect their eyes and have regular exams to prevent eye disease.

As part of our month long activities we have designated Thursday, May 26th as "Shades of Fun" day. Cities, organizations and individuals will be raising awareness and funds for CNIB in a unique and engaging way that involves wearing sunglasses to work. Collectively wearing sunglasses on this day demonstrates a commitment to eye health, as excessive exposure to sunlight is a contributor to the development of major eye conditions such as cataracts and age-related macular degeneration.

It's easy for your city to support Vision Health Month. Some ideas are:

- Proclaim May as Vision Health Month, and Thursday, May 26th as

Shades of Fun Day in North Cowichan

- encourage civic staff to wear sunglasses to work and consider a

donation to CNIB

- host a fundraiser such as a dinner, barbecue or picnic

- collaborate with CNIB to leverage media opportunities RECEIVED

t\?d 0 1 2011 ...12 Dl! ■ ■ s ■ Gl NOR HL ' ■"•> 100-5055 Joyce Street Vancouver BC V5R 6B2 • cnib.ca

T 604-431-2121 • 1-800-563-2642 * F 604-431-2099

Proclamation Request - Vision Health Month Page 43 of 83 Proclamation Request - Vision Health Month...

Page Two

CNIB has been a vital charity in Canada for over 90 years, providing blind and partially sighted Canadians the confidence, skills and opportunities to reach their goals. Our aging population is turning to CNIB at a record pace - over one million people contact CNIB each year - and we really need your support.

I hope you will celebrate Vision Health Month and show shades of fun!

Sincerely,

John Mulka, Executive Director, CNIB B.C.-Yukon

Attachment: Suggested wording for proclamation

Proclamation Request - Vision Health Month Page 44 of 83 Proclamation Request - Vision Health Month...

SUGGESTED WORDING FOR PROCLAMATION:

Whereas - CNIB is celebrating Vision Health Month in May 2011 to raise awareness about the importance of safeguarding vision health;

And Whereas - More than 836,000 Canadians are living with significant vision loss, including 110,000 British Columbians;

And Whereas - An additional 4.25 million Canadians have some form of age related macular degeneration, diabetic retinopathy, glaucoma or cataracts - and if left untreated, most of these people will be at risk of significant vision loss;

And Whereas - Regular eye exams are the best form of early detection and prevention - improving the chances of detecting any of the four major eye conditions early enough to help control and treat the disease;

And Whereas - Wearing sunglasses protects our eyes from harmful UVA and UVB rays;

And Whereas - CNIB has declared May 26th Shades of Fun Day and ask citizens of... to wear their sunglasses and consider a donation of support to CNIB;

And Whereas - CNIB passionately provides community-based support, knowledge and a national voice to ensure Canadians who are blind or partially sighted have the confidence, skills and opportunities to fully participate in life:

Now therefore, I... Mayor of the City of... DO HEREBY PROCLAIM the month of May 2011 as Vision Health Month

And Thursday May 26th, 2011 as Shades of Fun Day

Proclamation Request - Vision Health Month Page 45 of 83 Page 46 of 83 ... Proclamation Request - Day of Mourning

President fl'^P'H Secretary

Ellen Oxman \q?*2>*>/ Debbie Fraess

Nanaimo, Duncan & District Labour Council P.O. Box 822, Nanaimo, BC V9R 5N2 Telephone 250-760-0547 Fax 250-760-0548 Email [email protected]

Municipality of North Cowichan P.O. Box 278 Duncan, B.C. V9L 3X4

April 2, 2011

Dear Mayor Walker and Council

The Nanaimo, Duncan & District Labour Council represents 65 affiliated local unions with a combined membership of 14,000 men and women trade unionists in the central Vancouver Island area, from Cobble Hill to , and the north of Saltspring.

We are writing to request that your council proclaim April 28, 2011 the National Day of Mourning for Workers Killed and Injured on the Job. We have also requested that you fly flag(s) at half-mast on Thursday, April 28 in remembrance of all those workers who have lost their lives and their health due to workplace injuries.

The Day of Mourning has now grown into a worldwide event observed by unions, central labour bodies, labour councils, municipalities and national governments. The Day of Mourning is observed in nearly a hundred countries worldwide; it has been formally endorsed by the International Confederation of Free Trade Unions (ICFTU). The Parliament of Canada officially recognized the Day of Mourning in 1991.

In Canada, in 2008, 1038 workers lost their lives on the job. In British Columbia, 160 workers lost their lives in 2008 because of their jobs. In 2007, the number had climbed to 140. That means we've had a 114% increase in fatalities in 2008 as compared to 2007. That's a 28 % increase in workplace deaths over the past decade - another three workers DEAD every other year.

The Nanaimo, Duncan & District Labour Council will join the United Steelworkers for a ceremony on Thursday, April 28 at 1000 AM at the Lake Cowichan Woodworkers Memorial Site near the Kaatza Museum. Guest Speakers will include Jessica Vliegenthart - Paralympic speaker, Ellen Oxman, President of the NDDLC, and Mohinder Bhatti - An Investigating Officer for WorkSafeBC (Mohinder works on Fatal and Serious Injury investigations with a background in Forestry).We invite you to attend the ceremony and participate.

We thank you for your continuing support of our campaign to reduce and eliminate workplace deaths and injuries. If you would like to acquire a Day of Mourning Flag to display, please contact our office.

Ellen Oxman, President Ai ■ 0 ■ ■

CEP525G 2011/correspondence/

Proclamation Request - Day of Mourning Page 47 of 83 Page 48 of 83 Minutes - Apr 4 & 11

MUNICIPALITY of North COWICHAN Minutes

Meeting Administration and Finance Committee

Date Monday, April 4, 2011

Time 2:00 p.m.

Place Municipal Hall, Large Committee Room

Members Present Mayor T. Walker, Chair; Councillors D. Haywood and G. Seymour (comprising a quorum)

Also Present D. Devana, Chief Administrative Officer; M. Frame, Director of Finance; and E. Mansueti, Director of Parks and Recreation

Agenda The Committee approved the agenda, as amended.

Minutes The Committee adopted its March 7, 2011 minutes.

Business:

Queen Margaret’s Recommended Resolution: that Council donate an E.J. Hughes framed School – Donation poster to Queen Margaret’s School for its May 7, 2011 Gala Fundraiser.

Emergency The Mayor discussed the need for a bulletin to be included with the tax notices Preparedness which provides information on personal emergency preparedness.

Recommendation: the Committee directed staff to follow up on the Mayor’s request.

Municipal Policing The Committee reviewed the February 25, 2011 letter from the RCMP Expenditure Cap requesting a letter of confirmation of the municipal policing expenditure cap for 2011/12 2011 and 2012. The Committee noted that this was set at 30 members during budget deliberations.

Recommended Resolution: that Council confirm to the RCMP that North Cowichan’s municipal policing expenditure cap for 2011 and 2012 will be $4,519,530, North Cowichan is responsible for 90%, and the total detachment strength is 30 members.

TimberWest – The Committee reviewed the March 29, 2011 letter and attachments from Class 7 Tax Rates TimberWest regarding municipal taxation of Managed Forest Land.

Recommendation: the Committee asked staff to review the information on class 7 tax rates and bring it back to the Committee when 2011 tax rates are discussed.

Cowichan The Director of Finance summarized the March 28, 2011 letter from the Neighbourhood - Cowichan Neighbourhood House Association offering $5,586.73 raised by Skateboard Park local youth for a Chemainus Skateboard Park and designate it solely for a skateboard park in Chemainus.

Page 1 of 2

Minutes - Apr 4 & 11 Page 49 of 83 Minutes - Apr 4 & 11

April 4, 2011 Administration and Finance Committee Minutes

Recommended Resolution: that Council designate all funds received from the Cowichan Neighbourhood House Skateboard Trust Account into the Appropriated Surplus fund to construct a skateboard park in Chemainus.

Emily Carr The Committee reviewed the April 4, 2011 report from the Director of Parks Landscaping – and Recreation regarding a proposed landscape plan submitted by the Waterwheel Park Chemainus Festival of Murals Society. He noted this work is not budgeted for 2011 and the operating budget cannot absorb the cost.

Recommendation: that the Committee advise the Chemainus Festival of Murals Society that Council will consider its request for landscaping at the Emily Carr Structure during its 2012 budget discussions.

Adjournment The meeting ended at 2:50 p.m.

Next Meeting The next meeting will be held on April 11, 2011.

Certified correct

Recording Secretary Committee Chair

Page 2 of 2

Minutes - Apr 4 & 11 Page 50 of 83 Minutes - Apr 4 & 11

MUNICIPALITY of North COWICHAN Minutes

Meeting Administration and Finance Committee

Date Monday, April 11, 2011

Time 2:00 p.m.

Place Municipal Hall, Large Committee Room

Members Present Mayor T. Walker, Chair; Councillors D. Haywood and G. Seymour (comprising a quorum)

Also Present Councillor A. Siebring; D. Devana, Chief Administrative Officer (CAO); M. Ruttan, Director of Administration; and M. Frame, Director of Finance

Agenda The Committee approved the agenda, as amended.

Minutes The Committee adopted its April 4, 2011 minutes.

Business:

Warrant Report – Recommendation: that the Committee receive and file the March, 2011 March, 2011 Cheque Listing.

Financial Plan The Committee reviewed a spreadsheet entitled “Property Taxation 2011 – 2015”. The Director of Finance compared taxation for both 2009 and 2010 to 2011 taxation divided between Base Property Taxes, Capital taxes, Operating Increase and Growth. He demonstrated that 2010 property taxes of $18,910,907, less the capital contribution of $1,392,971, provided the base property taxes for 2011.

The Committee had a discussion on the net tax increase of 11.25% (12.89% gross less growth 1.64%) and that the 11.25% is broken down as 7.32% to finance capital and 3.93% for net increase in operating.

The Director of Finance provided the five year operating and capital budgets which include the 2011 – 2015 Financial Plan previously approved by the Committee.

Tax Rates The Director of Finance presented a spreadsheet entitled “Tax Calculations – Recommended”. He presented recommended tax ratios and the target tax ratios from the Revenue, Tax and Budget Policy 2010, and the resulting property taxes and tax rates for each property class. He noted that the recommended apportionment between the classes has moved all tax ratios closer to the target ratios in the Policy. The 11.25% tax increase is distributed between the classes resulting in the following tax increase:

Residential 17.5 % (Cost average residential home $151) Utility 9.47% Major Industry 3.28% Light Industry 9.43%

Page 1 of 2

Minutes - Apr 4 & 11 Page 51 of 83 Minutes - Apr 4 & 11

April 11, 2011 Administration and Finance Committee Minutes

Business 9.44% Managed Forest -15.71% Recreational/Non Profit 6.71% Farm -20.6%

The Director of Finance noted that the resulting increase on an average home is $151. This is $6 lower than the estimate of $157 that was published when the new capital funding strategy was announced. Concern was expressed that Major Industry does not have the same increase as the other classes. The Committee discussed the merits of adjusting the apportionment. The Committee requested that staff provide additional tax apportionment options for the April 18, 2011 meeting.

Delegation of The Director of Administration reviewed a draft Delegation of Authority Bylaw. Authority Bylaw The Committee proposed several changes to the draft bylaw.

Recommended Resolution: that Council direct staff to draft a new Delegation of Authority Bylaw which includes the revisions agreed upon at the April 11, 2011 Administration and Finance Committee meeting.

Westholme School The Director of Administration reviewed a letter from the Westholme School Sub-Licence Society requesting to sub-licence its licence of occupation to Sherri Pepin to conduct private classes for elementary aged school children. He said the building and grounds are used once a week from April to June, with an expansion of hours expected this September. In addition, he informed the Committee that as part of the renovations of the building, the Society will remove pipes from an old boiler system.

Recommended Resolution: that Council consent to Westholme School Society granting a sub-licence to Sherri Pepin to conduct private classes for elementary aged school children.

Adjournment The meeting ended at 4:45 p.m.

Next Meeting The next meeting will be held on April 18, 2011.

Certified correct

Recording Secretary Committee Chair

Page 2 of 2

Minutes - Apr 4 & 11 Page 52 of 83 Minutes - Mar 7

MUNICIPALITY of North

Minutes COWICHAN

Meeting Chemainus Advisory Committee File: 0550-20 CA

Date Thursday, April 7, 2011

Time 12:15 p.m.

Place Municipal Hall - Large Committee Room

Members Present Tom Andrews, Chair; Mayor Tom Walker (ex-officio); Al Siebring, Councillor; Irene Dutton; Geoff Hincks; Arlene Robinson (at 12:35 p.m.) (comprising a quorum)

Members Absent John Koury, Councillor; Mona Kennedy; Bernie Jones

Also Present Dave Devana, Chief Administrative Officer (CAO); Ernie Mansueti, Director of Parks & Recreation; Nancy Tates, Executive Assistant; Christopher Dawes, Director of Real Estate, Island Timberlands; Denise Sakai, Property Administrator, Island Timberlands; Norma Greer, Secretary/Archivist, Chemainus Valley Historical Society; Eric Veistrup, Chemainus Valley Historical Society

Agenda The Committee approved the agenda, as circulated.

Minutes The Committee adopted the minutes of the meeting held March 10, 2011.

Presentation On behalf of the Chemainus Valley Historical Society, Norma Greer and Eric Veistrup made a brief presentation outlining the proposed expansion plans for the Chemainus Museum in Waterwheel Park, and laid out the proposed timeline for completing the works.

The Society’s representatives noted they are now focused on fundraising and are planning to have enough funds to complete construction in time for a grand re- opening in 2016.

Representatives of Island Timberlands expressed support for the proposed expansion plans, as presented.

Business

Community Input on Members of the Committee discussed how to effectively gather community input Echo Heights on the proposed development plan for Echo Heights.

For the benefit of the Committee, staff briefly explained the rezoning process and that community input would be sought after first reading in the form of a community input meeting, and after second reading at a public hearing of the proposed bylaw.

The Chair requested that this item be added to the next Committee meeting agenda and that Committee members suggest a number of ideas and approaches for gathering input. Page 1 of 2

Minutes - Mar 7 Page 53 of 83 Minutes - Mar 7

Thursday, April 7, 2011 Chemainus Advisory Committee Minutes

Adjournment The meeting ended at 1:44 p.m.

Next Meeting The next meeting will be held on Thursday, April 28, 2011, at 12:15 p.m.

Certified correct

Signature of recording secretary Chair or presiding member

Page 2 of 2

Minutes - Mar 7 Page 54 of 83 Minutes - Mar 31

MUNICIPALITY of North COWICHAN Minutes

Meeting Climate Change Advisory Committee File: 0550-20 CCAC

Date Thursday, March 31, 2011

Time 2:30 p.m.

Place Municipal Hall – Large Committee Room

Members Present Councillor George Seymour (Chair), Derrick Hill, Peter Nix, Wanda Miller, David Preikshot, (comprising a quorum)

Members Absent (with notice) Barbara Park

Also Present Mayor Tom Walker; Clay Reitsma, Assistant Municipal Engineer; Brigid Reynolds, Planner; Andy Daniel, Engineering Technologist; Sue Miller

Agenda The Committee approved the agenda, as circulated.

Minutes The Committee adopted the minutes of the meeting held on February 14, 2011.

Business

Administrative The Assistant Municipal Engineer requested that Committee members submit Discussion any information for consideration directly to Andy Daniel, which he will review and circulate to staff as required. He also advised the Committee to avoid sending long lists of hyperlinks or technical documents to staff without submitting an abstract that explains the information contained in the material and how the material is relevant to the Committee. He said that will make it easier for staff to process information received.

Funding Update Staff advised the Committee that The Federation of Canadian Municipalities (FCM) has no money this year, but will advise if funding is available for 2012 by July 2011.

Staff also advised that the Municipality is preparing a Request for Proposal (RFP) to submit with its BC Hydro funding application.

Official Community The Planner updated the Committee on the status of the Official Community Plan Plan (OCP) review.

The Chair advised the Committee of an Ipsos Reid poll of North Cowichan resident’s concerns in which transportation was a big issue.

The Committee advised that comments will be considered for incorporation into the OCP when relevant, rather than being reviewed at the Committee meetings. The Committee agreed to allow Planner Reynolds to incorporate its comments.

There was some discussion about properties outside the urban containment boundary that are appropriately zoned based on the current OCP. The Page 1 of 2

Minutes - Mar 31 Page 55 of 83 Minutes - Mar 31

Thursday, March 31, 2011 Climate Change Advisory Committee Minutes

Committee suggested looking into ways to downzone properties outside of the urban containment boundary and agreed to leave this for the Planning Department to look into.

Climate Change The Committee provided comments on the draft Climate Change Action Plan - Action Plan Request for Proposal (RFP) which will be reviewed by staff and adjusted accordingly. The Committee agreed that it did not need to provide further review on this document.

Adjournment The meeting ended at 4:30 p.m.

Next Meeting The next meeting will be held on Thursday, May 5, 2011.

Certified correct

Recording Secretary Chair or presiding member

Page 2 of 2

Minutes - Mar 31 Page 56 of 83 Minutes - Mar 23 (Cowichan Valley Regional...

Minutes of the Special meeting of the Board of the Cowichan Valley Regional District held in the Board Room, 175 Ingram Street, Duncan, BC, on Wednesday, March 23, 2011 at 8:23 pm.

PRESENT: Chair G. Giles, Directors K. Cossey, M. Dorey, L. Duncan, B. Harrison, D. Haywood, R. Hutchins, L. Iannidinardo, P. Kent, K. Kuhn, M. Marcotte, T. McGonigle, I. Morrison, G. Seymour and Alternate Director R. Hartmann

ALSO PRESENT: Warren Jones, Administrator Joe Barry, Corporate Secretary Brian Dennison, General Manager, Engineering & Environmental Services

ABSENT: Director T. Walker

APPROVAL OF AGENDA

11-154 It was moved and seconded that the agenda be amended with the addition of Closed Session New Business item CSNB1 Third Party negotiations {Sub (2) (b)} and that the agenda, as amended, be approved.

MOTION CARRIED

RESOLVING INTO CLOSED SESSION 11-155 It was moved and seconded that the meeting be closed to the public 8:23 pm in accordance with the Community Charter Part 4, Division 3, Section 90, Subsections (1) (e) Land Acquisition and (2) (b) Third Party Negotiations. MOTION CARRIED

RISE FROM CLOSED SESSION 11-159 It was moved and seconded that the Board rise without report and 10:06 pm return to the Regular portion of the meeting.

MOTION CARRIED

Minutes - Mar 23 (Cowichan Valley Regional District - Special Meeting) Page 57 of 83 Minutes - Mar 23 (Cowichan Valley Regional...

SPECIAL BOARD MINUTES – MARCH 23, 2011 Page 2

ADJOURNMENT 11-160 It was moved and seconded that the Special Board meeting be 10:07 pm adjourned.

MOTION CARRIED

The Special Board meeting ended at 10:07 p.m.

Certified Correct:

Chairperson Corporate Secretary

Dated: ______

Minutes - Mar 23 (Cowichan Valley Regional District - Special Meeting) Page 58 of 83 Minutes - Mar 24 (Island Savings Centre Co...

Minutes of the regular meeting of the Island Savings Centre Commission held in the Centre Board Room, 2687 James Street, Duncan, on Thursday, March 24, 2011 at 2:30 pm.

PRESENT: Councillors A. Siebring, T. Duncan, G. Seymour, D. Haywood, L. Iannidinardo, Director L. Duncan ALSO PRESENT R. Austen, General Manager, Parks, Recreation & Culture J. Elzinga, Manager, ISC K. Schrader, Manager, Arts & Culture Division B. Coleman, Operations Coordinator A. Plunet, Recording Secretary

CALL TO ORDER The Island Savings Centre Commission Chair called the meeting to order.

APPROVAL OF It was moved and seconded that the agenda be amended with the AGENDA addition of New Business item: 11- 11 NB4 Gas Tax and Green Parking Lots

And further that the agenda, as amended, be approved.

MOTION CARRIED

ADOPTION OF It was moved and seconded that the minutes of the February 24, MINUTES 2010 Special Budget Meeting of the Island Savings Centre 11-12 Commission be approved.

MOTION CARRIED

Director L. Duncan voiced his displeasure with the decision made during the Feb. 24, 2011 Special Budget Meeting to increase the Requisition for the ISC 2011Budget Year from 2% to 9.51%.

OPERATION North/Central Cowichan Facility Coordinator B. Coleman stated: REPORT R1 The tender process has begun regarding installation of the new electrical Kiosk. The transformer installation will tie in both the old and new substations over a short time period with shutdown of the facility taking place after 10:30 pm. 2010 projects have been largely completed, with storm pump installation a priority project for 2011.

Minutes - Mar 24 (Island Savings Centre Commission) Page 59 of 83 Minutes - Mar 24 (Island Savings Centre Co...

ISLAND SAVINGS CENTRE COMMISSION BOARD MINUTES – MARCH 24, 2011 Page 2 ARTS & CULTURE Arts & Culture Division Manager K. Schrader stated: REPORT R2 The successful March 11 V-Day annual benefit event to raise money for local women’s groups and raise awareness of violence against women, raised over $7,300 after costs with 10% of the proceeds going to Haiti and the rest to local women’s groups. This event and workshops will continue to be offered as a community region wide project as an annual event.

Recognizing the need to increase the profile and representation of the Cowichan Theatre both nationally and internationally, the Arts and Culture Manager will be attending Pacific Contact, a networking conference in Vancouver, BC.

RESOLVE INTO It was moved and seconded that the meeting be closed to the public CLOSED in accordance with the Community Charter, Section Part 4, Division SESSION 3, Section 90, Subsection (1) (c) Labour Relations. 11-13 3:17 pm MOTION CARRIED

RISE FROM It was moved and seconded that the Commission rise without CLOSED Report. SESSION 11-14 MOTION CARRIED 3:45 pm

ISLAND SAVINGS March 31, 2011 concludes the Manager’s time commitment with the CENTRE REPORT Cowichan Lake Arena project. The local Masons group has offered to buy R3 the Island Savings Centre one Automatic External Defibrillator, as well as the Old Timers hockey team has offered to purchase ½ the cost of an additional one, bringing the number of defibrillators at the Centre to three by the summer of 2011.

Staff will meet March 31 with the Cowichan Place Partners for a discussion on joint services, and to receive an update from Vancouver Island University on items including paid parking. A joint services survey will ask each of the partners to address all potential issues including Collective Agreements.

A brief discussion ensued on identifying the owners responsible for the parking lots. The Manager will report back to the Commission at the next meeting with details of the existing Lease.

BUSINESS ARISING OUT OF MINUTES BA1 March 10, 2011 Staff Report recommended that action be taken to write off outstanding bad debts that are not collectable. These accounts have been frozen and no participation will be permitted within the entire Island Savings Centre.

Minutes - Mar 24 (Island Savings Centre Commission) Page 60 of 83 Minutes - Mar 24 (Island Savings Centre Co...

ISLAND SAVINGS CENTRE COMMISSION BOARD MINUTES – MARCH 24, 2011 Page 3

11-15 It was moved and seconded that the bad debts as presented be written off.

MOTION CARRIED

BA2 In discussion Re: Long Term Capital Reserve Funding, reference was made to a previous suggestion that the Arts and Culture Division Manager increase funding in order to provide a strategic policy over the next few years.

Recognizing that a recent public opinion poll projected the preference of residents to set aside money in Capital Reserves for Budget and Capital projects, it was deemed essential to set aside long term funds for building requirements. Staff was encouraged to explore options for increasing funding in Capital Reserves over a long term basis.

11-16 It was moved and seconded that the Arts and Culture Division staff be requested to explore and present options for increasing funding in Capital Reserves on a long term basis to meet the future needs of the Cowichan Theatre at the Island Savings Centre.

MOTION CARRIED

Discussion ensued. It was suggested that staff provide a report in late summer 2011 to allow time to look at funding prior to the next year’s Budget. Stating that the Arts and Culture Division would require additional time to implement Ticket User Fees before the 2011/2012 season, the Arts and Culture Manager stated that a report on User Fees will be provided at the May 2011 meeting.

CORRESPONDENCE C1 Correspondence from Mr. J. Chapman March 12, 2011 re: Implementation of parking fees at the new VIU campus was provided for information.

11-17 It was moved and seconded that the March 12, 2011 correspondence from J. Chapman be accepted and filed as information.

MOTION CARRIED

INFORMATION IN1 February 16/11 Cowichan Valley Citizen newspaper article Re: Columbia Fuels Hockey Day in the Valley was provided for information.

NEW BUSINESS NB1 A Media Release dated February 16/11 “Gordon new Majority owner of the Caps” articled the change in ownership of the BC Hockey League’s Cowichan Valley Capitals, and was provided for information.

Minutes - Mar 24 (Island Savings Centre Commission) Page 61 of 83 Minutes - Mar 24 (Island Savings Centre Co...

ISLAND SAVINGS CENTRE COMMISSION BOARD MINUTES – MARCH 24, 2011 Page 4

NB2 A March 1, 2011 Memorandum Re: Proposed Public Health Smoking Protection Bylaw No. 2084 requested input from the Commission on whether a similar bylaw should be considered for community parks and public open places.

Discussion ensued. Enforcing a ban to prevent smoking within a 7.5 meter distance from any door or window that opens or any air intake would be impractical from an operational need. The consensus was to remain with the smoking ban provincial standard of up to 3 meters from an air intake.

B. Coleman left the meeting at 4:30 pm.

NB3 Councillor J. Winfrey and Alternate Director L. Heinio were appointed in absentia, to review the received 2011 Cowichan Valley Arts and Sports Scholarship applications and to award two $500 Art Scholarships and two $500 Sports Scholarships to winning recipients.

Councillors T. Duncan and A. Siebring volunteered to stand in for the appointees should they be unable to provide this service.

NB4 Addressing the need to improve the quality of the Island Savings Centre parking lots, a discussion took place on the future of eco friendly green parking lots.

For future discussion prior to presentation to the Board, staff was directed to put together a list of infrastructure needs in anticipation of gas tax funding that could be made available in 2014.

ADJOURNMENT 11-18 It was moved and seconded that the Regular meeting of the Island Savings Centre Commission adjourn.

MOTION CARRIED

The meeting adjourned at 4:38 pm

The next regular Island Savings Centre Commission Meeting will be held at the call of the Chair.

Certified Correct:

Chairperson Secretary

Dated:

Minutes - Mar 24 (Island Savings Centre Commission) Page 62 of 83 ... Bylaw 3444 - 1st, 2nd & 3rd Readings

BYLAW 3444 Delegation of Authority Bylaw Adopted on…, 2011

WHEREAS Part 5, Division 6 of the Community Charter empowers a municipal council, by bylaw, to delegate its powers, duties and functions, including those specifically established by an enactment, to the extent provided;

AND WHEREAS Council considers that there are a number of circumstances where such delegation would foster good government;

NOW THEREFORE, the Council of the Corporation of the District of North Cowichan, in open meeting assembled, enacts as follows:

Definitions

1 In this Bylaw:

“Chief Administrative Officer” means the municipal officer appointed under section 147 [chief administrative officer] of the Community Charter ;

“Council” means the Council of the Corporation of the District of North Cowichan;

“Director of Parks and Recreation” means the person employed in that position for North Cowichan;

“Director of Planning and Development” means the person employed in that position for North Cowichan;

“Local Assistant to the Fire Commissioner” means the person authorized to exercise the powers of a local assistant under the Fire Services Act ; and

“Municipal Forester” means the person the person employed in that position for North Cowichan.

Scope of bylaw

2 For clarity, unless a power, duty or function of Council has been expressly delegated by

This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan.

Bylaw 3444 - 1st, 2nd & 3rd Readings Page 63 of 83 ... Bylaw 3444 - 1st, 2nd & 3rd Readings

this bylaw or another municipal bylaw, all of the powers, duties and functions of Council remain with Council.

Delegation to persons holding position

3 Where this bylaw delegates a power, duty or function to a named position, the delegation of the power, duty or function is to the person who holds the position and to any person who is the deputy or assistant of that person.

No sub-delegation

4 For clarity, a person to whom a power, duty or function has been delegated under this bylaw has no authority to further delegate to another person any power, duty or function that has been delegated by this bylaw.

Land use approvals delegation

5 (1) Council delegates to the Director of Planning and Development all of the powers, duties and functions of Council in respect of

(a) development permits under sections 920 [development permits] and 925 [requirement for security] of the Local Government Act where no variances of municipal bylaws are involved, and

(b) temporary use permits under section 921 of the Local Government Act.

(2) Council delegates to Director of Planning and Development the power to require security under section 925 [requirement for security] of the Local Government Act , for the purposes set out in that section, in the amount of 100% of the estimated costs, as determined by a qualified professional, or another person accepted by the District.

(3) In the absence of the Director of Planning and Development, Council delegates to the Chief Administrative Officer all of the powers, duties and functions of Council under section 5(1) and (2).

Land use approvals reconsideration

6 (1) An owner of property that is dissatisfied with the decision made under section 5 is entitled to have the decision reconsidered by Council in accordance with this section.

(2) An owner who wishes to have Council reconsider a decision must apply in writing to Council within 30 days after the decision has been communicated in writing to the owner, setting out

(a) the name of the delegate who made the decision, the date of the decision, and the nature of the decision,

2

Bylaw 3444 - 1st, 2nd & 3rd Readings Page 64 of 83 ... Bylaw 3444 - 1st, 2nd & 3rd Readings

(b) reasons why the owner wishes Council to reconsider the decision,

(c) the new decision the owner requests Council to make, with brief reasons to support the new decision, and

(d) a copy of any materials that the owner considers relevant to the reconsideration.

(3) Council must reconsider the decision at a regular meeting of Council held within thirty days after the date on which the application is delivered to the Corporate Officer.

(4) The Corporate Officer must

(a) place each reconsideration application on the agenda of a regular meeting of Council in accordance with subsection (3),

(b) give notice of each reconsideration by Council in accordance with any notice requirements in respect of the original application, and

(c) before each reconsideration by Council, deliver to each Council member a copy of the materials that were considered by the delegate in making the decision that is to be reconsidered.

(5) In reconsidering a decision, Council must consider the material that was considered by the delegate in making the decision.

(6) At a reconsideration of a decision, the owner and any other person who is interested in the decision are entitled to be heard by Council.

(7) Council is entitled to adjourn a reconsideration of a decision.

(8) After having reconsidered a decision, Council may either confirm the decision or may set aside the decision and substitute the decision of Council.

Strata conversions

7 Council delegates to the Approving Officer the power to approve , with or without conditions, an application for strata conversion of a two-family residential building if all requirements of Section 242 of the Strata Property Act have been met.

Parcel frontage

8 Council delegates to the Approving Officer the power to exempt a parcel from the statutory minimum frontage required under section 944(1) [parcel frontage on highway] of the Local Government Act .

3

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Release of charges

9 Council delegates to the Mayor and Corporate Officer the power to release, on the Approving Officer’s recommendation, obsolete charges from land titles registered in the Victoria Land Title Office.

Municipal street use

10 Council delegates to the Chief Administrative Officer the power to approve applications for temporary private uses of municipal streets which include, but are not limited to, parades, walk-a-thons, fundraisers, and races.

Park and forest use

11 Council delegates to the Chief Administrative Officer the power to approve special events on land reserved, dedicated, or held for park or forestry purposes, so long as the special event is consistent with zoning and restrictions on title, if any.

Outdoor burning ban

12 (1) Council delegates to the Local Assistant to the Fire Commissioner the power to ban outdoor burning in all or part of North Cowichan, for as many as 30 days if a fire hazard exists.

(2) If the Local Assistant to the Fire Commissioner acts under the previous subsection he or she must notify the public.

Forest reserve closure

13 (1) Council delegates to the Municipal Forester the power to close or limit the use for as many as 30 days of all or part of the Municipal Forest Reserve or lands managed for forestry purposes

(a) to protect the forest from a danger of fire or another danger,

(b) during active forestry operations, or

(c) to protect the public from danger.

(2) If the Municipal Forester acts under subsection (1), he or she must notify the public.

Agreements

14 (1) Council delegates to the Corporate Officer the power to enter into agreements for the following purposes:

(a) acquiring budgeted goods and services;

4

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(b) receiving grant money;

(c) boat moorage;

(d) roadside litter collection.

(2) Council delegates to the Director of Parks and Recreation the power to enter into agreements for facility rentals.

(3) Council delegates to the Mayor and Corporate Officer the power to amend or extend agreements previously approved and authorized by Council.

(4) Council delegates to the Chief Administrative Officer the power to approve sub-licences of Municipal property.

Purchasing decisions

15 Council delegates to the Chief Administrative Officer the power to establish policy for the purchase of budgeted goods and services up to $500,000.

Notices

16 (1) Council delegates to the Corporate Officer the duty to give notices required under the following provisions of the Community Charter :

(a) section 26(1) [notice of proposed property disposition];

(b) section 40(3) [notice of permanent closure and removal of highway dedication];

(c) section 59(3) [notice of business regulation bylaw]; and

(d) section 99(3) [notice of meeting to consider annual municipal report].

(2) Council delegates to the Director of Planning and Development the duty to give notices under the following sections of the Local Government Act :

(a) section 892(1) [notice of public hearing];

(b) section 893(1) [notice of public hearing waived];

(c) section 921(4) [temporary use permits];

(d) section 922(4) [development variance permits]; and

5

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(e) section 927(1) and (3) [notice of permit on land title].

(3) In the absence of the Director of Planning and Development, Council delegates to the Chief Administrative Officer the duty under section 16(2)

Forms

17 Council delegates to the Corporate Officer the power to prescribe forms required by bylaw.

Audit committee

18 Council delegates its powers, duties and functions under section 170 [Audit Committee] of the Community Charter to the Administration and Finance Committee.

Claims and lawsuits

19 Council delegates to the Chief Administrative Officer the power to settle claims, grievances, and lawsuits up to $5,000.

Repeal

20 This bylaw repeals bylaw 3297, “Delegation of Authority Bylaw, 2007".

Bylaw readings

First reading ...... , 2011 Second reading ...... , 2011 Third reading ...... , 2011 Adopted ...... , 2011

______M. O. Ruttan, Corporate Officer T. A. Walker, Mayor

6

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BYLAW 3445 Local Area Service (Moose Road Sewer Extension) Bylaw

Adopted on…, 2011.

WHEREAS sections 210 and 211 of the Community Charter authorize Council, by bylaw, to establish a local area service;

AND WHEREAS Council has received a petition to extend the municipal sewermain approximately 450 metres from its current terminus at the south-west corner of 2288 Davis Crescent to the north-east corner of 2264 Moose Road;

AND WHEREAS pursuant to section 212 of the Community Charter, the corporate officer has determined the sufficiency and validity of a petition to establish a local area service to pay for this work;

NOW THEREFORE the council of The Corporation of the District of North Cowichan enacts as follows:

Service

1 This bylaw establishes a local area service under Part 7, Division 5, of the Community Charter to pay for the costs to design and construct an extension to the municipal sewermain, together with the necessary related appurtenances and service connections, from its current terminus at 2288 Davis Crescent, for a distance of approximately 450 metres, to 2264 Moose Road, to service 17 properties on Davis Crescent, Moose Road and Lakes Road (the “Local Area Service”).

Boundaries

2 The boundaries of the Local Area Service are shown in heavy outline and cross-hatched on Schedule “A”, attached to and made part of this bylaw.

Cost Recovery

3 (1) The costs of the Local Area Service are authorized to be paid from the Local Area Service reserve fund established by Bylaw 3421, “Reserve Funds Establishment Bylaw, 2010".

This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan.

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(2) Ninety percent of the amount expended under subsection (1) must be recovered over 15-years by a local service tax, in the form of a parcel tax, imposed by a separate bylaw.

Parcel Tax Roll Creation

4 Following construction of the Local Area Service, the financial officer must prepare a parcel tax roll under Section 203 of the Community Charter, on the basis of a single amount for each parcel of land within the Local Area Service.

Severability

5 If any part of this bylaw is, for any reason, held to be invalid by a court of competent jurisdiction, it must be deemed to be severed and the remainder of the bylaw will remain valid and enforceable in accordance with its terms.

Bylaw readings

First reading ...... , 2011 Second reading ...... , 2011 Third reading ...... , 2011 Adopted ...... , 2011

______M. O. Ruttan, Corporate Officer T. A. Walker, Mayor

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Bylaw 3445 - 1st, 2nd & 3rd Reading Page 71 of 83 Page 72 of 83 Minutes - Mar 29

MUNICIPALITY of North Minutes COWICHAN

Meeting Committee of the Whole

Date Tuesday, March 29, 2011

Time 1:00 p.m.

Place Municipal Hall - Large Committee Room

Members Present Mayor Tom Walker, Chair Councillor Ruth Hartmann Councillor Dave Haywood Councillor John Koury (after 3:10 p.m.) Councillor George Seymour Councillor Al Siebring

Members Absent Councillor Garrett Elliott Councillor Dave Haywood

Also Present Dave Devana, Chief Administrative Officer (CAO) Mark Ruttan, Director of Administration/Deputy CAO Scott Mack, Director of Planning & Development Ernie Mansueti, Director of Parks and Recreation Peter Nilsen, Assistant Municipal Engineer John Pite, Engineering Assistant/Development Coordinator Brigid Reynolds, Planner Audrey Rogers, Planner Agenda

Approve Agenda That the Committee approve the agenda, as circulated.

Minutes

Adopt Minutes That the Committee adopt its March 21, 2011 minutes.

Business

Tentative Critical The Committee endorsed the proposed timetable to implement the Events Schedule new Official Community Plan and Development Permit guidelines.

Newsletter The Committee received for information a December 2008

Page 1 of 2

Minutes - Mar 29 Page 73 of 83 Minutes - Mar 29

March 29, 2011 Committee of the Whole Meeting Minutes

newsletter regarding powers and limitations of development permits.

Draft Development The Committee continued its section by section review of the draft Permit Guidelines development permit guidelines, beginning at page 14 and finishing at page 34. The Committee suggested numerous minor wording changes to try to clarify the guidelines and make them more internally consistent. The Committee also debated whether to obtain a legal review of the guidelines and agreed to reconsider this after it has finished its review. Adjournment

5:15 p.m. The meeting ended at 5:15 p.m.

Minutes certified correct

Recording Secretary Committee Chair

Page 2 of 2

Minutes - Mar 29 Page 74 of 83 Island Corridor Foundation

AVICC Press Release

Monday April 11, 2011

Island Mayors Request Meeting with Premier

Island Mayors want a meeting with Premier Christie Clark and Transportation Minister Blair Lekstrom to discuss the loss of the VIA passenger service and the potential shutdown of railroad transportation on Vancouver Island.

An emergency resolution was unanimously passed Sunday at the Association of Vancouver Island and Coastal Communities annual convention at Sydney in the wake of last week’s shutdown of the passenger service.

AVICC president, Joe Stanhope said the $15 million rail infrastructure application submitted last October to the federal and provincial governments is absolutely critical to maintaining railroad service on Vancouver Island.

“All the communities attending the conference are solid in their support of this funding request. This rail corridor was returned to the people of Vancouver Island in 2006 due to the past leadership of several Mayors and First Nation Chiefs through a creative tax grant land transfer with CPR for a dollar”.

“Now as part of the plan the municipalities along the corridor provide approximately $460,000 annually in permissive property tax exemptions to the Island Corridor Foundation (ICF) which is important to the long term operating agreement the ICF and Southern Rail of Vancouver Island have tentatively agreed to”, he said.

Approximately $30 million in trail development and rail improvements have occurred in the past four years.

The ICF is the Society that holds and manages the corridor trails and railroad for the five regional districts, 14 municipalities and 13 First Nations.

Stanhope stated the ICF has had numerous promising discussions with both governments regarding the infrastructure funding but due to a provincial leadership contest and now a federal election a decision has not been made.

“Because of the passenger service shutdown last week the AVICC and the ICF are asking for a meeting with Premier Clark and Minister Lekstrom to discuss the situation and for their assistance in coordinating a positive response from both governments”, added Stanhope.

Island Corridor Foundation Page 75 of 83 Island Corridor Foundation

“The ICF executive director presented a very comprehensive report on Saturday about operational developments and we want to ensure the premier and minister are aware of the self sustaining business plan the ICF has been building”, Stanhope said.

- 30 -

Media contact: Graham Bruce ICF Executive Director 250 246 4320 250 210 0411 (cell)

Joe Stanhope AVICC President Chair Regional District of Nanaimo 250 248 6401 250 668 2814 (cell)

Island Corridor Foundation Page 76 of 83 Island Corridor Foundation

Will Rail Survive on Vancouver Island? By Graham Bruce

On the 125 th anniversary of rail operating on Vancouver Island it will be decided whether rail will continue to operate or be shut down.

In October of 2010 the owners of the railway corridor, the Island Corridor Foundation, (ICF), a Foundation of regional districts & First Nations, presented the federal and provincial governments with a $15 million infrastructure investment request to secure the future of Island rail.

As things stand today without a commitment for the $15 million investment by late spring of 2011, ICF will have to develop a plan for an orderly shutdown of rail service.

What does the $15million investment give us? It will replace over 100,000 ties, track re- ballasting and provide $500,000 for a comprehensive bridge and trestle assessment. It maintains 26 rail crew jobs and provides construction and enhanced operational employment.

Not only does this secure the future of rail on the Island it allows for an enhanced VIA passenger service with an early morning southbound train from Nanaimo to Victoria. VIA Rail has committed that three newly refurbished cars will be operating on this line by March of 2012.

These new passenger cars will have bicycle carrying capacity, handicap lifts and a small refreshment galley.

It would also make it possible for a pilot intercity passenger service to be considered between Cowichan and Victoria. A business case is currently being developed by the ICF and BC Transit with cooperation of the Capital Regional District, Langford, , and Victoria.

Equally important it reinforces the efforts of our rail operator, Southern Rail of Vancouver Island, (SVI), to attract new freight customers to make this a profitable rail operation and provide ongoing maintenance revenues.

One of the contractual obligations SVI has with ICF is to maintain the track at the current or improved grade level. SVI currently spends approximately $1 million annually.

SVI through its sister companies has also recently completed a new rail barge terminal at Annacis Island to improve rail barge service between Nanaimo and the mainland.

Because of the vision and leadership of several Chiefs, Mayors and interested parties this railroad was returned to the people of Vancouver Island in the early 2000’s.

Island Corridor Foundation Page 77 of 83 Island Corridor Foundation

Prior to the corridor being transferred to the ICF the railway had been allowed to deteriorate with the natural result of slower passenger service and less freight being shipped by rail.

In spite of this, rail service improvements have continued to be made and ridership has increased. A new train station at Nanaimo is under construction, a new four mile bridge is in operation and numerous rail crossings including the $5 million crossing at Admirals Road have been completed.

It is ironic that with the substantial railroad improvements and service enhancement opportunities we are in danger of losing a viable transportation option for the people of Vancouver Island.

The debate is not rail versus car or bus, the discussion needs to be about better utilization of existing transportation alternatives. It needs to be broader then our momentary current view. It needs to recognize the end of cheap oil and the reality of higher gas prices. It needs to include the costs of additional land for road right of ways that will be needed and how that simply encourages more of us to continue to drive one person per car.

A $15million investment in Island Rail to secure the continuation of rail service could very well be one of the most cost effective and important socio economic decisions we can make for the future of Vancouver Island.

If you agree, let your MP and MLA know, write the federal and provincial ministers of transportation, email the Prime Minister and Premier, call your Mayor and regional district chair and talk to your Chief and council. Ask your favorite Island federal candidate to publicly support the $15 million infrastructure investment.

If you agree but do nothing, then that is clearly a decision to end rail on Vancouver Island. Your action will make a difference.

-30-

Graham Bruce is the Executive Director of the Island Corridor Foundation and a former Minister of Municipal Affairs 1991 and Minister of Labour 2001.

Island Corridor Foundation Page 78 of 83 ... Public Hearing Report - Bylaw 3439 & 3441

MUNICIPALITY of North Report COWICHAN

Date April 18, 2011 File: 3360-20 10.08 3360-20 10.07 To Council From Mary Beth MacKenzie, Deputy Clerk

Subject April 14, 2011 Public Hearing for Bylaws 3439 and 3441

The Municipal Council held a public hearing in the Council Chambers at 7:00 p.m. on Thursday, April 14, 2011 to receive public input on two rezoning applications.

All members of Council attended the hearing, except Councillor Koury (on leave). In addition, the following staff attended the hearing: D. Devana, Chief Administrative Officer; S. Mack, Director of Planning & Development; B. Reynolds, Planner; and M.B. MacKenzie, Deputy Clerk.

Approximately 47 other persons attended the hearing.

Procedure

Mayor Walker called the public hearing to order at 7:00 p.m. He welcomed the public and explained the purpose of the public hearing. He advised that Council’s policy is to not receive any verbal or written presentations after a public hearing, other than technical information from staff. Mayor Walker explained that the purpose of this policy is to ensure that the public is aware of, and can comment on, all of the public input Council has received.

Bylaw 3439 – 3079 Baker Road – R3 to R3-S Zone

Mayor Walker invited the public to submit late petitions or correspondence to Council on this proposed bylaw, but no one came forward. He then asked staff to introduce this bylaw.

Planner Reynolds explained that the purpose of this proposed bylaw is to amend the Zoning Bylaw by reclassifying 3079 Baker Road (Lot 1…Plan 6558; Folio 1124-000), from Residential One and Two- Family Zone (R3) to Residential Small Lot Single Family Zone (R3-S). The Planner explained that if the rezoning is approved, the applicant intends to subdivide the subject property into 15, single-family lots and one duplex lot. She also advised that the permitted uses in the R3-S zone include: Single-Family Dwelling, Home-based Business.

Mayor Walker then asked for a summary of the written submissions Council received on this proposal. The Deputy Clerk reported that Council received the following 4 letters from the public regarding this proposal prior to the hearing:

1) April 9, 2011 - D.H. Hall of 3071 Baker Road, agreeable to the proposed use, but provided suggestions regarding fencing, a large cedar tree, and the public walkway,

2) April 11, 2011 - Lee McLean of 6-3134 Manor Drive, opposed to smaller lots due to increased traffic, parking problems and noise, and opposed to the trees being removed,

3) April 13, 2011 - Wes and Jennifer Swain of 3067 Baker Road, opposed to proposal as Baker Road provides access to existing residents by an easement for single-family dwellings only, opposed to increased traffic and noise, and requesting a solid fence to surround the proposed subdivision, and

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Page 2

4) April 14, 2011 – Lene Quine and Tony Mantel of 3987 Baker Road, concerned that the development will encroach on their property with the setback of 1.5 metres rather than 2 metres, and requesting that a western red cedar tree on the site be retained.

The Deputy Clerk also pointed out the location of the public information binder and welcomed the public to look through it during the meeting.

Mayor Walker invited the applicant to describe the proposal.

Rick Buckles, agent for the proponent, presented a brief overview of the proposal noting that the subdivision will be serviced by the City of Duncan’s water system, the location of Municipal services, and that the trees in the park will be protected and trees in the rear lots will be protected where practical. He advised that a “no access” sign will be posted to prevent pedestrian access and bollards will prevent vehicular access to the Municipal lot at the south east corner of the development. In addition, he said the developer is willing to fence the east boundary line adjacent to the existing single family lots.

Iona Felling of 5925 Deuchars Drive, requested clarification on the protection of trees in the park area. She expressed concerns regarding insufficient parking in the area and drainage from surface run-off.

Andrew Henderson of 6042 Hyacinth Drive, requested that the current wagon trail and the trees on this historic property be retained. He also expressed concerns regarding increased traffic onto Cowichan Lake Road.

A resident immediately adjacent to Mayo park, commented on the need to save the trees at the end of the park area, and requested that the temporary fence be replaced.

Tony Mantel reiterated comments in his letter. He asked if a fence would be installed along the south property line to prevent excavated material from spilling over on his lot, and requested that the developer consider shifting the lots on the east side of the development slightly north to protect the western red cedar tree.

Genevieve Singleton, 3019 George Street, noted that the former riparian area in Mayo Park is gone. She believes that keeping trees in the area will reduce surface run-off from the development, and requested that native plants located on this site be incorporated into the landscaping.

Susan Pike, 5893 Deuchars Drive, requested that the park be extended to Lot 7 of the proposed development to protect the trees. She noted that the retention pond adjacent to Mayo Park should be fenced for safety, and requested that the temporary fence at the park be replaced with a permanent fence. She also expressed concerns with drainage, noting the amount of water on her property.

D. Barry, 5926 Deuchars Drive, asked for a commitment to protect the trees, noting that developers in the area have cut down trees for developments in the past. She noted the instability of the banks in the area from the neighbouring development. Ms. Barry also noted that the retention pond in Mayo Park may pose a danger to small children. In addition, concerns were expressed about single-car garages which will result in additional parking on the street.

Mayor Walker asked if anyone wished to comment on the rezoning application.

Brigid Reynolds, Planner, advised that there will be a tree protection plan for the site, and noted that the developer will not alter the land or remove trees until a tree protection plan is in place.

7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca

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Page 3

Rick Buckles commented on comments from the public. He stated that the developer could meet the additional .5 metre setback requested by Mr. Mantel. He also pointed out that there will be fencing on the east side of the development and a chain link fence along the park side. He stated his desire to save as many trees as possible. Trees outside of the building envelope will be saved pending a report from an arborist, and the western red cedar will be assessed for safety. The previous removal of trees was to accommodate the road and water lines for the adjacent 74 lot subdivision.

Mayor Walker asked 3 more times if anyone wished to comment on this proposed bylaw but no one came forward, so he closed this portion of the public hearing at 8:03 p.m.

The Mayor called a brief recess, and the public hearing resumed at 8:23 p.m.

Bylaw 3441 – Lot B York Road – A2 to R3 Zone

Mayor Walker asked if anyone wanted to submit late petitions or correspondence to Council about this proposed rezoning but no one came forward. Mayor Walker then asked the Planner to introduce the proposal.

Ms. Reynolds introduced the rezoning application, explaining that the proposal is to reclassify to reclassify parts of Lot B…Plan VIP 64741 (Folio 197-156) from Rural Zone (A2) to Residential One and Two Family Zone (R3). The Planner explained that if the rezoning is approved, the applicant intends to create five single-family lots on .6 hectare (1.6 acre). She advised that the balance of the property (2.1 hectares [5.1 acres]) has been transferred to the Provincial Crown to ensure the protection of archeological features found on the property. She further advised that the R3 zone permits the following uses: agriculture, assisted living, bed and breakfast community care facility, home-based business, secondary suite, single-family dwelling, supportive housing, and two-family dwelling.

Mayor Walker then asked for a summary of the written submissions Council received on this proposal. The Deputy Clerk reported that Council received the following 7 written submissions from the public on this proposal prior to the hearing which were copied to all members of Council:

1) March 3, 2009 - Syanne Smith, of the Garry Oak Ecosystems Recovery Team, asking Council to consider the ecological values of this property such as the Garry Oak ecosystem and other conservation values, 2) February 1, 2011 - Chief Lydia Hwitsum, of the Cowichan Tribes, advising Council that it opposes development of the lot on York Road due to its proximity to known archaeological finds, but does not object to development of lots on Timbercrest Drive,

3) April 10, 2011 - Dave Polster, of Polster Environmental Services Ltd., opposing development of the York Road lot due to the area being a traditional village site (read into the record in full),

4) April 13, 2011 - Denny Wagg, of 6041 Hyacinth Place, opposed to the proposed development of the York Road lot due to the Garry Oak ecosystem,

5) April 13, 2011 - Alexandra opposed to the removal of Garry Oak trees on York Road,

6) April 14, 2011 - Eric McLay, Archaeologist, , confirming that he has been contracted by Timbercrest Estates to complete an archaeological impact assessment study of the two proposed development parcels to protect and conserve its archaeological values, and

7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca

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Page 4

7) April 14, 2011 – a submission by the Touchstone Committee questioning the lawful rights of regulation of the subject lands and resources.

The Deputy Clerk pointed out the location of the public information binder and welcomed the public to look through it during the meeting.

Mayor Walker invited the applicant to describe the proposal.

David Conway, agent for the proponent, emphasized that this project is a compromise, and that five acres had been transferred to the Province. He agreed to respond to comments to be raised by residents at the public hearing.

Mayor Walker asked for comments from the public. The following speakers spoke in opposition to the application including Chuck Seymour, Maureen Tommy, Dianne Hinkley, Bernadette Peter, Ruby Peter, Dora Wilson and Larry George, Greg Gerbis; Paul Fletcher; Andres and Judith Henderson, Denny Wagg, Tracy Fleming, Jennifer and Charles Lazenby and their daughter, Judith Henderson, Genevieve Singleton, Jerry Mattu, Rhoda Taylor, Peter Rusland, and two residents of 1241 Maple Bay Road.

The points raised by the persons noted above included: • Cowichan Tribes is a level of government and should be included in the consultation process, rather than attending a public hearing • the history of the 2,000 Quamichan people on this property and use of the land for hunting and fishing • the need to respect First Nations culture and not allow further disturbance of ancestors’ graves on the northern part of the site • the sadness felt by the First Nations community and its residents to see their ancestors’ graves disturbed • halting development on the property and covenanting access for protection of this area • the Heritage Conservation Act and provisions for alteration permits which have not been secured by the developer • a comment noting that the land transferred to the Province should have been gifted to the Quamichan people • the long history of applications to develop this property, its removal from the Agricultural Land Reserve, diminished values due to “piece meal development” of the area and a plea to protect what is left • discovery of the burial site in 1992, the potential that there may be more burial sites in the area, and a plea to listen to the concerns of First Nations • reference to a staff report from 2003 recommending the protection of the trees on the land and the subsequent removal of all but 2 or 3 Garry oaks • questions regarding rezoning to R3 in an area that is zoned primarily R2 • the need to protect birds and rare plants on the property, and the upcoming rare plant study which can only be conducted during a short 2-week window in early May and will not be possible if the land is developed • the Provincial Government’s request for an Archaeological Impact Assessment • filling of land to meet flood construction levels may contradict the Memorandum of Understanding for flood mitigation between the partners • the need to protect the last two Garry oaks remaining on the property • comments that the development’s impermeable surfaces will increase flows to the Somenos Creek system, adding to flood concerns

7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca

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Page 5

• comments included in a letter from the Cowichan Valley Naturalists Society noting its opposition to the development due to its proximity to the Somenos Garry Oak Protected Area and a 4,000 year old village site, and the potential to leave a legacy for future generations • the need to protect the fragile and ecologically sensitive Garry oak ecosystem in the valley which has been reduced to just 5% • a desire to see the subject lot on York Road also transferred to the Province and/or not developed • a submission of photographs of the site before and after the Garry oaks were cut, and information that there are already several new Garry oaks growing on the property • increased traffic from the development may cause more problems at the difficult intersection of Lakes Road and Trillium Way • the discovery of the pit house feature on the site which may indicate other undiscovered archaeological features in the area • suggestions that this property is being developed in exchange for sewer units in • frustration over the long history to try and protect this site through discussions with Federal, Provincial and local governments, with each level of government referring the issue to another level of government to deal with • questions regarding the future of the York Road right-of-way • question if future landowners will be advised of the archaeological sensitivity on the south-east lots • a desire to keep the northwest lot as a buffer • a request to designate this site as a protected heritage site under the Local Government Act • allowing the developer to develop would be rewarding him for his intentional actions to destroy the Garry oak trees and lower the value of the property • the urgent need for a tree protection bylaw

In response to Mayor Walker’s invitation for the applicant to discuss the issues raised by the public, Dave Conway noted that the project budget provides for a member of Cowichan Tribes to be included in the archaeological team. He noted that the pit house is located in the area of the property that was transferred to the Province. Construction on site will require raised floors to accommodate 200 year flood levels.

Councillors sought and received technical information from staff and the applicant.

Mayor Walker asked 3 more times if anyone else wished to comment on this bylaw but no one came forward to speak; therefore, Mayor Walker closed the public hearing at 10:26 p.m.

Certified fair and accurate:

M. B. MacKenzie, Deputy Clerk

7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca

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