DISTRICT OF PEACHLAND COMMITTEE OF THE WHOLE AGENDA Council Chambers – Community Centre 4450-6th Street Peachland Tuesday, February 12, 2013 at 9:00 A.M.
Page
1. CALL TO ORDER
2. AMENDMENTS TO AGENDA
3. APPROVAL OF THE AGENDA
4. PRESENTATIONS AND DELEGATIONS
A. Southern Interior Local Government Association (SILGA) 3 - 13 Patty Hanson SILGA Awareness
B. Rotary Club 100 Year Anniversary 15 - 23 Wolfgang Muhs, President
C. Peachland Riding Club 25 Sandy Chevallier, Rodeo Director Jesse Capp, President Update
5. ADOPTION OF MINUTES
A. COTW Meeting Minutes - January 22, 2013 27 - 37 For Adoption
B. COTW Meeting Minutes - February 5, 2013 For Adoption.
6. REPORTS / DISCUSSION
A. Dancing Barefoot Music Festival Civic Grant Application 39 - 41 For Consideration
B. Civic Grants 43 - 44 For Consideration
C. BC Hydro Installation of Energy Efficient Lighting 45 For Information.
D. Appointment of Legal Service Provider - 2013 47
Page 1 of 71 Page
Request for Decision.
E. OBWB Grant Project Application 2013 49 - 50 Request for Decision
F. Revitalization Tax Exemption Bylaw No. 2035, 2012 51 - 69 First, Second and Third Reading Consideration.
G. Clarification of a Resolution 71 Request for Decision
H. Budget Capital/Operating priorities list
7. OTHER BUSINESS
8. ADJOURNMENT
Polly Palmer Corporate Officer February 8, 2013
Page 2 of 71 Southern Interior Local Government Association (SILGA)Patty ... Southern Interior Local Government Association AGENDA ITEM # 4.A. Lillooet Lake Page 3 of 71
Awareness is Opportunity Southern Interior Local Government Association (SILGA)Patty ... SILGA MISSION STATEMENT
• SILGA works to represent each community within the Armstrong BC Southern Interior Region to provide a strong and effective voice of common issues and regional initiatives. • SILGA meets on average 4-6 times a year; the meeting
location varies between AGENDA ITEM # 4.A. SILGA communities. Page 4 of 71 • If your community would like SILGA to schedule a meeting in your community, just ask. Ashcroft Hoodoos
Southern Interior Local Government Association (SILGA)Patty ... 2012-2013 SILGA EXECUTIVE
President, Councillor Harry Kroeker City of Merritt Past President, Director Rhona Martin CSRD 1st Vice President, Councillor Marg Spina City of Kamloops 2nd Vice President, Director Tim Pennell TNRD Director at Large, Mayor Janice Brown District of Spallumcheen Director at Large, Councillor Chad Eliason City of Salmon Arm Director at Large, Councillor Garry Litke
City of Penticton AGENDA ITEM # 4.A. Director at Large, Councillor Ryan Nitchie City of Armstrong Page 5 of 71 Director at Large, Councillor Jackie Tegart Village of Ashcroft Director at Large, Councillor Angelique Wood RDOS Regional District Representative, Director Patty Hanson CORD Executive Director, Alison Slater Kamloops
Southern Interior Local Government Association (SILGA)Patty ... SILGA Geographical Area
• District of Clearwater
•District of Barriere
District of Westside ·
AGENDA ITEM # 4.A. Page 6 of 71 Southern Interior Local Government Association (SILGA)Patty ... Who are SILGA Members?
City of Armstrong District of West Kelowna City of Enderby Central Okanagan RD City of Kamloops Columbia Shuswap RD City of Kelowna North Okanagan RD City of Merritt Okanagan Similkameen RD City of Penticton Squamish Lillooet RD City of Revelstoke Thompson Nicola RD City of Salmon Arm Town of Oliver City of Vernon Town of Osoyoos District of Barriere Town of Princeton Township of Spallumcheen District of Clearwater AGENDA ITEM # 4.A. Village of Ashcroft District of Coldstream
Page 7 of 71 Village of Cache Creek District of Lake Country Village of Chase District of Lillooet Village of Clinton District of Logan Lake Village of Keremeos District of Peachland Village of Lumby District of Sicamous Village of Lytton District of Summerland Sun Peaks Resort Municipality
Southern Interior Local Government Association (SILGA)Patty ... What is our purpose?
• To speak as ONE voice for Cache Creek local government issues of our members. • To enhance the quality and level of service provided by local government to its citizens
• To promote and advance to AGENDA ITEM # 4.A. the UBCM proposed changes Page 8 of 71 in legislation, regulations or government policy • Coordinate communication Chase between SILGA members Southern Interior Local Government Association (SILGA)Patty ... What are SILGA’s Goals?
• To identify issues that affect Clearwater our members • To encourage communication and sharing of best practices • To provide a strong, effective voice for common issues • To champion regional issues to UBCM and senior
governments AGENDA ITEM # 4.A.
• Page 9 of 71 To strive to have the best educated elected officials in BC • To provide professional development and education Osoyoos
Southern Interior Local Government Association (SILGA)Patty ... How will we achieve our goals?
• Meet with all SILGA membership prior to the annual convention. • Engage our membership on issues affecting them. • Encourage our members to submit resolutions for the Peachland annual SILGA convention for discussion and support at the UBCM convention. Kamloops Lake AGENDA ITEM # 4.A.
Page 10 of 71 • Continue to increase communication with senior levels of government.
Southern Interior Local Government Association (SILGA)Patty ... SILGA Successes
• Successfully lobbied to have fire zones monitored within fire regions. • IHA policies on bake sales • Small Community Policing - worked with UBCM to extend grace period for small communities paying for policing. Sun Peaks • Lobbied the province for AGENDA ITEM # 4.A. improved community Sicamous
Page 11 of 71 connectivity – cell phone and high speed internet • Lobbied for amendments to meat processing regulations Southern Interior Local Government Association (SILGA)Patty ... Current Issues SILGA is working on
CORD
• Coroner’s delays • Meat slaughtering restrictions • Rural public transportation Lake Country AGENDA ITEM # 4.A. Page 12 of 71 Southern Interior Local Government Association (SILGA)Patty ... 2013 SILGA Convention
Where? Salmon Arm When? May 1-3, 2013
What are the benefits of attending the convention?
• Gold Star Resolutions AGENDA ITEM # 4.A. • Keynote Speakers Page 13 of 71 • Educational Sessions • Networking Opportunities • Lots of Fun!
Page 14 of 71 Rotary Club 100 Year AnniversaryWolfgang Muhs, President
AGENDA ITEM # 4.B.
Page 15 of 71 “ We make a living by what we get, but we make a life by what we give” - Winston Churchill Rotary Club 100 Year AnniversaryWolfgang Muhs, President
1913 First BC clubs founded in Vancouver (#61) and Victoria (#90)
AGENDA ITEM # 4.B.
Page 16 of 71
Rotary clubs are now found in nearly every community
Rotary Club 100 Year AnniversaryWolfgang Muhs, President
Number of Rotary Clubs in BC in 2012:
147
Number of Rotarians in BC in 2012: AGENDA ITEM # 4.B.
Page 17 of 71 6,744 Rotary Club 100 Year AnniversaryWolfgang Muhs, President
Fundraising for charitable purposes in 2012
Total funds raised by BC clubs: $ 8.5 Million Equals $ 1,300 per member Includes $ 2 Million donations by club members to the Rotary Foundation AGENDA ITEM # 4.B. Page 18 of 71 Rotary Club 100 Year AnniversaryWolfgang Muhs, President
Fundraising for charitable purposes in 2012
Very low administration costs (2-3%) – no paid staff, no office support structure Rotary is in the top tier of charities in BC
Amount does not consider the tens of AGENDA ITEM # 4.B.
Page 19 of 71 thousands of volunteer hours of service provided by Rotarians every year.
Rotary Club 100 Year AnniversaryWolfgang Muhs, President
Rotary Club of Peachland
Founded in 1997 AGENDA ITEM # 4.B. Currently 29 full and 2 honorary members Page 20 of 71 Funds raised for charitable projects in 2012: $ 20,000
Rotary Club 100 Year AnniversaryWolfgang Muhs, President
Rotary Club of Peachland Recent projects in Peachland: Free Downtown WIFI Zone (with Chamber of Commerce) Peace Concerts at the Rotary Pavilion in Heritage Park Ongoing support for Foodbank, Boxing Club, High School, Wellness Centre Seniors Bus Trip AGENDA ITEM # 4.B.
Page 21 of 71 Rotary Club 100 Year AnniversaryWolfgang Muhs, President
Rotary Club of Peachland
Upcoming projects: Extension of WIFI zone to Swim Bay Exercise Trail
International Project (Mexico) AGENDA ITEM # 4.B.
Page 22 of 71 International student exchange
Rotary Club 100 Year AnniversaryWolfgang Muhs, President
To celebrate Rotary’s accomplishments in British Columbia, Rotary clubs are asking their home communities to proclaim the week of February 18-23 “ROTARY WEEK”
AGENDA ITEM # 4.B.
Page 23 of 71 The Rotary Club of Peachland hosts a Business After Hour event with the Chamber of Commerce during that week. Page 24 of 71 AGENDA ITEM # 4.C.
t a a C
About Us - Brief History
- Location
- Facility
- Membership
- Events - Gymkhana
- High School Rodeo
- Other Events
2013 EVENT SCHEDULE April 21 Spring Clean Up April 28 Gymkhana May 26 Gymkhana June 30-July1 Canada Day Barrel Races July 28 Gymkhana August 25 Gymkhana September 22 Gymkhana October 6 Gymkhana October 11-13 High School Rodeo October 27 Fall Clean Up November 3 Pub Night November 16 AGM & Awards Banquet
Jesse Capp – 2013 President and Sandy Chevallier – Rodeo Director & Recording Secretary will be presenting this information.
Peachland Riding ClubSandy Chevallier, Rodeo DirectorJesse C... Page 25 of 71 Page 26 of 71 AGENDA ITEM # 5.A.
THE CORPORATION OF THE DISTRICT OF PEACHLAND
Committee of the Whole Meeting Minutes Held Tuesday, January 22, 2013 at 9:00 a.m. In the Council Chambers – Community Centre
PRESENT: Mayor Fielding, Councillors Hall, Kerbes, Moberg and Schierbeck
CAO Elsie Lemke Corporate Officer Polly Palmer Director of Finance Doug Pryde Director of Operations Joe Mitchell Director of Planning Dave Smith Director of Community Services Cheryl Wiebe
Members of the Public Members of the Media
ABSENT: Councillors Condon and Fortin
CALL TO ORDER The Mayor called the meeting to order at 9:00 a.m.
AMENDMENTS TO Nil. AGENDA
APPROVAL OF THE MOVED by Councillor Schierbeck: AGENDA COTW-01/22/13-001 THAT the agenda for the January 22, 2013 COTW meeting be approved as presented. CARRIED.
PRESENTATIONS AND DELEGATIONS
BC TRANSIT Steve Harvard, Senior Regional Transit Manager-Southern Interior, informed SERVICE COTW of options to improve/optimize the transit service in Peachland. PROPOSALS COTW was advised of the proposed service options:
Short Term (2013-2014): 1. Improve service schedule integration at Westbank Exchange. 2. Introduce direct evening service between Peachland and West Kelowna.
Medium Term (2013/14 to 5 years from now) 1. Introduce weekday peak-only commuter service between Beach Avenue and Westbank Exchange. 2. Introduce new weekday community service between Ponderosa, Trepanier, IGA and Beach Avenue. 3. Introduce peak commuter service and new community service. 4. Introduce handyDART service to Peachland.
COTW Meeting Minutes - January 22, 2013 Page 27 of 71 AGENDA ITEM # 5.A. COTW Meeting Minutes January 22, 2013 Page 2 of 11
BC TRANSIT Other Changes: SERVICE improve reliability of service through adjusting the public timetable to PROPOSALS display inbound and outbound service make public transit more prominent on the District of Peachland's website continue to explore opportunities for a designated park-and-ride facility
Discussion ensued relative to: how the handyDART service operates and why formalizing the schedule is not a viable option Ponderosa service is being monitored for the next 5-year period handyDART service is subsidized by the province the District pays a blended rate of regularly scheduled service and handyDART service the development of a Southern Okanagan Regional Transit Plan enhancing bus stop shelters being a municipal responsibility utilizing an additional bus to provide new weekday community service as well as the handyDART internal service is being linked to a handyDART route punctuality of the services subsidizing a taxi service to coordinate with the bus schedule having public consultation in March to implement service changes in September BC Transit to have a report to Council at the end of March
MOVED by Councillor Kerbes:
COTW-01/22/13-002 THAT COTW receive for information the presentation by BC Transit on options to improve/optimize transit service in Peachland; approve the draft proposals for presentation to the public for further review; and
Direct staff to work with BC Transit to undertake public consultation on the draft report, particularly on all service change proposals in order to prepare the final draft. CARRIED.
WATER USE Tjaart Van den Berg, Landfill Technologies Inc. and Ramon Lawrence, INFORMATION Computer Science, UBC Okanagan provided COTW with information on their INTERFACE FOR Residential Water Demand Calculator project. The delegates were interested RESIDENTIAL to partner with a water service provider that is supportive of residential water CUSTOMERS conservations and where its customers should benefit in using the calculator.
COTW was advised that: the purpose of the Water Use Information Interface is to provide residential customers access to timely and relevant water use information through the internet customers will be able to view how much water they are using, what they are paying for water, and have access to a residential water demand calculator to assist with water conservation the application will be developed by UBC (Okanagan) and Landinfo Technologies Inc. with assistance from the Okanagan Basin Water Board
COTW Meeting Minutes - January 22, 2013 Page 28 of 71 AGENDA ITEM # 5.A. COTW Meeting Minutes January 22, 2013 Page 3 of 11
WATER USE the delegates were seeking a water utility where the application could be INFORMATION tested INTERFACE FOR the cost to the District would be in staff time RESIDENTIAL CUSTOMERS Discussion ensued relative to: (Cont’d) residents being able to monitor their water usage and an average for the neighbourhood, but not other individual consumption Peachland being an ideal community to test this project because of its size many residents in Peachland being older and may not use the computer access to data with be a benefit to the municipality when reviewing the water rates the District having to cover the distribution cost of water in its rates, regardless of water usage highest percentage of water bills is the fixed costs the region being one water basin and the need to conserve water, even though Peachland has a lot of water the use of this technology is completely optional
MOVED by Councillor Schierbeck:
COTW-01/22/13-003 THAT COTW receive for information on the Residential Water Demand Calculator as presented by Tjaart Van den Berg, Landfill Technologies Inc. and Ramon Lawrence, Computer Science, UBC Okanagan; and
THAT COTW recommends that Council approve the District entering into the UBC Okanagan research program that provides water use information interface for Peachland residential customers. CARRIED.
VISITOR'S CENTRE Rob Campbell, Patrick Van Minsel, and Loretta Robinson represented the BUDGET Peachland Chamber of Commerce and Visitor’s Centre in a discussion with COTW regarding a Fee for Service Agreement.
It was noted that: for the past three years under the umbrella of the Peachland Chamber of Commerce, as host delivery organization for the Peachland Visitor’s Centre, the Fee for Service contract with the District of Peachland and the Ministry has made it possible to provide visitor (and resident) services. the Peachland Visitor & Legends of the Lake Interpretive Centre will be focused on visitors seeking an educational and cultural experience through the use of interactive, audio and visual stations and displays the requested budget increase is to facilitate marketing, staffing hours and payroll there are approximately 300 visitors in the Visitor's Centre over the winter months the anticipated number of people coming through the new centre will double less than half of all businesses in Peachland belong to the Chamber the Chamber of Commerce and the Visitor's Centre being separate entities
support for tourism being the best way to help the business community
there is a need to increase the business tax base
COTW Meeting Minutes - January 22, 2013 Page 29 of 71 AGENDA ITEM # 5.A. COTW Meeting Minutes January 22, 2013 Page 4 of 11
VISITOR'S CENTRE there is a need for staff that matches the need for service they want to BUDGET deliver the need to be proactive and prepare for more residents once the new development is complete
Discussion ensued relative to: 100% increase in budget request lack of support for expansion at this time lack of support for increased funding to support additional staff difficult budgeting year with the full policing cost, transit, etc. interest in supporting the Visitor's Centre through alternative means addressing the increase once the new location is open
MOVED by Councillor Moberg:
COTW-01/22/13-004 THAT the presentation by the Peachland Chamber of Commerce regarding a Fee for Service Agreement be received. CARRIED.
The meeting recessed at 10;52 a.m. and reconvened at 11:06 a.m.
ADOPTION OF MINUTES
COTW MINUTES – MOVED by Councillor Schierbeck: JANUARY 8, 2013 COTW-01/22/13-005 THAT the minutes of the January 8, 2013 COTW meeting be adopted as presented. CARRIED.
REPORTS / DISCUSSION
REVITALIZATION Chief Administrative Officer Elsie Lemke briefed COTW on the PEDC TAX EXEMPTION response of January 15, 2014 to the Revitalization Tax Exemption Bylaw 2035. BYLAW 2035 Discussion ensued relative to: changing the recapture amount from 50% of the foregone property taxes, to full amount of forgone taxes of the date of cancellation of the tax exemption certificate that consideration could not be given to waiving the amenity charges as one bylaw cannot put restrictions on another bylaw breach of commitment from the applicant provincial legislation states that local government must establish a "recapture amount"; it could be rewritten but not completely deleted
MOVED by Councillor Schierbeck:
COTW-01/22/13-006 THAT the draft Revitalization Tax Exemption Bylaw No. 2035 be amended by removing wording in Section 9, changing the recapture amount from 50% of the foregone property taxes, to full amount of foregone taxes as of the date of cancellation of the Tax Exemption Certificate. CARRIED.
COTW Meeting Minutes - January 22, 2013 Page 30 of 71 AGENDA ITEM # 5.A. COTW Meeting Minutes January 22, 2013 Page 5 of 11
COMMUNITY Director of Planning and Development Services Dave Smith presented a report AMENITY dated January 15, 2013 recommending a new Community Amenity CONTRIBUTIONS Contributions (CAC) Policy to address the costs associated with funding (CACs) POLICY amenities as a result of anticipated growth.
It was noted that: a new CAC policy would provide for a consistent application to privately- initiated rezoning applications new infrastructure and amenities impose capital and on-going operating cost burdens upon a municipality which are generally funded by property taxes amenity contributions are intended to increase the supply of public benefits in concert with increases in population and employment amenity contributions have been incorporated into recent rezoning applications on a case-by-case basis changes to the policy that were requested at the last meeting have been made the amenity list changing by adding the skate park and future upgrades to the Primary School rather than rehabilitation trying to keep the total dollar value stable
the applicants want all the fees at the application stage for their pro-forma
Discussion ensued relative to:
the amenity list being reviewed every three years when there is a new
Council
the inability to make exceptions on an individual basis as it would
contravene the Community Charter by assisting business
the existing buildings are already getting reduced development cost charges and a reduced tax and amenity charge while the other developments in town do not have these exemptions downtown paying into the CAC and making the funding available to an amenity that is in the downtown area assessing the community amenity charge at the building permit stage the CAC being assessed and collected before Council adopts the rezoning bylaw the CAC being based on the up-lift of land
MOVED by Councillor Schierbeck:
COTW-01/22/13-007 THAT the Revitalization Taxation Exemption Zone be excluded from the Community Amenity Charge. DEFEATED. Mayor Fielding OPPOSED. Councillor Hall OPPOSED. Councillor Kerbes OPPOSED. Councillor Moberg OPPOSED.
MOVED by Councillor Moberg:
COTW-01/22/13-008 THAT COTW recommend that Council pass Community Amenity Contribution Policy as presented at the January 22, 2013 COTW meeting; and,
COTW Meeting Minutes - January 22, 2013 Page 31 of 71 AGENDA ITEM # 5.A. COTW Meeting Minutes January 22, 2013 Page 6 of 11
COMMUNITY THAT Council review the list of amenities during the term of office of a newly AMENITY elected Council, being every three years. CONTRIBUTIONS CARRIED. (CACs) POLICY Councillor Schierbeck OPPOSED. (Cont’d)
WAYFINDING Director of Planning and Development Services presented an information SIGNAGE report dated January 14, 2013, titled "Wayfinding Signage Strategy Update STRATEGY (Policy Development)". UPDATE It was noted that: staff will hold a public consultation meeting with representation from the Peachland Chamber of Commerce late in January or early February the intention is to have a wayfinding signage program ready for implementation by May 2013
Discussion ensued relative to: the month of May being too late for implementation having wayfinding signage in place by March Lake Country is currently implementing a Wayfinding Sign Program Council receiving a report back after consultation with the representatives from the Chamber of Commerce
MOVED by Councillor Moberg:
COTW-01/22/13-009 THAT the information report from the Director of Planning and Development Services dated January 14, 2013, titled "Wayfinding Signage Strategy Update (Policy Development)". be received for information. CARRIED.
5876 MacGREGOR Director of Planning and Development Services Dave Smith, presented a & 5875 VICTORIA report dated January 8, 2013, titled "Minor Subdivision – Lot Line Adjustment STREET within the ALR - 5876 MacGregor and 5875 Victoria Street".
It was noted that: no new lots will be created, however, if approved, a portion of one lot will be part of the Agricultural Land Reserve (ALR) and a split zone of A-! (Rural Agricultural) and R-1 (Single Family Residential) a similar approval was given to the abutting property located at 5868 MacGregor in 1981 a minor subdivision for a lot line adjustment was approved by Council and the ALC did not, at that time, have an objection to the application; However, the approval did not culminate in a split zone of the property the lot line adjustment would not facilitate a subdivision (that would not otherwise be possible)
MOVED by Councillor Schierbeck:
COTW-01/22/13-010 THAT COTW recommend that Council forward comments in support of an application for a minor subdivision [lot line adjustment] within the Agricultural Land Reserve (ALR) affecting two properties – 5876 MacGregor (Lot 4, DL 490, Plan 19705 [non ALR land]) and
COTW Meeting Minutes - January 22, 2013 Page 32 of 71 AGENDA ITEM # 5.A. COTW Meeting Minutes January 22, 2013 Page 7 of 11
5876 MacGREGOR 5875 Victoria Street (Lot 25, DL 490, Plan 125 [ALR land]); and, & 5875 VICTORIA STREET (Cont’d) THAT the application for a minor subdivision is forwarded to the Agricultural Land Commission for their consideration. CARRIED. Councillor Moberg OPPOSED.
DOG PARKS Director of Community Services Cheryl Wiebe presented a report dated January 9, 2013, titled "Dog Parks", seeking direction for the working group to assess the possible dedication and construction of a dog park within Peachland.
It was noted that: there are different dog park strategies that municipalities use the committee is looking for direction to make sure they are going in the right direction
Discussion ensued relative to: opposition to fencing: initial expense and maintenance fencing being a one time expenditure phasing the fencing over time support for providing water requiring more doggy bags and bins support for a short-term and long-term plan developing a strategy visiting potential sites
MOVED by Councillor Kerbes:
COTW-01/22/13-011 THAT the COTW recommends that Council support the proposed dog off-leash area guidelines as well as a multi-year strategy for improving access and availability of off-leash areas in Peachland, to be considered for future budget years. CARRIED.
REQUEST FOR Chief Administrative Officer Elsie Lemke presented a report dated VARIANCE TO January 9, 2013 titled "Request for Variance to Memorial Marker Size", MEMORIAL seeking approval for an oversize marker to be installed in Grave Plot 145. MARKER SIZE It was noted that: the site has been inspected and there are no concerns about being able to place the size of marker requested variance requests have been sought in cases where a companion marker is requested to match a marker placed many decades ago
MOVED by Councillor Shierbeck:
COTW-01/22/13-012 THAT COTW recommends to Council that approval be granted to vary the memorial marker size to 12” x 20” for Mrs. Tarrant, Grave Plot 145. CARRIED.
COTW Meeting Minutes - January 22, 2013 Page 33 of 71 AGENDA ITEM # 5.A. COTW Meeting Minutes January 22, 2013 Page 8 of 11
PRIMARY SCHOOL Chief Administrative Officer Elsie Lemke presented a report dated - MANAGEMENT January 16, 2013, titled "Management and Operating Agreements - Primary AND OPERATING School", seeking approval to enter into the Management and Operating AGREEMENTS Agreement with the Okanagan Boys and Girls Club as well as the Chamber of Commerce.
It was noted that: the five-year agreement provides for the Peachland Chamber of Commerce and the Okanagan Boys and Girls Club to co-manage and operate the Primary School costs will remain the same as in previous years for the Boys and Girls Club costs for the Chamber of Commerce and the Visitor Information Centre are to be finalized by Council the Chamber and the Boys and Girls Club will have a co-management agreement between them
Discussion ensued relative to: would like a financial statement from the Boys and Girls Club at the end of December 2013 before approving the budget amount these agreements can be cancelled with 6 month notice by either party Boys and Girls Club will be able to operate the way they have been for the next 5 years
$56,000 of the Boys and Girls Club budget goes directly to the payment of
the Youth Worker which is 90% and the rest goes to supplies
in recent years they have been using a mobile service now they will be
moving into the Primary School
the northwest corner was to be used as a public room managed by the co-
managers
prefer that the basement be managed by District staff - that is the way it is a one year agreement was proposed both groups are investing their own funding in order to move into the building there has been a process in identifying the Chamber of Commerce/Tourist Centre and the Boys and Girls Club as the best tenants to meet the needs of the community previous concerns of the Boys and Girls Club was based on not having a home location the movement of the several Boys and Girls Club youth workers was due to the employee moving forward in their careers
MOVED by Councillor Hall:
COTW-01/22/13-013 THAT COTW recommends that Council amend the Management and Operating Agreements with the Okanagan Boys and Girls Club and the Peachland Chamber of Commerce by reducing the term from five-years to three-years. DEFEATED. Mayor Fielding OPPOSED. Councillor Moberg OPPOSED. Councillor Schierbeck OPPOSED.
COTW Meeting Minutes - January 22, 2013 Page 34 of 71 AGENDA ITEM # 5.A. COTW Meeting Minutes January 22, 2013 Page 9 of 11
PRIMARY SCHOOL MOVED by Councillor Hall: - MANAGEMENT AND OPERATING COTW-01/22/13-014 THAT COTW recommends that Council amend the AGREEMENTS Management and Operating Agreements with the Okanagan Boys and Girls (Cont’d) Club and the Peachland Chamber of Commerce to reconsider their budget each year and the contract amount be removed from the contract. DEFEATED. Mayor Fielding OPPOSED. Councillor Moberg OPPOSED. Councillor Schierbeck OPPOSED.
MOVED by Councillor Schierbeck:
COTW-01/22/13-015 THAT COTW recommends that Council approve entering into the Management and Operating Agreement with the Okanagan Boys and Girls Club, replacing the current agreement which expires December 31, 2013 and further
THAT COTW recommends that Council approves entering into the Management and Operating Agreement with the Peachland Chamber of Commerce, subject to finalizing the annual compensation. CARRIED. Councillor Hall OPPOSED. Councillor Kerbes OPPOSED.
REVENUE Director of Finance Doug Pryde presented a report dated January 15, 2013, ANTICIPATION titled "2013 Revenue Anticipation Borrowing Bylaw", seeking first, second and BORROWING third reading consideration of the bylaw. BYLAW NO. 2044, 2013 It was noted that: the bylaw authorizes the District to establish borrowing power equal to 75% of all taxes imposed by the municipality for all purposes in the preceding year the Community Charter requires Council to adopt a bylaw reauthorizing the Revenue Anticipation Borrowing Bylaw
MOVED by Councillor Schierbeck:
COTW-01/22/13-016 THAT the COTW recommends that Council give Revenue Anticipation Borrowing Bylaw No. 2044, 2013 first, second and third reading. CARRIED.
SOUTH RENFREW Director of Operations Joe Mitchell presented an information report dated ROAD - SIGNAGE January 16, 2013, titled "South Renfrew Road - Signage Update". The traffic UPDATE operation of Renfrew Road (south of Sherburn Road) was posed at the November 27, 2012 COTW meeting. An Information Report was brought to COTW on December 11, 2012 suggesting that South Renfrew Road be limited to one way traffic. COTW requested that staff report back with signage indicating that South Renfrew Road is a one lane narrow road.
COTW Meeting Minutes - January 22, 2013 Page 35 of 71 AGENDA ITEM # 5.A. COTW Meeting Minutes January 22, 2013 Page 10 of 11
SOUTH RENFREW It was noted that: ROAD - SIGNAGE all of the sign options could be installed at very little cost and in short order UPDATE (Cont’d) staff would wait for the snow to melt to install the delineators to ensure they are placed at an appropriate spacing and are adequately buried in competent material the cost of street signs are approximately $75 each and some can be mounted on existing posts onsite an additional post would be necessary in each direction to not clutter the signs at an approximate cost of $100 each
Discussion ensued relative to support the purposed signs.
Councillor Schierbeck left the meeting at 12:35 p.m.
MOVED by Councillor Moberg:
COTW-01/22/13-017 THAT the information report from the Director of Operations dated January 16, 2013, titled "South Renfrew Road - Signage Update", be received for information. CARRIED.
Councillor Schierbeck returned to the meeting at 12:30 p.m.
COTW recessed at 12:38 p.m. and reconvened at 1:53 p.m.
BUDGET Director of Doug Pryde presented the 2012 Capital carry-overs. These capital DELIBERATIONS projects have been approved and have been started:
Princeton Corridor Report - over half completed Highway Entrance Signs - solar power lighting - remove from budget Road Rehabilitation Program Storm Water Infrastructure Improvements - a plan will be submitted in February Landscaping Infrastructure Construction by Treegroup Fire Hall Concept Webcasting of District Meetings
Primary School Upgrade - Grant Approval
Downtown Garbage and Recycling Containers
Walkway Ponderosa to Clements - hasn't been started yet
Repair of Waterfront Infrastructure Skate and Bike Park - finish landscaping
2013 Capital Budget Road Rehabilitation Program 2013 - three roadways will require more expensive reconstruction suited for industrial/commercial traffic o McDougald Road - no support o Pierce St. and Pierce Place - support industrial standard o Thorne Road - only support if Regional District contribute to cost Two additional roads consist of gravel surfaces o Drought Road - no support o Bulyea Ave - no support
COTW Meeting Minutes - January 22, 2013 Page 36 of 71 AGENDA ITEM # 5.A. COTW Meeting Minutes January 22, 2013 Page 11 of 11
BUDGET Equipment-Dump Truck/Snowplow - how much is a lease option for a DELIBERATIONS period of time and return them? (Cont’d) Water Line/Services Replacements - Lipsett Avenue and other problem areas with galvanized waterline Community Centre Technical Study - Facility Assessment and Building Code Review
The next budget meeting will be held on Tuesday, February 5, 2013.
OTHER BUSINESS
Nil.
ADJOURNMENT
MOVED by Councillor Moberg:
COTW-01/22/13-019 THAT the COTW meeting held January 22, 2013 be adjourned at 2:54 p.m. CARRIED.
Certified Correct.
Mayor Corporate Officer
Dated at Peachland, B.C.
This 12th day of February, 2013.
COTW Meeting Minutes - January 22, 2013 Page 37 of 71 Page 38 of 71 AGENDA ITEM # 6.A.
COTW BRIEFING Date: February 7, 2013
TO: Mayor & Council
FROM: Elsie Lemke, Chief Administrative Officer
SUBJECT: Late Civic Grant Application – Dancin’ Barefoot Music Festival
Dancin’ Barefoot submitted a Civic Grant application in 2012, which missed the grant application deadline by a few months. In March of 2012, Council passed the following resolution:
“THAT Council provides the same amount of funding assistance as what was approved in 2011 to the Dancin’ Barefoot in the Park festival society; and
THAT Council provides notice to the society that unless a plan is put in place which is acceptable to Council and presented by the end of September 2012, that further support in subsequent years will not be forthcoming.”
The organizers were advised of this resolution in a letter dated April 2, 2012, and another letter was sent to them in November, 2012 approving their Special Event application, and noting that they had not submitted a request for a civic grant.
In 2011 and 2012, the festival was provided funding in the value of $3,000, for the rental of portable toilets, facility rental fees and garbage removal fees. Staff also provided safety vests, pylons, road barriers, and some tables and chairs when available.
Dancing Barefoot Music Festival Civic Grant Application Page 39 of 71 Page 40 of 71 AGENDA ITEM # 6.A.
4203 6th Ave Peachland, BC VOH 1X5 (250)899-2282
District of Peachland 5806 Beach Ave Peachland, BC V0H 1X7
January 29, 2013
Dear Mayor Fielding and Council Members,
Dancin’ Barefoot Music Festival is seeking continued support for their 5th Annual event held on July 20, 2013. As in the past, the District of Peachland has supported our event with the use of the facility free of charge as well as funding the porta potties. Without the District of Peachland’s valuable support, Dancin’ Barefoot Music Festival would not be able to host this music event and we are requesting the same support in 2013 as previous years.
Each year we have made changes to support our local community and try to meet their needs. Several key items that were changed immediately upon Councils request as well as trying to increase traffic flow were the following: Change “no in and out” policy Become registered society Free admission for Teen Talent Competition
New to 2013 to increase awareness of our event: Marketing with Ryan Donn Marketing with Castanet Continued support from Astral Media Shuttle service from Todd’s Tent and RV & other Westbank Accom.
We are passionate about representing Peachland with the most respect and dignity. With Dancin’ Barefoot Music Festival, Peachland is spoken about in many different areas of the valley through many marketing avenues such as Astral Media, Facebook, Twitter, Castanet, newspapers, online news, poster’s from Penticton to Vernon, black letter signs, and word of mouth through local artists, vendors, teens and patrons. Also, by bringing in a headliner, we have the loyal fans coming from Alberta and Vancouver as well as different agencies from Toronto to Vancouver trying to book their artists at our venue. Again, this all draws attention to the District of Peachland and we believe in our community and are faithful that our event goals will be fulfilled.
Please consider our requests for the 2013 year as without your continued community support, our vision for this event would not be possible.
We look for to your response at your earliest convenience.
Respectfully,
Patricia Cheyne Producer Dancin’ Barefoot Music Festival
Dancing Barefoot Music Festival Civic Grant Application Page 41 of 71 Page 42 of 71 Civic Grants
CIVIC GRANT APPLICATIONS – SUMMARY & CRITERIA EVALUATION November 2012
GRANT CURRENT LOCAL & MAJORITY REQUESTED ORGANIZATION BASED IN WITH APPLIED TO MIN. 6 MOS. AREA ARE VOTING (MAX. $1,000 NAME PEACHLAND LICENSING OTHER OPERATION MEMBERSHIP MEMBERS UNLESS AUTHORITY EXEMPTED *)
Peachland Citizens’ Yes Yes Yes N/A No No $2,500 Patrol (not registered) (Exempt)
$1,750.00 Peachland Community Yes Yes Yes N/A No No (Exempt) Policing Office (not registered)
Peachland Historical Yes Yes Yes Yes Yes Yes $ 9,756.36 Society (Exempt)
$8,000 Ambassador Society Yes Yes Yes N/A Yes No (Exempt)
Peachland Community No AGENDA ITEM # 6.B. Arts Council Yes Yes Yes Yes Yes (will apply in the $1,000 next grant
Page 43 of 71 period of May 30th)
No Peachland Sowers & Yes Yes Yes Yes members of No $1,000 Growers – Rose Show Peachland Arts Council Civic Grants
CIVIC GRANT APPLICATIONS – SUMMARY & CRITERIA EVALUATION November 2012 – Page 2
GRANT CURRENT LOCAL & MAJORITY REQUESTED BASED IN WITH APPLIED TO MIN. 6 MOS. AREA ARE VOTING (MAX. $1,000 ORGANIZATION PEACHLAND LICENSING OTHER OPERATION MEMBERSHIP MEMBERS UNLESS NAME AUTHORITY EXEMPTED *)
The Bridge Youth & Yes Yes N/A N/A Yes Yes $1,000 Family Services – Peachland Creative Playtime Program
Peachland Boxing Club Yes Yes Yes N/A Yes No 1,000
AGENDA ITEM # 6.B. Page 44 of 71
Updated December 4, 2012 AGENDA ITEM # 6.C.
District of Peachland Information Report
To: Mayor and Council From: Planning and Development Services Department Date: February 1, 2013 Subject: Ownership of BC Hydro Lights
General:
To inquire with BC Hydro regarding any plans the corporation may have regarding the installation of energy efficient street lighting.
Background:
At the January 8, 2013 meeting of the COTW it was resolved,
“THAT the Mayor’s Task Force on Climate Change follow up with BC Hydro with respect to their implementation schedule of energy efficient street lights”.
Discussion:
Representation from BC Hydro has advised that their current capital plan does not include replacing current street lighting with LED technology. However, it was noted that even though it is not currently in the capital plan it is difficult to assess whether or not this may change in the future. BC Hydro just recently held a Workshop on January 28th in Burnaby, B.C. titled, “A Brighter Tomorrow Training Workshop: LED streetlighting in British Columbia”. This suggests that BC Hydro is looking into LED streetlighting. How this may affect BC Hydro policy and subsequent budgeting in the future is difficult to say. Staff will continually monitor the situation as part of the Corporate Energy Management Plan. Upon any changes in BC Hydro policy staff will provide that information to Council.
BC Hydro Installation of Energy Efficient Lighting Page 45 of 71 Page 46 of 71 AGENDA ITEM # 6.D.
District of Peachland
Request for Decision
To: COTW From: Elsie Lemke, CAO Date: January 22, 2013 Subject: Appointment of Legal Service Provider - 2013 Recommendation: That COTW recommends that Council appoints the law firm Young Anderson & Associates for provision of professional legal services to the District of Peachland for 2013.
Implications of Recommendation:
General: The appointment for professional legal services is done annually and provides continuity for our legal advice needs.
Organizational: The appointment remains consistent with the past few years. Financial: Set by annual budget. Policy: N/A Strategic Plan: N/A
BACKGROUND: The appointment of major service providers is intended to provide consistency and efficiency in procurement of the District’s professional service needs. Auditors, financial services, and engineering services have been appointed previously.
We do not normally seek competitive proposals for our legal services or banking services.
REPORT/DOCUMENT: Attached: x Available: Nil:
OPTIONS: 1. Council could choose to support the recommendation. 2. Council could refer the matter back to staff or committee for further discussion. 3. Council could choose not to support the recommendation.
Appointment of Legal Service Provider - 2013 Page 47 of 71 Page 48 of 71 AGENDA ITEM # 6.E.
District of Peachland Request for Decision
To: COTW From: Joe Mitchell, Director of Operations Date: February 1, 2013 Subject: OBWB Grant Project Application 2013 Recommendation: THAT COTW recommend to Council to pass a resolution for staff to seek opportunities through the 2013 OBWB grant program to further the WEAP project and Drought Management Planning
Implications of Recommendation:
General: this project is an important tool for coping with future climate changes and Drought Management planning Organizational: assist in Drought Management Planning and help make important day-to-day operational decisions Financial: would like to seek a $ 27,000 grant for the $ 35,000 project ($8,000 are in-kind contribution towards project management and equipment – no impact to operating or capital budgets) This project will only be undertaken if the District receives the grant money from OBWB Policy: n/a
BACKGROUND: The District of Peachland received OBWB (Okanagan Basin Water Board) grant money in 2012 for a WEAP (Water Evaluation And Planning) modeling. Using the 2012 Peachland Creek WEAP Model an operational plan, drought management plan, and a sensitivity analysis will be completed. The operational plan will determine the best way to optimize operation of the Peachland Creek system to meet demands and other flow requirements under normal supply conditions. Drought scenarios will be developed for the current project to determine the most appropriate trigger for implementing water restrictions. The objective will be to let the upland storage level drop as low as possible before imposing each subsequent stage of restrictions without dipping into emergency storage. This drought management plan will be tested using two drought conditions - a single 100 year drought and a three year drought. A sensitivity analysis will be used to represent the uncertainty associated with the climate change assumptions already reflected in the current OBWB model data. Potential
OBWB Grant Project Application 2013 Page 49 of 71 AGENDA ITEM # 6.E.
climate change impacts could significantly affect watershed yields for both average and drought conditions. OBWB has expressed interest to build on the 2012 WEAP program to deliver the following: 1. Written Operational Plan, based on normal hydrology 2. Written Drought Management Plan, based on two drought conditions - single 100 year and three consecutive "dry" years. 3. Written report summarizing the sensitivity of the Peachland Creek supply / demand balance to potential climate change.
REPORT/DOCUMENT: Attached: Available: Nil: x
OPTIONS: 1. COTW COULD CHOOSE TO ACCEPT THE RECOMMENDATION 2. COTW COULD CHOOSE TO NOT ACCEPT THE RECOMMENDATION 3. COTW COULD CHOOSE TO REFER IT BACK TO STAFF FOR THEIR CONSIDERATION
OBWB Grant Project Application 2013 Page 50 of 71 AGENDA ITEM # 6.F.
District of Peachland Request for Decision
To: COTW From: Elsie Lemke, CAO Date: January 31, 2013 Subject: Revitalization Tax Exemption Bylaw Recommendation: THAT Revitalization Tax Exemption Bylaw No. 2035, 2012 be given 1st, 2nd and 3rd reading.
Implications of Recommendation:
General: Provides for a Revitalization Tax Exemption (RTE) program to encourage redevelopment of the downtown, based on the Sustainable Downtown Peachland Plan. Organizational: Will require multi-departmental processes and to be established, including Finance, Corporate Services and Development Services. Financial: Costs will be absorbed in-house for administration of the Revitalization Tax Exemption Bylaw. Value of tax exemptions depends on the uptake of qualified applicants. Policy: OCP – Sustainable Downtown Peachland Plan and Economic Impact Analysis Report support the need for downtown revitalization. Strategic Plan: 2012 Strategic Plan identified downtown revitalization as a Council priority.
BACKGROUND: A Revitalization Tax Exemption Bylaw has been before Council a number of times over the past year and has been the benefit of comments from the Peachland Economic Development Committee throughout. The current version includes the recommendations made by COTW at their January 22nd, 2013 meeting, as follows:
“That the draft Revitalization Tax Exemption Bylaw No. 2035 be amended by removing wording in Section 9, changing the recapture amount from 50% of the foregoing property taxes, to full amount of foregoing taxes as of the date of cancellation of the Tax Exemption Certificate.”
The Community Charter, Section 226 (6)(a) requires that before a revitalization program bylaw is adopted, notice of the proposed bylaw must be given, and Council must consider the bylaw in conjunction with the objectives and policies set out in its financial plan under use of permissive tax exemptions.
Council adopted an amendment to the Financial Plan Bylaw in fall of 2011, which established objectives and policies consistent with the proposed Revitalization Tax Exemption bylaw.
Public notice will take place after Council gives 1st, 2nd and 3rd reading, and before it is given final adoption.
Revitalization Tax Exemption Bylaw No. 2035, 2012 Page 51 of 71 AGENDA ITEM # 6.F.
REPORT/DOCUMENT: Attached: X Available: Nil:
OPTIONS: 1. COUNCIL CAN SUPPORT THE RECOMMENDATION. 2. COUNCIL CAN MAKE AMENDMENTS TO THE RECOMMENDATION. 3. COUNCIL CAN REQUEST ADDITIONAL INFORMATION OF STAFF PRIOR TO PASSING A RESOLUTION.
Revitalization Tax Exemption Bylaw No. 2035, 2012 Page 52 of 71 AGENDA ITEM # 6.F.
THE CORPORATION OF THE DISTRICT OF PEACHLAND
BYLAW No. 2035, 2012
A Bylaw to provide for a revitalization tax exemption ______
WHEREAS the Council of the District of Peachland may, by bylaw, provide for a revitalization tax exemption program in accordance with Section 226 of the Community Charter;
AND WHEREAS Council wishes to establish a revitalization tax exemption program to encourage property investment and revitalization in the Revitalization Area;
AND WHEREAS Council’s objective is to stimulate and reinforce development initiatives in the Revitalization Area by promoting property investment within the Beach Avenue South and Waldo Way South precincts (as identified in the Sustainable Downtown Peachland Plan) and to reinforce the District’s investment in infrastructure upgrades and beautification projects;
AND WHEREAS Council has designated the Revitalization Tax Exemption Area pursuant to the District of Peachland’s Official Community Plan, Sustainable Downtown Peachland Plan;
AND WHEREAS the Community Charter provides that a revitalization tax exemption program bylaw may only be adopted after notice of the proposed bylaw has been given in accordance with Section 227 of the Community Charter;
NOW THEREFORE, the Council of the District of Peachland, in open meeting assembled, enacts as follows:
INTERPRETATION
1. In this bylaw:
“Agreement” means a revitalization tax exemption agreement, as set out in Schedule “B” attached hereto and forming part of this Bylaw, between the owner of a property located in the Revitalization Area as set out on Schedule “A” attached hereto and forming part of this Bylaw;
“Assessed Value” will have the same meaning as set out in the Assessment Act;
“Base Amount” means an assessed value of land and improvements used to calculate municipal property tax payable (excluding specified area levies) on a Property located in the Revitalization Area during the Base Amount Year;
“Base Amount Year” means the calendar year prior to the first calendar year in respect of which an Agreement applies to a property in the Revitalization Area and/or the calendar year in which the Revitalization Tax Exemption Certificate is issued;
“District” means the District of Peachland;
Revitalization Tax Exemption Bylaw No. 2035, 2012 Page 53 of 71 AGENDA ITEM # 6.F. Bylaw No. 2035 Page 2
“Corporate Officer” means the Corporate Officer of the District of Peachland;
“Council” means the Council of the District of Peachland;
“Owner” means the legal registered owner and any subsequent owner of the Property or any parts into which the Property is subdivided, and includes any person who is a registered owner in fee simple of the Property from time to time;
“Property” means the legally described land and improvements to which a Revitalization Tax Exemption is applied for and as legally described in the Agreement;
“Revitalization Area” means an area designated and set out on Schedule “A” attached hereto and forming part of this Bylaw;
“Revitalization Tax Exemption” means a revitalization tax exemption pursuant to a Revitalization Tax Exemption Certificate;
“Revitalization Tax Exemption Certificate” means a revitalization tax exemption pursuant to this Bylaw;
2. There is established a revitalization tax exemption program which includes the following:
a) Revitalization Tax Exemptions authorized under this Bylaw applies to:
(i) the construction of a new improvement where the construction has a value in excess of $50,000.00, and; (ii) the alteration of an existing improvement where the alteration has a value in excess of $50,000.00;
where the property is located within the Revitalization Area as set out on Schedule “A” attached hereto and forming part of this Bylaw.
b) Any construction of a new improvement or alteration of an existing improvement as outlined in Section 2 a) of this Bylaw undertaken prior to the application for a Revitalization Tax Exemption will not be eligible for consideration.
c) The maximum Revitalization Tax Exemption authorized under this Bylaw must not exceed the increase in the assessed value of the improvements on the Property between:
(i) The calendar year before the construction or alteration began, as outlined under Section 2 a) of this Bylaw; and (ii) The calendar year in which the construction or alteration as outlined under Section 2 a) of this Bylaw is completed.
d) The Property’s assessed value of improvements must not be reduced below the amount assessed in the calendar year prior to construction or alteration, as outlined in Section 2 a) of this Bylaw, as a result of the Revitalization Tax Exemption.
Revitalization Tax Exemption Bylaw No. 2035, 2012 Page 54 of 71 AGENDA ITEM # 6.F. Bylaw No. 2035 Page 3
e) Any construction of a new improvement or alteration of an existing improvement must be commenced on or before December 31, 2016, and completed, with an occupancy permit if applicable, by December 31, 2018.
f) The maximum term of a Revitalization Tax Exemption is contingent on when the Revitalization Tax Exemption Certificate for the Property is issued by the District pursuant to this Bylaw and the Agreement:
(i) if the construction or alterations as outlined in Section 2 a) of this Bylaw have commenced on or before October 31 and will be assessed on the subsequent year’s assessment roll, then the Revitalization Tax Exemption Certificate will be issued one (1) year and a subsequent Revitalization Tax Exemption Certificate will be issued for the next four (4) years. For commercial projects, a single renewal for a term of an additional five (5) years will be issued;
(ii) if the construction or alterations as outlined in Section 2 a) of this Bylaw have commenced and been completed on or before October 31 and will be assessed on the subsequent year’s assessment roll, then the Revitalization Tax Exemption Certificate will be issued for five (5) years. For commercial projects, a single renewal for a term of an additional five (5) years will be issued.
g) The amount of Revitalization Tax Exemptions authorized under this bylaw to calculate the general municipal property tax payable (excluding specified area levies) is equal to any increase in the assessed value of improvements on the Property attributed to construction or alterations as outlined in Section 2 a) of this Bylaw (hereinafter referred to as the Total Amount) and is as follows:
For commercial projects:
(i) Year 1 – 5 Total Amount
(ii) Year 6 Total Amount less 20%
(iii) Year 7 Total Amount less 40%
(iv) Year 8 Total Amount less 60%
(v) Year 9 Total Amount less 80%
(vi) Year 10 Total Amount less 100% - No Revitalization Tax Exemption – the Property is fully taxable.
For multi-family residential projects:
(i) Year 1 – 5 50% of the municipal property taxes
3. The kinds of property revitalization that will be eligible for a Revitalization Tax Exemption under this Bylaw will be limited to property zoned commercial, or used or intended to be used for
Revitalization Tax Exemption Bylaw No. 2035, 2012 Page 55 of 71 AGENDA ITEM # 6.F. Bylaw No. 2035 Page 4
commercial purposes, and multi-family residential properties, in the Beach Avenue South and Waldo Way South precincts.
4. This Bylaw does not apply to a property unless:
a) The property is located in the Revitalization Area shown on Schedule “A” attached hereto and forming party of this Bylaw; and
b) The Owner of the property has entered into an Agreement with the District as set out in Schedule “B” attached hereto and forming part of this Bylaw.
5. Where a property is partially within the Revitalization Area, this Bylaw shall apply where at least 50% of the property lies within the Revitalization Area.
6. Once the conditions established under this Bylaw and the Agreement as set out in Schedule “B” attached hereto and forming part of this Bylaw, have been met, a Revitalization Tax Exemption Certificate must be issued for the Property.
7. The Revitalization Tax Exemption Certificate must, in accordance with the conditions established in this Bylaw and the Agreement set out in Schedule “B” attached hereto and forming part of this Bylaw, specify the following:
a) the amount of Revitalization Tax Exemption or the formula for determining the Revitalization Tax Exemption;
b) the term of the Revitalization Tax Exemption;
c) the conditions on which the Revitalization Tax Exemption is provided; and
d) that a recapture amount is payable if the Revitalization Tax Exemption Certificate is cancelled and how that amount is to be determined.
8. If an Owner wants to apply for a Revitalization Tax Exemption under the Bylaw, the Owner must apply to the Director of Planning and Development Services in writing and must submit the following with the application:
a) a certificate that all taxes assessed and rates, charges, and fees imposed on the Property have been paid and where taxes, rates or assessments are payable by installments, that all installments owing at the date of the certificate have been paid; the provision for Development Cost Charge instalments shall be pursuant to Section 933 of the Local Government Act and Regulation 166/84;
b) a completed written application as per Schedule “C” attached hereto and forming part of this Bylaw;
c) a description of the construction or alteration as outlined in Section 2 a) of this Bylaw, that would be eligible under the Bylaw for a Revitalization Tax Exemption;
Revitalization Tax Exemption Bylaw No. 2035, 2012 Page 56 of 71 AGENDA ITEM # 6.F. Bylaw No. 2035 Page 5
d) an examination fee in the amount of $250.00; and
e) a copy of the Agreement as set out in Schedule “B” attached hereto and forming part of this Bylaw, duly executed by and on behalf of the Owner.
9. In the event that the conditions under which a Revitalization Tax Exemption Certificate was issued are no longer met by the Owner, as set out in Section 10 of this Bylaw, the Owner must pay to the District a recapture amount of the foregone property taxes of the following applicable percentage of the total Revitalization Tax Exemptions obtained under this Bylaw:
a) Years 1 to 10 50%
10. A Revitalization Tax Exemption Certificate will be cancelled if:
a) the Owner breaches any covenant or condition of this Bylaw or the Agreement set out in Schedule “B” attached hereto and forming part of this Bylaw;
b) the Owner has allowed the property taxes to go into arrears or to become delinquent; or
c) the property is put to a use that is not permitted in the commercial zones.
11. The Corporate Officer is hereby authorized to execute the documentation necessary to give effect to the provisions of this Bylaw, including the Agreement set out in Schedule “B” attached thereto and forming part of this Bylaw.
12. If any section or phrase of this Bylaw is for any reason held to be invalid by a decision of any Court of competent jurisdiction, it shall be severed and the invalidity of the remaining provisions of this Bylaw shall not be affected.
13. Any enactments referred to herein is a reference to an enactment of British Columbia and regulations thereto, as amended, revised, consolidated or replaced from time to time.
14. This Bylaw shall come into full force and effect upon adoption of same.
15. This Bylaw may be cited as “District of Peachland Revitalization Tax Exemption Bylaw No. 2035. 2013”
READ A FIRST TIME, this day of , 2013.
READ A SECOND TIME, this day of , 2013.
READ A THIRD TIME, this day of , 2013.
FINALLY RECONSIDERED AND ADOPTED, this day of , 2013.
Revitalization Tax Exemption Bylaw No. 2035, 2012 Page 57 of 71 AGENDA ITEM # 6.F. Bylaw No. 2035 Page 6
______Mayor Corporate Officer
Dated at Peachland, B.C. This day of , 2013
Revitalization Tax Exemption Bylaw No. 2035, 2012 Page 58 of 71 Revitalization Tax Exemption Bylaw No. 2035, 2012
Bylaw No. 2035 Page 7
AGENDA ITEM # 6.F.
Page 59 of 71
Schedule “A” to Bylaw No. 2035 - Revitalization Area
AGENDA ITEM # 6.F. Bylaw No. 2035 Page 8
SCHEDULE “B”
BYLAW NO. 2035
Revitalization Tax Exemption Agreement
This Agreement dated for reference the ______day of ______, 20____.
BETWEEN
Name and Address of Owner (hereinafter called the Owner)
OF THE FIRST PART AND
The District of Peachland (hereinafter called the District) 5806 Beach Avenue Peachland, BC V0H 1Z7 OF THE SECOND PART
WHEREAS the District has under the Bylaw defined in this Agreement established a revitalization tax exemption program for the purpose of encouraging revitalization of an area of the municipality;
AND WHEREAS Council’s objective is to stimulate and reinforce development initiatives in the Revitalization Area by promoting property investment within the Beach Avenue South and Waldo Way South precincts (as identified in the Sustainable Downtown Peachland Plan) and to reinforce the District’s investment in infrastructure upgrades and beautification projects;
AND WHEREAS the Property that is the subject of this Agreement is located in an area designated by the District Council as a Revitalization Area legally described as ______(hereinafter referred to as the Property);
AND WHEREAS the Owner is a registered Owner in fee simple of the Property defined in this Agreement;
AND WHEREAS this Agreement contains the terms and conditions respecting the provision of a Revitalization Tax Exemption under the Bylaw defined in this Agreement;
AND WHEREAS the Property that is subject of this Agreement is zoned commercial (or used for commercial purposes when it is part of a Comprehensive Development Zone) or multi-family and shall remain zoned commercial (or used for commercial purposes) or multi-family as applicable, for the duration of this Agreement;
AND WHEREAS the Owner and the District wish to enter into this Agreement.
Revitalization Tax Exemption Bylaw No. 2035, 2012 Page 60 of 71 AGENDA ITEM # 6.F. Bylaw No. 2035 Page 9
THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements contained in this Agreement and the payment by the Owner to the District consideration in the amount of $10.00 (ten) Dollars, the receipt and sufficiency of which are acknowledged by the District, the District and Owner covenant and agree with each other as follows:
DEFINITIONS
1. In this Agreement the following words have the following meanings:
“Agreement” means this Agreement, including the standard charge terms contained in this Agreement;
“Assessed Value” means the most recent assessed value of the Property as determined by the BC Assessment Authority in the area in which the Property is located; if such value is not available then the assessed value means the highest price in terms of money that the real property will fetch under all conditions requisite to a fair sale with the buyer and seller, each acting prudently, knowledgeable and assuming the price is not affected by undue stimulus as estimated by a real estate appraiser accredited in the jurisdiction in which the Property is located;
“Bylaw” means “District of Peachland Revitalization Tax Exemption Bylaw No. ____” in force from time to time;
“Council” means the Council of the District of Peachland;
“Owner” means the legal registered owner and any subsequent owner of the Property or any parts into which the Property is subdivided, and includes any person who is a registered owner in fee simple of the Property from time to time;
“Property” means the legally described land and improvements to which a Revitalization Tax Exemption is applied for and as legally described in the Agreement.
TERM
2. The Owner covenants and agrees with the District that the term of this Agreement is:
a) 5 years commencing on January 1 of the first calendar year after the calendar year that the Revitalization Tax Exemption Certificate is issued.
b) For commercial projects only, a renewal term of an additional 5 years at the election of the Owner.
RENEWAL
3. The Owner of commercial projects must make application to the District for a renewal by October 31 in the year prior to the year in which the Revitalization Tax Exemption is requested to qualify for a renewal for the additional 5 years referred to in 2 b) above.
Revitalization Tax Exemption Bylaw No. 2035, 2012 Page 61 of 71 AGENDA ITEM # 6.F. Bylaw No. 2035 Page 10
APPLICATION IMPROVEMENTS
4. The Revitalization Tax Exemption authorized under the Bylaw applies to:
a) Construction of a new improvement where the value of the construction referred to in the building permit is in excess of $50,000.00; or
b) Alteration of an existing improvement, where the value of the alteration referred to in the building permit is in excess of $50,000.00.
Any construction of a new improvement or alteration of an existing improvement as outlined in this section that is undertaken prior to the application for a Revitalization Tax Exemption will not be eligible for consideration.
REVITALIZATION TAX EXEMPTION CERTIFICATE 5. a) Once the Owner has completed the construction of the new improvement or alteration of an existing improvement referred to in Section 4 of this Agreement and the District has issued an Occupancy Permit under the District’s Building Regulation Bylaw, in force from time to time, in respect of the new improvement or alteration of an existing improvement, the District must issue a Revitalization Tax Exemption Certificate to the Owner of the Property if the Owner and the Property are otherwise in compliance with this Agreement. b) A Revitalization Tax Exemption Certificate must, in accordance with the Bylaw and this Agreement, specify the following: i) the amount of the Revitalization Tax Exemption or the formula for determining the Revitalization Tax Exemption;
ii) the term of the Revitalization Tax Exemption;
iii) the conditions on which the Revitalization Tax Exemption is provided; and
iv) that a recapture amount is payable if the Revitalization Tax Exemption Certificate is cancelled and how that amount is to be determined.
REVITALIZATION TAX EXEMPTION
6. So long as a Revitalization Tax Exemption Certificate in respect of the Property has not been cancelled, the Property is exempt, to the extent, for the period and subject to the conditions provided in the Revitalization Tax Exemption Certificate, from municipal property taxation (excluding specified area levies).
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7. The maximum Revitalization Tax Exemption authorized under this Bylaw must not exceed the increase in the assessed value of the improvements on the Property between: a) the calendar year before the construction or alteration began, as outlined in Section 4 of this Agreement; and b) the calendar year in which the construction or alteration as outlined in Section 4 of this Agreement is completed.
8. The Property’s assessed value of improvements must not be reduced below the amount assessed in the calendar year prior to new construction of an improvement or an alteration of an existing improvement, as outlined in Section 4 of this Agreement, as a result of the Revitalization Tax Exemption.
9. The Revitalization Tax Exemption shall be an amount equal to any increase in assessed value of improvements on the Property attributed to the building permit issued as a result of the new construction of an improvement or the alteration of an existing improvement, as outlined in Section 4 of this Agreement.
10. The maximum term of a Revitalization Tax Exemption is contingent on when the Revitalization Tax Exemption Certificate for the Property is used by the District pursuant to the Bylaw and the Agreement:
a) if the construction or alterations as outlined in Section 4 of this Agreement have commenced on or before October 31 and will be assessed on the subsequent year’s assessment roll, then the Revitalization Tax Exemption Certificate will be issued for one (1) year and a subsequent Revitalization Tax Exemption Certificate will be issued for the next four (4) years. For commercial projects, a single renewal for a term of an additional five (5) years will be issued;
b) if construction or alterations as outlined in Section 4 of this Agreement have commenced and been completed on or before October 31 and will be assessed on the subsequent year’s assessment roll, then the Revitalization Tax Exemption Certificate will be issued for five (5) years. For commercial projects, a single renewal for a term of an additional five (5) years will be issued.
11. The amount of Revitalization Tax Exemptions authorized under this Bylaw to calculate the general municipal property tax payable (excluding specified area levies) is equal to any increase in the assessed value of improvements on the Property attributed to construction or alterations as outlined in Section 4 of this Agreement (hereinafter referred to as the Total Amount) and is as follows:
For Commercial Projects: a) Year 1 – 5 Total Amount
b) Year 6 Total Amount less 20%
c) Year 7 Total Amount less 40%
d) Year 8 Total Amount less 60%
Revitalization Tax Exemption Bylaw No. 2035, 2012 Page 63 of 71 AGENDA ITEM # 6.F. Bylaw No. 2035 Page 12
e) Year 9 Total Amount less 80% f) Year 10 Total Amount less 100% - No Revitalization Tax Exemption, the Property is fully taxable.
For Multi-Family Residential Projects: g) Year 1 – 5 50% of the municipal property tax
12. The Revitalization Tax Exemption Certificate may be cancelled by the District: a) on the request of the Owner;
b) if the zoning is changed;
c) the Owner breaches any covenant or condition of the Bylaw or this Agreement;
d) the Owner has allowed the property taxes to go into arrears or to become delinquent; or
e) the Property is put to a use that is not permitted in the applicable zone.
13. To maintain a Revitalization Tax Exemption, the Occupancy Permit must be issued within twenty-four (24) months of the Revitalization Tax Exemption application being approved.
RECAPTURE
14. In the event that the conditions under which a Revitalization Tax Exemption Certificate was issued are no longer met by the Owner, as set out in Section 7 of this Agreement, the Owner must pay to the District a recapture amount of the foregone property taxes of the following applicable percentage of the total Revitalization Tax Exemptions obtained under the Bylaw:
a) Years 1 to 10 50%
OWNERS OBLIGATIONS
15. The Owner must pay to the District, the cost of all tie-ins of works and services associated with the new improvements or alteration to improvements, to existing storm and sanitary sewers, water mains, water meters, driveways, and other municipal services prior to the issuance of a Revitalization Tax Exemption Certificate. 16. The Owner must comply with: a) all enactments, laws, statutes, regulations and Orders of any authority having jurisdiction, including bylaws of the City; and b) all federal, provincial, municipal and environmental licenses, permits and approvals required under applicable enactments.
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OBLIGATIONS OF DISTRICT
17. The District must issue a Revitalization Tax Exemption Certificate to the Owner in respect of the Property once the Owner has applied for and obtained an Occupancy Permit from the District under the District's Building Regulation Bylaw, in force from time to time, in relation to the new improvements or alterations to an existing improvement, so long as the Owner and the Property are otherwise in compliance with the Bylaw and this Agreement.
DISTRICT'S RIGHTS AND POWERS 18. Nothing contained or implied in this Agreement prejudices or affects the District's rights and powers in the exercise of its functions or its rights and powers under any public and private statutes, bylaws, orders, or regulations to the extent the same are applicable to the Property, all of which may be fully and effectively exercised in relation to the Property as if this Agreement had not been executed and delivered by the Owner.
GENERAL PROVISIONS
19. The District of Peachland’s Revitalization Tax Exemption Bylaw No. 2035 and amendments thereto form an integral part of this Agreement.
20. It is mutually understood, agreed and declared by and between the parties that the District has made no representations, covenants, warranties, guarantees, promises, or agreements (oral or otherwise), expressed or implied, with the Owner other than expressly contained in this Agreement.
21. It is further expressly agreed that the benefit of all covenants made by the Owner herein shall accrue solely to the District and this Agreement may only be modified by agreement of the District with the Owner.
22. This Agreement shall inure to the benefit of and is binding on the parties and their respective heirs, executors, administrators, successors and assigns. 23. The Owner shall, on the request of the District, execute and deliver or cause to be executed and delivered, all such further transfers, agreements, documents, instruments, easements, statutory rights of way, deeds and assurances, and do and perform or cause to be done and performed, all such acts and things as may be, in the opinion of the District, necessary to give full effect to the intent of this Agreement.
24. Time is of essence of this Agreement.
25. This Agreement constitutes the entire agreement between the Owner and the District with regard to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written of the District with the Owner. 26. Any notice or other communication required or contemplated to be given or made by any provision of this Agreement shall be given or made in writing and either delivered personally (and if so shall be deemed to be received when delivered) or mailed by
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prepaid registered mail in any Canada Post Office (and if so, shall be deemed to be delivered on the sixth business day following such mailing except that, in the event of interruption of mail service notice shall be deemed to be delivered only when actually received by the party to whom it is addressed), so long as the notice is addressed as follows: to the Owner at:
and
to the District at: District of Peachland 5806 Beach Avenue Peachland, BC V0H 1X7
Attention: Corporate Officer
or to such other address to which a party hereto from time to time notifies the other parties in writing.
27. a) No amendment or waiver of any portion of this Agreement shall be valid unless in writing and executed by the parties to this Agreement; and
b) Waiver of any default by a party shall not be deemed to be a waiver of any subsequent default by that party.
28. This Agreement is not intended to create a partnership, joint venture, or agency between the Owner and the District.
29. This Agreement shall be construed according to the laws of the Province of British Columbia.
30. A reference in this Agreement to the District or the Owner includes their permitted assigns, heirs, successors, officers, employees, and agents.
31. This Agreement is effective from and after the reference date in this Agreement, but only if this Agreement has been executed and delivered by the Owner executed by the District.
32. Unless otherwise expressly provided in this Agreement, the expense of performing the obligations and covenants of the Owner contained in this Agreement, and of all matters incidental to them, is solely that of the Owner.
33. The Owner represents and warrants to the District that:
a) all necessary corporate actions and proceedings have been taken by the Owner to authorize its entry into and performance of this Agreement;
b) upon execution and delivery on behalf of the Owner, this Agreement constitutes a valid and binding contractual obligation of the Owner;
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c) neither the execution and delivery, nor the performance, of this Agreement shall breach any other Agreement or obligation, or cause the Owner to be in default of any other Agreement or obligation, respecting the Property; and
d) the Owner has the corporate capacity and authority to enter into and perform this Agreement.
IN WITNESS WHEREOF the parties have affixed their hands and seals and where a party is a corporate entity, the corporate seal of that Witness company has been affixed in the presence of its duly authorized officers effective the day and year first recited above
SIGNED, SEALED AND DELIVERED BY THE DISTRICT OF PEACHLAND in the presence of:
Mayor
Corporate Officer
SIGNED BY THE OWNER OF THE ABOVE NOTED PROPERTY in the presence of: Witness
Authorized Signature
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Building Permit No. ______
SCHEDULE “C”
BYLAW NO. 2035
Application for Revitalization Tax Exemption
Date Receipt No. Application No.
Property Owner/Applicant
Mailing Address
Telephone No. Cell No.
Subject Property
Roll No. Civic Address
Legal Description
Zoning Designation
Current Assessed Value ______Business Licence No.
Description of Proposed Revitalization
Year(s) Applying For
Value of Construction Building Permit No.
Note: Additional backup information may be required.
I certify that the above information is to my knowledge accurate and that I have received and read the Revitalization Tax Exemption Bylaw and applicable schedules.
Property Owner/Applicant Date
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Office Use:
Property Tax Account Utility Account
Other Fees, Rates or Charges Outstanding
Notes To File
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District of Peachland Request for Decision
To: COTW From: Director of Corporate Services, Polly Palmer Date: February 7, 2013 Subject: Clarification of a Resolution Recommendation: THAT COTW recommends THAT Council does not support the District applying to the provincial government to waive Ms. Stepanow’s late payment penalty of property taxes for 4715 Peachland Place and 6213 Lipsett Avenue
BACKGROUND: The following resolution was passed at the January 8th, 2013 COTW meeting and then adopted by Council at the January 22nd, 2013 Council meeting: “RC-01/22/2013-004 THAT Council deny the request from Debra Stepanow to write off the property tax late payment penalty assessed on her properties located at 4715 Peachland Place and 6213 Lipsett Avenue” A Council member has brought to staff’s attention that the resolution requires additional clarification. As the January 8th, 2013 COTW minutes indicated in the discussion, Ms. Stepanow requested that Council apply to the provincial government under section 315.3 of the Local Government Act to have Ms. Stepanow’s late payment penalty waived. COTW did not support the request and passed the above resolution. Section 315.3 – “The minister may confer on a local government further powers to manage and dispose of assets including taxation revenue, that the minister considers necessary or advisable”
OPTIONS: 1. COTW CAN CHOOSE TO SUPPORT THE RECOMMENDATION 2. COTW CAN CHOOSE TO REFER BACK TO STAFF FOR MORE INFORMATION 3. COUNCIL CAN CHOOSE TO NOT SUPPORT THE RECOMMENDATION
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