Alberni-Clayoquot Regional District
BOARD OF DIRECTORS MEETING WEDNESDAY, NOVEMBER 28, 2018, 1:30 pm Regional District Board Room, 3008 Fifth Avenue, Port Alberni, BC
AGENDA PAGE # 1. CALL TO ORDER
Recognition of Traditional Territories.
2. APPROVAL OF AGENDA (motion to approve, including late items requires ALL VOTE 2/3 majority vote)
3. DECLARATIONS (conflict of interest or gifts exceeding $250 in value as per section 106 of the Local Government Act)
4. ADOPTION OF MINUTES (ALL VOTE/UNWEIGHTED)
a. Board of Directors Meeting – November 14, 2018 6-13
THAT the minutes of the Board of Directors meeting held on November 14, 2018 be adopted.
5. PETITIONS, DELEGATIONS & PRESENTATIONS (10 minute maximum)
a. Mr. Bob Cole, Sproat Lake Community Association Lake Quality Committee, regarding improvements to the quality of the water and living at Sproat Lake.
b. Mr. Roger Haggerty, Alberni Valley Drag Racing Association regarding 14 returning to the Alberni Valley Regional Airport for the annual drag racing event.
6. CORRESPONDENCE FOR ACTION (ALL VOTE/UNWEIGHTED)
a. REQUEST FOR APPOINTMENT TO THE NORTH ISLAND 9-1-1 BOARD OF 15-35 DIRECTORS North Island 9-1-1 requests the appointment of an Alberni-Clayoquot Regional District director to the North Island 9-1-1 Board of Directors for the 2019 calendar year.
1 ACRD Board Agenda November 28/18 Page 2 Possible Motion:
THAT the Alberni-Clayoquot Regional District Board of Directors appoint Director ______as appointee on the North Island 9-1-1 Board of Directors for 2019.
b. REQUEST FOR APPOINTMENT AND ALTERNATE APPOINTMENT TO 36-37 THE VANCOUVER ISLAND REGIONAL LIBRARY BOARD The Vancouver Island Regional Library (VIRL) Board requests the appointment and alternate appointment of an Alberni-Clayoquot Regional District director to VIRL Board of Trustees for 2019.
Possible Motion:
THAT the Alberni-Clayoquot Regional District Board of Directors appoint Director ______as appointee on the Vancouver Island Regional Library Board of Trustees for 2019;
and Director ______as the alternate appointee for 2019.
7. CORRESPONDENCE FOR INFORMATION (ALL VOTE/UNWEIGHTED)
a. ISLAND COASTAL ECONOMIC TRUST 38-40 ICET Support Helps SRD communities Prepare for ‘Last-Mile’ Broadband Connections b. GORD JOHNS, MP COURTENAY-ALBERNI 41 Letter of Congratulations
THAT the Board of Directors receive items a-b for information.
8. REQUEST FOR DECISIONS & BYLAWS
a. REQUEST FOR DECISION 2019-2023 ACRD & ACRHD REVISED Financial Plan Meeting Schedule 42-43 (ALL VOTE/WEIGHTED)
THAT the Alberni-Clayoquot Regional District Board of Directors approve the revised meeting schedule for the 2019-2023 Alberni-Clayoquot Regional District Financial Plan and the 2019 Alberni-Clayoquot Regional Hospital District Annual Budget.
b. REQUEST FOR DECISION Coastal Restoration Society - Ahousaht Clean Up Project – WCLF 44-45 Waiving Tipping Fee Request (ALL VOTE/WEIGHTED) 2 ACRD Board Agenda November 28/18 Page 3
THAT the Alberni-Clayoquot Regional District Board of Directors approve the request to waive the tipping fees from the West Coast Landfill (WCLF) for the Coastal Restoration Society in partnership with the Ahousaht First Nation clean-up project to remove debris and materials from within Ahousaht territory.
9. PLANNING MATTERS
9.1 ELECTORAL AREA DIRECTORS ONLY (ALL PARTICIPANTS/UNWEIGHTED)
a. DVA18017, SWEETING, 155 KINGS ROAD (BAMFIELD) 46-55 Development Variance Application – Report
THAT the Board of Directors consider issuing development variance permit DVA18017, subject to neighbouring properties being notified as per Local Government Act s.499.
b. RC18014, NESSMAN, VARGAS ISLAND (LONG BEACH) 56-72 Rezoning Application – Report and Bylaw P1386
THAT Regional District of Alberni-Clayoquot Zoning Atlas Amendment Bylaw P1386 be read a first time;
THAT the public hearing for Bylaw P1386 be delegated to the Director for Electoral Area ‘C’, the Alternate Director or the Chairperson of the Regional District; and
THAT the Board of Directors confirm that adoption of Bylaw P1386 is subject to:
Registration of a covenant on the subject property ensuring that no further subdivision of the property will occur;
The submission and approval of an appropriate parking plan to address parking requirements in the District of Tofino or elsewhere;
Confirmation of support from area First Nations; and
Meeting technical referral agency requirements.
c. RE18005, CHARLESWORTH, 8088 CAMERON ROAD (BEAVER CREEK) 73-84 Rezoning Application – Public Hearing Report, Public Hearing Minutes and Bylaws P1375 and P1376
3 ACRD Board Agenda November 28/18 Page 4 THAT the Board of Directors receive the public hearing report.
THAT the Board of Directors receive the public hearing minutes.
THAT Regional District of Alberni-Clayoquot Beaver Creek Official Community Plan Amendment Bylaw P1375 be read a second time.
THAT Regional District of Alberni-Clayoquot Beaver Creek Official Community Plan Amendment Bylaw P1375 be read a third time.
THAT Regional District of Alberni-Clayoquot Zoning Atlas Amendment Bylaw P1376 be read a second time.
THAT Regional District of Alberni-Clayoquot Zoning Atlas Amendment Bylaw P1376 be read a third time.
10. REPORTS
10.1 STAFF REPORTS (ALL VOTE/UNWEIGHTED) a. Meeting Schedule – December 2018 85 b. Financial Statement – October 31, 2018 86-87 c. Building Inspectors Report – October 2018 88 d. Planning Report – November 28, 2018 89
THAT the Board of Directors receives the Staff Reports a-d.
10.2 COMMITTEE REPORTS
(ALL VOTE/UNWEIGHTED)
10.3 MEMBER REPORTS
11. UNFINISHED BUSINESS
12. LATE BUSINESS
13. QUESTION PERIOD
14. IN CAMERA (ALL VOTE/UNWEIGHTED)
Motion to close the meeting to the public as per section: i. 90 (1) (a) of the Community Charter: personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the Regional District or another position appointed by the Regional District; 4 ACRD Board Agenda November 28/18 Page 5 ii. 90 (1) (c) labour relations or other employee relations; iii. 90 (1) (g) of the Community Charter: litigation or potential litigation affecting the Regional District.
15. RECOMMENDATIONS TO THE BOARD FROM IN-CAMERA
16. ADJOURN (ALL VOTE/UNWEIGHTED)
Next Board of Directors Meeting: Wednesday, December 12, 2018, 1:30 pm. Regional District Board Room
5 Alberni-Clayoquot Regional District
MINUTES OF THE BOARD OF DIRECTORS MEETING HELD ON WEDNESDAY, NOVEMBER 14, 2018, 1:30 PM Regional District Board Room, 3008 Fifth Avenue, Port Alberni, BC
DIRECTORS John Jack, Chairperson, Councillor, Huu-ay-aht First Nation PRESENT: Josie Osborne, Vice-Chair, Mayor, District of Tofino Bob Beckett, Director, Electoral Area “A” (Bamfield) Tanya Shannon, Director, Electoral Area “B” (Beaufort) Kel Roberts, Director, Electoral Area “C” (Long Beach) Penny Cote, Director, Electoral Area “D” (Sproat Lake) John McNabb, Director, Electoral Area “E” (Beaver Creek) Dianne Bodnar, Director, Electoral Area “F” (Cherry Creek) Deb Haggard, Councillor, City of Port Alberni (Alternate) Cindy Solda, Councillor, City of Port Alberni Mayco Noel, Mayor, District of Ucluelet Alan McCarthy, Member of Legislature, Yuułuʔiłʔatḥ Government Wilfred Cootes, Councillor, Uchucklesaht Tribe Government Kirsten Johnsen, Member of Council, Toquaht Nation
REGRETS: Sharie Minions, Mayor, City of Port Alberni
STAFF PRESENT: Douglas Holmes, Chief Administrative Officer Teri Fong, Manager of Finance Mike Irg, Manager of Planning and Development Rob Williams, General Manager of Environmental Services Wendy Thomson, Manager of Administrative Services
1. CALL TO ORDER The Chief Administrative Officer (CAO) called the meeting to order at 1:30 pm.
The CAO recognized the meeting this afternoon is being held in the Tseshaht First Nation and the Hupacasath First Nation Traditional Territories.
2. WELCOME & INTRODUCTIONS The CAO welcomed new members to the Board of Directors and introduced Kathleen Bradley, Justice of the Peace, Port Alberni Law Courts.
3. OATHS OF OFFICE Kathleen Bradley, Justice of the Peace, Port Alberni Law Courts conducted the Oath of Office for electoral area directors, municipal directors and alternate directors.
4. ELECTIONS – CHAIR AND VICE-CHAIR 6 ACRD Board Meeting Minutes November 14/18 Page 2
a. ELECTION OF CHAIRPERSON – 2018/2019 The Manager of Administrative Services conducted elections for Chairperson of the Alberni-Clayoquot Regional District and Vice-Chairperson of the Alberni- Clayoquot Regional District for 2018/2019.
The Manager of Administrative Services requested nominations three times. Director Johnsen nominated Director Jack, Director Haggard nominated Director Solda, and Director Shannon nominated Director Cote. The Directors accepted their nominations.
The candidates each provided a speech on why they should be elected Chairperson.
The CAO and Manager of Administrative Services conducted the election.
The Manager of Administrative Services declared Director Jack to the positions of Chairperson of the Alberni-Clayoquot Regional District and Vice-Chairperson of the Alberni-Clayoquot Regional District Hospital District for 2018/2019.
b. ELECTION OF VICE-CHAIRPERSON FOR 2018/2019 The Manager of Administrative Services conducted elections for Vice- Chairperson of the Alberni-Clayoquot Regional District and Chairperson of the Alberni-Clayoquot Regional District Hospital District for 2018/2019.
The Manager of Administrative Services requested nominations three times. Director Shannon nominated Director Osborne and Director Solda nominated Director McNabb. The Directors accepted their nominations.
The candidates each provided a speech on why they should be elected Vice- Chairperson.
The CAO and Manager of Administrative Services conducted the election.
The Manager of Administrative Services declared Director Osborne elected to the positions of Vice-Chairperson of the Alberni-Clayoquot Regional District and Chairperson of the Alberni-Clayoquot Regional District Hospital District for 2018/2019.
Director Jack assumed the Chair.
5. APPROVAL OF AGENDA
MOVED: Director Shannon SECONDED: Director McNabb 7 ACRD Board Meeting Minutes November 14/18 Page 3
THAT the agenda be approved as circulated with the following amendment: Section 19 - Additional reasons to go in-camera. CARRIED
6. DECLARATIONS
7. ADOPTION OF MINUTES
a. Board of Directors Meeting – October 24, 2018
MOVED: Director Shannon SECONDED: Director Solda
THAT the minutes of the Board of Directors meeting held on October 24, 2018 be adopted as amended. CARRIED
8. PETITIONS, DELEGATIONS & PRESENTATIONS
a. Mr. Bill Collette, Executive Director, Alberni Valley Chamber of Commerce regarding Municipal Regional District Tax.
Mr. Collette spoke regarding a proposal to implement a Municipal Regional District tax, formerly known as hotel tax in the Alberni Valley & Bamfield area. He provided an overview of how the program works. He requested the Regional District Board to consider endorsing the proposal.
MOVED: Director McNabb SECONDED: Director Solda
THAT the request from the Alberni Valley Chamber of Commerce regarding the Municipal Regional District Tax proposal be referred to the Alberni Valley & Bamfield Services Committee for consideration. CARRIED
b. Danielle & Chris McCollister, Sproat Lake Residents regarding changes to the Zoning at Sproat Lake.
Mr. & Mrs. McCollister spoke to their proposal to build a carriage house or granny suite for their parents. They requested that the ACRD Board of Directors consider allowing accessory dwelling units on properties smaller than one acre in the Sproat Lake area.
8 ACRD Board Meeting Minutes November 14/18 Page 4
MOVED: Director McNabb SECONDED: Director Cootes
That the request from Mr. & Mrs. McCollister be referred for consideration at the next Electoral Area Directors Committee meeting. CARRIED
9. CORRESPONDENCE FOR ACTION
a. Correspondence dated October 26, 2018 from North Island College (NIC) requesting an opportunity to update the Alberni-Clayoquot Regional District Board of Directors on NIC’s progress, challenges and priorities for the future.
MOVED: Director Osborne SECONDED: Director Cote
THAT a representative from North Island College be invited to address the Board of Directors in early 2019. CARRIED
b. Correspondence dated November 5, 2018 from the Port Alberni Port Authority requesting a letter of support for the Port Alberni Cruise Ship Attraction Initiative.
MOVED: Director Cote SECONDED: Director Solda
THAT the Board of Directors provide a letter to the Port Alberni Port Authority supporting the Port Alberni Cruise Ship Attraction Initiative. CARRIED 10. CORRESPONDENCE FOR INFORMATION
a. MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING Response from Meeting with Minister at UBCM regarding the Lack of Capacity in Small Communities to Collect Data, Plan and Coordinate the Delivery of Affordable Housings b. DISTRICT OF UCLUELET Correspondence from the District of Ucluelet to the Minister of Fisheries and Oceans Canada regarding Proposed Recover Strategy for Northern and Southern Resident Killer Whales in Canada c. BC ASSESSMENT Congratulations on 2018 Local Government General Elections d. DISTRICT OF TOFINO
9 ACRD Board Meeting Minutes November 14/18 Page 5
District of Tofino Appointments to the Alberni-Clayoquot Regional District and the Alberni-Clayoquot Regional District Hospital District e. CITY OF PORT ALBERNI City of Port Alberni Appointments to the Alberni-Clayoquot Regional District. f. DISTRICT OF UCLUELET 2019 Council Appointments to the Alberni-Clayoquot Regional District g. TIMBERWEST Agreement to affiliate TimberWest and Island Timberlands now closed
MOVED: Director McNabb SECONDED: Director Shannon
THAT the Board of Directors receive items a-g for information. CARRIED
11. REQUEST FOR DECISIONS & BYLAWS
a. Request for Decision regarding Finance Warrant Number 594.
MOVED: Director McNabb SECONDED: Director Solda
THAT the Board of Directors approve Finance Warrant Number 594 in the amount of $1,384,302.79 dated October 31, 2018. CARRIED
b. Request for Decision regarding Reporting – 2018 Official Election Results.
MOVED: Director McNabb SECONDED: Director Osborne
THAT the Board of Directors receive the 2018 Declaration of Official Election Results and Determination of Official Election Results for the following Directors: “B” (Beaufort), “C” (Long Beach), “D” (Sproat Lake), “E” (Beaver Creek), “F” (Cherry Creek) and; the Declaration of Acclamation by Director, Electoral Area “A” (Bamfield). CARRIED
c. Request for Decision regarding Long Beach Airport – Conditional Grant Agreement for Airports Capital Assistance Program (ACAP).
MOVED: Director Osborne SECONDED: Director Solda 10 ACRD Board Meeting Minutes November 14/18 Page 6
THAT the Alberni-Clayoquot Regional District Board of Directors enter in to a Conditional Grant Agreement with Transport Canada through the Airports Capital Assistance Program (ACAP) for not more than (100%) of the total Eligible Expenditures for the Project but only up to a maximum of one hundred and sixty- four thousand, eight hundred dollars ($164,800.00), towards purchase of a Material Spreader – Wet-Dry Combination for the Long Beach Airport (CYAZ). CARRIED
d. Request for Decision regarding 2019-2023 Alberni-Clayoquot Regional District and Alberni-Clayoquot Regional District Hospital District Financial Plan Meeting Schedule.
MOVED: Director Cootes SECONDED: Director Cote
THAT the Alberni-Clayoquot Regional District Board of Directors approve the proposed meeting schedule for the 2019-2023 Alberni-Clayoquot Regional District Financial Plan and the 2019 Alberni-Clayoquot Regional Hospital District Annual Budget. CARRIED
e. Request for Decision regarding Alberni Valley Regional Airport – OLS Clearing.
MOVED: Director McNabb SECONDED: Director Cote
THAT the Alberni-Clayoquot Regional District Board of Directors award a contract to Dolan’s Concrete Ltd. for the purposes of Obstacle Limitation Clearing, specifically rock outcroppings, north west of the Alberni Valley Regional Airport. CARRIED
f. Request for Decision regarding 2019 Elected Officials Seminars.
MOVED: Director Cote SECONDED: Director Solda
THAT the Alberni‐Clayoquot Regional District Board of Directors approve the registration of elected Electoral Area Directors and First Nations Directors, to attend the Local Government Leadership Academy (LGLA) Elected Officials Seminar in Parksville, BC on February 13, 2019 to February 15, 2019. CARRIED
12. PLANNING MATTERS 11 ACRD Board Meeting Minutes November 14/18 Page 7
a. RB18007, TOLFO, 5220 KINGSTON STREET (BEAUFORT) Rezoning Application – Memorandum and Bylaw P1377
MOVED: Director Shannon SECONDED: Director McNabb
THAT Bylaw P1377, Regional District of Alberni‐Clayoquot Zoning Atlas Amendment Bylaw be adopted. CARRIED
13. REPORTS
13.1 STAFF REPORTS
13.2 COMMITTEE REPORTS
13.3 OTHER REPORTS
14. UNFINISHED BUSINESS
15. LATE BUSINESS
16. QUESTION PERIOD
17. RECESS
MOVED: Director McNabb SECONDED: Director Beckett
THAT the Regular Board of Directors meeting be recessed in order to conduct the Regional Hospital District meeting. CARRIED
18. RECONVENE
The meeting was recessed at 3:20 pm
The meeting was reconvened at 3:46 pm
19. IN-CAMERA
MOVED: Director McNabb SECONDED: Director Johnsen 12 ACRD Board Meeting Minutes November 14/18 Page 8
THAT the meeting be closed to the public as per the following sections of the Community Charter: i. 90 (1) (a) Personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the Regional District or another position appointed by the Regional District. ii. 90 (1) (c) Labour relations or other employee relations iii. 90 (1) (i) The receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED
The meeting was closed to the public at 3:48 pm.
The meeting was re-opened to the public at 4:51 pm.
20. RECOMMENDATIONS TO THE BOARD FROM IN-CAMERA
The following resolution was reported out in open meeting:
THAT the Alberni-Clayoquot Regional District Board of Directors appoint Ms. Rachel O’Callahan to represent the Alberni-Clayoquot Regional District (Area “C” Long Beach) as Alternate Director on the Clayoquot Biosphere Trust for a 4 year term ending October 31, 2021.
21. ADJOURN
MOVED: Director McNabb SECONDED: Director Solda
THAT this meeting be adjourned at 4:52 pm CARRIED
Certified Correct:
______John Jack, Wendy Thomson, Chairperson Manager of Administrative Services
13
Mission & Vision Our History & The Alberni Valley Drag Race Association strives to bring the sport of drag Our Path Forward racing to the Alberni Valley and to increase opportunities for economic In order to restore economic, and Past Successes growth, cultural capital, volunteerism and destination tourism. cultural capital to the AVDRA and the Alberni Valley, the Thunder in The Alberni Valley Drag Race the Valley Drag race must be Association (AVDRA) began in 2001. allowed to return to its original Our Current Challenges and location at the airport. Relocating The drag race association was born the drag race to the airport in and out of a passion for drag racing and Roadblocks to Success of itself does not require a specific a desire to highlight the beauty of timeline or additional money, but Vancouver Island as a viable In 2016, the AVDRA was forced to leave its original location at the airport rather permission only to return. destination race location and the and relocate the race to downtown Port Alberni on 3rd Ave. Since the For the 2019 race season, the only 1/4 mile race track on race has relocated, the AVDRA has suffered a substantial loss in revenue, AVDRA would like to race from the Vancouver Island. community support, tourism and volunteerism. The new location is far 1 middle of the current runway and focus long term, on improving the from ideal as it only offers an 1/8 mile "track" which is not designed to be Figure 1: Thunder in the Valley Drag Race at its Original Location - note When the drag race first began, it raced on as it one of the main streets used for local traffic and thus each trailer or umbrella represents a vendor North end of the track which would be used as a permanent purpose was held at the Alberni Valley proposes a plethora of logistical and safety issues for racers and Regional Airport and brought a driven venue for the AVDRA. attendees. Subsequently, because the track is now smaller several significant amount of economic classes of vehicles, namely the faster pro vehicles can no longer race at Thunder in the Valley Stats at a Glance The AVDRA would like, with the viability to the community through the new location as the track is not long enough and the road quality is partnership of the Regional District, destination tourism, which directly not suitable for vehicles of this speed to race at the new location. to build a permanent venue for the increased the sales of local Averaged Annual Averaged Annual AVDRA, which would focus on its restaurants, pubs, hotels, gas It is for the reasons listed above and other reasons that will be outlined Spending on Food & Spectator Attendance annual Thunder in the Valley 1/4 stations and small businesses. in this proposal, that the AVDRA is seeking to submit this formal proposal mile drag race and would expand its Beverage by Spectators racing portfolio to include 2-3 more to the Regional Council in hopes to persuade Council to allow the drag 4300 In addition to bringing economic race to return to the Alberni Valley Regional Airport. 129,000 annual races that would only be an viability to the Alberni Valley, the 1/8 mile but run on the 1/4 mile drag race also fosters a strong sense track, which would bring additional of community through volunteerism substantial economic and cultural viability to the Alberni Valley. Our and cross-pollination of local 49,500 1650 vision for the new track would businesses and services available include building several burnout throughout Port Alberni. boxes and any needed additional roadways or infrastructure.
Airport Downtown Airport Downtown 1 14
The John 4. 3. 2. 5. corporation 9-1-1 Each Regional As The will service This 1. of 9-1-1 amended perspective Attention: the V9Y much Dear
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formally 9 W. the the Avenue Island it any of specifically: districts. 1999, February 2018 external all an the all duties of B.C. is Thomson, is directors. North NI to can new capital jurisdictional agreement critical Regional BC 4 secretary the annually 9-1-1 of the by 9-1-1 request Regional to be of under or or member board Mt. way Island the 2013. organization Comox found expenditures the that revised Telephone Corporation Corporation Manager Waddington District. appointed of of appoints the the ihthe with North h ACRD the District 9-1-1 a 600 the The on disputes appointment, shareholder Business operational Valley the Comox corporation (250) The purpose board of Island TOLL E-Comm a representing for NI director, appointment Administration has (NI director and and Regional Coiporations qathet 334-6000 make Road, additions 9-1-1 of FREE: a 9-1-1) 9-1-1 Alberni-Clayoquot or agreement board policies of directors of an Courtenay, establish we operational Regional website to to the serving an 1-800-331-6007 Corporation was appointment District, provide represent are • the of to Alberni-Clayoquot Act corporation and Fax directors or pleased established ACRD. for the www.ni9ll.ca. (attached). in and District B.C. replacement procedures No. 2019 Sent regional initial 1995. disputes the their approve North (250) V9N to board at via Mt. in From and Strathcona calendar is call provide (excluding respective The the place districts 3P6 on 334-4358 Waddington, email: to between a answering and January a inaugural Island r to are portion a provide of articles yearly Regional business to year. system of the ensure wcndv.thoinson(i)acrctbc.ca; its Alberni-Clayoquot Regional Lasqueti regional manage participating following annual operating 5, Nanaimo (School of and Currently 9-1-1 board for components. 1995 they District continuity the manage 9-1-1 general ititon district Island) corporation qathet the are District and meeting. District (School information, Corporation budget. Director (ACRD) followed. calls. assets registered agencies File:9-Corp and emergency Comox joined meeting District and No. Strathcona the This of were Valley, or the the 69) the NI #69), in 15 Paci 2
6. Operate and maintain a fire dispatch and mapping system used for the dispatch of 61 fire departments covering a geographic area of approximately 175,000 square kilometers (including contract service to the Peace River Regional District). Approvals are on a weighted vote based on the number of common shares:
Comox Valley Regional District 6 Regional District of Nanaimo 5 Strathcona Regional District 4 Alberni-Clayoquot Regional District 3 qathet Regional District 2 Mt. Waddington Regional District 1
Duties of directors and access to information. The service provided by the NI 9-1-1 Corporation are of a sensitive nature and system security is as integral as is public safety. There are many systems and precautions in place to ensure the safety and security of the 9-1-1 service. This includes but is not limited to access to information.
While there is no obligation to distribute information other than what is required under the Busi,iess CotporationsAct, the Corporation does as a matter of courtesy share as much information with the shareholder regional districts as is practical, without jeopardizing the integrity of the service. On February 8, 2013 the ‘shareholder access to corporate records’ policy (attached) was adopted.
We look forward to hearing back from the ACRD regarding the appointment.
Secretary
Enclosures Shareholder access to corporate records policy Shareholder agreement
North Island 9-1-1 16 Policy
NORTH ISLAND 9-1-1 CORPORATION TITLE: Shareholder Access to Corporate Records PAGE 1 of 1
Date of January 22, 2013 Approved by: NI 9-1-1 Board Revision: Revisions: Effective Date: February 8, 2013
Purpose 1. The purpose of this policy is to identify the manner in which shareholders will access corporate records of the North Island 9-1-1 Corporation.
Scope 2. The scope of this policy relates to corporate records of the North Island 9-1-1 Corporation (NI 9-1-1) including: a. Agenda packages, including staff reports, of directors’ meetings or committees of directors; b. Minutes of directors’ meetings or committees of directors; c. Directors consent resolutions (and those of committees of directors); d. Written disclosures made to the directors regarding conflicts of interest; e. Written disclosure of financial assistance; and f. Written dissents to resolutions of directors.
Confidential materials 3. Special attention is paid to the preparation of materials, in particular for board agendas, minutes and associated staff reports, to ensure that any matters falling under section 90 of the Community Charter (meetings that may or must be closed to the public) are noted as being confidential and included on closed agendas and/or minutes.
Records distribution 4. (1) Annually, and as required, records relating to the performance of directors including disclosures and consent/dissent resolutions are to be provided to all NI 9-1-1 shareholders. (2) Following each board meeting, the public agenda packages and public minutes are to be provided to all NI 9-1-1 shareholders. (3) Where the NI 9-1-1 board considers confidential materials, a board resolution is required to provide such materials to the NI 9-1-1 shareholders. (4) Only those records that are provided to NI 9-1-1 shareholders and are deemed to be public by NI 9-1-1 may be made available to the public.
Shareholder interests 5. Shareholders may request additional information from their NI 9-1-1 representative, the NI 9-1-1 president or corporate secretary care of the Comox Valley Regional District at any time. Such requests will be responded to in as timely a fashion as possible.
17 911-124
NORTH ISLAIND 9-1-i CORPORATION SHAREHOLDERS AGREEMENT
THIS AGREEMENT MADE THE 31" DAY OF MARCH 2008
BETWEEN:
COMOX VALLEY REGIONAL DISTRICT, a regional district duly incorporated pursuant to the Municipal Act, R.S.B.C. c.29 and having an office at 600 Comox Road, Courtenay,. British Columbia
(hereinafter sometimes referred to as "COMOX VALLEY" or as "Shareholder")
OF THE FIRST PART rDJ
REGIONAL DISTRICT OF NANAIMO, a regional district duly incorporated pursuant to the Municipal Act, R.S.B.C. c.29 and having an office at 6300 Hammond Bay Road, Nanaimo, British Columbia
(hereinafter referred sometimes referred to as "NANAIMO" or as a Shareholder!)
OF THE SECOND PART
REGiONAL DISTRICT OF ALBERNI-CLAYOQUOT, a regional district duly incorporated pursuant to the Municipal Act, R.SB.C. c.29 and having an office at 3008 5th Avenue, Port Albemi, British Columbia
(hereinafter sometimes referred to as "ALBERNI CLAYOQUOT" or as A 'Shareholder")
OF THE THIRD PART
REGIONAL DISTRICT OF MOUNT WADDINGTON, a regional district duly incorporated pursuant to the Municipal Act, R.S.B.C. c.29 and having an office at 2044 McNeill Road, Box 729, Port MeNeill, British Columbia
(hereinafter sometimes referred to as "MOUNT WADDTNGTON" or as a "Shareholder")
OF THE FOURTH PART
POWELL RIVER REGIONAL DISTRICT, a regional district duly incorporated pursuant to the Municipal Act, R.S.B.C. c.29 and having an office at 5776 Marine Avenue, Powell River, British Columbia
(hereinafter sometimes referred to as "POWELL RIVER" or as a "Shareholder")
OF THE FIFTH PART 18 2 AND:
STRATHCONA REGIONAL DISTRICT, a regional district duly incorporated pursuant to the Municipal Act, R.S.B.0 c.29 and having an office do 600 Cornox Road, Courtenay, BC_V9N 3P6
(hereinafter sometimes referred to as "STRATI-ICONA" or as a "Shareholder")
OF THE SIXTH PART
NORTH ISLAND 94-1 CORPORATION, a company duly incorporated pursuant to the laws of the Province of British Columbia, having its registered and records office at Suite 1200-925 Georgia Street, in the City of Vancouver. British Columbia V6C 3L2
(the "Company')
OF THE SEVENTH PART
WHEREAS:
A. Comox Valley, Nanaimo, Alberni-Clayoquot, Mount Waddington, Powell River and Strathcona (hereinafter collectively referred to as the 'Shareholder") are the owners of the issued and outstanding Class 'A" Common Voting Shares in the capital of the Company in the number and classes following:
Name of Shareholder No. of Shares Class of Shares
Comox Valley Six (6) "A' Voting Common
Nanaimo Five (5) "A" Voting Common
Alberni-Clayoquot Three (3) "A" Voting Common
Mount Waddington One(l) "A" Voting Common
Powell River Two (2) "A" Voting Common
Strathcona Four (4) "A" Voting Common
(which shares, together with any shares issued by the Company in exchange or substitution therefore, are herein called the "Shares");
The parties hereto wish to enter into an agreement providing, inter alia, for the purchase of all the shares in the Company held by any party upon that party disposing of all of its shares in the Company;
C The parties hereto wish to define certain other rights and obligations agreed upon with respect to the Shares in the Company, and their respective rights and obligations.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of the mutual covenants and conditions hereinafter contained, the parties hereto do covenant and agree as follows:
19 3
DEFINITIONS
1.1 In this Agreement, the following words and phrases, unless there is something in the context inconsistent therewith, will have the following meanings:
(a) "Board" means the board of directors of the Company;
(b) "Control" or "Controls" means:
(i) the right to exercise a majority of the votes which may be put at a general meeting of a corporation; and
(ii) the right to elect or appoint directly or indirectly a majority of the directors of a corporation or other persons who have the right to manage or supervise the management of the affairs and business of the corporation;
(c) "Interest" means the right, title and interest of the Shareholder in and to any of the Shares, and the Loan and accrued interest thereon and any other right or claim a Shareholder may have against the Company as a Shareholder and the Shareholders' interest in and to this Agreement;
(d) "Loan" means at the relevant time the aggregate amount advanced and outstanding by a Shareholder to the Company;
(e) "Major Decisions" means decisions made by the Directors of the Company with respect to the following matters;
(i) the sale, lease, transfer, mortgage, pledge or other disposition of the whole or substantially the whole or the undertaking of the Company or any subsidiary;
(ii) the removal of any officer of the Company;
(iii) the advancing of any funds, financial assistance or the provision of any guarantee by the Company to any Shareholder, or to any affiliates, associate or principal of a Shareholder;
(iv) any capital expenditure or borrowing by the Company in excess of $100,000;
(v) the entering into, and termination of, any employment agreements between the Company and any Shareholders, directors , officers or principals;
(vi) any transaction out of the ordinary course of the Company's business;
(vii) the entering into, and termination of, any agreement or contract between the Company and any Shareholder or Shareholders or any company of which a Shareholder or any associate or principal of a Shareholder owns a controlling interest;
(viii) any declaration or allocation of profit, bonuses or dividends of the Company;
20 (ix) the issuance of additional shares in the capital of the Company save and except where the provision for such additional shares is already contemplated and provided for and permitted elsewhere within this Agreement;
(x) for any moving of the Company's head office;
(xi) for the amalgamation of the Company with another corporation or other legal entity;
(xii) the advancing of any funds, financial assistance or the provision of any guarantee by the Company to any Shareholder or to any affiliate, associate or principal of Shareholder; and
(xiii) •for any change in the constating documents of the Company.
(f "Extraordinary decisions" means decisions made by the Directors of the Company with respect to the following matters:
(í) The issuance of the Shares to any party other than the current Shareholders; (ii) The expansion of the Company's business interests by way of new ventures or acquisitions or by way of change of the type of business the Company is engaged in or the System or the geographical territory in which the Company's business activities take place; and (iii) The issuance of any guarantees by the Company to any third parties;
2. PURPOSE
2.1 The Company's purpose is to operate an emergency response dispatch system ('the System') and such ancillary purposes relating to the System.
3. ORGANIZATION AND CONDUCT OF THE AFFAIRS OF THE COMPANY
3.1 The Board shall be comprised of the same number of Directors as there are Shareholders and each Shareholder shall be entitled to nominate one (I) Director. in the event that a position on the Board shall be open for any reason whatsoever, the Shareholder whose nominee formerly occupied such a position shall be entitled to nominate a new Director to fill such a vacancy.
3.2 Unless otherwise provided herein the conduct of the business of the Company shall be governed in accordance with its Articles.
3.3 The quorum necessary for the transaction of business of the Directors shall be one director holding at the minimum seventy-five (75°/) per cent of the votes, either in person or by proxy.
3.4 Questions arising at any meeting of the Directors shall be decided by a majority of votes save and except,
(a) Major Decisions, which shall require a 75% majority vote or more of the Directors and
21 5 (b) Extraordinary Decisions, which shall require a unanimous vote of the Directors.
3.5 A Director may participate in a meeting of the Board or of any committee of the Directors by means of conference telephone or other communication facility by means of which all Directors participating in the meeting can hear each other. A Director participating in a meeting in accordance with this paragraph shall be deemed to be present at the meeting and to have so agreed and shall be counted in the quorum for the meeting and be entitled to speak and vote as if personally in attendance.
3.6 Reasonable notice of a meeting of the Directors specifying the place within British Columbia, day and hour of such meeting, must be addressed to each of the Directors at their address as appears on the books of Company and by leaving it at their usual business address or by notifying by telephone, facsimile or any other similar method of transmission.
3.7 A resolution consented to in writing, whether by document, telegram, facsimile or any other method of transmitting legibly recorded messages, by all of the Directors shall be as valid and effectual as if it had been passed at a meeting of the Directors duly called and held. Such resolution may be in two (2) or more counterparts, which together will be deemed to .constitute one (1) resolution in writing. Such resolution shall be filed with the minutes of the proceedings of the Directors and shall be effective on the date stated thereon or on the latest date stated on any counterpart.
4. SHAREHOLDERS' CONTRIBUTIONS AND DISTRIBUTION OF NET PROFIT
4.1 The Company will, and may in its discretion request from each and every Shareholder in proportion to the Shareholder's percentage holdings in the Company, all funds required to meet the capital, operating and capital asset replacement needs of the Company. The contribution percentage of each Shareholder at the date of this Agreement is as follows:
Shareholder Contribution Percentage of Funds Required
Comox Valley 30.47% Nanaimo 27.05% Albemi-Clayoquot 13.03% Mount Waddington 3.11% Powell River 8.47% Strathcona 17.87%
4.2 A Shareholder shall advance the money requested from it by the Company by August 15th of each calendar year. Unless otherwise specified in the Company's request, all funds advanced shall not bear interest.
4.3 No Shareholder shall demand or be entitled to repayment of the funds advanced by it pursuant to a request of the Company.
Each Shareholder's respective contribution percentage of funds required from time to time by the Company shall be reassessed by the Company annually, on the basis of the prior year's revised roll of net taxable value of land and improvements assessed for hospital purposes, within the Shareholders' jurisdiction, commencing from the date of this Agreement, and upon the withdrawal or addition of a Shareholder, any such change to be determined as if a Major Decision of the Board.
22 6 4.5 Any Shareholder may advance funds to the Company in the form of a Loan if the Company agrees to borrow such funds and in such a case, the terms of repayment and interest rate chargeable shall be mutually agreed upon by the lending Shareholder and the Board on behalf of the Company.
4.6 Except with the unanimous agreement of Shareholders, no Shareholder shall be obligated to enter into any agreement of guarantee with respect to the indebtedness of the Company or to pledge its credit on behalf of the Company, and the sole financial obligation of a Shareholder shall be as set forth in Paragraph 4.1 hereof. In any event all guarantees granted by Shareholders shall be borne by the Shareholders pro rata in proportion to their shareholdings in the Company (at the time of demand for payment by such bank or institution), and if any of the Shareholders discharges any liabilities of the Company either directly or pursuant to such guarantee given hereunder, then the Shareholder discharging the liabilities shall have the right to be re-imbursed by the party or parties not so contributing so that in the end result, each of the Shareholders shall have contributed in proportion. as aforesaid. In the event that any Shareholder or Shareholders should provide a guarantee with respect to the indebtedness of the Company or pledge such Shareholder's own credit in a proportion to the debt greater than such Shareholder's own pro-rata shareholdings within the Company, then, to the extent that any such guarantee exceeds such Shareholder or Shareholder's pro-rata portion of their shareholdings in the Company, such Shareholder shall be entitled to claim indemnification from the Company and the other Shareholders to the extend of such amounts in which such Shareholder's guarantee exceeds their pro-rata portion of sharehoidings in the Company.
5. TRANSFER OF SHARES AND INTEREST
5.1 Notwithstanding anything to the contrary contained in this Agreement, no sale, transfer, assignment or disposal of any interest by a Shareholder shall be binding upon the other parties hereto or shall be valid in law, unless it is made in compliance with the provisions of this Agreement and Articles of Incorporation, and unless and until the purchaser or transferee of such Interest, if not a party hereto, executes and delivers an appropriate instrument in writing in favour of the Non-disposing Shareholders pursuant to which such Shareholder or transferee shall agree to observe and be bound by all the provisions of this Agreement;
5.2 Notwithstanding any other provision of this Agreement, no Shareholder shall be entitled to sell, transfer or otherwise dispose of any of its Interest or any part thereof without first obtaining the consent of all of the other Shareholders and the Company.
5.3 Notwithstanding Sections 5.1 and 5.2 or any other provision within this Agreement or the Articles of the Company, it is expressly understood and agreed between the Company and the Shareholders that in the event that by way of any detennination, decision, order or other direction &om the Provincial Government of British Columbia that any Shareholder be required to sell all or a portion of its Shares or Interest to another body that constitutes a regional district within the Province of British Columbia, that any such sale, transfer, assignment of disposal of any Shares or Interest by any existing Shareholder in whole or in part that is necessitated or required pursuant to such decision of the Provincial Govermuent of British Columbia may take place provided that any such new Shareholder agrees to be bound by all provisions of this Agreement
5.4 Notwithstanding anything to the contrary contained in this Agreement, the Shareholders acknowledge and agree that the number of Shares held by any and all Shareholders in the Company from time to time is to be based upon the proportionate share of the assessed value of the net taxable value of land and improvements assessed for hospital purposes within any such Shareholders respective Regional Districts. Accordingly, all the Shareholders do hereby agree that all the Shareholders and the Company shall carry out a review as the net taxable value of
23 7 lands and improvements assessed for hospital purposes within all of the Shareholders' regional districts effective as at January 1, 2009 and based upon the proportionate amounts of the assessed value of the net taxable value of land and improvements assessed for hospital purposes in the regional districts of all the Shareholders comprising the Company, the Shareholders shall redistribute the Shares issued in the Company between the existing Shareholders to better reflect the proportionate basis of the Shareholder's said assessed values. Without limiting the foregoing, the Shareholders and the Company shall, upon the completion of the determination of the assessed value of the net taxable value of land and improvements assessed for hospital purposes in all of the Shareholders respective regional districts, do any one or more of the following: (a) Re-purchase or redeem any of the Shares held by any such Shareholder; (b) issue new Class A common voting shares in the capital of the Company to any one or more Shareholders; and (c) Authorize and carry out the transfer of any Shares presently issued between any two Shareholders, so to reapportion the respective share ownership percentages in the Company between the Shareholders, so that the proportionate amount of Shares issued in the Company to any Shareholder is proportionate to the total net taxable value of land and improvements assessed for hospital purposes any such Shareholder's respective regional district has relative to the aggregate net taxable value of land and improvements assessed for hospital purposes held by all of the Shareholders regional districts. In determining the net taxable value of land and improvements assessed for hospital purposes for each of the Shareholders, the Company shall be entitled to rely upon such information as may be provided by the BC Assessment Authority or any successor or provincial government organization thereto which has the authority to make such determinations and whose determination of any such value shall be final and binding upon all of the Shareholders and the Company. In the event that there is any discrepancy or disagreement between the Shareholders with respect to any such determination or the calculation of any Shareholders proportionate shareholdings within the Company, such matter will be deferred to the Company's accountants from time to time and whose decision with respect to same, shall be final and binding upon any and all such Shareholders. 5.5 The parties hereto agree that upon such determination or reapportionments as set out above in Section 5.4, that all parties will carry out any and all necessary documents so as to carry out the repurchase, redemption, transfer or issuance of any such Shares in the Company, so as to carry out the intentions of Section 5.4 above forthwith. 5.6 The parties hereto further agree that where any Shares are either issued, transferred, redeemed or re-purchased in accordance with Section 5.4, that the consideration for any such issuance, transfer, re-purchase or redemption shall be in the amount of $1.00 for each Share. 5.7 The parties further agree that for the duration this Agreement remains in place, the parties will review the distribution of the Shares issued in the Company at ten year intervals commencing on January 1, 2019 and continuing on January 1st of each tenth year thereafter so as to redistribute the Shares in the Company based upon the formula of the net taxable value of land and improvements assessed for hospital purposes held by all such Shareholders in accordance with Sections 5.4 , 5.5 and 5.6. 5.8 The parties hereto agree that with respect to any Shares that may be held by any Shareholder in the Company may be transferred to or acquired by another Shareholder from time to time in accordance with Sections 5.4 through 5.7, any existing shareholders loans that were due and owing to any such transferring Shareholder shall remain due and owing to such transferring Shareholder and the acquiring Shareholder acquiring any portion of the Shares of the transferring Shareholder shall not acquire any right or entitlement to such transferring Shareholder's loans.
24 8
6. DEFAULT
6.1 It is an event of default (hereinafter referred to as 'Default") if a Shareholder (hereinafter referred to as the "Defaulting Shareholder") (the other Shareholders being hereinafter referred to as the "Non-Defaulting Shareholders):
(a) Fails to observe, perform or carry out any of its obligations hereunder and such failure continues for seven (7) days after any of the Non-Defaulting Shareholders have in writing demanded that such failure be cured; or
(b) Fails to take reasonable actions to prevent or defend assiduously, any action or proceeding in relation to any of its Interest for seizure, execution or attachment or which claims:
(i) possession;
(ii) sale;
(iii) foreclosure;
(iv) the appointment of a receiver or receiver-manager of its assets; or
(v) forfeiture or tennination;
of or against, any of the Interest of the Defaulting Shareholder, and such failure continues for seven (7) days after any of the Non-Defaulting Shareholders have in writing demanded that the same be taken or the Defaulting Shareholder fails to defend successfully any such action or proceeding; or
(c) Becomes a bankrupt or commits an act of bankruptcy or if a receiver or receiver-manager of its assets is appointed or makes an assignment for the benefit of creditors or otherwise.
6.2 in the event of a Default, the Non-Defaulting Shareholders may do any one or more of the following:
(a) Pursue any remedy available to them in law or equity, it being acknowledged by each of the Shareholders that specified performance, injunctive relief (mandatory or otherwise) or other equitable relief may be the only adequate remedy for a Default;
(b) Take all actions in their own names or in the name of the Defaulting Shareholder, the Shareholders or the Company as may reasonably be required to cure the Default, in which event all payments, costs and expenses incurred therefore shall be payable by the Defaulting Shareholder to the Non-Defaulting Shareholders on demand, together with Interest at one (1%) per cent per annum in excess of the them determined prime commercial rate of the bank of the Company;
(c) Implement the Buy-Sell procedure as set out in the Paragraph 7 hereof; or
(d) Waive the Default provided, however, any waiver of a particular Default shall not operate as a waiver of any subsequent or continuing Default.
25 7. BUY-SELL PROCEDURE
7.1 In the event of a Default, the Non-Defaulting Shareholders, or any of them, have an option to require the Defaulting Shareholder to surrender all of its interest to the Non-Defaulting Shareholders or the Company at no cost to the Non-Defaulting Shareholders or the Company.
7.2 Upon the exercise of the Option, the Defaulting Shareholder, shall execute and deliver to the Non-Defaulting Shareholders or the Company all such instruments, conveyances, assignments and releases as the Non-Defaulting Shareholders or Company may reasonably require.
8. LOAN DEFAULT
8.1 In addition to the rights of the Non-Defaulting Shareholders provided for in Paragraphs 6 and 7 hereof, if the Defaulting Shareholder defaults by refusing or failing to make a contribution or payment as provided in Paragraph 4 hereof, then:
(a) The Non-Defaulting Shareholders may elect to make, and are hereby authorized by the Defaulting Shareholder to make, such contribution or payment (hereinafter called the "Defaulting Loan") to the Company on behalf of and for the account of the Defaulting Shareholder in which event the Defaulting Shareholder shall pay, or cause to be paid, to the Non-Defaulting Shareholders:
(v) the amount of the Defaulting Loan;
(ii) the reasonable costs of the Non-Defaulting Shareholders relating to obtaining monies to make the Default Loan; and
(iii) interest calculated and payable on the first business day of each and every month on the amount of the Defaulting Loan outstanding from time to time equal to:
(1) the rate of Interest payable by the Non-Defaulting Shareholders to any Third Party on any monies bolTowed by it to make the Default Loan plus four (4%) per cent per annum; or
(2) if any such monies are not borrowed by the Non-Defaulting Shareholders, the prime commercial lending rate of the bank of the Company at the time the Defaulting Loan is made plus four (4%) per cent per annum.
9. NEW SHAREHOLDERS
9.1 The parties agree that upon the unanimous approval of the Shareholders and the Company, a new Shareholder may be allowed to join the Company on such terms and on such conditions as the Shareholders and the Company may determine, but the terms and conditions of the entry of the new Shareholder shall include the following:
(a) The requirement that the new Shareholder becomes signatory to this Agreement prior to acquiring any rights or interest in the Company;
(b) The requirement that all costs associated with the entry of the new Shareholder be born solely by that Shareholder;
26 10
(b) The requirement that the new Shareholder pay a stipulated fee or the contribution towards the capital of the Company in recognition of its acquiring an interest in the existing capital assets of the Company.
(d) Such further and other conditions and requirements as the Board of Directors of the Company may from time to time determine.
9.2 The application of any funds paid by the new Shareholder shall be used and distributed as the Board of Directors of the Company shall in their sole discretion determine.
10 ASSIGNMENT OF RIGHTS TO COMPANY
10.1 The parties hereto covenant and agree that all rights and privileges given to the Non-Defaulting Shareholders pursuant to Paragraphs 6, 7 and 8 of this Agreement may be assigned by those Non- Defaulting Shareholders to the Company provided all the Non-Defaulting Shareholders so decide.
11. DISPUTE RESOLUTiON
11.1 The parties hereto agree to attempt to resolve all disputes arising out of or in connection with this Agreement, or in respect of any defined legal relationship associated with it or from it, by structured negotiation with the assistance of a mediator appointed by the British Columbia International Commercial Arbitration Centre under its Commercial Mediation Rules, a copy of which are attached as Appendix "A'.
11.2 If a dispute cannot be settled within a period of thirty (30) days after the mediator was appointed, or such longer period agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre, a copy of which area attached as Appendix "B".
12. INSURANCE
12.1 Each of the Shareholders agree to take out and maintain in full force and effect, in the names of the respective Shareholder, as the insured party, and the Company, as the additional named insured, the following primary policy of insurance with he Municipal insurance Association;
(a) bodily injury, personal injury, and/or property damage liability ("Coverage A");
(b) errors and omissions liability ("Coverage B") with the Company as the additional named insured until such time that the Shareholder has been provided notice from the Company that the Company has decided to place and maintain in full force and effect errors and omissions liability insurance from an insurer licensed to do insurance business in the Province of British Columbia ("Primary Coverage B"), at which time the Shareholder will continue to maintain insurance coverage with the Municipal Insurance Association for errors and omissions liability in the names of the respective Shareholder, as the insured party, and the Company, as the additional named insured ("Secondary Coverage B"); and
(c) supplementary payments: defense and other costs ("Coverage C")
12.2 Each Shareholder agrees to deliver a copy of the current year's Membership Certificate and Evidence of Liability Protection to the company evidencing the insurance policy referred to th Paragraph 12.1.
27 11
12.3 The Company hereby agrees to take out and maintain in full force and effect, in the name of the Company, as the insured, the following insurance;
(a) The Company will place and maintain in good standing primary insurance coverage with an insurer licenced to do insurance business in the Province of British Columbia for bodily injury, personal injury, and/or property damage liability ("Primary Coverage A") and for supplementary payments: defense and other costs ("Primary Coverage C").
13. GENERAL PROVISION
13.1 The parties hereto covenant and agree that they will not mortgage, hypothecate, charge or in any way encumber their Shares in the Company.
13.2 All certificates issued by the Company representing any of the Shares in the capital stock of the Company shall have typed or otherwise written thereon the following legend:
'The Shares represented by this certificate are subject to the provisions of an Agreement made the 30th day of June 1999 between the Company and its Shareholders which Agreement contains restrictions on the right of the holder hereof to sell, assign, transfer, dispose of, donate or otherwise deal with the Shares represented hereby and notice of the terms and conditions of such Agreement is hereby given."
13.3 Notwithstanding any other terms hereof the Company shall not be obligated to purchase any Shares pursuant to the terms of this Agreement if such purchase would constitute a violation of any law or regulation of any governmental authority having jurisdiction over the Company or its Shares or such purchase would render the Company insolvent.
13.4 Time shall be of the essence of this Agreement.
13.5 Any notice, payment or other communication required or permitted to be given or served pursuant to this Agreement shall be delivered personally or may be mailed by registered mail, postage prepaid, addressed as follows:
If to Comox Valley
600 Comox Road Courtenay, British Columbia V9N3P6
If to Nanaimo:
6300 Hammond Bay Road Nanaimo, British Columbia V9T 6N2
If to Alberni-Clayoquot:
3008 5th Avenue Port Alberni, British Columbia V9Y 2E3
28 12 If to Mount Waddington:
Box 729 2044 McNeill Road Port McNeill, British Columbia VON 2R0
If to Powell River:
5776 Marine Avenue (*note address change) Powell River, British Columbia V8A 2M4
If to Strathcona: c/o 600 Comox Road Courtenay, BC V9N 3P6
If to the Company
1200 — 925 West Georgia Street Vancouver, British Columbia V6C 3L2
Any such notice shall be deemed to have been given, if delivered by hand, on the day delivered, or if mailed in Canada two days following the day of posting, providing that if there shall be between the time of mailing and the actual receipt of the notice a mail strike, slow-down or other labour dispute which may affect delivery of such notice by mail, then such notice shall be effected only if actually delivered.
13.6 No alteration or amendment of this Agreement shall take effect unless the same is in writing duly executed by each of the Shareholders in the same manner as this Agreement; provided that it shall not be necessary to make a party to such amending agreement any Shareholder who has ceased to be a member of the Company.
13.7 The Shareholders covenant and agree to execute such further and other documents and instruments and to do such further and other acts as may be necessary to implement and carry out the terms of this Agreement and the Company agrees to approve and does hereby approve each and every transfer of Shares made pursuant to this Agreement.
13.8 Each Shareholder shall vote or cause to be voted the Shares held or controlled by it so as to give full effect to the provisions of this Agreement, which provisions shall supersede and have precedence over the provisions of the Articles and Memorandum of the Company.
13.9 All purchases and sales of any Shares in the capital stock of the Company pursuant to this Agreement shall be in Canadian dollars only, unless otherwise agreed to in writing by the parties hereto.
13.10 The provisions herein contained constitute the entire Agreement between the Shareholders and supersede all previous communications, representations and agreements, whether verbal or written, between Shareholders with respect to the subject matter hereof.
29 13 13.11. All references to any party to this Agreement shall be read with such changes in number and gender as the context hereof or reference to the parties shall require, and words imparting singular include the plural and vice versa, words imparting a male person include a female, and words imparting an individual include a corporation.
13.12 This Agreement shall inure to the benefit of and be binding upon the Shareholders and their respective successors but is not assignable by a party hereto, except with the consent of all the other parties hereto.
IN WITNESS WHEREOF the parties hereto have affixed their hands and seals the day and year first above written.
The Corporate Seal of Comox Valley Regional District) was hereunto affixed in the presence of:
4A J Chairperson
Corp ate bifficer
The rporate Seal of Regional District of Nanaimo was hereunto affixed in the presence of:
Chairperson
Corporate Officer
30 04/08/2008 18:52 FAX 250 380 8572 REI3 DIST NANAIMO-FINANCE El003/008
13 I 1 11. All references to any party to this Agreement shall be read with such changes in number and gender as the context hereof or reference to the parties shall require, and words imparting singular include the plural and vice versa, words imparting a male person include a femalo. and words imparting an indh'idual include a corporation.
13i2 This Agreement shall inure to the benefit of and be binding upon the Shareholders and their respective successors but is not assignable by a party hereto, ecept with the consent of all the other parties hereto.
N WITNESS Wl-IREOP the parties hereto have affixed their hands and seals the day and year first above Written.
The Corporate Seal of Cumox V1ky Regional tMstric) was hereunto affixed in the aresenee of
Chairperson
Corporate Officer
The Corporate Seal of Regional District of Nanaiino was hereunto of in thyresence of:
Cli arperson
Corporate Officer
31 14
The Corporate Seal of Regional District of Alberni-Clayoquot hereunto affixed in the presence of:
Cairper on
Corporate Officer
The Corporate Seal of Regional District of Mount Wathlington) was hereunto affixed in the presence of: )
Chairperson
Corporate Officer
The Corporate Seal of Powell River Regional District) was hereunto affixed in the presence of:
Chairperson
Corporate Officer
The Corporate Seal of Strathcona Regional District was hereuto affixed in the presence of:
Corporate Officer
32
02/28/2002 THtI 11:11 FAX Ii 001/001
14
The Corporate Seal of Regional District or MberoiClayoquot was hereunto affixed in the presence of:
Chairperson
Corporate Oflicer
The Corporate Seal of Regional District of Mount Wacldingthn) was hereunto affixed in the presence of: )
Chairperson ) )
Co ate OElccr )
e Corporai.e Seal of Powell River Regional District) was hereunto affixed in the prdsencc of: )
Chairperson
Corporate Officer
the Corporate Seal oiStrathcona Regioital District was hereunto affixed in the prcscncc of
Chairperson
Corporate Officer
33 14
The Corporate Seal of Regional District of Alberni-Clayoquot was hereunto affixed in the presence of:
Chairperson
Corporate Officer
The Corporate Seal of Regional District of Mount Waddington) was hereunto affixed in the presence of:
Chairperson )
Corporate Officer )
The Corporate Seal of Powell River Regional District) was hereunto affixed in the presence of: )
Chairperson
/. / & Corpora N
The Corporate Seal of Strathcona Regional District was hereunto affixed in the presence of:
Chairperson
Corporate Officer
34 15
The Corporate Seal of North Island 9-1-1 Corporation was hereunto affixed in the presence of:
President
35 Administration Box 3333 | 6250 Hammond Bay Road Nanaimo, BC Canada V9R 5N3 t: 250.758.4697 f: 250.758.2482 e: [email protected] w: www.virl.bc.ca
November 9, 2018 Original sent via email
Attention: Chair Alberni Clayoquot Regional District 3008-Fifth Ave Port Alberni, BC V9Y 2E3
Dear Chair,
Re: Appointment to the 2019 Vancouver Island Regional Library Board As the new year approaches, it is time to consider your representation on the Board of Trustees of Vancouver Island Regional Library (VIRL) − the fifth largest library system in British Columbia serving more than 410,000 residents on Vancouver Island, Haida Gwaii, and Bella Coola on the Central Coast. VIRL enhances lives through universal access to knowledge, lifelong learning, and literacy in the communities we serve. As per the British Columbia Library Act: “Each municipality and/or regional district that is party to the regional library district must, by resolution, appoint a representative and an alternate representative each December at the first meeting of the municipal council or regional district board. A member of the library board holds office for a term of one year: January 1 - December 31, or for the remainder of the year for which the appointment is made. A member is eligible for reappointment, but no member may serve for more than eight consecutive years. Reappointment of sitting members is encouraged in the interest of continuity…” The Library Act also stipulates that “…members of a library board are not entitled to be paid by the library board for their services but may be reimbursed by it for reasonable travelling and out of pocket expenses, including child care expenses, necessarily incurred by them in performing their duties under this Act. (2) A library board may not reimburse a member for any expenses if another body reimburses the member for the expenses or pays the expenses.” Annual documentation required by December 15 for both your appointed VIRL Trustee and Alternate are: 1. By provincial legislation a copy of the certified resolution. 2. A Statement of Financial Disclosure (a copy of that on file with the municipality/district is acceptable). 3. A VIRL 2019 contact information form. 4. EFT form (if travel expenses are to be reimbursed via electronic file transfer).
36
Administration Box 3333 | 6250 Hammond Bay Road Nanaimo, BC Canada V9R 5N3 t: 250.758.4697 f: 250.758.2482 e: [email protected] w: www.virl.bc.ca
Please complete and return the enclosed forms and a copy of the certified resolution by December 15, 2018 to the attention of Mariah Patterson, Executive Assistant, by mail or email: [email protected]. If you require additional information, please contact Ms. Patterson by phone: 250-729-2310 or email. Thank you for your continued support of Vancouver Island Regional Library! Sincerely,
Rosemary Bonanno, BA MLS Executive Director
CC: Doug Holmes, CAO, Alberni Clayoquot Regional District
37
FOR IMMEDIATE RELEASE
November 16, 2018
ICET SUPPORT HELPS SRD COMMUNITIES PREPARE FOR ‘LAST-MILE’ BROADBAND CONNECTIONS
COURTENAY – Internet connectivity - and especially high speed broadband – has become a key requirement for business and residents in communities of all sizes, including rural and remote communities. A new project supported by the Island Coastal Economic Trust (ICET) will build on previous work done in the Strathcona Regional District to address the digital divide that exists in the Island and Coast region.
There is a significant gap between broadband service levels in urban and rural areas in BC. Many communities within the Strathcona Regional District are identified by the federal government as not meeting basic service targets, if they have any service at all.
In 2017 the SRD developed a broadband strategy to address this issue and received more than $30M in senior government funding to place subsea fibre optic cable around Vancouver Island and the south coast. This subsea fibre optic cable will create the opportunity for dozens of rural, remote and Indigenous communities to build out the last mile connections required to service business, organizations and individuals.
“We’re about to launch a project in eight of our communities that will assess their digital aspirations, economic development activities tied to broadband, and technical infrastructure solutions for those ‘last mile’ connections,” said Michele Babchuk, Chair of the Strathcona Regional District. “Those reports will then give us the information we need to attract service providers and greater infrastructure investment in last- mile connectivity, helping to create a more even playing field for rural and remote communities.”
The project will support community-based planning sessions, in eight SRD communities (Quadra Island, Cortes Island, Area A, Area D, Gold River, Tahsis, Zeballos and Sayward). This will include the deployment of a team of experts to each community, to assist with the determination of the optimal infrastructure requirements. The resulting strategies and action plans will ensure that new broadband connectivity is fully optimized for community development and economic diversification and growth.
ICET Chair, Josie Osborne noted that the linkage between economic development and broadband internet access is clear.
“Whether it’s people in the tech industry wanting to live in a rural community for quality of life, attraction of new business start-ups, or even basic expectations of residents, we know that high speed connectivity is becoming a requirement for communities to sustain themselves and grow,” she explained.
#108-501 4th street • Courtenay, British Columbia • Canada V9N 1H3 [email protected] | 250.871.7797
38
By accessing high level expertise through the SRD, the project provides rural communities with a cost- effective way to develop the business case required for last-mile funding or investment from telecommunications providers. The project methodology will also serve as a template for other Regional Districts looking to undertake similar work.
“Knowing that bridging the digital divide is a strategic priority for senior governments, and anticipating significant funding availability in the near future, this project will position the SRD and its communities to take advantage of those programs when they launch,” explained Osborne.
The project is supported with $30,000 in matching funding provided through the Economic Development Readiness Program (Broadband strategy funding stream). Work is expected to get underway shortly, with completion forecast for summer 2019.
About the Island Coastal Economic Trust
Created and capitalized by the Province of BC, the Island Coastal Economic Trust (ICET) has been at the forefront of economic diversification, planning and regional revitalization for the past twelve years.
ICET is independently governed by a Board of Directors and two Regional Advisory Committees which include more than 50 locally elected officials, MLAs and appointees from the Island and Coast. This exceptional team of leaders collaborate to set regional priorities and build vital multi-regional networks.
Through a community centered decision-making process, ICET has approved more than $50 million in funding for over 190 economic infrastructure and economic development readiness projects. These investments have leveraged over $270 million in new investment into the region creating more than 2500 construction phase jobs and 2600 long term permanent jobs.
A full overview of ICET can be found at www.islandcoastaltrust.ca.
-end-
#108-501 4th street • Courtenay, British Columbia • Canada V9N 1H3 [email protected] | 250.871.7797
39
For further information:
Line Robert, CEO Island Coastal Economic Trust Tel. 250-871-7797 (Ext. 227) [email protected]
Mayor Josie Osborne, ICET Chair District of Tofino Tel. 250-725-3229 [email protected]
Victoria Smith Manager Strategic Initiatives Strathcona Regional District Tel. 250-830-6711 [email protected]
#108-501 4th street • Courtenay, British Columbia • Canada V9N 1H3 [email protected] | 250.871.7797
40 41 REQUEST FOR DECISION
3008 Fifth Avenue, Port Alberni, B.C. CANADA V9Y 2E3 Telephone (250) 720-2700 FAX: (250) 723-1327
To: Board of Directors
From: Teri Fong, CPA, CGA, Manager of Finance
Meeting Date: November 28, 2018
Subject: 2019-2023 ACRD & ACRHD REVISED Financial Plan Meeting Schedule
Recommendation:
That the Alberni-Clayoquot Regional District Board of Directors approve the revised meeting schedule for the 2019- 2023 Alberni-Clayoquot Regional District Financial Plan and the 2019 Alberni-Clayoquot Regional Hospital District Annual Budget.
Background:
At the November 14, 2018 Board meeting the Directors approved a meeting schedule for the financial plan process in 2019. Since that time it has been determined that some Directors were unable to attend the Committee of the Whole meeting scheduled for February 13th. As result, a revised schedule is attached for your consideration with the changed meetings indicated in bold font.
This schedule delays the first reading of the plan by 2 weeks but staff are comfortable it will allow enough time for adequate discussion regarding the service budgets.
Submitted by: ______Teri Fong, CPA, CGA, Manager of Finance
Approved by: ______Douglas Holmes, BBA, CPA, CA, Chief Administrative Officer
Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe and Toquaht Nation 42 Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek) Alberni-Clayoquot Regional District 2019-2023 Financial Plan REVISED Meeting Schedule All meetings to be held in the Regional District Board Room unless otherwise specified Date, Time Participants Services to be Reviewed Monday, Feb 4th, West Coast Committee • Long Beach Airport 10:00am Meeting – (Tofino Council • Long Beach Emergency Planning Chambers) • West Coast Waste Management • West Coast Multiplex Tuesday, Feb 5th, Alberni Valley Committee and • Alberni Valley Emergency Planning 10:00am Bamfield (for Waste Management • Alberni Valley Waste Management Services) • Alberni Valley Regional Airport • Proposed Regional Water • Custom Transit • Sproat Lake Marine Patrol Tuesday, Feb 5th, Electoral Area Directors • Building Inspection 1:30pm Meeting • Electoral Area Administration • Mgmt of Development – Rural Areas • Vancouver Island Regional Library
Wednesday, Feb 13th Regional Hospital District • 1st reading – 2019 Hospital District (immediately following the Board of Directors Meeting Budget BOD)
Wednesday, Feb 27th, Committee-of-the-Whole • Grant-in-aid Applications 9:00am Meeting • Grant-in-aid for Economic Development Wednesday, Feb 27th Board of Directors Meeting • E911 Telephone Service 1:30pm • General Government Services • Regional Parks • Regional Planning
Wednesday, Mar 13th, Regional Hospital District • 2nd, 3rd reading & adoption – 2019 (immediately following the Board of Directors Meeting Hospital District Budget BOD)
Wednesday, Mar 13th Special Board of Directors • Public Consultation Session & Debate 6:00pm Meeting • First reading – 2019-2023 Financial Plan Bylaw
Wednesday, Mar 27th Board of Directors Meeting • 2nd, 3rd reading & adoption of the 1:30pm Regional District 2019-2023 Financial Plan
Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe and Toquaht Nation Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek) 43
3008 Fifth Avenue, Port Alberni, B.C. CANADA V9Y 2E3 Telephone (250) 720-2700 FAX: (250) 723-1327
REQUEST FOR DECISION
To: ACRD Board of Directors
From: Brenda Sauve, Environmental Services Coordinator
Meeting Date: November 28, 2018
Subject: Coastal Restoration Society - Ahousaht Clean Up Project – WCLF Waiving Tipping Fee Request
Recommendation:
THAT the Alberni-Clayoquot Regional District Board of Directors approve the request to waive the tipping fees from the West Coast Lanfill (WCLF) for the Coastal Restoration Society in partnership with the Ahousaht First Nation clean- up project to remove debris and materials from within Ahousaht territory.
Desired Outcome:
That the ACRD can contribute by waiving tipping fees at the West Coast Landfill, to help revitalize the Ahousaht First Nations community and rehabilitate critical habitat for a variety of wildlife in traditional Ahousaht territorial lands and waters.
Summary:
On November 14th, 2018, the Founder of Coastal Restoration Society, a registered non-profit operation, contacted staff requesting waiving tipping fees at the WCLF for a large clean-up project in partnership with the Ahousaht First Nation, to help revitalize the community and rehabilitate critical habitat for a variety of wildlife in traditional lands and waters, over the next four (4) weeks. A project of this scope has never been attempted in Canada before. They are anticipating having a total of around fifty 30-yard bins. All of the materials that will be sent to the WCLF will meet the requirements of the landfill bylaws. In addition to the materials in the bins, they are removing over 125 derelict vehicles, over 30 derelict vessels under 6 meters in length, and over 500 derelict household appliances. The items and materials are being sent to recycling centres on Vancouver Island. This project has not received any funding from any level of government and is funded solely through the Society entirely which has raised contributions from private and industry partners including Crow Excavating, Wichito Tug and Barge and Sonbird Recycling and Refuse. It is also worth noting that Ahousaht First Nation recently signed a contract with Recycle BC, effective February 1st, 2019 for both curbside and depot collection in the community, which will contribute to the ongoing efforts of this project.
Background:
Coastal Restoration Society have worked on projects with the Ahousaht and Hesquiaht First Nations for the last two years. They have successfully restored over 50 kilometers of shoreline habitat in Clayoquot Sound and tranditional Ahousaht and Hesquiaht First Nations traditional territory. Their work has garnered much media attention, some of which can be viewed on the Clayoquot CleanUp website at https://www.clayoquotcleanup.com/media
Time Requirements – Staff & Elected Officials:
Minimal Staff time will be required to make adjustments for the tipping fees.
Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe and Toquaht Nation 44 Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek) Financial:
Estimated fifty 30-yard bins at approximately 3 tonnes per bin would be an $18,000.00 revenue loss for the WCLF.
Policy or Legislation:
ACRD Tipping Fee Waiver Policy: To encourage beneficial activities by community groups and to avoid placing a financial burden on non-profit community groups or individuals working for the benefit of local residents and communities where their activities require the services of Alberni-Clayoquot Regional District (ACRD) solid waste management disposal facilities.
Options Considered:
1. THAT the Alberni-Clayoquot Regional District Board of Directors approve a waiver of the tipping fees from the West Coast Lanfill (WCLF) for the Coastal Restoration Society in partnership with the Ahousaht First Nation clean- up project to remove debris and materials from within Ahousaht territory.
2. THAT the Alberni-Clayoquot Regional District Board of Directors approve the request to waive 50% of the tipping fees from the West Coast Lanfill (WCLF) for the Coastal Restoration Society in partnership with the Ahousaht First Nation clean-up project to remove debris and materials from within Ahousaht territory.
3. THAT the Alberni-Clayoquot Regional District Board of Directors approve waiving up to a maximum dollar value for the tipping fees from the West Coast Landfill (WCLF) for the Coastal Restoration Society in partnership with the Ahousaht First Nation clean-up project to remove debris and materials from within Ahousaht territory.
Submitted by: ______Brenda Sauve, Environmental Services Coordinator
Reviewed by: ______Rob Williams, MSc, General Manager of Environmental Services
Approved by: ______Douglas Holmes, BBA, CPA, CA, Chief Administrative Officer
Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe and Toquaht Nation Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek) 45 ALBERNI-CLAYOQUOT REGIONAL DISTRICT 3008 Fifth Avenue, Port Alberni, BC, CANADA V9Y 2E3 Telephone (250) 720-2700 Fax (250) 723-1327
DEVELOPMENT VARIANCE APPLICATION
MEETING DATE: November 28, 2018
ACRD FILE NO.: DVA18017
APPLICANTS: Richard and Lynne Sweeting
LEGAL DESCRIPTION: LOT B, SECTION 19, TOWNSHIP 1, BARCLAY DISTRICT, PLAN 50543
LOCATION: 155 Kings Road, Bamfield
ELECTORAL AREA: “A” (Bamfield)
APPLICANT’S INTENTION: The applicant has applied for a development variance permit to reduce the required south side yard setback in an Acreage Residential (RA2) District from 15 feet to 0 feet to accommodate an existing structure.
Recommendation:
THAT the Board of Directors consider issuing development variance permit DVA18017, subject to neighbouring properties being notified as per Local Government Act s.499.
Development Variance DVA18017:
i. Development variance of Section 200 – Schedule No. II – Bulk and Site Regulations of the ACRD Zoning Bylaw to reduce the required south side yard setback from 15 feet to 0 feet to accommodate the existing structure on a property zoned Acreage Residential (RA2) District. This Development Variance Permit applies only to the currently existing single- family dwelling on the subject property.
Procedure: Prior to the issuance of a development variance permit, the Board must first pass a resolution to consider issuing the permit. Staff then notify neighbouring property owners and tenants to afford them the opportunity to make written or verbal submissions to the Board. At the subsequent meeting, the Board issues or denies the development variance permit.
Observations: i. Status of Property: The 0.89 acre property is located on the west side of the Bamfield Inlet and fronts onto Trevor Channel. There is an existing single-family dwelling and associated DVA18017 Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe, Toquaht Nation 46Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek) Page 2 of 3
accessory buildings on the subject property. The southeastern end of the property, abutting Kings Road, is fairly level, but the property begins to slope down towards Trevor Channel after this. To the east is a property zoned Cottage Residential (RC) District, to the north and south are other residential lots, and to the west is Trevor Channel.
ii. Services a. Sewage Disposal: On-site sewage disposal. b. Water Supply: Bamfield Community Water System. c. Fire Protection: Bamfield Volunteer Fire Department. d. Access: Access for the property is off Kings Road.
iii. Existing Planning Policies Affecting the Site a. Agricultural Land Reserve: Not within the Agricultural Land Reserve. b. Official Community Plan: The Bamfield Official Community Plan designates the property as “Residential Use”.
The OCP designates two Development Permit Areas (DPA) that impact development on this property: “Development Permit Area I – Riparian Areas Protection” and “Development Permit Area II – Natural Hazard Areas Protection”. No DPA requirements are triggered by this application as no new construction is proposed.
The proposed variance complies with the goals and policies of the Bamfield Official Community Plan.
c. Zoning: The property is zoned Acreage Residential (RA2) District.
RA2 requirements: Proposed variance: Minimum Setbacks (single family dwelling) Front: 40 feet - Rear: 30 feet - Side: 15 feet 0 feet
The property owners are applying for a variance to reduce the south side yard setback from 15 feet to 0 feet to bring an existing deck on the property into compliance with the ACRD Zoning Bylaw. The deck and house it is attached to were constructed in 1995 and were incorrectly sited at that time, with the deck extending 0.4 metres into the neighbouring property to the southwest. The applicants wish to remove the portion of the deck that is encroaching and reduce their required side lotline setback to 0 ft. to bring the structure into compliance with the ACRD Zoning Bylaw.
The applicants are applying for a development variance to reduce the required south side yard setback from 15 feet to 0 feet in order to bring an existing structure on the property into compliance with the ACRD Zoning Bylaw. DVA18017 Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe, Toquaht Nation Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek) 47 Page 3 of 3
Comments: The applicants have applied for a Development Variance Permit to reduce the required side lot line setback from 15 feet to 0 feet in order to bring an existing single-family dwelling into compliance with the ACRD Zoning Bylaw. The single-family dwelling was constructed in 1995 and sited incorrectly at that time. The deck currently encroaches into the neighbouring residential property by approximately 0.4 metres. The applicant is proposing to remove the encroaching section and has applied for a variance to reduce the required side yard setback. If the encroaching section is removed and the permit is granted, the house would then conform to the ACRD Zoning Bylaw. It is important to note that this Development Variance Permit, DVA18017, would only apply to the south side yard setback and only to the existing structure as shown on the plan attached as Appendix “A” to the permit. Staff recommend that the Board of Directors consider issuing development variance permit DVA18012, subject to neighbouring properties being notified as per Local Government Act s.499.
Submitted by: ______Peter Thicke, Junior Planner
Reviewed by: ______Mike Irg, MCIP, RPP Manager of Planning & Development
Approved by: ______Douglas Holmes, BBA, CPA, CA Chief Administrative Officer
DVA18017 Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe, Toquaht Nation 48Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek) 49 50 51 52 53 54 RA161
Eagle 9 4 220
SCOTTS LN Bay A PLAN 50542 SUBJECT PROPERTY P2
1 PLAN PLAN VIP84356 50543 R 25 A 109 A 13 PLAN 28542 121 C EF B nd PLAN 28 Flats RA2 EG 50543 143 R2 RA 151 A DORSEY LN B 30 148 VIP52618 RS4003 LN 165 A 170 52618 B PLAN 43314 1 RP 75007 171 31 EF4 AIL BRC TR WYT PLAN 942 RA2 189 55CAPE BEALE18 TRAIL 8 ON 2 EPP12938 VIP84 RC 194
ALBERNI-CLAYOQUOT REGIONAL DISTRICT
3008 Fifth Avenue, Port Alberni BC, CANADA V9Y 2E3 Telephone (250) 720-2700 Fax (250) 723-1327
Rezoning Application
MEETING DATE: November 28, 2018
ACRD FILE NO.: RC18014
APPLICANT: Simon Nessman (Agent: Dan Bowen Consulting)
LEGAL DESCRIPTION: LOT 1, DISTRICT LOT 1016, VARGAS ISLAND, CLAYOQUOT DISTRICT, PLAN 20252
LOCATION: Vargas Island
ELECTORAL AREA: “C” Long Beach
Applicant’s Intention: The property owner has applied to rezone the subject property from Forest Reserve (A4) District to Institutional (P1) District to facilitate the development of a Marine Research Station on the property.
Recommendations:
• THAT Regional District of Alberni-Clayoquot Zoning Atlas Amendment Bylaw P1386 be read a first time; • THAT the public hearing for Bylaw P1386 be delegated to the Director for Electoral Area ‘C’, the Alternate Director or the Chairperson of the Regional District; and • THAT the Board of Directors confirm that adoption of Bylaw P1386 is subject to:
a. Registration of a covenant on the subject property ensuring that no further subdivision of the property will occur; b. The submission and approval of an appropriate parking plan to address parking requirements in the District of Tofino or elsewhere; c. Confirmation of support from area First Nations; and d. Meeting technical referral agency requirements.
Observations:
i) Status of Property: The 47 acre parcel is located on the east side of Vargas Island and is almost entirely undeveloped. There is an existing structure on the eastern side of the property. The lot is flat through the western portion but drops towards
RC18014 Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe, Toquaht Nation 56Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek) Page 2 of 4
the ocean along the easternmost edge. The property is bordered by the Vargas Island Provincial Park to the west, a residential property to the south, Yarksis IR No. II to the north, and Father Charles Channel to the east.
ii) Services a. Sewage Disposal: On-site sewage disposal. There is a septic system on the property that services the existing house. Any further development will require either a letter from a ROWP confirming the existing system can support the proposed development or the installation of a new system designed for the needs of the new development. b. Water Supply: On-site water. c. Fire Protection: Not within a fire protection area. d. Access: Water access via Father Charles Channel.
iii) Existing Planning Policies Affecting the Site a. Agricultural Land Reserve: Not within the Agricultural Land Reserve.
b. Official Community Plan: Not within an Official Community Plan Area.
c. Zoning: The property is zoned Forest Reserve (A4) District and the property owner is applying to rezone to Institutional (P1) District.
A4 District (existing) P1 District (proposed) Minimum Lot Area: 40 acres 12000 sq. ft. Minimum Lot Width: 660 feet 100 feet Lot Coverage: - 40% Minimum Setbacks Front: 50 feet 25 feet Rear: 30 feet 30 feet Side: 15 feet 20 feet
The applicant intends to rezone the property to allow for the development of a marine research centre. The centre would provide a location for the offices of the Cedar Coast Field Station Society with the intention of conducting, commissioning, and disseminating research related to the ecology of Clayoquot Sound. The facilities would be used for living quarters for researchers, staff, and other visitors to the station, as well as providing cooking, meeting, storage, recreation, educational, and laboratory space.
The Cedar Coast Field Station Society is a non-profit organization. There is no intention that for-profit commercial activities would take place on the subject property. The Society intends to receive gifts, bequests, funds, and property to hold, invest, and distribute for the purposes of the Society. They also intend to charge a fee for certain programs offered, calculated on a cost-recovery basis in line with their status as a charitable organization.
RC18014 Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe, Toquaht Nation Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek) 57 Page 3 of 4
The Institutional (P1) District zoning provides for a variety of uses that would permit the development that the applicant is proposing as understood by ACRD Staff. Some of the relevant permitted uses include: Institutions of a charitable nature, private schools, dormitory units, dwellings or dwelling units, accessory buildings and uses, and universities and similar educational establishments.
The proposed development requires a rezoning of the subject property from Forest Reserve (A4) District to Institutional (P1) District.
Comments: The applicants are applying to rezone their property from Forest Reserve (A4) District to Institutional (P1) District to facilitate the development of a marine science research centre associated with the Cedar Coast Field Station Society and their partners. The facility would serve as a location for marine science research, educational courses at a variety of levels, and as a platform for understanding and communicating the marine ecology of Clayoquot Sound.
The centre would be similar in nature to the Bamfield Marine Science Centre based in Bamfield. Cedar Coast intends to partner with universities and other non-profits to use the property for various research and educational programs. The current plan for development received by the ACRD revolves around a single main building that contains kitchen, laboratory, storage, library, and social areas, and wall tents that provide sleeping areas. The applicant is currently working with ACRD staff to ensure the appropriate building permit is obtained for all required construction.
The property and proposed facility are water access only. The applicant has installed a cantilever dock system that will suit the needs of the centre except in situations of heavy wind and swell. FrontCounterBC is in communication with the owner to ensure that the appropriate tenure is in place. Vehicle parking is also a consideration, as the users of the centre will frequently be leaving their vehicles in Tofino while spending time at the property. The applicant has an agreement with a property owner on Industrial Way in Tofino where it is possible to rent several parking spaces. Many of the students and other visitors will arrive by bus, however, so it is probable that the parking requirements will be small. Written confirmation of this agreement is required prior to final approval of the rezoning.
Vargas Island Provincial Park is located to the west of the subject property. It is understood by ACRD Staff that there exist trails from the subject property leading into the park to access the beaches on the west side of the island. ACRD Staff encourage the property owners to confirm with the BC Parks Service that this access is acceptable.
The current structure on the property has a septic system attached to it. As further development is proposed, a ROWP has attended the property and designed an appropriate sewage system. A copy of the letter of confirmation from the ROWP will be required prior to the public hearing stage of the rezoning.
Most of the staff for the Station will be contract based, and those that are employed
RC18014 Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe, Toquaht Nation 58Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek) Page 4 of 4
directly will be housed at the adjacent property that the applicant owns. The proposed development does not interfere with the coastal riparian area of the property to any great degree, and it does not impact the visual continuity of the coastline. No subdivision is planned for the property.
The applicant has a verbal agreement with the Ahousaht First Nation, and will approach the Tla-o-qui-aht First Nation as their territory will frequently be traveled through during Station activities. Prior to final adoption of the bylaw, confirmation of support from the Ahousaht Nation will be necessary.
Staff recommend that Bylaw P1386 be given first reading, proceed to public hearing, and have the Board of Directors confirm that the adoption of the bylaw is subject to:
1. Registration of a covenant on the subject property ensuring that no further subdivision of the property will occur; 2. The submission and approval of an appropriate parking plan to address parking and vehicle storage requirements in the District of Tofino or elsewhere; 3. Confirmation of support from area First Nations; and 4. Meeting technical referral agency requirements.
Submitted by: ______Peter Thicke, Junior Planner
Reviewed by: ______Mike Irg, MCIP, RPP Manager of Planning & Development
Approved by: ______Douglas Holmes, BBA, CPA, CA Chief Administrative Officer
RC18014 Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe, Toquaht Nation Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek) 59
Approaching the main house along the access road, Front of main house, looking south. looking north.
Rear of main house, looking north. Front of main house and main entrance under construction, looking north.
Septic field area, western corner of main house, Non-habitable cabin next to main house. looking northwest. 60
Cantilever dock and hand crank (temporary placement). Vegetation edge and anchor point for cantilever dock.
Rear portion of tent platform. Front portion of tent platform, showing framed vestibule.
Interior of canvas tent on tent platform.
61 62 63 64 65 66 67 68 69 70 REGIONAL DISTRICT OF ALBERNI-CLAYOQUOT
BYLAW NO. P1386
OFFICIAL ZONING ATLAS AMENDMENT NO. 712
A bylaw of the Regional District of Alberni-Clayoquot to amend Bylaw No. 15, being the “Regional District of Alberni-Clayoquot Zoning By-law No. 15, 1971”.
WHEREAS the Local Government Act authorizes the Regional Board to amend a zoning bylaw after a public hearing and upon the affirmative vote of the directors in accordance with Sections 464, 465, 470 and 479 of the Local Government Act;
AND WHEREAS an application has been made to rezone a property;
AND WHEREAS the Board of Directors of the Regional District of Alberni-Clayoquot, in open meeting assembled, enacts the following amendment to the Official Zoning Atlas of the Regional District of Alberni-Clayoquot Zoning By-law No. 15, 1971:
1. TITLE This bylaw may be cited as the Regional District of Alberni-Clayoquot Zoning Atlas Amendment Bylaw No. P1386.
2. Bylaw No. 15 of the Regional District of Alberni-Clayoquot is hereby amended by rezoning: LOT 1, DISTRICT LOT 1016, VARGAS ISLAND, CLAYOQUOT DISTRICT, PLAN 20252 from Forest Reserve (A4) District to Institutional (P1) District as shown on Schedule ‘A’ which is attached to and forms part of this bylaw.
3. This bylaw shall come into force and take effect upon the adoption thereof.
Read a first time this day of , Read a second time this day of, Read a third time this day of,
Adopted this day of,
______Douglas Holmes, BBA, CPA, CA Chair of the Regional Board Chief Administrative Officer
71 Schedule 'A' This schedule is attached to and forms part of Bylaw P1386
C
H
r e
A
h
N t o KATAWI S r N A R G A S B E DL 1445 M u d DL 1015 L B a Rassier Beach y IS L A ND DL 1014 Ra ss ie r DL 1015 P o i n t
Sch ind le r Po in t
IR 11 YARKSIS DL 496 Me a r e s S p i t OPITSAT
A N D H E Y N E N S to c kham L 1 PL 20252 C L H A I sl a nd N E N E DL 1436 N L YARKSIS N
A e g a H ss Deadma n a Is P D L 1 0 1 6 C l ets n a B ec k S to ne
dm I s I a l an d sla nd e
D S t u C S b b s L AYOQUOT Ar ne t E I sla nd Ne i l so l DL 1438 DL 1439 I s l a n d e L n IR 11 n I sla n a R h e IR 31 C g a VARGAS A s e l Fe l i s v c e S t ISLAND a r awb e r r y e P Vargas YARKSIS H N Cr ic I sl an d I s la nd n e i Father Ch n P o i n e Thom DL 496 Mo se ar les f t v r C a f Rock V Districto R P o in t u D C n Du f f i
R TOF IN O
p E of E
H 258
T WI CK ANINNI SH S TRAILER Island T TANK PARK A TRAILER PARK
E F Tofino Wi l f O M Rock
P ISL AND W L L A Jensen A ProvincialN D Rock I
Park L 1 PL 20252
E
DL 1436 N YARKSI S N
A
H
D L 1 0 1 6 C
S
E DL 1438 DL 1439 L
R IR 31
VARGAS A ISLAND H Mo ser Father Char les C Po i n t Rock
o i x Legal Description: LOT 1, DISTRICT LOT 1016, VARGAS ISLAND, CLAYOQUOT DISTRICT, PLAN 20252 To be rezoned from Forest Reserve (A4) District to Institutional (P1) District
ALBERNI-CLAYOQUOT 0 400m 1600m REGIONAL DISTRICT 72
ALBERNI-CLAYOQUOT REGIONAL DISTRICT
3008 Fifth Avenue, Port Alberni BC, CANADA V9Y 2E3 Telephone (250) 720-2700 Fax (250) 723-1327
MEMORANDUM
TO: ACRD Board of Directors
FROM: Peter Thicke, Junior Planner
MEETING DATE: November 28, 2018
RE: Public Hearing Report for Bylaws P1375 and P1376 (Charlesworth)
Recommendation:
THAT the Board of Directors receive the public hearing report.
THAT the Board of Directors receive the public hearing minutes.
THAT Regional District of Alberni-Clayoquot Beaver Creek Official Community Plan Amendment Bylaw P1375 be read a second time.
THAT Regional District of Alberni-Clayoquot Beaver Creek Official Community Plan Amendment Bylaw P1375 be read a third time.
THAT Regional District of Alberni-Clayoquot Zoning Atlas Amendment Bylaw P1376 be read a second time.
THAT Regional District of Alberni-Clayoquot Zoning Atlas Amendment Bylaw P1376 be read a third time.
A Public Hearing for Bylaws P1375 and P1376 was held on Monday, November 19, 2018 in the ACRD Board Room. The hearing was chaired by Area ‘E’ Director John McNabb and attended by Area ‘F’ Director Diane Bodnar and ACRD planning staff Alex Dyer and Peter Thicke. The applicant, Shannon Charlesworth, attended the hearing along with 4 other members of the public.
Referral agency responses were printed and copies made available at the public hearing. No written submissions were received. Referral comments are included in the public hearing minutes.
Prepared by: ______Peter Thicke Junior Planner
RE18005 Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe, Toquaht Nation Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek) 73
Reviewed by: ______Mike Irg, MCIP, RPP Manager of Planning and Development
Approved by: ______Douglas Holmes, BBA, CPA, CA Chief Administrative Officer
RE18005 Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe, Toquaht Nation 74 Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek) REGIONAL DISTRICT OF ALBERNI-CLAYOQUOT PUBLIC HEARING MINUTES
NOVEMBER 19 2018 – ELECTORAL AREA ‘E’
Minutes of a Public Hearing held on Monday, November 19, 2018 at 7:00 pm at the ACRD Board Room, 3008 Fifth Avenue, Port Alberni, BC.
Present: John McNabb, Director for Electoral Area ‘E’, and Diane Bodnar, Director for Electoral Area ‘F’. Staff: Alex Dyer, Planner, and Peter Thicke, Jr Planner Applicant: Shannon Charlesworth Members of the Public: 5
1. The hearing was called to order at 7:00 pm.
2. Director McNabb introduces himself and planning staff. He calls on staff to read out the Notice of Public Hearing.
3. The notice is read by A. Dyer as follows:
A Public Hearing for residents and property owners within Electoral Area ‘E’ will be held in the Regional District of Alberni-Clayoquot Board Room, 3008 Fifth Avenue, Port Alberni BC, at 7:00 pm on Monday, November 19, 2018. The purpose of this hearing is to consider Bylaws P1375 and P1376. The applicant is proposing to subdivide the subject property creating one 5 acre lot and two 2.5 acre lots.
Bylaw P1375 to amend the Beaver Creek Official Community Plan Bylaw P1291 by redesignating LOT A, DISTRICT LOT 31, ALBERNI DISTRICT, PLAN 5499 from “Rural Use” to “Residential Use”.
Bylaw P1376 to amend the Regional District of Alberni-Clayoquot Zoning Bylaw No. 15 by rezoning LOT A, DISTRICT LOT 31, ALBERNI DISTRICT, PLAN 5499 from Rural (A2) District to Small Holdings (A1) District.
Terrance & Shannon Charlesworth, Property Owners – 8088 Cameron Road, Port Alberni BC
Anyone who feels their interest in property will be affected by the proposed bylaws will be given an opportunity to speak on matters contained in the bylaws.
The Public Hearing will be held by the Director for Electoral Area ‘E’, the Alternate Director or the Chairperson of the Regional Board, as a delegate of the Regional Board. A copy of the Board resolution making this delegation is available for public review.
If you would like more information on this proposal, the bylaws and relevant background documents are available for public review at the Regional District of Alberni-Clayoquot office during normal office hours, 8:00 am to 4:30 pm, Monday through Friday excluding statutory holidays, from November 7, 2018 to November 19, 2018 inclusive.
Any correspondence submitted prior to the Public Hearing should be addressed to the following:
Mike Irg, Manager of Planning and Development
1 | Page 75 REGIONAL DISTRICT OF ALBERNI-CLAYOQUOT PUBLIC HEARING MINUTES
NOVEMBER 19 2018 – ELECTORAL AREA ‘E’
4. Director McNabb explains the purpose of a public hearing and calls on the applicants to explain the proposal.
5. S. Charlesworth agrees with what was read in the notice and adds that the purpose of the subdivision is to downsize the 10-acre lot after her children left the home. The applicants intend to sell their current large home and build a smaller dwelling on one of the 2.5 acre parcels to be created by the subdivision.
6. Director McNabb asks whether the property is within the Beaver Creek Fire Protection Area, as it does not appear that there is water service to the property.
7. A. Dyer indicates that the property is just inside the boundaries of the Beaver Creek Fire Protection Area and that there is water service close enough for the BCFD to include the property in their protection area.
8. Director McNabb asks staff if there were any written submissions or referral responses.
9. A. Dyer answers that there were no written submissions, but staff received 4 referral responses (attached as Appendix A). None were opposed to the proposal.
10. Director McNabb asks if there are any members of the public that would like to comment.
11. R. Schwager, 7798 Beaver Creek Rd., indicated that he gives the proposal a “thumbs up” and has no opposition.
12. Director McNabb asks staff if they have anything else to add.
13. A. Dyer and P. Thicke decline to add anything.
14. Director McNabb thanks everyone for the input and explains that any member of the Board of Directors cannot receive new information related to this proposal between now and the next Board meeting on November 28th, 2018. If that happens, the public hearing would be invalidated and would have to be held again.
15. Director McNabb calls three times for further representations on the bylaws. Hearing none, he terminates the hearing at 7:07 pm.
Certified Correct: Minutes Prepared by:
______John McNabb Peter Thicke Director for Electoral Area ‘E’ – Beaver Creek Junior Planner
2 | Page 76
ALBERNI-CLAYOQUOT APPENDIX A REGIONAL DISTRICT 3008 Fifth Avenue, Port Alberni BC, CANADA V9Y 2E3 Telephone (250) 720-2700 Fax (250) 723-1327
BYLAW RESPONSE SUMMARY BYLAW NO’s: P1375 & P1376 ACRD FILE NO.: RE18005
APPLICANTS: Terry & Shannon Charlesworth ACRD CONTACT: Peter Thicke, Jr Planner Date of Referral: June 19, 2018
Approval Recommended for Reasons ✔ Interests Unaffected by Bylaw Outlined Below
Approval Recommended Subject to Approval NOT Recommended Due to Conditions Below Reasons Outlined Below
Agency (please print): Alberni-Clayoquot Regional District Name (please print): Luc Stefani Title: Building Inspector Signature: Date: June 19th, 2018
77 DEVELOPMENT APPROVALS PRELIMINARY BYLAW COMMUNICATION
Your File #: RE18005 eDAS File #: 2018-03581 Date: Jun/26/2018
Alberni-Clayoquot Regional District 3008 Fifth Avenue Port Alberni, BC V9Y 2E3
Canada
Attention: Charity Hallberg Dodds:
Re: Proposed Bylaw P1375 & P1376 for: Lot A, DL 31, Alberni, Plan 5499 8088 Cameron Road, Port Alberni
Preliminary Approval is granted for the rezoning for one year pursuant to section 52(3)(a) of the Transportation Act, subject to the following conditions:
Not to be construed as a subdivision approval. All review of the subject lot will be assessed at the time of subdivision application.
If you have any questions please feel free to call Peter Webber at (250) 751-3277. Yours truly,
Peter Webber Development Approvals Technician
Local District Address Vancouver Island District Third Flr 2100 Labieux Road Nanaimo, BC V9T 6E9 Canada H1183P-eDAS (2009/02) Phone: (250) 751-3246 Fax: (250) 751-3289 Page 1 of 1
78
ALBERNI-CLAYOQUOT REGIONAL DISTRICT 3008 Fifth Avenue, Port Alberni BC, CANADA V9Y 2E3 Telephone (250) 720-2700 Fax (250) 723-1327
BYLAW RESPONSE SUMMARY BYLAW NO’s: P1375 & P1376 ACRD FILE NO.: RE18005
APPLICANTS: Terry & Shannon Charlesworth ACRD CONTACT: Peter Thicke, Jr Planner Date of Referral: June 19, 2018
Approval Recommended for Reasons ✔ Interests Unaffected by Bylaw Outlined Below
Approval Recommended Subject to Approval NOT Recommended Due to Conditions Below Reasons Outlined Below
Agency (please print): ACRD BCWS Name (please print): Randy Fraser Title: Signature: Date: July 9,2018
79 80 REGIONAL DISTRICT OF ALBERNI-CLAYOQUOT
BYLAW NO. P1375
A BYLAW TO AMEND BYLAW NO. P1291 BEAVER CREEK OFFICIAL COMMUNITY PLAN
WHEREAS by Section 478(2) of the Local Government Act, all bylaws enacted by the Regional Board must be consistent with an existing official community plan;
AND WHEREAS the Regional Board may amend an existing official community plan;
NOW THEREFORE the Board of Directors of the Regional District of Alberni-Clayoquot in open meeting assembled enacts as follows:
1. TITLE This bylaw may be cited as the Beaver Creek Official Community Plan Amendment Bylaw No. P1375.
2. Schedule B, the plan map, is hereby amended by redesignating LOT A, DISTRICT LOT 31, ALBERNI DISTRICT, PLAN 5499 from “Rural (A2) District” to “Small Holdings (A1) District” as shown on Schedule ‘A’ which is attached to and forms part of this bylaw.
3. This bylaw shall come into force and take effect upon the adoption thereof.
Read a first time this 13th day of June, 2018 Public Hearing held this 19th day of November, 2018 Read a second time this day of , Read a third time this day of ,
Adopted this day of ,
______Douglas Holmes, BBA, CPA, CA Chair of the Regional Board Chief Administrative Officer
81
18744 PLAN Schedule 'A' 1 82
part of Bylaw P1375 This schedule is attached to and forms DD 380364 I 380364 DD
Legal Description:
8 8 2 2 2 8 8
L. 116 L. L. 31 L.
P L A N A L P
Rem B Rem
"C" ALBERNI-CLAYOQUOT
REGIONAL DISTRICT
Rem A Rem B e a v e r e v a e B LOT A, DISTRICT 31, ALBERNI DISTRICT, PLAN 5499
To be redesignated from "Rural
DD 394436 I 394436 DD
P L A N 5 4 9 9 9 4 5 N A L P
"R" DD83451N "R" "S" A
8102
VIP72419 WELLHAM 0 1
VIP86640 100m 1
7960 MH
2 3 7968
Use " to "Residential RD. 8200 8084 8150 8088 7990
CAMERON RD.
17003 CAMERON RD 8051 8081 8097 7953
Cameron 8031
A 8107
PLAN 40680 PLAN
16591
PLAN PLAN 32239 PLAN A Use " 1 2
A
17003 & 40680 & 17003
OF SAID L EXC PLS 16591 PLS EXC L SAID OF NT 20 CH FROM THE NLY BDY NLY THE FROM CH 20 NT A 400m REGIONAL DISTRICT OF ALBERNI-CLAYOQUOT
BYLAW NO. P1376
OFFICIAL ZONING ATLAS AMENDMENT NO. 705
A bylaw of the Regional District of Alberni-Clayoquot to amend Bylaw No. 15, being the “Regional District of Alberni-Clayoquot Zoning By-law No. 15, 1971”.
WHEREAS the Local Government Act authorizes the Regional Board to amend a zoning bylaw after a public hearing and upon the affirmative vote of the directors in accordance with Sections 464, 465, 470 and 479 of the Local Government Act;
AND WHEREAS an application has been made to rezone a property;
AND WHEREAS the Board of Directors of the Regional District of Alberni-Clayoquot, in open meeting assembled, enacts the following amendment to the Official Zoning Atlas of the Regional District of Alberni-Clayoquot Zoning By-law No. 15, 1971:
1. TITLE This bylaw may be cited as the Regional District of Alberni-Clayoquot Zoning Atlas Amendment Bylaw No. P1376.
2. Bylaw No. 15 of the Regional District of Alberni-Clayoquot is hereby amended by rezoning: LOT A, DISTRICT LOT 31, ALBERNI DISTRICT, PLAN 5499 from Rural (A2) District to Small Holdings (A1) District as shown on Schedule ‘A’ which is attached to and forms part of this bylaw.
3. This bylaw shall come into force and take effect upon the adoption thereof.
Read a first time this 13th day of June, 2018 Public hearing held this 19th day of November, 2018 Read a second time this day of , Read a third time this day of ,
Adopted this day of ,
______Douglas Holmes, BBA, CPA, CA Chair of the Regional Board Chief Administrative Officer
83
18744 PLAN Schedule 'A' 1 84
part of Bylaw P1376 This schedule is attached to and forms DD 380364 I 380364 DD
Legal Description:
8 8 2 2 2 8 8
L. 116 L. L. 31 L.
P L A N A L P
Rem B Rem
"C" ALBERNI-CLAYOQUOT
REGIONAL DISTRICT
Rem A Rem B e a v e r e v a e B LOT A, DISTRICT 31, ALBERNI DISTRICT, PLAN 5499
To be rezoned from Rural (A2) District to Small Holdings (A1) District.
DD 394436 I 394436 DD
P L A N 5 4 9 9 9 4 5 N A L P
"R" DD83451N "R" "S" A
8102
VIP72419 WELLHAM 0 1
VIP86640 100m 1
7960 MH
2 3
7968 RD. 8200 8084 8150 8088 7990
CAMERON RD.
17003 CAMERON RD 8051 8081 8097 7953
Cameron 8031
A 8107
PLAN 40680 PLAN
16591
PLAN PLAN 32239 PLAN A 1 2
A
17003 & 40680 & 17003
OF SAID L EXC PLS 16591 PLS EXC L SAID OF NT 20 CH FROM THE NLY BDY NLY THE FROM CH 20 NT A 400m
Alberni-Clayoquot Regional District Board of Directors Meeting Schedule DECEMBER 2018 DATE MEETING TIME & LOCATION ATTENDEES Wednesday, Alberni Valley & 9:30 am – Regional Committee, Staff December 5, Bamfield Committee District Board Room 2018 Meeting
Electoral Area Directors 1:30 pm – Regional Committee, Staff Meeting District Board Room Wednesday, Committee of the 9:30 am – Regional Board, Staff December 12, Whole District Board Room 2018 Board of Directors 1:30 pm – Regional Board, Staff Meeting District Board Room December 25, ACRD 2018 – January Office will be closed. 1, 2019 Inclusive
NOVEMBER 28, 2018
85 SUMMARY OF REVENUE AND EXPENDITURES FOR PERIOD ENDING OCTOBER 31, 2018 (PAGE 1)
2018 YEAR TO 2018 ANNUAL PERCENTAGE DATE ACTUAL BUDGET OF BUDGET
REVENUE Tax requisition$ 5,166,548 $ 5,168,482 99.96% Parcel taxes 856,915 856,914 100.00% Parcel tax prepayment 107,756 ‐ N/A Grants in lieu of taxes 89,862 30,500 294.63% Services provided to other governments 33,166 34,345 96.57% Sale of services 4,101,171 4,199,740 97.65% Other revenue 250,742 192,500 130.26% Grants from other sources 1,196,730 3,105,156 38.54% Surplus (deficit) from prior years 2,032,989 2,067,012 98.35% Committed surplus from prior year 2,607,896 2,681,228 97.26% Transfers between services 12,557 69,439 18.08%
SUBTOTAL 16,456,332 18,405,316 89.41%
Transfers from Municipalities for Municipal Finance Authority $ 750,999 $ 754,000 99.60%
TOTAL REVENUE $ 17,207,331 $ 19,159,316 89.81%
86 SUMMARY OF REVENUE AND EXPENDITURES FOR PERIOD ENDING OCTOBER 31, 2018 (PAGE 2)
2018 YEAR TO 2018 ANNUAL PERCENTAGE EXPENDITURES DATE ACTUAL BUDGET OF BUDGET All Members E911 Telephone System 303,028 307,000 98.71% General Government Services 1,633,820 2,094,500 78.01% Alberni‐Clayoquot Health Network 80,604 136,500 59.05% Regional Parks 28,639 37,000 77.40% Regional Planning 136,105 192,568 70.68% Electoral Area's Building Inspection 198,392 292,500 67.83% Electoral Area Administration 114,179 1,709,597 6.68% Mgmt of Development ‐ Rural Areas 259,582 432,000 60.09% Vancouver Island Regional Library 452,294 454,000 99.62% Alberni Valley Alberni Valley Emergency Planning 115,488 190,000 60.78% Alberni Valley & Bamfield Waste Mgmt 2,402,089 2,718,500 88.36% Alberni Valley Regional Airport 566,250 864,500 65.50% Alberni Valley Regional Water ‐ Proposed 6,000 11,016 54.47% Custom Transit 315,203 564,000 55.89% Sproat Lake Marine Patrol 35,990 37,000 97.27% West Coast Long Beach Airport 454,091 994,692 45.65% West Coast Emerg. Coordination ‐ Proposed ‐ 9,000 0.00% West Coast Emergency Planning 13,005 24,500 53.08% West Coast Multiplex 4,500 5,512 81.64% West Coast Waste Mgmt 924,245 1,171,000 78.93% City of Port Alberni Port Alberni Arena 39,680 199,000 19.94% Bamfield Bamfield Community Park 11,380 13,500 84.30% Bamfield Volunteer Fire Dept 86,676 132,345 65.49% Bamfield Water System 870,072 1,597,289 54.47% Beaufort Mountain Ranch Rd Fire Protection 3,440 3,465 99.28% Long Beach Millstream Water System 22,557 129,596 17.41% Salmon Beach Garbage 22,375 24,000 93.23% Salmon Beach Power Distribution 62,179 110,100 56.48% Salmon Beach Recreation 27,709 32,400 85.52% Salmon Beach Security 38,032 50,850 74.79% Salmon Beach Sewage 66,490 72,650 91.52% Salmon Beach Transportation 105,233 174,000 60.48% Salmon Beach Water 61,268 69,550 88.09% South Long Beach Bike Path 7,154 7,200 99.36% South Long Beach Community Park ‐ 7,500 0.00% South Long Beach Fire Protection 14,072 14,000 100.51% South Long Beach Street Lighting 696 975 71.38% Sproat Lake Sproat Lake Animal Control 929 3,100 29.97% Sproat Lake Arena ‐ 27,850 0.00% Sproat Lake Community Park 85,887 201,000 42.73% Sproat Lake Noise Control 2,983 7,100 42.01% Sproat Lake Volunteer Fire Department 281,835 408,950 68.92% Beaver Creek Arvay Rd Street Lighting 1,110 1,550 71.61% Beaver Creek Animal Control 1,279 3,000 42.63% Beaver Creek Community Park 17,986 25,000 71.94% Beaver Creek Arena ‐ 20,907 0.00% Beaver Creek Noise Control 929 2,100 44.24% Beaver Creek Volunteer Fire Department 264,317 293,000 90.21% Beaver Creek Water System 953,649 1,209,110 78.87% Granville Rd Fire Protection 1,767 1,792 98.60% Cherry Creek Cherry Creek Animal Control 929 3,152 29.47% Cherry Creek Arena ‐ 17,425 0.00% Cherry Creek Noise Control 929 2,100 44.24% Cherry Creek Community Park 2,709 13,000 20.84% Grants‐in‐Aid Total Grants in Aid 274,471 310,687 88.34% 11,374,226 17,434,628 65.24% Transfers to Municipal Finance Authority on behalf of the Municipalities 750,999 754,000 99.60% $ 12,125,225 $ 18,188,628 66.66% 87 REGIONAL DISTRICT OF ALBERNI-CLAYOQUOT BUILDING INSPECTOR'S REPORT OCTOBER, 2018
BAMFIELD BEAUFORT LONG BEACH SPROAT LAKE BEAVER CREEK CHERRY CREEK TOTALS BUILDING TYPE # VALUE # VALUE # VALUE # VALUE # VALUE # VALUE # VALUE Single Family 1 316,650 2 501,620 3 818,270 Mobile Homes 1 47,408 1 47,408 Multi-Family 00 Adds&Rens 2 26,488 1 5,169 3 31,657 Commercial 00 Institutional 00 Industrial 00 Miscellenaous 2 18,633 1 34,143 3 52,776 Totals 0 0 1 316,650 0 0 2 18,633 3 73,896 4 540,932 10 950,111
REGIONAL DISTRICT OF ALBERNI-CLAYOQUOT BUILDING INSPECTOR'S REPORT OCTOBER, 2018 TO DATE
BAMFIELD BEAUFORT LONG BEACH SPROAT LAKE BEAVER CREEK CHERRY CREEK TOTALS BUILDING TYPE # VALUE # VALUE # VALUE # VALUE # VALUE # VALUE # VALUE Single Family 1 55,000 7 2,103,457 5 693,188 9 2,691,062 9 1,829,611 3 600,620 34 7,972,938 Mobile Homes 0 0 1 6,980 0 0 1 109,310 5 252,649 0 0 7 368,939 Multi-Family 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Adds&Rens 1 12,543 0 0 1 26,132 2 277,351 4 60,169 6 235,988 14 612,183 Commercial 0 0 0 0 0 0 0 0 0 0 1 35,000 1 35,000 Institutional 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Industrial 0 0 0 0 0 0 0 0 1 400,523 0 0 1 400,523 Miscellenaous 1 14,610 0 0 5 86,160 19 282,699 9 428,342 4 107,789 38 919,600 Totals 3 82,153 8 2,110,437 11 805,480 31 3,360,422 28 2,971,294 14 979,397 95 10,796,653
BEAUFORT/ BAMFIELD BEAVER CREEK LONG BEACH SPROAT LAKE CHERRY CREEK TOTAL YTD TOTAL WOODSTOVE INSPECTIONS 12 2 525
YEAR TO DATE TOTAL YEAR YEAR TO DATE TOTAL YEAR 2017 95 12,285,134 103 12,826,449 2016 72 10,035,462 82 10,545,063 2015 76 6,368,780 89 8,577,170 2014 65 6,085,200 73 7,121,200 2013 71 7,476,551 81 8,208,948 2012 81 7,852,682 92 9,011,700 2011 111 8,678,998 120 9,221,498 2010 137 20,809,024 149 21,524,170 2009 63 6,581,912 123 11,302,380 1999 37 1,805,788 80 3,348,092 2008 73 9,556,826 147 22,682,130 1998 41 1,650,426 75 3,320,890 2007 73 7,016,424 163 15,007,877 1997 48 2,779,466 104 10,025,166 2006 84 7,663,595 161 15,909,705 1996 69 5,542,700 128 9,050,554 2005 74 8,278,645 138 12,962,379 1995 61 5,910,000 116 9,641,300 2004 77 6,842,554 133 11,036,854 1994 92 6,327,000 151 7,915,500 2003 37 3,671,688 97 6,925,356 1993 82 5,774,000 167 10,864,000 2002 42 1,754,970 76 2,986,134 1992 87 5,660,000 173 11,192,500 2001 40 3,734,396 89 5,790,126 1991 57 3,115,520 126 7,155,120 2000 43 2,009,157 88 4,095,339 1990 53 5,240,500 118 6,323,900
88
3008 Fifth Avenue, Port Alberni, B.C. CANADA V9Y 2E3 Telephone (250) 720-2700 FAX: (250) 723-1327
TO: ACRD Board of Directors
FROM: Alex Dyer, MCIP, RPP, Planner
DATE: November 28, 2018
RE: Monthly Activity Report – Planning and Development
2017 2018 APPLICATION Total Total 10 16 Rezoning 21 38 Development Permit and Development Variance Permit 9 11 Subdivisions 2 1 Agricultural Land Reserve 2 0 Board of Variance 11 4 Crown Leases 30 27 Bylaw Enforcement 15 10 Miscellaneous n/a 7 Temporary Use Permits 100 114 TOTAL APPLICATIONS RECEIVED
Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe and Toquaht Nation, Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek) 89