CITY OF WILLIAMS LAKE
REGULAR COUNCIL AGENDA
COUNCIL CHAMBERS - CITY HALL - 450 MART STREET SEPTEMBER 15, 2020 6:00 PM
Page
CALL TO ORDER Acknowledgement of meeting being held on traditional Shuswap territory.
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A. ADOPTION OF MINUTES / AGENDA
Page 1 of 159 September 15, 2020 Regular Council
9 - 17 1. Minutes of the Regular Meeting of Council held August 25, 2020
That the Minutes of the Regular Meeting of Council held August 25, 2020 be adopted as circulated.
2. Adoption of Agenda
That Council adopt the agenda as presented.
B. DELEGATIONS
19 1. Dan Simmons & Dwayne Davis re Support for Cow Moose Mural Project
Clerk's Note: That the funding proposal from Dan Simmons and Dwayne Davis for a cow moose mural to be located on the south facing wall of the building located at 665 Oliver Street, adjacent to Seventh Avenue South, be received, and that Council consider early budget approval for the 2021 mural project in the amount of $15,000 for this mural.
C. REPORTS
1. FINANCE
21 - 35 a) A/P Computer Cheque and EFT Listings
Recommendation: That the accounts payable computer cheque and EFT listings dated August 26, 27, 28, 31, September 1, 3, and 10, 2020 be received for information.
2. GENERAL GOVERNANCE
Page 2 of 159 September 15, 2020 Regular Council
37 - 50 a) OCP & Zoning Amendment Applications - Bylaws No. 2328 & 2329 - Bravi - Changed to Mixed Use (MU) Designation & Highway Commercial (CS-3) Zone - 1513 Highway 97 South
Recommendation: That pursuant to the report of the Development Services Technician dated September 10, 2020, Council receive the information regarding the OCP public consultation conducted August 26 to September 10, 2020 for Bylaw No. 2328 and preliminary comments from the Ministry of Transportation and Infrastructure for Bylaw No. 2329; and further, that second readings be given to Official Community Plan Amendment Bylaw No. 2328, 2020 and Zoning Amendment Bylaw No. 2329, 2020, and a Public Hearing for both applications be scheduled for October 6, 2020 at 7:00 PM in the Council Chambers of City Hall and staff be directed to issue notice of the application to property owners and tenants within a 100 metre radius of the subject property advising of the time and date.
51 - 99 b) Tourism Discovery Centre (TDC) Lease Renewals - Chamber of Commerce & Museum Society - Approval
Recommendation: That pursuant to the report of the Corporate Officer dated September 11, 2020, Council approve the Lease Agreements with the Williams Lake and District Chamber of Commerce and the Museum of the Cariboo Chilcotin Society for the Tourism Discovery Centre (TDC) located at 1660 Broadway Avenue South, legally described as Lot A, District Lot 8818, Cariboo District, Plan BCP27178, for a five-year term effective January 1, 2020, with an option for two additional five-year renewal terms each; and further, the Mayor and Corporate Officer be authorized to sign the Agreements on behalf of the City.
101 - 103 c) Poll of Council - GPS Survey Equipment
Recommendation: That pursuant to the report of the Senior Engineering Technologist dated September 4, 2020, the poll of Council conducted on September 4, 2020 authorizing $20,850 be allocated from general revenue for survey equipment in order to take advantage of bundle pricing to replace the City’s aging GPS system, be ratified.
Page 3 of 159 September 15, 2020 Regular Council
105 - 110 d) Poll of Council - Letters of Support for Investment in Forest Industry Transition Program Applicants
Recommendation: That pursuant to the report of the Economic Development Officer dated September 3, 2020, the poll of Council conducted on September 2, 2020 authorizing three letters of support for the following applicants to the Investment in Forest Industry Transition program: • Dürfeld Log and Timber for their continued development of a log processing machine, • Elhdaqox RNG for a landscape plan feasibility study to support their community-based LNG project, and • Xat’sull Pellets for a landscape feasibility study to support their community-based pellet project, be ratified.
111 - 115 e) Poll of Council - UBCM Resolution NR68 Letter of Support
Recommendation: That pursuant to the report of the Corporate Officer dated September 8, 2020, the poll of Council conducted on September 2, 2020 directing staff to prepare a letter to all UBCM members promoting UBCM Resolution NR68 (re: Early Childhood Education Labour Force Shortage) prior to its consideration at the 2020 UBCM Convention, be ratified.
117 - 120 f) UBCM Resolutions Process
Recommendation: That the report of the Corporate Officer and Executive Assistant dated September 10, 2020 be received and Council provide direction to staff regarding any further action to be taken on UBCM resolutions being considered at the 2020 AGM and Convention.
3. PUBLIC WORKS
121 - 123 a) Replacement of Cow Boss Statue - Update
Recommendation: That pursuant to the report of the Manager of Public Works dated August 31, 2020, Council provide direction on how to proceed with the replacement of the retired Cow Boss carving and the amount to be included in the 2021 budget submission for the project.
Page 4 of 159 September 15, 2020 Regular Council
125 - 126 b) Dairy Queen Call Out Bill Dispute - Invoice 21739
Recommendation: That pursuant to the report of the Manger of Public Works dated September 4, 2020, Council receive the property owner’s request for waiving $172.64 under invoice 21739 and that the request be denied.
4. COMMUNITY SERVICES
5. EXECUTIVE COMMITTEE
D. BYLAWS
127 - 130 1. Zoning Amendment Application - Bylaw No. 2332 - T.R. Underwood Engineering Ltd. (AFYA Wellness Inc.) - CD-12 to C-1 Zone - 452 Borland Street
Clerk's Note: THIS BYLAW IS SUBJECT OF A PUBLIC HEARING. Council may give third reading to Zoning Amendment Bylaw No. 2332, 2020 and forward the Bylaw to the Ministry of Transportation & Infrastructure for approval.
E. COMMITTEE OF WHOLE COUNCIL REPORTS
F. CORRESPONDENCE
131 - 134 1. DWLBIA - Mural Approval & Funding Request 2020
Clerk's Note: That the letter from the Downtown Williams Lake Business Improvement Association dated August 20, 2020 be received and Council endorse their mural design proposal for the side of the building located at 29 Third Avenue South; and further, $5,000 from the annual mural budget be issued to the DWLBIA toward this project.
G. PROCLAMATIONS
Page 5 of 159 September 15, 2020 Regular Council
135 - 136 1. Proclamation - "National Forest Week"
Clerk's Note: That pursuant to the request of the Canadian Institute of Forestry in their letter dated September 3, 2020, the week of September 20 to 26, 2020 be proclaimed "National Forest Week" in the City of Williams Lake, pursuant to City Policy.
H. IN-CAMERA ITEMS FOR PUBLIC INFORMATION
I. NOTICE OF MOTION
J. OTHER BUSINESS / LATE ITEMS
K. INFORMATION / ANNOUNCEMENTS / ROUND TABLE
137 - 159 1. Council Information Package
Clerk's Note: That the Council Information Package for September 15, 2020 containing the following be received for information: • August 21, 2020 - CRD Board Highlights; • August 27, 2020 - UBCM Response Letter re Regional Letter to 2020 UBCM Convention Committee on Designated Time for Resolution Discussions; • August 31, 2020 - Minister Simpson re 'You've Got Talent Hiring Guide for Cariboo-Chilcotin Employers'; • August 31, 2020 - SPCA Response Letter re Unauthorized Use of E-Mail Addresses for SPCA Messaging; and • September 9, 2020 - NCLGA Advocacy Summary Report. • September 14, 2020 - GenWell Project re 'ShowUsYourBubble' Campaign
2. COVID-19 Community Update
3. Roundtable
L. ADJOURNMENT
Page 6 of 159 September 15, 2020 Regular Council
1. Adjournment
That this meeting be adjourned.
Page 7 of 159 Page 8 of 159 MINUTES OF THE REGULAR MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBERS ON TUESDAY, AUGUST 25, 2020 AT 6:00 PM
PRESENT: Mayor W.L. Cobb Councillors S.J. Boehm, I.N. Bonnell, M.Y. Brenner, S.D. Nelson, J. Ryll and C.R. Smith
IN ATTENDANCE: M. Macdonald, Chief Administrative Officer R. Coupé, Corporate Officer V. Kozubenko, Chief Financial Officer H. Navdi, Director of Development Services R. Schill, Legislative Services Coordinator G. Muraca, Director of Municipal Services P. Mahood, Manager of Public Works R. Shadman, Local Government Intern
DELEGATIONS: 1) Staff Appreciation Presentation (see item B1) • A. Williston, Director of Human Resources • K. Dressler, Executive Assistant • R. Nikolai, Building Inspector • D. Walters, Bylaw Services Officer
CALL TO ORDER
A1. Minutes of the Regular Meeting of Council held August 11, 2020
RES #248/20
Moved and Seconded
That the Minutes of the Regular Meeting of Council held August 11, 2020 be adopted as circulated.
CARRIED
Page 9 of 159 1. Minutes of the Regular Meeting of Council held August 25, 2020 August 25, 2020 Regular Council Meeting Minutes Page 2
A2. Adoption of Agenda
RES #249/20
Moved and Seconded
That Council adopt the agenda as presented.
CARRIED
B1. Presentation - Letters of Recognition to Staff
• Mayor Cobb presented letters of recognition to staff members: Ashley Williston, Kim Dressler, Riener Nikolai and Derrick Walters for their actions in assisting a member of the public in distress at Herb Gardner Park.
C2c. Youth for Christ Encroachment - Gifting of Retaining Wall Request - 245 Cameron Street
• Council unanimously waived the usual rules of procedure and moved the Youth for Christ Encroachment item up in the agenda and invited organization's executive director, Corwin Smid to address Council.
RES #250/20
Moved and Seconded
That the report of the Development Services Technician dated August 21, 2020, together with the letter from Youth for Christ dated August 5, 2020, be received and that Youth for Christ be requested to enter into an encroachment agreement or remove the retaining wall and staff be directed to pursue a notice on title regarding the wall.
CARRIED
Page 10 of 159 1. Minutes of the Regular Meeting of Council held August 25, 2020 August 25, 2020 Regular Council Meeting Minutes Page 3
C1a. A/P Computer Cheque and EFT Listings
RES #251/20
Moved and Seconded
That the accounts payable computer cheque and EFT listings dated July 31, August 11, 13, 20 and 21, 2020 be received for information.
CARRIED
C2a. Zoning Amendment Application - Bylaw No. 2332 - T.R. Underwood Engineering Ltd. (AFYA Wellness Inc.) - CD-12 to C-1 Zone - 452 Borland Street
RES #252/20
Moved and Seconded
That pursuant to the report of the Development Services Technician dated August 19, 2020, Council accept the application from T. R. Underwood Engineering Ltd., with authorization from property owner AFYA Wellness Inc., requesting to amend City of Williams Lake Zoning Bylaw No. 1825, 2002 by rezoning the subject property addressed as 452 Borland Street, legally described as Lot 1, Block 21, District Lot 71, Cariboo District, Plan 2432, Except Parcel A (Plan B7003), from Comprehensive Development Zone (CD-12) to Town Centre Commercial (C-1), subject to approval from the Ministry of Transportation and Infrastructure, and by amending Section 312.1 “Permitted Land Uses” in the C-1 zone to allow an exemption from the loading zone requirement for “Office” use for the subject property only, and first and second readings be given to Zoning Amendment Bylaw No. 2332, 2020; and further, a Public Hearing be scheduled for September 15, 2020 at 7:00 PM in the Council Chambers of City Hall and staff be directed to issue notice of the application to property owners and tenants within a 100 metre radius of the subject property advising of the time and date.
CARRIED
Page 11 of 159 1. Minutes of the Regular Meeting of Council held August 25, 2020 August 25, 2020 Regular Council Meeting Minutes Page 4
C2b. OCP & Zoning Amendment Applications - Bylaws No. 2328 & 2329 - Bravi - Changed to Mixed Use (MU) Designation & Highway Commercial (CS-3) Zone - 1513 Highway 97 South
RES #253/20
Moved and Seconded
That pursuant to the report of the Development Services Technician dated August 20, 2020, Council accept the applications from Becky Bravi to amend City of Williams Lake Official Community Plan Bylaw No. 2140, 2011 by changing the land use designation of the subject property, addressed as 1513 Highway 97 South, legally described as Block D, Except Plans 4689, 7391, H368, PGP37861 and Part Subdivided by Plan BCP28968, District Lot 8817, Cariboo District, Plan 4189, as shown on Schedule “A” of proposed OCP Amendment Bylaw No. 2328, from Commercial-Highway (CH) to Mixed Use (MU), and to amend City of Williams Lake Zoning Bylaw No. 1825, 2002 by rezoning the subject property, as shown on Schedule “A” of proposed Zoning Amendment Bylaw No. 2329, from Service Commercial (CS-1) to Highway Commercial (CS-3) and by amending Section 316.1 of the proposed CS-3 zone in City of Williams Lake Zoning Bylaw No. 1825, 2002 by adding ‘Single Family Dwelling’ as a Permitted Land Use with a maximum of two single family dwellings on the subject property, subject to approval from the Ministry of Transportation and Infrastructure, and first readings be given to Official Community Plan Amendment Bylaw No. 2328, 2020 and Zoning Amendment Bylaw No. 2329, 2020; and further, Council direct staff to issue notice of the OCP Public Consultation, to be conducted by request of written submissions, to property owners and tenants within a 100m radius of the subject property advising of the deadline of 4:30 PM on September 10, 2020 for these submissions, Council Policy No. 197 be waived and Staff be further directed to initiate notice of the consultation period to the School District No. 27 Board pursuant to Section 475 of the Local Government Act.
CARRIED
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C2d. Tourism Discovery Centre (TDC) Lease Renewals - Chamber of Commerce & Museum Society
RES #254/20
Moved and Seconded
That pursuant to the report of the Corporate Officer dated August 20, 2020, Council approve in principle the proposed leases with the Williams Lake and District Chamber of Commerce and the Museum of the Cariboo Chilcotin for a term of five years each, effective May 1, 2021 with an option for two additional five year renewals, and a lease rate of $1.00 including applicable taxes, and the required Notices of Disposition be published in accordance with Section 26 (3) of the Community Charter; and further, subsequent consideration of approval of the lease agreements be referred to a future Council Meeting.
SEE BELOW
RES #255/20
Moved and Seconded
That the draft leases be amended to include a dispute resolution process and that an administrative oversight process be established to allow all three parties to review and address issues and opportunities as they arise.
CARRIED
Question on the main motion as amended.
CARRIED
C3a. Highway 20 Water Main Crossing Emergency Repair - Award of Tender
RES #256/20
Moved and Seconded
That pursuant to the report of the Manager of Public Works dated August 20, 2020, Council award the tender for the repair to the zone 1 water main under Highway 20 to Morben Contracting Ltd. for the tendered price of $132,841 plus relevant taxes, with an additional $3,880.00 to True Engineering for engineering services required for design drawing and tender preparation.
CARRIED
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D1. Financial Plan Amendment Bylaw No. 2330, 2020 - Adoption
RES #257/20
Moved and Seconded
That "City of Williams Lake Financial Plan Amendment Bylaw No. 2330, 2020" be reconsidered and adopted.
CARRIED
D2. OCP Amendment Application - Bylaw No. 2333 - Grassland Equipment Ltd. - Portion Changed to Mixed Use (MU) Designation - 600 Eleventh Avenue North - Adoption
RES #258/20
Moved and Seconded
That "City of Williams Lake Official Community Plan Amendment Bylaw No. 2333, 2020" be reconsidered and adopted.
CARRIED
D3. Zoning Amendment Application - Bylaw No. 2334 - Grassland Equipment Ltd. - Portion Changed to Service Commercial (CS-1) Zone - 600 Eleventh Avenue North - Adoption
RES #259/20
Moved and Seconded
That approval of the Ministry of Transportation and Infrastructure dated August 13, 2020 be received and "City of Williams Lake Zoning Amendment Bylaw No. 2334, 2020" be reconsidered and adopted.
CARRIED
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E1. 2021 Budget and Financial Plan Timeline and Direction
RES #260/20
Moved and Seconded
That pursuant to Committee of Whole Council Report #08-2020, the report of Chief Financial Officer dated July 24, 2020 be received and Council approve the proposed 2021 budget and five-year financial plan timeline; and further, staff be directed to prepare the 2021 budget for Council review, targeting: • A 0% increase in tax rates, • A 0% increase in water and sewer rates, • Encouragement for building the community upwards and within the city boundaries, • No change in existing city services, • No additional staff positions, • No contracts entered into without prior Council approval, and • Encouragement for seeking additional/unconventional revenue sources.
CARRIED
F1. Big Brothers Big Sisters of Williams Lake - Letter of Support Request
RES #261/20
Moved and Seconded
That the letter from the Big Brothers Big Sisters of Williams Lake dated August 18, 2020 be received and Council provide a letter of support for their application to the Province' Community Gaming Grant stream for funding toward their In-School Mentoring Program.
CARRIED
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G1. Proclamation - "Waste Reduction Week"
RES #262/20
Moved and Seconded
That pursuant to the request of the Recycling Council of British Columbia in their letter dated August 11, 2020, the week of October 19 to 25, 2020 be proclaimed "Waste Reduction Week" in the City of Williams Lake, pursuant to City Policy.
CARRIED
K1. Council Information Package
RES #263/20
Moved and Seconded
That the Council Information Package for August 25, 2020 containing the following be received for information: • August 12, 2020 - Joint City-CRD News Release re Housing Study Launch; • August 12, 2020 - NDIT Northern Dispatch Report re 'The State of Northern BC: Economic Impacts of COVID-19'; • August 12, 2020 - Town of Comox re National Pharmacare Call to Action; • August 16, 2020 - Letters to Council Requesting Ban on Use of Rodenticides; • August 18, 2020 - Letters from Mr. Pickford re Elimination of Recording of Movers and Seconders of Motions on Council Minutes; and • August 21, 2020 - Interior Health Authority Release re Urging Evacuation Planning for Christie Mountain Wildfire.
CARRIED
K1(ii). Letter to BC SPCA re Form Letters to Council Requesting Ban on Use of Rodenticides
RES #264/20
Moved and Seconded
That staff be directed to follow up with the SPCA to inform them of the concerns raised by members of the public related to the auto-generated emails sent to Council without the signatory's consent.
CARRIED
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L1. Adjournment
RES #265/20
Moved and Seconded
That this meeting be adjourned.
CARRIED
Time: 6:56 PM
CORPORATE OFFICER MAYOR
Page 17 of 159 1. Minutes of the Regular Meeting of Council held August 25, 2020 Page 18 of 159 Page 19 of159
B1 1. Dan Simmons& Dwayne DavisreSupport for Cow Moose MuralProject Page 20 of 159 C1a
Page 21 of 159 a) A/P Computer Cheque and EFT Listings Page 22 of 159 a) A/P Computer Cheque and EFT Listings Page 23 of 159 a) A/P Computer Cheque and EFT Listings Page 24 of 159 a) A/P Computer Cheque and EFT Listings Page 25 of 159 a) A/P Computer Cheque and EFT Listings Page 26 of 159 a) A/P Computer Cheque and EFT Listings Page 27 of 159 a) A/P Computer Cheque and EFT Listings Page 28 of 159 a) A/P Computer Cheque and EFT Listings Page 29 of 159 a) A/P Computer Cheque and EFT Listings Page 30 of 159 a) A/P Computer Cheque and EFT Listings Page 31 of 159 a) A/P Computer Cheque and EFT Listings Page 32 of 159 a) A/P Computer Cheque and EFT Listings Page 33 of 159 a) A/P Computer Cheque and EFT Listings Page 34 of 159 a) A/P Computer Cheque and EFT Listings Page 35 of 159 a) A/P Computer Cheque and EFT Listings Page 36 of 159 C2a
CITY OF WILLIAMS LAKE COUNCIL REPORT
DATE OF REPORT: September 10, 2020 DATE & TYPE OF MEETING: September 15, 2020 Regular Council Meeting AUTHOR: Brenda Kolenbrander, Development Services Technician SUBJECT: OFFICIAL COMMUNITY PLAN AND ZONING BYLAW AMENDMENTS – 1513 HIGHWAY 97 SOUTH FILE: BL2328; BL2329
Recommendation
That Council receive the information regarding the OCP public consultation conducted August 26 to September 10, 2020 for Bylaw No. 2328 and preliminary comments from the Ministry of Transportation and Infrastructure for Bylaw No. 2329; and further, that second readings be given to Official Community Plan Amendment Bylaw No. 2328, 2020 and Zoning Amendment Bylaw No. 2329, 2020, and a Public Hearing for both applications be scheduled for October 6, 2020 at 7:00 PM in the Council Chambers of City Hall and staff be directed to issue notice of the application to property owners and tenants within a 100 metre radius of the subject property advising of the time and date.
Purpose The purpose of this report is to update Council with information received since first reading of these bylaws and inform Council of the outcome of the OCP public consultation for which written submissions were accepted until 4:30pm on Thursday, September 10th, 2020.
Staff are also seeking second reading of the proposed OCP Amendment Bylaw No. 2328 and Zoning Amendment Bylaw No. 2329. If adopted, these bylaws would rezone the property to a variant of the Highway Commercial (CS-3) zone that permits two single family dwellings on the subject property and change the OCP land use designation to Mixed Use (MU) so that both residential and commercial uses are permitted on the property.
These applications are intended to legalize the two existing single-family dwellings located on the property, while still allowing some commercial uses on the property for future development potential.
A tentative schedule for readings, consultation, and consideration of the application is as follows, should Council choose to proceed: First Readings and MOTI Preliminary Referral August 25, 2020 OCP Public Consultation Submissions accepted until September 10, 2020 Second Readings September 15, 2020 Public Hearing, Third Readings & MOTI Referral October 6, 2020 Adoption October 20, 2020* *Tentative date; bylaw adoption would be subject to MOTI approval.
Page 37 of 159 a) OCP & Zoning Amendment Applications - Bylaws No. 2328 & 2329 - Bravi ... 1513 Highway 97 South – OCP and Zoning Bylaw Amendments Page 2
Background / Discussion By Council Resolution No. 253/20 dated August 25, 2020, Council gave first reading to proposed OCP Amendment Bylaw No. 2328 and Zoning Amendment Bylaw No. 2329. At this meeting, staff were also directed to initiate early referral to the Ministry of Transportation and Infrastructure (MOTI) and OCP public consultation in the form of written submissions.
Agency Referrals: Staff have received preliminary comments from the Ministry of Transportation and Infrastructure (MOTI) (Attachment D). At this time, MOTI has stated that they do not have any objections in principle to the proposed Zoning Amendment Bylaw No. 2329; however, the property owner was required to apply for a Controlled Access Highway Permit. On September 4, 2020, the property owner was issued this permit for the existing driveway access off Highway 97 South. Bylaw No. 2329 will be referred back to MOTI for approval prior to adoption.
Staff have not received any comments back from the School District.
Public Consultation: Pursuant to Section 475 of the Local Government Act, staff undertook OCP public consultation by accepting written submissions until 4:30pm on Thursday, September 10th. The public consultation comment period has now closed, and staff have not received any written submissions as of the date of this report.
That being said, staff did receive some verbal questions and comments about the proposal during the consultation period. Comments mostly consisted of concern over the instability of the slope on this site and over further development of this site contributing to potential sloughing of the bank that slopes down towards Duncan Road. Staff clarified that this proposal is intended to legalize the two existing single-family dwellings and that no further development of the site is being proposed at this time.
Staff note that the current zoning of the site would already permit the property owner to develop this into a commercial property since it is currently zoned Service Commercial (CS-1). The property owner expressed that they do not want this rezoning to decrease the value of their property, so they are interested in rezoning to still permit commercial uses, in addition to legalizing the existing dwellings on the property. Staff suggested a rezoning from Service Commercial (CS-1) to a variant of the Highway Commercial (CS-3) permitting two single family dwellings on the property. This is because staff feel uses permitted under the CS-3 zone would be more compatible with surrounding land uses.
This property is in an area with steep slopes meaning any proposed building on the site would likely require a geotechnical engineer to assess the stability of this slope. A building inspector would make this determination at the building permit stage if a redevelopment of the site were ever proposed.
Conclusion: No formal comments have been brought forward by members of the public about this proposal and property owners and tenants within 100m of the subject property will have a more formal opportunity to voice their concerns and provide comments at the public hearing for these bylaws.
Page 38 of 159 a) OCP & Zoning Amendment Applications - Bylaws No. 2328 & 2329 - Bravi ... 1513 Highway 97 South – OCP and Zoning Bylaw Amendments Page 3
Financial Considerations (Cost and Resource Allocation)
☐ Yes (explain) ☒ N/A
Legislative Considerations (Applicable Policies and/or Bylaws)
☒ Yes (explain) ☐ N/A
These applications seek to amend the City of Williams Lake Official Community Plan Bylaw No. 2140, 2011 and Zoning Bylaw No. 1825, 2002.
Pursuant to Section 52 of the Transportation Act, Council may not adopt this rezoning after third reading until it has been approved by the Ministry of Transportation & Infrastructure.
This project aligns with the following Strategic Priority Areas:
☒ Resilient and Diversified Economy ☐ Strong Community Relationships ☐ Financial Stability and Sound Asset Management ☐ Positive Community Image ☐ Healthy and Inclusive Workplace ☐ Other
Other Implications (Environmental/Social/Economic)
☒ Yes: A Public Hearing will be scheduled to received comments from surrounding property owners and tenants on the subject applications. ☐ N/A
This report has been prepared in consultation with:
Development Services Corporate Services
CAO Comments
N/A
Respectfully submitted,
Brenda Kolenbrander Development Services Technician
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ATTACHMENTS: Attachment A – Bylaw No. 2328 Attachment B – Bylaw No. 2329 Attachment C – Notice of Public Hearing and Explanatory Note Attachment D – MOTI preliminary comments dated August 28, 2020
Page 40 of 159 a) OCP & Zoning Amendment Applications - Bylaws No. 2328 & 2329 - Bravi ...
CITY OF WILLIAMS LAKE BYLAW NO. 2328
BEING A BYLAW OF THE CITY OF WILLIAMS LAKE TO AMEND BYLAW NO. 2140 BEING THE "WILLIAMS LAKE OFFICIAL COMMUNITY PLAN BYLAW NO. 2140, 2011"
WHEREAS Section 472 of the Local Government Act empowers the Municipal Council of the City of Williams Lake to adopt an Official Community Plan;
AND WHEREAS the Council of the City of Williams Lake has adopted Bylaw No. 2140, cited as the "Williams Lake Official Community Plan Bylaw No. 2140, 2011”, and amendments thereto;
AND WHEREAS the Local Government Act authorizes the Council to amend the Official Community Plan after a Public hearing;
AND WHEREAS Section 466 of the Local Government Act provides that notice be mailed or otherwise delivered to the occupiers of all real property within the area and within a distance as specified in the Bylaw;
AND WHEREAS for the purposes of this Bylaw the defined specified area is all properties within a distance of One Hundred Meters (328 feet);
AND WHEREAS an application has been received to re-designate a property by amending the Official Community Plan.
NOW THEREFORE the Council of the City of Williams Lake in open meeting assembled hereby enacts as follows:
1. Title
This Bylaw may be cited for all purposes as the "Williams Lake Official Community Plan Amendment Bylaw No. 2328, 2020".
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2. Designation
Bylaw No. 2140, 2011, as amended, being the "Williams Lake Official Community Plan Bylaw No. 2140, 2011", is hereby amended by redesignating the following property:
Block D, Except Plans 4689, 7391, H368, PGP37861, and Part Subdivided by Plan BCP28968, District Lot 8817, Cariboo District, Plan 4189
as indicated below and highlighted on the map attached as Schedule “A”, which map is declared to be and forms an integral part of this Bylaw:
From: Commercial-Highway (CH) To: Mixed Use (MU)
3. Adoption
This Bylaw shall come into force and take effect upon the date of final adoption by the Council of the City of Williams Lake.
READ A FIRST TIME THIS 25th DAY OF August , 2020 PUBLIC CONSULTATION ADVERTISED 26th & 10th DAYS OF August & Sept. , 2020 READ A SECOND TIME THIS DAY OF , 2020 ADVERTISED DAY OF , 2020 A PUBLIC HEARING HELD ON DAY OF , 2020 READ A THIRD TIME THIS DAY OF , 2020 RECONSIDERED AND ADOPTED THIS DAY OF , 2020
______MAYOR
______CORPORATE OFFICER
Page 42 of 159 a) OCP & Zoning Amendment Applications - Bylaws No. 2328 & 2329 - Bravi ...
Schedule “A” Bylaw No. 2328
OCP land use designation from Commercial-Highway (CH) to Mixed Use (MU)
I, ROSS COUPÉ, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE SCHEDULE "A" TO BYLAW NO. 2328 OF THE CITY OF WILLIAMS LAKE.
______CORPORATE OFFICER
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CITY OF WILLIAMS LAKE BYLAW NO. 2329
BEING A BYLAW OF THE CITY OF WILLIAMS LAKE TO AMEND BYLAW NO. 1825 BEING THE "WILLIAMS LAKE ZONING BYLAW NO. 1825, 2002".
WHEREAS the Local Government Act authorizes the Municipal Council to amend Zoning Bylaws after a Public Hearing;
AND WHEREAS Section 473 of the Local Government Act empowers the Council to regulate the use of land, buildings and structures within such zones;
AND WHEREAS Section 466 of the Local Government Act provides that notice be mailed or otherwise delivered to the occupiers of all real property within the area and within a distance as specified in the Bylaw;
AND WHEREAS for the purposes of this Bylaw the defined specified area is all properties within a distance of One Hundred Meters (328 feet);
AND WHEREAS an application has been received to rezone a property;
NOW THEREFORE the Council of the City of Williams Lake in open meeting assembled hereby enacts as follows:
1. Title
This Bylaw may be cited for all purposes as the "Williams Lake Zoning Amendment Bylaw No. 2329, 2020".
Page 44 of 159 a) OCP & Zoning Amendment Applications - Bylaws No. 2328 & 2329 - Bravi ... BYLAW NO. 2329 PAGE 2 of 4
2. Designation
Bylaw No. 1825, being the "Williams Lake Zoning Bylaw No. 1825, 2002", is hereby amended by rezoning the following property as indicated below:
Block D, Except Plans 4689, 7391, H368, PGP37861, and Part Subdivided by Plan BCP28968, District Lot 8817, Cariboo District, Plan 4189
as indicated below and highlighted on the map attached as Schedule “A”, which map is declared to be and forms an integral part of this Bylaw:
From: Service Commercial (CS-1) To: Highway Commercial (CS-3)
3. Text Amendment
Bylaw No. 1825, being the "Williams Lake Zoning Bylaw No. 1825, 2002", Division 316.1 “Permitted Land Uses” of the Highway Commercial (CS-3) zone is herby amended as follows:
312.1 Permitted Land Uses Minimum Lot Size Minimum Lot Width
Single Family Dwelling(h) n/a n/a
(h) Two single family dwellings shall be permitted on Block D, Except Plans 4689, 7391, H368, PGP37861, and Part Subdivided by Plan BCP28968, District Lot 8817, Cariboo District, Plan 4189, addressed as 1513 Highway 97 South.
4. Adoption
This Bylaw shall come into force and take effect upon the date of final adoption by the Council of the City of Williams Lake.
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READ A FIRST TIME THIS 25th DAY OF August , 2020 READ A SECOND TIME THIS DAY OF , 2020 ADVERTISED DAY OF , 2020 A PUBLIC HEARING HELD ON DAY OF , 2020 READ A THIRD TIME THIS DAY OF , 2020 APPROVED UNDER THE TRANSPORTATION ACT DAY OF , 2020 RECONSIDERED AND ADOPTED THIS DAY OF , 2020
______MAYOR
______CORPORATE OFFICER
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Schedule “A” Bylaw No. 2329
Rezoning from Service Commercial (CS-1) zone to Highway Commercial (CS-3) zone with two single-family dwellings permitted on this property
I, ROSS COUPÉ, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE SCHEDULE "A" TO BYLAW NO. 2329 OF THE CITY OF WILLIAMS LAKE.
______CORPORATE OFFICER
Page 47 of 159 a) OCP & Zoning Amendment Applications - Bylaws No. 2328 & 2329 - Bravi ... CITY OF WILLIAMS LAKE NOTICE OF PUBLIC HEARING BY THE CITY OF WILLIAMS LAKE ON A BYLAW TO CHANGE THE LAND USE (ZONING) AND A BYLAW TO AMEND THE OFFICIAL COMMUNITY PLAN (OCP)
TAKE NOTICE that the Council of the City of Williams Lake on [DATE], 2020 at 7:00 PM will hold a Public Hearing in the Council Chambers at 450 Mart Street, to hear all persons interested in supporting or objecting to Williams Lake Official Community Plan Amendment Bylaw No. 2328, 2020, being a bylaw of Williams Lake to amend the Williams Lake Official Community Plan Bylaw No. 2140, 2011 and Williams Lake Zoning Amendment Bylaw No. 2329, 2020 being a Bylaw of the City of Williams Lake to amend the "Williams Lake Zoning Bylaw No. 1825, 2002".
Keeping the Provincial health emergency in mind, members of the public are encouraged to submit in writing any questions or comments they may have with respect to the application prior to 4:30 PM on the above date. Members of the public will be provided with an opportunity to speak at the Public Hearing. However, where possible, requests to speak are asked to be submitted in advance by contacting the Corporate Services Department via E-Mail to [email protected], fax to 250-392-4408 or phone to 250-392-1774/1773.
A copy of the proposed Bylaw and relevant background documents may be inspected between 8:30 AM and 4:30 PM, Monday to Friday, inclusive, excluding holidays, from [DATE] to [DATE], 2020, both inclusive, at City Hall, 450 Mart Street, Williams Lake, BC.
DATED at Williams Lake this [DAY] day of [MONTH], 2020.
Ross Coupé, Corporate Officer City of Williams Lake 450 Mart Street Williams Lake, BC V2G 1N3
EXPLANATORY NOTE OF THE PURPOSE AND EFFECT OF BYLAW NO. 2328 AND BYLAW NO. 2329
The purpose of Bylaw No. 2328 is to amend the City of Williams Lake Official Community Plan Bylaw No. 2140, 2011, by changing the land use designation of the subject property from Commercial- Highway (CH) to Mixed Use (MU), as highlighted on the attached map.
The purpose of Bylaw No. 2329 is to amend the City of Williams Lake Zoning Bylaw No. 1825, 2002, by changing the zoning of the subject property from Service Commercial (CS-1) to a variant of the Highway Commercial (CS-3) zone that permits two single family dwellings on the subject property, as highlighted on the attached map.
The subject property is located at 1513 Highway 97 South, legally described as Block D, Except Plans 4689, 7391, H368, PGP37861, and Part Subdivided by Plan BCP28968. The Applicant has requested to amend the Official Community Plan (OCP) Bylaw and Zoning Bylaw in order to both permit the existing use on the property, and to allow for potential commercial development on the property in the future.
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SUBJECT PROPERTY 1513 HIGHWAY 97 SOUTH
Rezoning from Service CommercialRezoning (CS -from1) zone to Highway Commercial (CS -3) zone with two single-family dwellings permitted on this property
2.67-acre portion to be added to Service Commercial (CS-1) zone from Two Family Residential (R-2) zone
OCP land use designation from Commercial- Highway (CH) to Mixed Use (MU)
Page 49 of 159 a) OCP & Zoning Amendment Applications - Bylaws No. 2328 & 2329 - Bravi ... From: Wagner, Sandra TRAN:EX
Good Morning Brenda,
Thank you for having the above mentioned proposed rezoning referral package forwarded to MoTI for preliminary comments. The Ministry of Transportation and Infrastructure (MoTI) has no objection in principle to the proposed City of Williams Lake Zoning Amendment Bylaw No. 2329 – 1513 Highway 97 South. The property owner(s) will have to apply for an Access to a Controlled Access Highway Permit at https://www2.gov.bc.ca/gov/content/transportation/funding-engagement- permits/permits.
Sandra Wagner | Development Officer Ministry of Transportation and Infrastructure 301-640 Borland Street, Williams Lake, BC V2G 4T1 Ph: 250 398 4523 | Fax: 250 398 4454 [email protected] www.th.gov.bc.ca/DA/Subdivision_Home.asp
file:///foxtrot2/...0Zoning%20Amendment%20Bylaw%20No.%202329%20-%201513%20Hwy%2097%20South%20Williams%20Lake.htm[2020-09-11 1:40:58 PM]
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CITY OF WILLIAMS LAKE COUNCIL REPORT
DATE OF REPORT: September 11, 2020 DATE & TYPE OF MEETING: September 15, 2020 Regular Council Meeting AUTHOR: Ross Coupé, Corporate Officer & Rena Schill, Legislative Services Coordinator SUBJECT: TDC (CHAMBER AND MUSEUM) LEASE RENEWALS – APPROVAL FILE: 0870-43; 0870-44
Recommendation
That Council approve the Lease Agreements with the Williams Lake and District Chamber of Commerce and the Museum of the Cariboo Chilcotin Society for the Tourism Discovery Centre (TDC) located at 1660 Broadway Avenue South, legally described as Lot A, District Lot 8818, Cariboo District, Plan BCP27178, for a five-year term effective January 1, 2020, with an option for two additional five-year renewal terms each; and further, the Mayor and Corporate Officer be authorized to sign the Agreements on behalf of the City.
Purpose The purpose of this report is to seek Council’s approval to enter into leases with the Williams Lake and District Chamber of Commerce and the Museum of the Cariboo Chilcotin for the use of the Tourism Discovery Centre (TDC) and subsequently proceed with the required posting of a Notice of Disposition.
Background / Discussion
Background The Williams Lake District Chamber of Commerce has operated out of the TDC, offering chamber of commerce and visitor centre services since the facility opened in 2006. The Museum of the Cariboo Chilcotin relocated to the TDC in 2017. Given the services provided, neither tenant is currently charged rent. In addition, both organizations receive City funding under fee-for-service agreements; annually $150,000 for the Chamber and $24,000 for the Museum.
At the August 25, 2020 meeting, Council directed that, both leases be further amended to include a dispute resolution process and language around the establishment of an administrative oversight process to allow all three parties to review and address issues and opportunities as they may arise. The revised lease documents have since been redistributed to all parties, with no concerns having been brought forward to City staff as of the date of this report.
Analysis Staff have worked with both the tenants to draft leases that reflect the current building use. The two proposed leases are largely harmonized and are now separated (though related) to their respective fee- for-service agreements with the City. The proposed leases include a fee of $1 for a five-year term with up to two, five-year renewals. As per Councils direction a section on dispute resolution and administrative oversight (sections 27 and 28 of the attached agreements) were added to the document.
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Before formal Council approval could be given to these leases, section 26(3) of the Community Charter required that appropriate notice of disposition be provided, which has subsequently been completed via advertisements placed in the Tribune City Page on September 2 and 9, 2020. No comments from the public were received in response to these notices at the time of this report’s drafting.
Financial Considerations (Cost and Resource Allocation)
☒ Yes ☐ N/A There are administrative and upkeep costs associated with the upkeep of the TDC that are not recouped by the proposed lease fees.
Legislative Considerations (Applicable Policies and/or Bylaws)
☒ Yes ☐ N/A The required Notices of Disposition have advertised in accordance with the Community Charter.
This project aligns with the following Strategic Priority Areas:
☐ Resilient and Diversified Economy ☒ Strong Community Relationships ☐ Financial Stability and Sound Asset Management ☒ Positive Community Image ☐ Healthy and Inclusive Workplace ☐ Other
Other Implications (Environmental/Social/Economic)
☐ Yes ☒ N/A
This report has been prepared in consultation with: CAO Corporate Services
CAO Comments N/A
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Respectfully submitted,
Ross Coupé Rena Schill Corporate Officer Legislative Services Coordinator
ATTACHMENTS: Attachment A – Draft Chamber of Commerce Leases Attachment B – Draft Museum Lease Attachment C – Notice of Disposition Ads
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LEASE & OPERATING AGREEMENT
THIS LEASE dated for reference _____ day of ______, 2020 is
BETWEEN: CITY OF WILLAMS LAKE 450 Mart Street, Williams Lake, BC, V2G 1N3
(the “Landlord”)
AND: WILLIAMS LAKE & DISTRICT CHAMBER OF COMMERCE 1660 Broadway Avenue South, Williams Lake, BC, V2G 2W4
(the “Tenant”)
GIVEN THAT:
A. The Landlord is the registered owner in fee simple of certain land and improvements consisting of the Williams Lake Visitor Centre (the “Building”) having the civic address of 1660 Broadway Avenue South, Williams Lake, B.C. and legally described as:
PID: 026-896-842 Lot A District Lot 8818 Cariboo District Plan BCP27178
(the “Land”);
B. The Tenant wishes to lease that part of the Building shown in green ink the sketch plan attached to this Lease as Schedule A (the “Premises”), to licence the use of other portions of the Building shown hatched in red ink in the sketch plan (the “Licence Area”) and to use and operate the Premises and the Licence Area for the purposes specified herein, all on the terms and conditions of this Lease.
THIS LEASE is evidence that in consideration of the mutual promises contained in this Lease and the payment of $1.00 by each party to the other parties (the receipt and sufficiency of which the parties acknowledge), the parties covenant and agree as follows:
1. Lease – The Landlord leases the Premises to the Tenant for the Term, and the Tenant Leases the Premises from the Landlord for the Term, on and subject to the terms and conditions of this Lease.
2. Licence – By this section the Landlord grants to the Tenant for the Term a non-exclusive licence to use the Licence Area on and subject to the terms and conditions of this Lease.
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3. Term – The term of this Lease is 5 years, commencing January 1, 2020 and expiring December 31, 2024 (the “Term”) and may be renewed by mutual agreement of both parties for up to two additional five-year terms.
4. Early Landlord Termination – The Landlord may terminate this Lease, without cause or reason and without compensation to the Tenant, upon 12 months’ notice to the Tenant.
5. Early Tenant Termination – The Tenant may terminate this Lease, without cause or reason, upon 90 days’ notice to the Landlord.
6. Rent – The Tenant shall pay annual rent to the Landlord of $1.00, plus GST.
7. Purpose & Operating Requirements – The Tenant shall only use the Premises for the purposes set out in Schedule B and shall comply with all operating requirements set out in Schedule B.
8. Acknowledgement of Museum – The Tenant acknowledges that pursuant to a lease and licence agreement between the Landlord and the Museum of the Cariboo Chilcotin Society, the Museum of the Cariboo Chilcotin Society occupies those portions of the Building shown in orange ink and hatched blue ink on the sketch attached as Schedule A. The Tenant shall make best efforts to harmoniously occupy the Building and work cooperatively with the Museum of the Cariboo Chilcotin Society.
9. Boardroom – The Tenant will have shared use of the Boardroom, identified in the sketch attached to this Agreement as Schedule A, with the Museum of the Cariboo Chilcotin Society and will coordinate their respective use of this space cooperatively by booking it through their respective administrative personnel.
10. Chamber Special Events – The Tenant may book special events at the Building which may use portions of the Building which are occupied by the Museum of the Cariboo Chilcotin Society and shown in hatched in blue ink on the sketch attached as Schedule A. These bookings will be arranged in coordination with the Museum of the Cariboo Chilcotin Society.
11. Museum Special Events – The Tenant acknowledges that the Museum of the Cariboo Chilcotin Society may book special events at the Building which may use the Licence Area. The Tenant shall work cooperatively with the Museum of the Cariboo Chilcotin Society to accommodate these requests where possible, including by re-positioning its property in the Licence Area.
12. Tenant's Covenants – The Tenant covenants and agrees with the Landlord:
(a) to promptly pay, when due, Rent and any other amounts required to be paid by it under this Lease;
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(b) not to do, suffer or permit any thing in, on or from the Premises or the Licence Area that may be or become a nuisance or annoyance to the owners, occupiers or users of land or premises adjacent to or near the Premises or to the public, including the accumulation of rubbish or unused personal property of any kind;
(c) not to do, suffer or permit any act or neglect that may in any manner directly or indirectly cause injury to the Premises or the Licence Area;
(d) to carry on and conduct its activities in, on and from the Premises and the Licence Area in a good, efficient and business-like manner;
(e) to provide all equipment, furnishings and supplies that may be required to use the Premises and the Licence Area for the Tenant’s purposes and to fulfill all its obligations under this Lease;
(f) to maintain all of its property brought onto the Land for the carrying out of its purposes in a good, operational condition;
(g) to keep the Premises and the Licence Area in a safe, tidy and sanitary condition;
(h) to take all reasonable precautions to ensure the safety of all persons using the Premises and the Licence Area;
(i) to keep the Premises and the Licence Area free of any rubbish, litter and debris and keep the areas adjacent to the Premises and the Licence Area free of any rubbish, litter and debris originating from the Premises or Licence Area;
(j) except as otherwise expressly set out in this Lease, to pay all costs and expenses of any kind whatsoever associated with and payable in respect of the Tenant’s trade fixtures and all equipment, furniture and other personal property brought onto the Premises and the Licence Area by the Tenant and any business or activity conducted on or from the Premises and the Licence Area;
(k) to pay to the Landlord all goods and services taxes payable in respect of this Lease;
(l) to carry on and conduct its activities in, on and from the Premises and the Licence Area in compliance with any and all laws, statutes, enactments, bylaws, regulations and orders from time to time in force, and to obtain all required approvals and permits thereunder, and not to do or omit to do anything in, on or from the Premises or the Licence Area in contravention thereof; and
(m) to promptly discharge any builders lien which may be filed against the title to the Land or that might otherwise affect the Building, and to comply at all times with the Builders Lien Act (British Columbia), in respect of any improvements, work or other activities undertaken in, on or to the Premises and the Licence Area. Page 3 of 22
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13. Landlord’s Covenants – The Landlord shall:
(a) pay all utilities and property taxes payable in respect of the Land;
(b) provide wireless internet access for public access and hydro to the Building;
(c) provide janitorial and waste management services to the Building including recycling;
(d) keep the parking lot and the walkways to the Building clear of snow and ice;
(e) replace light bulbs and other consumable items that relate to the operation of the Building;
(f) maintain the structural elements of the Building; and
(g) maintain the grounds including snow removal, mowing and planting.
14. Net Lease – Except as otherwise expressly provided in this Lease, this Lease shall be absolutely carefree net to the Landlord and the Tenant shall promptly pay when due on its own account and without any variation, set-off or deduction all amounts, charges, costs, duties, expenses, fees, levies, rates, sums and taxes and increases in any way relating to the Premises and the Licence Area, including all penalties and interest thereon, whether or not referred to in this Lease and, to the extent that any such amounts remain unpaid after they come due, the Landlord may pay such amounts on behalf of the Tenant and the amounts so paid by the Landlord shall be immediately due from the Tenant to the Landlord. Without limiting the foregoing, the Landlord shall have no obligations whatsoever to the Tenant concerning the Premises and the Licence Area except for the Landlord’s express obligations under this Lease.
15. Quiet Possession – The Landlord shall permit the Tenant, so long as the Tenant is not in default of the Tenant’s obligations under this Lease, to peaceably possess and enjoy the Premises and the Licence Area for the Term, without interference or disturbance from the Landlord or those claiming by, from or under the Landlord, except for the Landlord’s express rights under this Lease to enter upon and use the Premises and the Licence Area or to permit others to do so.
16. Keys & Security – The Tenant shall provide the Landlord with the names of 3 individuals who shall be issued keys and keycodes to access the Building (each, an “Authorized Person”). The Landlord shall provide the Tenant with three sets of keys necessary to access the Building. The Tenant shall issue each Authorized Person a set of keys and a keycode, unique to that Authorized Person, for access to the Building. The Landlord shall have no responsibility whatsoever for the security of the Building or the Tenant’s property on the Premises and the Licence Area, the sole responsibility for which rests with the Tenant, and the Tenant hereby releases the Landlord from all claims, actions, damages, liabilities, losses, costs and expenses
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whatsoever as may be suffered by the Tenant arising from or related to any lack of security at the Premises.
17. New Improvements and Alterations – The Tenant shall not make any improvements or alterations to the Premises and the Licence Area without the prior written consent of the Landlord, which may be withheld at the Landlord’s sole discretion.
18. Minimum Work Standards and Design Requirements – The Tenant shall ensure that any repairs or work with respect to the Premises or the Licence Area, including any improvements or alterations approved by the Landlord, done by or on behalf of the Tenant:
(a) do not affect any structural or foundation elements of any improvements comprised in the Premises and the Licence Area;
(b) meet or exceed the standards of materials and construction employed in the original construction of the improvements comprised in the Premises and the Licence Area; and
(c) comply with all applicable laws, statutes, enactments, regulations, bylaws and orders from time to time in force, including the applicable building code and City of Williams Lake bylaws.
19. Design Requirements – In the case of improvements or alterations to the Premises or the Licence Area approved by the Landlord and with respect to other work required to be done by the Tenant under this Lease, the Landlord may require that the Tenant cause detailed drawings and specifications, acceptable to the Landlord, to be prepared for such work. In such circumstances the Tenant shall, prior to commencing the contemplated work, submit for approval by the Landlord drawings and specifications for such work, prepared by and under seal of an appropriately qualified professional engineer or registered architect acceptable to the Landlord and shall cause such drawings and specifications to be revised as necessary in order to obtain the Landlord’s approval before commencing such work.
20. Acknowledgments and Agreements of the Tenant – The Tenant acknowledges and agrees that:
(a) the Landlord has given no representations or warranties with respect to the Premises or the Licence Area, including with respect to the suitability of the Premises or the Licence Area for the Tenant’s intended use of the Premises;
(b) the Tenant Leases the Premises and licence the Licence Area on an “as-is” basis and the Landlord has not made any representations, warranties or agreements as to the condition of the Premises and the Licence Area (including the subsurface nature or condition or the environmental condition of same);
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(c) it is the sole responsibility of the Tenant to satisfy itself with respect to the condition of the Premises and the Licence Area (including the subsurface nature or condition and the environmental condition of same), including by conducting any reports, tests, investigations, studies, audits and other inquiries as the Tenant, in its sole discretion, considers necessary in order to satisfy itself as to the condition of the Premises and the Licence Area; and
(d) the Landlord may register a Builders Lien Act “notice of interest” against title to the Premises in the land title office.
21. Tenant Representations and Warranties – The Tenant represents and warrants to the Landlord that the Tenant:
(a) is a not for profit society validly incorporated and in good standing under the Societies Act (British Columbia) and does not conduct its activities with a view to obtaining, and does not distribute, profit or financial gain for its members;
(b) has the power and capacity to enter into and carry out the obligations under this Lease; and
(c) has completed all necessary resolutions and other preconditions to the validity of this Lease.
22. Workers Compensation – The Tenant shall, in its use of and activities on the Premises and the Licence Area, comply with the Workers Compensation Act (British Columbia) and all regulations and orders from time to time in force thereunder, including the Occupational Health and Safety Regulations, and, upon request from the Landlord, provide evidence of any required registration under that Act and evidence of compliance with any requirement under that Act to make any payments or pay assessments. In addition, the Tenant shall be the “prime contractor” for the Premises and the Licence Area under the Workers Compensation Act (British Columbia) and fulfill all of the “prime contractor’s” obligations under that Act, including by ensuring that the activities of any employers, workers and other persons on the Premises and the Licence Area relating to occupational health and safety are coordinated and by doing everything that is reasonably possible to establish and maintain a process that shall ensure compliance with that Act and regulations thereunder, including the Occupational Health and Safety Regulations.
23. Insurance Requirements – The Tenant shall obtain and maintain during the Term insurance in accordance with the requirements of Schedule C. For clarity, the insurance requirements set out in Schedule C are minimum requirements and are not to be interpreted in a manner that limits the Tenant’s obligations under this Lease and the Tenant shall be responsible for obtaining and maintaining such additional insurance as would a prudent Tenant having similar obligations to those of the Tenant under the terms of this Lease.
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24. Insurance Certificates – The Tenant shall promptly, upon the Landlord’s request from time to time during the Term, provide the Landlord with certificates of insurance confirming the placement and maintenance of the insurance.
25. Landlord May Insure – If the Tenant fails to insure as required, the Landlord may, after 30 days notice to the Tenant, effect the insurance in the name and at the expense of the Tenant and the Tenant shall repay the Landlord all costs reasonably incurred by the Landlord within 21 days of receipt of an invoice. For clarity, the Landlord has no obligation to obtain any insurance required to be maintained by the Tenant under this Lease.
26. Tenant Indemnity – The Tenant shall indemnify and save harmless the Landlord, and their elected and appointed officials, directors, officers, employees, contractors and agents, from and against all claims, actions, damages, liabilities, costs and expenses in connection with loss of life, personal injury or damage to property arising from any occurrence on the Premises, or occupancy or use of the Premises and the Licence Area, or caused by or arising from any an act or omission of the Tenant, its officers, employees, agents, customers, contractors or other invitees. This indemnity shall survive the expiry or earlier termination of this Lease.
27. Dispute Resolution – In the event of a dispute, the Tenant and the Landlord agree to make all efforts to settle the dispute promptly and amicably through direct negotiation.
(a) In the event of a dispute, the Tenant may, by notice to the Landlord, request a meeting with the Landlord and, if applicable, the Museum of the Cariboo Chilcotin Society to resolve issues arising from the occupancy of the Building.
(b) The Landlord will review all requests for meetings under subsection 27(a) and approve all reasonable dispute meeting requests and will make arrangements for a dispute meeting.
(c) The Tenant shall send authorized representatives to all dispute resolution meetings requested by the Landlord.
(d) Each Party will give full and reasonable consideration to any proposal advanced by the other to settle amicably any matter for which no provision has been made or any controversy as to the interpretation or application of this agreement.
(e) Any dispute that is not settled within thirty (30) days from the date the Tenant has requested a meeting under subsection 27(a), will be forwarded to the City of Williams Lake Mayor and Council, the Board of Directors for the Williams Lake and District Chamber of Commerce and, if applicable, the Museum of the Cariboo Chilcotin Society Board of Directors for resolution.
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(f) If the parties cannot resolve the Dispute under subsection 27(e), then with the consent of all parties, the matter may be referred to a single arbitrator for final determination.
28. Administrative Oversight - The Tenant, Landlord and the Museum of the Cariboo Chilcotin Society will create a joint Tourism Discovery Centre Administrative Review Panel to discuss issues and opportunities associated with the Tourism Discovery Centre.
(a) The Tourism Discovery Centre Administrative Review Panel will meet at least once per year.
29. Substantial Destruction – If the Building is completely or substantially destroyed by fire or other casualty, neither the Tenant nor the Landlord shall be required to repair, replace or restore such building and in such case the Tenant or the Landlord may terminate this Lease by providing 30 days notice to the other unless before the giving of such notice the Landlord and the Tenant have entered into a written agreement for the repair, replacement or restoration of such building.
30. Landlord Right to Remedy Tenant Default – If at any time during the Term the Tenant fails to keep the Premises and the Licence Area in the condition required under this Lease, the Landlord may, by its employees, contractors and agents, enter upon the Premises and the Licence Area for the purpose of remedying the Tenant’s default if the Tenant fails to remedy such default within 30 days following notice thereof from the Landlord or without notice in the case of an emergency. The Tenant shall reimburse the Landlord for the Landlord’s costs of remedying such default within 21 days following receipt of an invoice from the Landlord, which costs shall include a 15% administration fee. For clarity, nothing in this section requires or obligates the Landlord to remedy any Tenant default.
31. Permission to Enter – The Landlord and its officers, employees, contractors and agents may enter the Premises and the Licence Area at all reasonable times for the purposes of inspection of the Premises and the Tenant’s compliance with this Lease and for the purpose of exercising the Landlord’s rights under this Lease.
32. Environmental Matters – In this section, the following definitions apply:
(a) “Contaminants” means
(i) as defined in the Environmental Management Act: any biomedical waste, contamination, effluent, pollution, recyclable material, refuse, hazardous waste or waste;
(ii) matter of any kind which is or may be harmful to safety or health or to the environment; or
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(iii) matter of any kind the storage, manufacture, disposal, emission, discharge, treatment, generation, use, transport, reLease, remediation, mitigation or removal of which is now or is at any time required, prohibited, controlled, regulated or licensed under any Environmental Law.
(b) “Environmental Law” means any past, present or future common law, enactment, statute, regulation, order, bylaw or permit, and any requirement, standard or guideline of any federal, provincial or local government authority or agency having jurisdiction, relating to the environment, environmental protection, pollution or public or occupational safety or health.
The Tenant covenants and agrees with the Landlord to:
(c) carry on and conduct its activities in, on and from the Premises and the Licence Area in compliance with all Environmental Laws;
(d) not permit the storage, use, handling, manufacture, unloading, loading, treatment, disposal or introduction into the environment of any Contaminants in, on, under or from the Premises and the Licence Area, except in compliance with all Environmental Laws;
(e) immediately notify the Landlord of the occurrence of any of the following and provide the Landlord with copies of all relevant documentation in connection therewith:
(i) a release of Contaminants in, on or about the Premises and the Licence Area or any adjacent land; or
(ii) the receipt of any citation, directive, order, claim, litigation, investigation, proceeding, judgment, letter or other communication from any person that is related to any Environmental Law;
(f) promptly provide to the Landlord a copy of any environmental site assessment, audit, report or test results relating to the Premises and the Licence Area conducted at any time by or for the Tenant;
(g) if the Landlord suspects that the Tenant has not complied with its obligations under this section, obtain from an independent environmental consultant approved by the Landlord an environmental site assessment, audit, report or testing of the Premises and the Licence Area and conduct or cause to be conducted any additional investigations that the environmental consultant may recommend all in order to determine compliance of the Premises and the Licence Area with Environmental Laws; and
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(h) promptly remove any Contaminants arising from the Tenant’s use or occupation of the Premises and the Licence Area in a manner that conforms to Environmental Laws governing their removal.
33. Ownership of Improvements at Termination – All improvements and alterations to the Premises and the Licence Area done by or on behalf of the Tenant during the Term shall, without compensation to the Tenant, become the permanent property of the Landlord as they are constructed, installed or placed in, on or under the Premises or the Licence Area, unless the Tenant and the Landlord have otherwise agreed in writing.
34. Required Improvement Removal – Notwithstanding anything to the contrary in this Lease, the Landlord may, by providing written notice to the Tenant within 21 days following termination or expiry of this Lease, require that the Tenant remove any or all improvements done by or on behalf of the Tenant during the Term. Upon such notice, the specified improvements shall become the property of the Tenant and the Tenant shall remove such improvements within 21 days of receipt of such notice, failing which the Landlord may, without notice or compensation to the Tenant, dispose of such improvements as it sees fit and the Tenant shall reimburse the Landlord for its costs of doing so (including a 15% administration fee) within 21 days of receipt of an invoice from the Landlord. The Landlord’s rights and the Tenant’s obligations under this section shall survive the expiry or earlier termination of this Lease.
35. State of Premises at Termination – Upon the expiry or earlier termination of this Lease, the Tenant shall deliver up all keys and key codes to the Building to the Landlord and shall leave the Premises and the Licence Area in a good, neat and tidy condition and otherwise in the condition they are required to be kept by the Tenant during the Term under the provisions of this Lease. If the Tenant does not do so, the Landlord may do so on behalf of the Tenant and the Tenant shall pay all of the Landlord’s costs (including a 15% administration fee) in that regard within 21 days of receipt of an invoice. The Landlord’s rights and the Tenant’s obligations under this section shall survive the expiry or earlier termination of this Lease.
36. No Assignment or Sub-Lease – The Tenant may not:
(a) assign this Lease or the benefit of this Lease;
(b) sublet the Premises or any part of the Premises;
(c) sub-licence the Licence Area or any part of the Licence Area;
(d) charge, mortgage or encumber or purport to charge, mortgage or encumber the Tenant’s interest in the Premises, the Licence Area or this Lease
without the prior written consent of the Landlord. The Landlord may withhold such consents at its sole discretion and without reason.
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37. Termination Due to Default – If and whenever:
(a) the Tenant fails to pay any rent or other amount owing under this Lease within ten (10) days of demand by the Landlord;
(b) the Tenant fails to observe or perform any of its obligations under this Lease and the Tenant has not, within fourteen (14) days after notice from the Landlord specifying the default, cured the default, or if the cure reasonably requires a longer period, the Tenant has not commenced to cure the default within the fourteen-day period and thereafter does not diligently pursue the cure of such default and complete the curing of such default within such period as may be specified by the Landlord in such notice to the Tenant;
(c) re-entry is permitted under other terms of this Lease;
(d) without the consent of the Landlord, the Premises are vacant or the Tenant fails to operate the Premises for the purposes set out in this Lease for 10 consecutive days;
(e) the Term or any of the goods or chattels of the Tenant on the Premises or the Licence Area are seized by a creditor or the Tenant receives a notice from a creditor that the creditor intends to realize on security located on the Premises or the Licence Area;
(f) a receiver is appointed to control the conduct of the business of the Tenant on or from the Premises or the Licence Area;
(g) the Tenant becomes bankrupt or insolvent or takes the benefit of any legislation in force for bankrupt or insolvent debtors;
(h) proceedings are instituted for the winding-up or termination of the corporate existence of the Tenant;
(i) the Term or any of the goods or chattels on the Premises or the Licence Area are at any time seized or taken in execution or attachment by any creditor of the Tenant or under bill of sale or chattel mortgage;
(j) a writ of execution issues against the goods and chattels of the Tenant;
(k) the Tenant makes any assignment for the benefit of creditors or becomes insolvent or bankrupt; or
(l) the Tenant permits a builders lien to arise in respect of the Land and to remain registered against title to the Land for more than 60 days;
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then the Landlord may re-enter and take possession of the Premises and the Licence Area as though the Tenant or other occupant was holding over after the expiration of the Term and this Lease may, at the Landlord’s option, be immediately terminated by notice left at the Premises.
38. Re-entry – No re-entry or entry shall be construed as an election by the Landlord to terminate this Lease unless a written notice of intention to terminate is given to the Tenant (which may be given by way of notice left at the Premises).
39. Remedies Cumulative – No reference to or exercise of any specific right or remedy by the Landlord shall prejudice or preclude the Landlord from exercising any other right or remedy, whether allowed at law or in equity or expressly provided for in this Lease, and no such right or remedy is exclusive or dependent upon any other such remedy and the Landlord may from time to time exercise any one or more of such remedies independently or in combination. Without limiting the generality of the foregoing, the Landlord is entitled to commence and maintain an action against the Tenant to collect any rent not paid when due, without exercising the option to terminate this Lease.
40. Holding Over – If the Tenant continues to occupy the Premises and the Licence Area after the expiration of the Term, then, without any further written agreement, the Tenant shall be a monthly lessee paying monthly rent in an amount determined by the Landlord and subject always to the other provisions in this Lease insofar as the same are applicable to a month-to-month tenancy and nothing shall preclude the Landlord from taking action for recovery of possession of the Premises and the Licence Area.
41. Lease Not In Registrable Form – The Landlord is under no obligation to at any time deliver this Lease or any instrument creating this Lease to the Tenant in a form registrable under the Land Title Act (British Columbia).
42. Payments Generally – All payments, including interest, required to be made by the Tenant to the Landlord under the terms of this Lease shall be:
(a) payable in lawful money of Canada;
(b) paid to the Landlord at the office of the Landlord or at such other place as the Landlord may designated from time to time in writing;
(c) made when due hereunder, without the need for prior demand and without any set-off, abatement or deduction;
(d) applied towards amounts outstanding in such a manner as the Landlord sees fit; and
(e) deemed to be rent (if not Rent), in partial consideration for which this Lease is entered into, and shall be payable and recoverable as rent, and the Landlord shall
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have all of the rights and remedies against the Tenant for default in making any such payment which may not be expressly designated as rent, as the Landlord has for a default in payment of Rent.
43. Interest – All payments due by the Tenant to the Landlord under this Lease shall bear interest at the rate of interest established from time to time by the Royal Bank of Canada, Main Branch, Vancouver, B.C. as the base rate used to determine interest rates charged by it for Canadian dollar loans to customers in Canada designated by them as the “prime rate” plus 6% per annum calculated monthly not in advance from the date due until paid.
44. Waiver or Non-Action – Waiver by the Landlord of any breach by the Tenant of any of its obligations under this Lease shall not be considered to be a waiver of any subsequent default or continuing default by the Tenant. Failure by the Landlord to take any action in respect of any breach of any Tenant obligation under this Lease by the Tenant shall not be considered to be a waiver of such obligation.
45. Conditions – All of the Tenant’s obligations under this Lease shall be deemed and construed to be both conditions and covenants as though the words specifically expressing covenants or conditions or used in each separate provision respecting each such obligation.
46. No Tenant Authority to Bind Landlord or Landlord – Nothing contained in this Lease creates the relationship of principal and agent or of partnership, joint venture or business enterprise or entity between the Tenant and the Landlord and the Tenant has no power or authority whatsoever to act on behalf of or bind the Landlord in any way.
47. Interpretation – In this Lease:
(a) reference to the singular includes a reference to the plural and vice versa, unless the context requires otherwise;
(b) a particular numbered section or lettered Schedule is a reference to the correspondingly numbered section or lettered Schedule of this Lease;
(c) an "enactment" is a reference to an enactment as that term is defined in the Interpretation Act (British Columbia) on the day this Lease is made;
(d) any enactment is a reference to that enactment as amended, revised, consolidated or replaced;
(e) section headings are inserted for ease of reference and are not to be used in interpreting this Lease;
(f) a “party” is a reference to a party to this Lease;
(g) time is of the essence; and
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(h) where the word “including” is followed by a list, the contents of the list shall not circumscribe the generality of the expression immediately preceding the word “including”.
48. Notices – Where any notice, request, direction or other communication (any of which is a “Notice”) is to be given or made by a party under the Lease, it shall be in writing and is effective if delivered in person, sent by registered mail. A Notice is deemed given if delivered in person, when delivered and if by registered mail on the day that receipt is acknowledged. A party may change its address or fax number by giving notice to the other party under this section.
49. Binding on Successors – This Lease enures to the benefit of and is binding upon the parties and their respective successors and assigns, notwithstanding any rule of law or equity to the contrary.
50. Law of British Columbia – This Lease shall be construed according to the laws of the Province of British Columbia.
51. Schedules – The following are the Schedules to this agreement and form an integral part of this agreement:
Schedule A – Sketch of Premises & Licence Area Schedule B – Operating Requirements Schedule C – Insurance Requirements
52. Entire Agreement – This Lease constitute the entire agreement between the parties regarding its subject matter and supersede all previous communications, representations, warranties, covenants and agreements, whether verbal or written, between the parties with respect to the subject matter of the Lease.
As evidence of their agreement to be bound by this Lease, the Landlord and the Tenant have executed this Lease below:
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CITY OF WILLIAMS LAKE by its authorized signatories:
______Mayor:
______Corporate Officer:
WILLIAMS LAKE & DISTRICT CHAMBER OF COMMERCE by its authorized signatories:
______Name:
______Name:
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Schedule A (Page 1 of 3)
TDC – Basement Floor Sketch
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Schedule A (Page 2 of 3)
TDC – Main Floor Sketch
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Schedule A (Page 1 of 3)
TDC – Upper Floor Sketch
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Schedule B
Operating Requirements
1. Purpose
The Tenant shall use and operate the Premises and the Licence Area for the following purposes and for no other purposes:
• visitor services centre with office space, storage space and gift shop;
• Chamber of Commerce office space and staff room; and
• office space rentals and special events approved by the Landlord
2. Hours of Operation
The Tenant shall maintain and operate the Premises and the Licence Area with no less than the minimum requirements of the Destination BC Visitor Centre Network membership for a Full- Status Visitor Centre.
3. Staffing
(a) General
The Tenant shall pay all costs associated with staffing the Premises and the Licence Area.
The employees of the Tenant will, at all times, present themselves in a professional, courteous and friendly manner and the Tenant shall ensure that all staff are identifiable as employees of the Tenant.
4. Tenant Obligations
(a) General
(i) manage all aspects of the operation of the Premises and Licence Area;
(ii) be responsible for all charges relating to telephone, facsimile, postage and mail-outs;
(iii) not, without the prior written consent of the Landlord or Landlord, incur any expenses that the Landlord shall become liable; and
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(iv) be responsible for properly securing the Premises and the Licence Area at all times; and
(v) provide visitor information services as established in agreement with the Landlord.
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Schedule C Insurance Requirements
The Tenant shall obtain and maintain:
(b) comprehensive general liability insurance providing coverage for death, bodily injury, property loss and damage, and all other losses, arising out of or in connection with the Tenant’s use and occupation of the Premises and the Licence Area in an amount of not less than $3,000,000.00 per occurrence;
(c) “all risks” insurance, for replacement cost, on all of the Tenant’s personal property and fixtures that are in the nature of trade fixtures; and
(d) any other form or forms of insurance that the Landlord may reasonably require from time to time in such amounts and for such perils against which a prudent Tenant acting reasonably would protect itself in similar circumstances.
All policies of insurance required to be taken out by the Tenant shall be with companies satisfactory to the Landlord and shall, unless otherwise approved in writing by the Landlord:
(e) name the Landlord as an additional insured;
(f) include that the Landlord is protected notwithstanding any act, neglect or misrepresentation by the Tenant which might otherwise result in the avoidance of a claim and that such policies are not affected or invalidated by any act, omission or negligence of any third party which is not within the knowledge or control of the insureds;
(g) be issued by an insurance company entitled to carry on the business of insurance under the laws of British Columbia;
(h) be primary and non-contributing with respect to any policies carried by the Landlord and that any coverage carried by the Landlord is in excess coverage;
(i) not be cancelled or materially modified without the insurer providing the Landlord with 30 days written notice stating when such cancellation is to be effective or identifying the modification;
(j) be maintained for a period of 12 months per occurrence;
(k) not include a deductible greater than $5,000.00 per occurrence (except for the “all risks” insurance with respect to the Premises and the Licence Area, which shall include no deductible);
(l) include a cross liability clause; and
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(m) be on other terms acceptable to the Landlord, acting reasonably.
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LEASE & OPERATING AGREEMENT
THIS LEASE dated for reference _____, ______is
BETWEEN: CITY OF WILLAMS LAKE 450 Mart Street, Williams Lake, B.C., V2G 1N3
(the “Landlord”)
AND: MUSEUM OF THE CARIBOO CHILCOTIN SOCIETY 1660-B Broadway Avenue South, Williams Lake, B.C., V2G 2W4
(the “Tenant”)
GIVEN THAT:
A. The Landlord is the registered owner in fee simple of certain land and improvements consisting of the Williams Lake Visitor Centre (the “Building”) having the civic address of 1660 Broadway Avenue South, Williams Lake, B.C. and legally described as:
PID: 026-896-842 Lot A District Lot 8818 Cariboo District Plan BCP27178
(the “Land”);
B. The Tenant wishes to lease that part of the Building shown in orange ink in the sketch plan attached to this Lease as Schedule A (the “Premises”), to licence the use of other portions of the Building shown hatched in blue ink in the sketch plan (the “Licence Area”) and to use and operate the Premises and the Licence Area for the purposes specified herein, all on the terms and conditions of this Lease.
THIS LEASE is evidence that in consideration of the mutual promises contained in this Lease and the payment of $1.00 by each party to the other parties (the receipt and sufficiency of which the parties acknowledge), the parties covenant and agree as follows:
1. Lease – The Landlord leases the Premises to the Tenant for the Term, and the Tenant Leases the Premises from the Landlord for the Term, on and subject to the terms and conditions of this Lease.
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2. Licence – By this section the Landlord grants to the Tenant for the Term a non- exclusive licence to use the Licence Area on and subject to the terms and conditions of this Lease.
3. Term – The term of this Lease is 5 years, commencing January 1, 2020 and expiring December 31, 2024 (the “Term”) and may be renewed by mutual agreement of both parties for up to two additional five-year terms.
4. Early Landlord Termination – The Landlord may terminate this Lease, without cause or reason and without compensation to the Tenant, upon 12 months’ notice to the Tenant.
5. Early Tenant Termination – The Tenant may terminate this Lease, without cause or reason, upon 90 days’ notice to the Landlord.
6. Rent – The Tenant shall pay annual rent to the Landlord of $1.00, plus GST.
7. Purpose & Operating Requirements – The Tenant shall only use the Premises for the purposes set out in Schedule B and shall comply with all operating requirements set out in Schedule B.
8. Acknowledgement of Chamber of Commerce – The Tenant acknowledges that pursuant to a lease and licence agreement between the Landlord and the Williams Lake & District Chamber of Commerce, the Williams Lake & District Chamber of Commerce occupies those portions of the Building shown in green ink and hatched red ink on the sketch attached as Schedule A. The Tenant shall make best efforts to harmoniously occupy the Building and work cooperatively with the Williams Lake & District Chamber of Commerce.
9. Boardroom – The Tenant will have shared use of the Boardroom, identified in the sketch attached to this Agreement as Schedule A, with the Williams Lake & District Chamber of Commerce and will coordinate their respective use of this space cooperatively by booking it through their respective administrative personnel
10. Museum Special Events – The Tenant may book special events at the Building which may use those portions of the Building which are occupied by the Williams Lake & District Chamber of Commerce and shown hatched in red ink the sketch attached as Schedule A. These bookings will be arranged in coordination with the Williams Lake District Chamber of Commerce.
11. Chamber of Commerce Special Events – The Tenant acknowledges that the Williams Lake & District Chamber of Commerce may book special events at the Building which may use the Licence Area. The Tenant shall work cooperatively with the Williams Lake
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& District Chamber of Commerce to these requests where possible, including by re- positioning its property in the Licence Area.
12. Tenant's Covenants – The Tenant covenants and agrees with the Landlord:
(a) to promptly pay, when due, Rent and any other amounts required to be paid by it under this Lease;
(b) not to do, suffer or permit any thing in, on or from the Premises or the Licence Area that may be or become a nuisance or annoyance to the owners, occupiers or users of land or premises adjacent to or near the Premises or to the public, including the accumulation of rubbish or unused personal property of any kind;
(c) not to do, suffer or permit any act or neglect that may in any manner directly or indirectly cause injury to the Premises or the Licence Area;
(d) to carry on and conduct its activities in, on and from the Premises and the Licence Area in a good, efficient and business-like manner;
(e) to provide all equipment, furnishings and supplies that may be required to use the Premises and the Licence Area for the Tenant’s purposes and to fulfill all its obligations under this Lease;
(f) to maintain all of its property brought onto the Land for the carrying out of its purposes in a good, operational condition;
(g) to keep the Premises and the Licence Area in a safe, tidy and sanitary condition;
(h) to take all reasonable precautions to ensure the safety of all persons using the Premises and the Licence Area;
(i) to keep the Premises and the Licence Area free of any rubbish, litter and debris and keep the areas adjacent to the Premises and the Licence Area free of any rubbish, litter and debris originating from the Premises or Licence Area;
(j) except as otherwise expressly set out in this Lease, to pay all costs and expenses of any kind whatsoever associated with and payable in respect of the Tenant’s trade fixtures and all equipment, furniture and other personal property brought onto the Premises and the Licence Area by the Tenant and any business or activity conducted on or from the Premises and the Licence Area;
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(k) to pay to the Landlord all goods and services taxes payable in respect of this Lease;
(l) to carry on and conduct its activities in, on and from the Premises and the Licence Area in compliance with any and all laws, statutes, enactments, bylaws, regulations and orders from time to time in force, and to obtain all required approvals and permits thereunder, and not to do or omit to do anything in, on or from the Premises or the Licence Area in contravention thereof; and
(m) to promptly discharge any builders lien which may be filed against the title to the Land or that might otherwise affect the Building, and to comply at all times with the Builders Lien Act (British Columbia), in respect of any improvements, work or other activities undertaken in, on or to the Premises and the Licence Area.
13. Landlord’s Covenants – The Landlord shall:
(a) pay all utilities and property taxes payable in respect of the Land;
(b) provide wireless internet access for public use, and hydro to the Building;
(c) provide janitorial and waste management services to the Building including recycling;
(d) keep the parking lot and the walkways to the Building clear of snow and ice;
(e) replace light bulbs and other consumable items that relate to the operation of the Building;
(f) maintain the structural elements of the Building; and
(g) maintain the grounds including snow removal, mowing and planting.
14. Net Lease – Except as otherwise expressly provided in this Lease, this Lease shall be absolutely carefree net to the Landlord and the Tenant shall promptly pay when due on its own account and without any variation, set-off or deduction all amounts, charges, costs, duties, expenses, fees, levies, rates, sums and taxes and increases in any way relating to the Premises and the Licence Area, including all penalties and interest thereon, whether or not referred to in this Lease and, to the extent that any such amounts remain unpaid after they come due, the Landlord may pay such amounts on behalf of the Tenant and the amounts so paid by the Landlord shall be immediately due from the Tenant to the Landlord. Without limiting the foregoing, the Landlord shall have no obligations whatsoever to the Tenant concerning the Premises and the Licence Area except for the Landlord’s express obligations under this Lease. Page 4 of 22
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15. Quiet Possession – The Landlord shall permit the Tenant, so long as the Tenant is not in default of the Tenant’s obligations under this Lease, to peaceably possess and enjoy the Premises and the Licence Area for the Term, without interference or disturbance from the Landlord or those claiming by, from or under the Landlord, except for the Landlord’s express rights under this Lease to enter upon and use the Premises and the Licence Area or to permit others to do so.
16. Keys & Security – The Tenant shall provide the Landlord with the names of 3 individuals who shall be issued keys and keycodes to access the Building (each, an “Authorized Person”). The Landlord shall provide the Tenant with three sets of keys necessary to access the Building. The Tenant shall issue each Authorized Person a set of keys and a keycode, unique to that Authorized Person, for access to the Building. The Landlord shall have no responsibility whatsoever for the security of the Building or the Tenant’s property on the Premises and the Licence Area, the sole responsibility for which rests with the Tenant, and the Tenant hereby releases the Landlord from all claims, actions, damages, liabilities, losses, costs and expenses whatsoever as may be suffered by the Tenant arising from or related to any lack of security at the Premises.
17. New Improvements and Alterations – The Tenant shall not make any improvements or alterations to the Premises and the Licence Area without the prior written consent of the Landlord, which may be withheld at the Landlord’s sole discretion.
18. Minimum Work Standards and Design Requirements – The Tenant shall ensure that any repairs or work with respect to the Premises or the Licence Area, including any improvements or alterations approved by the Landlord, done by or on behalf of the Tenant:
(a) do not affect any structural or foundation elements of any improvements comprised in the Premises and the Licence Area;
(b) meet or exceed the standards of materials and construction employed in the original construction of the improvements comprised in the Premises and the Licence Area; and
(c) comply with all applicable laws, statutes, enactments, regulations, bylaws and orders from time to time in force, including the applicable building code and City of Williams Lake bylaws.
19. Design Requirements – In the case of improvements or alterations to the Premises or the Licence Area approved by the Landlord and with respect to other work required to be done by the Tenant under this Lease, the Landlord may require that the Tenant cause detailed drawings and specifications, acceptable to the Landlord, to be prepared for such work. In such circumstances the Tenant shall, prior to commencing the contemplated work, submit for approval by the Landlord drawings and specifications
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for such work, prepared by and under seal of an appropriately qualified professional engineer or registered architect acceptable to the Landlord and shall cause such drawings and specifications to be revised as necessary in order to obtain the Landlord’s approval before commencing such work.
20. Acknowledgments and Agreements of the Tenant – The Tenant acknowledges and agrees that:
(a) the Landlord has given no representations or warranties with respect to the Premises or the Licence Area, including with respect to the suitability of the Premises or the Licence Area for the Tenant’s intended use of the Premises;
(b) the Tenant Leases the Premises and licence the Licence Area on an “as-is” basis and the Landlord has not made any representations, warranties or agreements as to the condition of the Premises and the Licence Area (including the subsurface nature or condition or the environmental condition of same);
(c) it is the sole responsibility of the Tenant to satisfy itself with respect to the condition of the Premises and the Licence Area (including the subsurface nature or condition and the environmental condition of same), including by conducting any reports, tests, investigations, studies, audits and other inquiries as the Tenant, in its sole discretion, considers necessary in order to satisfy itself as to the condition of the Premises and the Licence Area; and
(d) the Landlord may register a Builders Lien Act “notice of interest” against title to the Premises in the land title office.
21. Tenant Representations and Warranties – The Tenant represents and warrants to the Landlord that the Tenant:
(a) is a not for profit society validly incorporated and in good standing under the Societies Act (British Columbia) and does not conduct its activities with a view to obtaining, and does not distribute, profit or financial gain for its members;
(b) has the power and capacity to enter into and carry out the obligations under this Lease; and
(c) has completed all necessary resolutions and other preconditions to the validity of this Lease.
22. Workers Compensation – The Tenant shall, in its use of and activities on the Premises and the Licence Area, comply with the Workers Compensation Act (British
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Columbia) and all regulations and orders from time to time in force thereunder, including the Occupational Health and Safety Regulations, and, upon request from the Landlord, provide evidence of any required registration under that Act and evidence of compliance with any requirement under that Act to make any payments or pay assessments. In addition, the Tenant shall be the “prime contractor” for the Premises and the Licence Area under the Workers Compensation Act (British Columbia) and fulfill all of the “prime contractor’s” obligations under that Act, including by ensuring that the activities of any employers, workers and other persons on the Premises and the Licence Area relating to occupational health and safety are coordinated and by doing everything that is reasonably possible to establish and maintain a process that shall ensure compliance with that Act and regulations thereunder, including the Occupational Health and Safety Regulations.
23. Insurance Requirements – The Tenant shall obtain and maintain during the Term insurance in accordance with the requirements of Schedule C. For clarity, the insurance requirements set out in Schedule C are minimum requirements and are not to be interpreted in a manner that limits the Tenant’s obligations under this Lease and the Tenant shall be responsible for obtaining and maintaining such additional insurance as would a prudent Tenant having similar obligations to those of the Tenant under the terms of this Lease.
24. Insurance Certificates – The Tenant shall promptly, upon the Landlord’s request from time to time during the Term, provide the Landlord with certificates of insurance confirming the placement and maintenance of the insurance.
25. Landlord May Insure – If the Tenant fails to insure as required, the Landlord may, after 30 days notice to the Tenant, effect the insurance in the name and at the expense of the Tenant and the Tenant shall repay the Landlord all costs reasonably incurred by the Landlord within 21 days of receipt of an invoice. For clarity, the Landlord has no obligation to obtain any insurance required to be maintained by the Tenant under this Lease.
26. Tenant Indemnity – The Tenant shall indemnify and save harmless the Landlord, and their elected and appointed officials, directors, officers, employees, contractors and agents, from and against all claims, actions, damages, liabilities, costs and expenses in connection with loss of life, personal injury or damage to property arising from any occurrence on the Premises, or occupancy or use of the Premises and the Licence Area, or caused by or arising from any an act or omission of the Tenant, its officers, employees, agents, customers, contractors or other invitees. This indemnity shall survive the expiry or earlier termination of this Lease.
27. Dispute Resolution – In the event of a dispute, the Tenant and the Landlord agree to make all efforts to settle the dispute promptly and amicably through direct negotiation. Page 7 of 22
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(a) In the event of a dispute, the Tenant may, by notice to the Landlord, request a meeting with the Landlord and, if applicable, the Williams Lake and District Chamber of Commerce to resolve issues arising from the occupancy of the Building.
(b) The Landlord will review all requests for meetings under subsection 27(a) and approve all reasonable dispute meeting requests and will make arrangements for a dispute meeting.
(c) The Tenant shall send authorized representatives to all dispute resolution meetings requested by the Landlord.
(d) Each Party will give full and reasonable consideration to any proposal advanced by the other to settle amicably any matter for which no provision has been made or any controversy as to the interpretation or application of this agreement.
(e) Any dispute that is not settled within thirty (30) days from the date the Tenant has requested a meeting under subsection 27(a), will be forwarded to the City of Williams Lake Mayor and Council, the Museum of the Cariboo Chilcotin Society Board of Directors and, if applicable, the Board of Directors for the Williams Lake and District Chamber of Commerce for resolution.
(f) If the parties cannot resolve the Dispute under subsection 27(e), then with the consent of all parties, the matter may be referred to a single arbitrator for final determination.
28. Administrative Oversight - The Tenant, Landlord and the Williams Lake and District Chamber of Commerce will create a joint Tourism Discovery Centre Administrative Review Panel to discuss issues and opportunities associated with the Tourism Discovery Centre.
(a) The Tourism Discovery Centre Administrative Review Panel will meet at least once per year.
29. Substantial Destruction – If the Building is completely or substantially destroyed by fire or other casualty, neither the Tenant nor the Landlord shall be required to repair, replace or restore such building and in such case the Tenant or the Landlord may terminate this Lease by providing 30 days notice to the other unless before the giving of such notice the Landlord and the Tenant have entered into a written agreement for the repair, replacement or restoration of such building.
30. Landlord Right to Remedy Tenant Default – If at any time during the Term the Tenant fails to keep the Premises and the Licence Area in the condition required under
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this Lease, the Landlord may, by its employees, contractors and agents, enter upon the Premises and the Licence Area for the purpose of remedying the Tenant’s default if the Tenant fails to remedy such default within 30 days following notice thereof from the Landlord or without notice in the case of an emergency. The Tenant shall reimburse the Landlord for the Landlord’s costs of remedying such default within 21 days following receipt of an invoice from the Landlord, which costs shall include a 15% administration fee. For clarity, nothing in this section requires or obligates the Landlord to remedy any Tenant default.
31. Permission to Enter – The Landlord and its officers, employees, contractors and agents may enter the Premises and the Licence Area at all reasonable times for the purposes of inspection of the Premises and the Tenant’s compliance with this Lease and for the purpose of exercising the Landlord’s rights under this Lease.
32. Environmental Matters – In this section, the following definitions apply:
(a) “Contaminants” means
(i) as defined in the Environmental Management Act: any biomedical waste, contamination, effluent, pollution, recyclable material, refuse, hazardous waste or waste;
(ii) matter of any kind which is or may be harmful to safety or health or to the environment; or
(iii) matter of any kind the storage, manufacture, disposal, emission, discharge, treatment, generation, use, transport, reLease, remediation, mitigation or removal of which is now or is at any time required, prohibited, controlled, regulated or licensed under any Environmental Law.
(b) “Environmental Law” means any past, present or future common law, enactment, statute, regulation, order, bylaw or permit, and any requirement, standard or guideline of any federal, provincial or local government authority or agency having jurisdiction, relating to the environment, environmental protection, pollution or public or occupational safety or health.
The Tenant covenants and agrees with the Landlord to:
(c) carry on and conduct its activities in, on and from the Premises and the Licence Area in compliance with all Environmental Laws;
(d) not permit the storage, use, handling, manufacture, unloading, loading, treatment, disposal or introduction into the environment of any Contaminants in,
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on, under or from the Premises and the Licence Area, except in compliance with all Environmental Laws;
(e) immediately notify the Landlord of the occurrence of any of the following and provide the Landlord with copies of all relevant documentation in connection therewith:
(i) a release of Contaminants in, on or about the Premises and the Licence Area or any adjacent land; or
(ii) the receipt of any citation, directive, order, claim, litigation, investigation, proceeding, judgment, letter or other communication from any person that is related to any Environmental Law;
(f) promptly provide to the Landlord a copy of any environmental site assessment, audit, report or test results relating to the Premises and the Licence Area conducted at any time by or for the Tenant;
(g) if the Landlord suspects that the Tenant has not complied with its obligations under this section, obtain from an independent environmental consultant approved by the Landlord an environmental site assessment, audit, report or testing of the Premises and the Licence Area and conduct or cause to be conducted any additional investigations that the environmental consultant may recommend all in order to determine compliance of the Premises and the Licence Area with Environmental Laws; and
(h) promptly remove any Contaminants arising from the Tenant’s use or occupation of the Premises and the Licence Area in a manner that conforms to Environmental Laws governing their removal.
33. Ownership of Improvements at Termination – All improvements and alterations to the Premises and the Licence Area done by or on behalf of the Tenant during the Term shall, without compensation to the Tenant, become the permanent property of the Landlord as they are constructed, installed or placed in, on or under the Premises or the Licence Area, unless the Tenant and the Landlord have otherwise agreed in writing.
34. Required Improvement Removal – Notwithstanding anything to the contrary in this Lease, the Landlord may, by providing written notice to the Tenant within 21 days following termination or expiry of this Lease, require that the Tenant remove any or all improvements done by or on behalf of the Tenant during the Term. Upon such notice, the specified improvements shall become the property of the Tenant and the Tenant shall remove such improvements within 21 days of receipt of such notice, failing which the Landlord may, without notice or compensation to the Tenant, dispose of such improvements as it sees fit and the Tenant shall reimburse the Landlord for its costs of
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doing so (including a 15% administration fee) within 21 days of receipt of an invoice from the Landlord. The Landlord’s rights and the Tenant’s obligations under this section shall survive the expiry or earlier termination of this Lease.
35. State of Premises at Termination – Upon the expiry or earlier termination of this Lease, the Tenant shall deliver up all keys and key codes to the Building to the Landlord and shall leave the Premises and the Licence Area in a good, neat and tidy condition and otherwise in the condition they are required to be kept by the Tenant during the Term under the provisions of this Lease. If the Tenant does not do so, the Landlord may do so on behalf of the Tenant and the Tenant shall pay all of the Landlord’s costs (including a 15% administration fee) in that regard within 21 days of receipt of an invoice. The Landlord’s rights and the Tenant’s obligations under this section shall survive the expiry or earlier termination of this Lease.
36. No Assignment or Sub-Lease – The Tenant may not:
(a) assign this Lease or the benefit of this Lease;
(b) sublet the Premises or any part of the Premises;
(c) sub-licence the Licence Area or any part of the Licence Area;
(d) charge, mortgage or encumber or purport to charge, mortgage or encumber the Tenant’s interest in the Premises, the Licence Area or this Lease
without the prior written consent of the Landlord. The Landlord may withhold such consents at its sole discretion and without reason.
37. Termination Due to Default – If and whenever:
(a) the Tenant fails to pay any rent or other amount owing under this Lease within ten (10) days of demand by the Landlord;
(b) the Tenant fails to observe or perform any of its obligations under this Lease and the Tenant has not, within fourteen (14) days after notice from the Landlord specifying the default, cured the default, or if the cure reasonably requires a longer period, the Tenant has not commenced to cure the default within the fourteen-day period and thereafter does not diligently pursue the cure of such default and complete the curing of such default within such period as may be specified by the Landlord in such notice to the Tenant;
(c) re-entry is permitted under other terms of this Lease;
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(d) without the consent of the Landlord, the Premises are vacant or the Tenant fails to operate the Premises for the purposes set out in this Lease for 10 consecutive days;
(e) the Term or any of the goods or chattels of the Tenant on the Premises or the Licence Area are seized by a creditor or the Tenant receives a notice from a creditor that the creditor intends to realize on security located on the Premises or the Licence Area;
(f) a receiver is appointed to control the conduct of the business of the Tenant on or from the Premises or the Licence Area;
(g) the Tenant becomes bankrupt or insolvent or takes the benefit of any legislation in force for bankrupt or insolvent debtors;
(h) proceedings are instituted for the winding-up or termination of the corporate existence of the Tenant;
(i) the Term or any of the goods or chattels on the Premises or the Licence Area are at any time seized or taken in execution or attachment by any creditor of the Tenant or under bill of sale or chattel mortgage;
(j) a writ of execution issues against the goods and chattels of the Tenant;
(k) the Tenant makes any assignment for the benefit of creditors or becomes insolvent or bankrupt; or
(l) the Tenant permits a builders lien to arise in respect of the Land and to remain registered against title to the Land for more than 60 days;
then the Landlord may re-enter and take possession of the Premises and the Licence Area as though the Tenant or other occupant was holding over after the expiration of the Term and this Lease may, at the Landlord’s option, be immediately terminated by notice left at the Premises.
38. Re-entry – No re-entry or entry shall be construed as an election by the Landlord to terminate this Lease unless a written notice of intention to terminate is given to the Tenant (which may be given by way of notice left at the Premises).
39. Remedies Cumulative – No reference to or exercise of any specific right or remedy by the Landlord shall prejudice or preclude the Landlord from exercising any other right or remedy, whether allowed at law or in equity or expressly provided for in this Lease, and no such right or remedy is exclusive or dependent upon any other such remedy and the Landlord may from time to time exercise any one or more of such remedies independently or in combination. Without limiting the generality of the foregoing, the
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Landlord is entitled to commence and maintain an action against the Tenant to collect any rent not paid when due, without exercising the option to terminate this Lease.
40. Holding Over – If the Tenant continues to occupy the Premises and the Licence Area after the expiration of the Term, then, without any further written agreement, the Tenant shall be a monthly lessee paying monthly rent in an amount determined by the Landlord and subject always to the other provisions in this Lease insofar as the same are applicable to a month-to-month tenancy and nothing shall preclude the Landlord from taking action for recovery of possession of the Premises and the Licence Area.
41. Lease Not In Registrable Form – The Landlord is under no obligation to at any time deliver this Lease or any instrument creating this Lease to the Tenant in a form registrable under the Land Title Act (British Columbia).
42. Payments Generally – All payments, including interest, required to be made by the Tenant to the Landlord under the terms of this Lease shall be:
(a) payable in lawful money of Canada;
(b) paid to the Landlord at the office of the Landlord or at such other place as the Landlord may designated from time to time in writing;
(c) made when due hereunder, without the need for prior demand and without any set-off, abatement or deduction;
(d) applied towards amounts outstanding in such a manner as the Landlord sees fit; and
(e) deemed to be rent (if not Rent), in partial consideration for which this Lease is entered into, and shall be payable and recoverable as rent, and the Landlord shall have all of the rights and remedies against the Tenant for default in making any such payment which may not be expressly designated as rent, as the Landlord has for a default in payment of Rent.
43. Interest – All payments due by the Tenant to the Landlord under this Lease shall bear interest at the rate of interest established from time to time by the Royal Bank of Canada, Main Branch, Vancouver, B.C. as the base rate used to determine interest rates charged by it for Canadian dollar loans to customers in Canada designated by them as the “prime rate” plus 6% per annum calculated monthly not in advance from the date due until paid.
44. Waiver or Non-Action – Waiver by the Landlord of any breach by the Tenant of any of its obligations under this Lease shall not be considered to be a waiver of any subsequent default or continuing default by the Tenant. Failure by the Landlord to take
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any action in respect of any breach of any Tenant obligation under this Lease by the Tenant shall not be considered to be a waiver of such obligation.
45. Conditions – All of the Tenant’s obligations under this Lease shall be deemed and construed to be both conditions and covenants as though the words specifically expressing covenants or conditions or used in each separate provision respecting each such obligation.
46. No Tenant Authority to Bind Landlord or Landlord – Nothing contained in this Lease creates the relationship of principal and agent or of partnership, joint venture or business enterprise or entity between the Tenant and the Landlord and the Tenant has no power or authority whatsoever to act on behalf of or bind the Landlord in any way.
47. Interpretation – In this Lease:
(a) reference to the singular includes a reference to the plural and vice versa, unless the context requires otherwise;
(b) a particular numbered section or lettered Schedule is a reference to the correspondingly numbered section or lettered Schedule of this Lease;
(c) an "enactment" is a reference to an enactment as that term is defined in the Interpretation Act (British Columbia) on the day this Lease is made;
(d) any enactment is a reference to that enactment as amended, revised, consolidated or replaced;
(e) section headings are inserted for ease of reference and are not to be used in interpreting this Lease;
(f) a “party” is a reference to a party to this Lease;
(g) time is of the essence; and
(h) where the word “including” is followed by a list, the contents of the list shall not circumscribe the generality of the expression immediately preceding the word “including”.
48. Notices – Where any notice, request, direction or other communication (any of which is a “Notice”) is to be given or made by a party under the Lease, it shall be in writing..
49. Binding on Successors – This Lease enures to the benefit of and is binding upon the parties and their respective successors and assigns, notwithstanding any rule of law or equity to the contrary.
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50. Law of British Columbia – This Lease shall be construed according to the laws of the Province of British Columbia.
51. Schedules – The following are the Schedules to this agreement and form an integral part of this agreement:
Schedule A – Sketch of Premises & Licence Area Schedule B – Operating Requirements Schedule C – Insurance Requirements
52. Entire Agreement – This Lease constitute the entire agreement between the parties regarding its subject matter and supersede all previous communications, representations, warranties, covenants and agreements, whether verbal or written, between the parties with respect to the subject matter of the Lease.
As evidence of their agreement to be bound by this Lease, the Landlord and the Tenant have executed this Lease below:
CITY OF WILLIAMS LAKE by its authorized signatories:
______Mayor:
______Corporate Officer:
MUSEUM OF THE CARIBOO CHILCOTIN SOCIETY, by its authorized signatories:
______Name:
______Name:
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Schedule A (Page 1 of 3)
TDC – Basement Floor Sketch
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Schedule A (Page 2 of 3)
TDC – Main Floor Sketch
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Schedule A (Page 1 of 3)
TDC – Upper Floor Sketch
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Schedule B
Operating Requirements
1. Purpose
The Tenant shall use and operate the Premises and the Licence Area for the following purposes and for no other purposes:
• Historic and regional culture education and interpretation, museum offices and staff room, artefact storage; and
• Boardroom bookings and special events approved by the Landlord.
2. Hours of Operation
The Tenant shall maintain and operate the Premises and the Licence Area with regular business hours that are mutually agreed upon by both parties.
3. Staffing
(a) General
The Tenant shall pay all costs associated with staffing the Premises and the Licence Area.
The employees of the Tenant will, at all times, present themselves in a professional, courteous and friendly manner and the Tenant shall ensure that all staff are identifiable as employees of the Tenant.
(b) Supervision
The Tenant shall ensure that competent on-site management and supervision of the Premises and the Licence Area and its employees is provided at all times.
4. Tenant Obligations
The Tenant shall:
(a) General
(i) manage all aspects of the operation of the Premises and Licence Area;
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(ii) be responsible for all charges relating to telephone, facsimile, postage and mail-outs;
(iii) not, without the prior written consent of the Landlord or Landlord, incur any expenses that the Landlord shall become liable;
(iv) be responsible for properly securing the Premises and the Licence Area at all times; and
(v) provide museum/historical services as established in agreement with the Landlord.
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Schedule C
Insurance Requirements
The Tenant shall obtain and maintain:
(a) comprehensive general liability insurance providing coverage for death, bodily injury, property loss and damage, and all other losses, arising out of or in connection with the Tenant’s use and occupation of the Premises and the Licence Area in an amount of not less than $3,000,000.00 per occurrence;
(b) “all risks” insurance, for replacement cost, on all of the Tenant’s personal property and fixtures that are in the nature of trade fixtures; and
(c) any other form or forms of insurance that the Landlord may reasonably require from time to time in such amounts and for such perils against which a prudent Tenant acting reasonably would protect itself in similar circumstances.
All policies of insurance required to be taken out by the Tenant shall be with companies satisfactory to the Landlord and shall, unless otherwise approved in writing by the Landlord:
(d) name the Landlord as an additional insured;
(e) include that the Landlord is protected notwithstanding any act, neglect or misrepresentation by the Tenant which might otherwise result in the avoidance of a claim and that such policies are not affected or invalidated by any act, omission or negligence of any third party which is not within the knowledge or control of the insureds;
(f) be issued by an insurance company entitled to carry on the business of insurance under the laws of British Columbia;
(g) be primary and non-contributing with respect to any policies carried by the Landlord and that any coverage carried by the Landlord is in excess coverage;
(h) not be cancelled or materially modified without the insurer providing the Landlord with 30 days written notice stating when such cancellation is to be effective or identifying the modification;
(i) be maintained for a period of 12 months per occurrence;
(j) not include a deductible greater than $5,000.00 per occurrence (except for the “all risks” insurance with respect to the Premises and the Licence Area, which shall include no deductible);
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(k) include a cross liability clause; and
(l) be on other terms acceptable to the Landlord, acting reasonably.
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Page 97 of 159 b) Tourism Discovery Centre (TDC) Lease Renewals - Chamber of Commerce &... CITY OF WILLIAMS LAKE NOTICE OF PROPOSED PROPERTY DISPOSITION PURSUANT TO SECTION 26 (3) OF THE COMMUNITY CHARTER
TAKE NOTICE that it is the intent of the City of Williams Lake to Renew the Lease Agreement with the Williams Lake & District Chamber of Commerce for property legally described as Part of Lot A, District Lot 8818, Cariboo District, Plan BCP27178, being that portion of the Williams Lake Visitor Centre (Tourism Discovery Centre) at 1660 Broadway Avenue South in the City of Williams Lake used for Chamber operations and Visitor Services.
The proposed term of the lease renewal is for a five-year term, effective January 1st, 2020 and expiring December 31, 2024. The consideration to be received by the City for the disposition is an annual rent of $1.00, plus GST, for each of the five years.
Dated at Williams Lake, BC this 2nd day of September, 2020, as the first of two publications of this Notice.
Ross Coupé Corporate Officer City of Williams Lake 450 Mart Street Williams Lake, BC V2G 1N3
Page 98 of 159 b) Tourism Discovery Centre (TDC) Lease Renewals - Chamber of Commerce &... CITY OF WILLIAMS LAKE NOTICE OF PROPOSED PROPERTY DISPOSITION PURSUANT TO SECTION 26 (3) OF THE COMMUNITY CHARTER
TAKE NOTICE that it is the intent of the City of Williams Lake to Renew the Lease Agreement with the Museum of the Cariboo Chilcotin Society for property legally described as Part of Lot A, District Lot 8818, Cariboo District, Plan BCP27178, being that portion of the Williams Lake Visitor Centre (Tourism Discovery Centre) at 1660 Broadway Avenue South in the City of Williams Lake used for Museum operations and Services.
The proposed term of the lease renewal is for a five-year term, effective January 1st, 2020 and expiring December 31, 2024. The consideration to be received by the City for the disposition is an annual rent of $1.00, plus GST, for each of the five years.
Dated at Williams Lake, BC this 2nd day of September, 2020, as the first of two publications of this Notice.
Ross Coupé Corporate Officer City of Williams Lake 450 Mart Street Williams Lake, BC V2G 1N3
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CITY OF WILLIAMS LAKE COUNCIL REPORT
DATE OF REPORT: September 4, 2020 DATE & TYPE OF MEETING: September 15, 2020 Regular Council Meeting AUTHOR: Jeff Bernardy, Sr. Engineering Technologist SUBJECT: POLL OF COUNCIL – GPS SURVEY EQUIPMENT FILE: 2-93-0
Recommendation
That the poll of Council conducted on September 4, 2020 authorizing $20,850 be allocated from general revenue for survey equipment in order to take advantage of bundle pricing to replace the City’s aging GPS system, be ratified.
Purpose
The purpose of the report is to advise of the current state of the City’s Global Positioning System (GPS) survey gear, demonstrate the savings that the City realizes through the use of the gear, and recommend taking advantage of bundle pricing to replace the entire system, rather than a single component at a time. This item is provided as an email poll to allow faster ordering of the equipment so it can be used for the remaining 2020 construction season.
Background / Discussion
The City’s GPS survey equipment has become an integral part of operations throughout various departments. Used for many tasks, the City enjoys significant savings by doing as much survey as possible in-house, rather than using expensive consultants. Examples include the engineering design for projects like the Glen Arbor Watermain, RC Cotton Path, 11th Avenue, Lakeview Avenue, among others, where direct savings were possible due to the survey equipment the City uses.
For the storm and sanitary modeling, the City received survey quotes for multiple thousands of dollars; this was all done in-house, and the money saved for other purposes.
The GPS is also used regularly for asset management purposes, including sand volumes done multiple times per year. Each of these surveys done by outside firms would add up quickly.
The original GPS system was purchased in 2008 and has been in constant use since. As typical with electronics, the technological abilities of GPS have progressed at a rapid rate since then. The age of our current system is causing issues, such as inability to connect to computers, lack of updates, and other glitches that arise as electronics and operating systems get old.
The newest Trimble GPS system marks a considerable improvement over our current outdated gear in accuracy in tree cover and near buildings, its ease of use, and its light weight. These benefits will equate to major time savings for staff, since very often projects occur in the river valley or other treed areas, or on city streets with buildings nearby. The modern operating system will save time and effort when transferring data from the equipment to the office.
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Poll of Council Results The results are as follows:
Mayor Cobb Yes Councillor Boehm Yes Councillor Bonnell Yes Councillor Brenner Yes Councillor Nelson Yes Councillor Ryll Yes Councillor Smith Yes
Financial Considerations (Cost and Resource Allocation)
☒ Yes (explain) ☐ N/A
The current 2020 budget includes $10,000, earmarked to replace just one component of the system, the data collector. To replace the rest of the aging system next year as planned, it would cost an additional $27,700, for a total of around $37,700.
However, if the whole system is purchased at one time as a bundle, the savings are shown below: Total bundle cost: $32,850
Less current budget: -$10,000
Less trade-in: -$2000
Total additional funds: $20,850
As demonstrated, appreciable savings can be had by purchasing the equipment as a bundle, as opposed to single components at a time over several years.
It is proposed the additional funds would be pulled from 2020 general revenue.
Legislative Considerations (Applicable Policies and/or Bylaws)
☐ Yes (explain) ☒ N/A
This project aligns with the following Strategic Priority Areas:
☐ Resilient and Diversified Economy ☐ Strong Community Relationships ☒ Financial Stability and Sound Asset Management ☐ Positive Community Image ☐ Healthy and Inclusive Workplace ☐ Other
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Other Implications (Environmental/Social/Economic)
☐ Yes (explain) ☒ N/A
This report has been prepared in consultation with: Hasib Nadvi – Manager of Planning & Development Vital Kozubenko – CFO
CAO Comments
I have been consulted in the development of this report and concur with its recommendations.
Respectfully submitted,
Jeff Bernardy Senior Engineering Technologist
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CITY OF WILLIAMS LAKE COUNCIL REPORT
DATE OF REPORT: September 3, 2020 DATE & TYPE OF MEETING: September 15, 2020 Regular Council Meeting AUTHOR: Beth Veenkamp, Economic Development Officer SUBJECT: POLL OF COUNCIL – LETTERS OF SUPPORT FOR INVESTMENT IN FOREST INDUSTRY TRANSITION PROGRAM APPLICANTS FILE: 0530-08
Recommendation
That the poll of Council conducted on September 2, 2020 authorizing three letters of support for the following applicants to the Investment in Forest Industry Transition program: 1) Dürfeld Log and Timber for their continued development of a log processing machine; 2) Elhdaqox RNG for a landscape plan feasibility study to support their community-based LNG project; and 3) Xat’sull Pellets for a landscape feasibility study to support their community-based pellet project, be ratified.
Purpose To obtain approval for a letter of support for applicants to the Investment in Forest Industry Transition (IFIT) grant program available through the Natural Resources Canada. This item is being provided via an email poll as the application deadline for this program (September 10) occurs prior to the next Council meeting.
Background / Discussion The goal of the IFIT program is to facilitate the adoption of transformative technologies, products, and processes by bridging the gap between development and commercialization. The IFIT program aims to create a more competitive and resilient forest sector with a focus on low-carbon projects that result in new or diversified revenue streams. More information on the program can be found online at: https://www.nrcan.gc.ca/science-data/funding-partnerships/funding- opportunities/forest-sector-funding-programs/investments-forest-industry- transformation-ifit/13139.
As part of the application process the applicant must speak to “Partners”, which are groups that have a vested interest in the project. These applications support region wide forest industry diversification with a lens on creating low-carbon projects. As such, the City of Williams Lake and the region stand to benefit from their success.
Three groups have approached the City seeking letters of support for their applications to the IFIT program.
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Project 1 Dürfeld Log and Timber’s (DLT’s) project is to complete the development of an innovative machine and then share this manufacturing technique with educators and local communities.
The machine in development is based on an existing prototype that combines ‘lathe bed’ principles with a two-rail track system for rolling carriages; uses computer design and construction programs for modelling and shop drawings. The prototype’s diverse cutting and notching capabilities are applicable to all aspects of log and timber construction including other value-added woodwork streams such as railings, stairs, doors, and furniture. DLT’s improvements to the protype represent a significant leap in manufacturing with logs and will dramatically increase the abilities and efficiencies in log construction. The machine is being designed as a mobile unit which could be taken to remote areas.
The City of Williams Lake’s vested interest in this project would be in supporting local innovation in wood manufacturing.
Project 2 Elhdaqox RNG – will be a feasibility study determining available biomass with a target of community heating /power generation and small scale renewable natural gas (RNG).
Project 3 Xat’Sull Pellets – will be a feasibility studies determining available biomass with a target of community heating /power generation.
Both of projects 2 and 3 are based assessing local landscapes to determine the available biomass so that an application can be made to FLNROD for a tenure license that would allow for harvesting for the main purpose of increasing a biomass stream. This is a new way of looking at our landscapes that will benefit not only the available biomass, but to reduce wildfire risk, and prepare the lands for tree planting with the lens on planting to reduce future fire threats, and to create landscapes that are available for harvesting in a shorter lifecycle.
Mayor Cobb and the EDO have met with Cariboo Carbon, the firm proposing these projects. The long- term benefit of creating these landscape plans will be increasing the availability of forest residuals that could benefit all users of “waste” wood fibre, including our two local companies. Additionally, there are many employment opportunities that will come from this new way of working in the forest. The fact that the Ministry of Forests, Lands, Natural Resource Operations and Rural Development (FLNRORD) is willing to look at tenure licenses for non-saw-log areas presents a very exciting opportunity for our region.
Poll of Council Results The results are as follows:
Mayor Cobb Unavailable Councillor Boehm Unavailable Councillor Bonnell Yes Councillor Brenner Yes Councillor Nelson Yes Councillor Ryll Yes Councillor Smith Unavailable
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Financial Considerations (Cost and Resource Allocation)
☐ Yes ☒ N/A
Legislative Considerations (Applicable Policies and/or Bylaws)
☐ Yes (explain) ☒ N/A
This project aligns with the following Strategic Priority Areas:
☒ Resilient and Diversified Economy ☒ Strong Community Relationships ☒ Financial Stability and Sound Asset Management ☐ Positive Community Image ☐ Healthy and Inclusive Workplace ☐ Other
Other Implications (Environmental/Social/Economic)
☐ Yes (explain) ☒ N/A
This report has been prepared in consultation with: Corporate Officer
CAO Comments I was consulted in the creation of this report and concur with its recommendations.
Respectfully submitted,
Beth Veenkamp Economic Development Officer
ATTACHMENTS: Attachment A – Draft letters of support
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September 1, 2020
File No. 0530-08
Durfeld Log and Timber 530 Sunset Drive Williams Lake BC V2G 2Y9
Attn: Ric Durfeld
Dear Mr. Durfeld:
Re: Natural Resources Canada - Investment in Forest Industry Transition Program
On behalf of the City of Williams Lake, I am pleased to provide a letter of support for Durfeld Log and Timber’s application to the Natural Resources Canada - Investment in Forest Industry Transition Program.
Durfeld Log and Timber is a well-established and trusted custom log and timber building company that has deep roots in Williams Lake and the Cariboo region. The City of Williams Lake has been following the development of your innovative 4 axis cutting machine that will provide for greater efficiency in wood manufacturing. We find that the mobile design of the machine to be of great interest as a way to create deeper engagement with remote communities and provides for new opportunities in training.
We understand that Durfeld Log and Timber has worked tirelessly on this project and has engaged with the UBC Faculty of Wood Science to see this innovation in design realized. We support Durfeld Log and Timber’s application to Natural Resources Canada’s program. We feel that this project exemplifies innovation in the forest product processing field, and the entire Cariboo region stands to benefit from its continued development. We look forward to seeing this machine in operation as soon as possible. Yours truly,
Mayor Walt Cobb
Page 108 of 159 d) Poll of Council - Letters of Support for Investment in Forest Industr...
September 1, 2020
File No. 0530-08
Elhdaqox RNG #302-383 Oliver Street Williams Lake, BC V2G 1M4
Attn: Mr. Chris Young
Dear Mr. Young:
Re: Natural Resources Canada - Investment in Forest Industry Transition Program
Further to our meetings with Guy Burdikin of Cariboo Carbon Solutions, the City of Williams Lake is pleased to provide a letter of support for your application to the Natural Resources Canada – Investment in Forest Industry Transition Program.
Creating landscape plans through a feasibility study of non-saw-log areas that can support bio- mass harvesting is an innovative initiative for this region. We appreciate that this is done with a view to reducing wildfire hazards and will support silviculture efforts to further reduce these risks. This is definitely important work for the Cariboo region.
Additionally, with the reduction of residuals coming from traditional sources, biomass is increasingly becoming a sought-after commodity for local industry. We believe that your initiative will create many economic development opportunities, replace and create jobs lost due to mill closures, and support carbon reduction initiatives.
We wish you success with your application and look forward to the commencement of this important work.
Yours truly,
Mayor Walt Cobb
Page 109 of 159 d) Poll of Council - Letters of Support for Investment in Forest Industr...
September 1, 2020
File No. 0530-08
Xat’sull Pellets 3405 Mountain House Road Williams Lake, BC V2G 5L5
Attn: Craig Kennedy
Dear Mr. Kennedy
Re: Natural Resources Canada - Investment in Forest Industry Transition Program
Further to our meetings with Guy Burdikin of Cariboo Carbon Solutions, the City of Williams Lake is pleased to provide a letter of support for your application to the Natural Resources Canada – Investment in Forest Industry Transition Program.
Creating landscape plans through a feasibility study of non-saw-log areas that can support bio- mass harvesting is an innovative initiative for this region. We appreciate that this is done with a view to reducing wildfire hazards and will support silviculture efforts to further reduce these risks. This is definitely important work for the Cariboo region.
Additionally, with the reduction of residuals coming from traditional sources, biomass is increasingly becoming a sought-after commodity for local industry. We believe that your initiative will create many economic development opportunities, replace and create jobs lost due to mill closures, and support carbon reduction initiatives.
We wish you success with your application and look forward to the commencement of this important work.
Yours truly,
Mayor Walt Cobb
Page 110 of 159 d) Poll of Council - Letters of Support for Investment in Forest Industr... C2e
CITY OF WILLIAMS LAKE COUNCIL REPORT
DATE OF REPORT: September 8, 2020 DATE & TYPE OF MEETING: September 15, 2020 Regular Council Meeting AUTHOR: Ross Coupé, Corporate Officer SUBJECT: POLL OF COUNCIL – UBCM RESOLUTION NR68 LETTER OF SUPPORT FILE: 0400-50-03
Recommendation
That the poll of Council conducted on September 2, 2020 directing staff to prepare a letter to all UBCM members promoting UBCM Resolution NR68 (re: Early Childhood Education Labour Force Shortage) prior to its consideration at the 2020 UBCM Convention, be ratified.
Purpose This report seeks Council’s direction on whether to promote UBCM resolution NR68 (drafted by the City of Williams Lake) via a letter prior to the 2020 UBCM Convention.
Background / Discussion
In March, Council approved a resolution supporting based on consultation with local groups, for submission to the North Central Local Government Association (NCLGA). The NCLGA endorsed the resolution and submitted it for consideration at the 2020 Union of BC Municipalities (UBCM) convention. The UBCM executive received the below resolution but has provided no recommendation on whether it should be endorsed.
NR68 “Whereas there is a chronic shortage of Early Childhood Educators (ECE’s) across the province that impedes the ability of qualified workers to return to the workforce after a parental leave:
Therefore be it resolved that UBCM lobby the provincial government to implement a standard minimum $25 per hour wage for ECE’s in British Columbia to address the challenge of a lagging labour force in the child care sector;
And be it further resolved that UBCM lobby the provincial Ministry of Advanced Education, Skills and Training to address the gender-biased systems that place an unequal requirement on entrants into the ECE profession in comparison to other sectors, particularly when compared with trades education.
Given the structure of the 2020 UBCM convention, with limited debating time, some council members suggested additional information on the resolution should be provided to the UBCM membership before voting occurs during the convention. This item proceeded as an email poll to permit timely distribution of this letter.
Page 111 of 159 e) Poll of Council - UBCM Resolution NR68 Letter of Support UBCM Resolution NR68 - Letter of Support Page 2
Attached to this report is the letter sent requesting UBCM membership support of resolution NR68.
Poll of Council Results The results are as follows:
Mayor Cobb Yes Councillor Boehm Yes Councillor Bonnell Yes Councillor Brenner Yes Councillor Nelson Yes Councillor Ryll Yes Councillor Smith Yes
Financial Considerations (Cost and Resource Allocation)
☐ Yes ☒ N/A
Legislative Considerations (Applicable Policies and/or Bylaws)
☐ Yes (explain) ☒ N/A
This project aligns with the following Strategic Priority Areas:
☐ Resilient and Diversified Economy ☒ Strong Community Relationships ☐ Financial Stability and Sound Asset Management ☒ Positive Community Image ☐ Healthy and Inclusive Workplace ☐ Other
Other Implications (Environmental/Social/Economic)
☐ Yes (explain) ☒ N/A
This report has been prepared in consultation with:
Economic Development Officer Executive Assistant
CAO Comments
N/A
Page 112 of 159 e) Poll of Council - UBCM Resolution NR68 Letter of Support UBCM Resolution NR68 - Letter of Support Page 3
Respectfully submitted,
Ross Coupé Corporate Officer
ATTACHMENTS: Attachment A – Letter to UBCM Members
Page 113 of 159 e) Poll of Council - UBCM Resolution NR68 Letter of Support Page 114 of 159 e) Poll of Council - UBCM Resolution NR68 Letter of Support Page 115 of 159 e) Poll of Council - UBCM Resolution NR68 Letter of Support Page 116 of 159 C2f
CITY OF WILLIAMS LAKE COUNCIL REPORT
DATE OF REPORT: September 10, 2020 DATE & TYPE OF MEETING: September 15, 2020 Regular Council Meeting AUTHOR: Ross Coupé, Corporate Officer Kim Dressler, Executive Assistant SUBJECT: UBCM RESOLUTIONS PROCESS FILE: 0400-50-03
Recommendation
That Council provide direction to staff regarding any further action to be taken on UBCM resolutions being considered at the 2020 AGM and Convention.
Purpose The purpose of this report is to seek direction from Council regarding any further action to be taken on UBCM resolutions being considered at the 2020 AGM and Convention.
Background / Discussion Due to COVID-19 restrictions, the 2020 Union of British Columbia Municipalities AGM and Convention is being held virtually. The format is significantly different from the traditional approach, with resolutions being considered on Wednesday, September 23, 2020 from 9 am to 12 pm.
The resolutions session will be streamlined, with resolutions considered as follows:
ENDORSE BLOCK – considered as a block NOT ENDORSE BLOCK – considered as a block ER – Extraordinary Resolutions considered individually SR – Special Resolutions considered individually NR – considered individually, TIME PERMITTING C – not admitted for debate/not considered
“Endorse Block” Resolutions The following resolutions have been identified as possibly requiring additional information or submission of a proposed amended resolution. Please refer to the pages listed below in the attached Resolutions Book for more information.
Resolutions marked ”EB” are included in the Endorse Block. These resolutions will be voted on as one motion. Note that voting delegates cannot speak for or against resolutions in the block.
If Council has significant concerns about a resolution in the Endorse Block and wishes to remove a specific Resolution, it must submit a resolution to that effect by noon on September 18th .
Page 117 of 159 f) UBCM Resolutions Process 2020 UBCM Resolutions Process Page 2
UBCM has recommend that any requested changes should present the proposed amended Resolution, and also the rationale for amending or removing. The UBCM Executive will meet before the AGM to determine whether they approve removal of the Resolution(s) as requested; if approved, the proposed amended Resolution would then be considered separate from the Block by the executive, as opposed to by the membership. In previous informal conversations, Council members identified four EB resolutions for further discussion and a potential resolution.
EB16 Medical Cannabis Safety Concerns (Sunshine Coast RD) – Page 52 The main goal of the draft resolution is to ensure that local governments have all adequate information from senior governments to oversee and regulate production facilities within their boundaries. Council members raised concerns about ensuring that regulation of medical cannabis facilities is undertaken uniformly across jurisdictions (within municipalities, regional districts and first nations). If Council is not satisfied that the wording of the resolution adequately addresses concerns about uniform regulation, a resolution stating such could be provided to the UBCM executive. Conversely, Council could request that the second part of the resolution (re: information sharing agreements with the federal and provincial governments) be expanded to include licensing particulars of medical cannabis both within and adjacent to a jurisdiction. With this amendment, jurisdictions would be made aware of what is occurring within and adjacent to their boundaries.
EB19 Public Designation for Resource Roads (Squamish) - Page 54 Concerns have been raised that this resolution may lead to additional costs to resource industries building roads. While the resolution does include a caveat that that the proposed new standards would be funded similarly to the public highway system, conversations with UBCM staff have not guaranteed this interpretation. If Council is not comfortable that the existing language addresses this concern, Council could recommend a further amendment, such as: “Therefore be it resolved that the Province establish clearly defined standards for construction, maintenance, and enforcement for resource roads that serve as the primary or secondary access roads for communities, funded similarly to the public highway system, and further that any additional costs from these new standards not be borne by resource industries.”
EB29 Clean Vehicle Initiative (New Westminster) - Page 60
Concerns were raised by some Council members about road costs not being borne adequately by electronic bike users. If Council does not wish to support this resolution given concerns that the extra cost of road widening and repairs (i.e. for bike lanes) are not currently borne by users under the existing licensing system, then a resolution to have EB29 removed from the approval block could be submitted.
EB37 BC Gaming Grant (Hazelton) - Page 66
Council members raised concerns about the source of the additional gaming funds for communities under 10,000 proposed by this resolution. Discussions with UBCM staff confirmed that the current resolution is silent on the source of funding. Council may wish to consider an amendment to this item, to ensure that existing funds are not reduced for existing recipients of gambling facility funds:
“Therefore be it resolved that UBCM urge the Provincial government to make available new gaming grant funding for those communities under 10,000 for programs and services related to arts and culture, sport, public safety, environment and social services, and further that this new funding not decrease
Page 118 of 159 f) UBCM Resolutions Process 2020 UBCM Resolutions Process Page 3
existing gaming revenue provided to local governments by gambling facilities within their jurisdictions”.
No Recommendation (NR) Resolutions Time permitting, the NR resolutions will be considered individually at the virtual convention. Voting delegates cannot make a request to remove/amend a Resolution in the NR section, BUT can speak for/against and can vote for/against the Resolution. No pre-conference resolutions are required for these items, but Council can provide guidance to their voting representatives as desired. Items that have been informally discussed include:
• NR4 – Green Roofs (North Vancouver District) - Page 111 • NR32 – Employer Health Tax (Sicamous) - Page 128 • NR 61 – Indigenous Peoples’ Representation (Okanagan-Similkameen RD) - Page 142 • NR 68 – Early Childhood Education Labour Force Shortage (Williams Lake) - Page 146
Regarding NR 68, as it is not in block, the City’s resolution will be considered separately, time permitting. Council may wish to plan a statement (or speaker) on this item.
**Sponsors can call in in advance and will have 3 minutes to speak in support of their resolution.
If time runs out, NR Resolutions will be referred to the UBCM Executive to be discussed at the Committee level, and a determination made in November.
Financial Considerations (Cost and Resource Allocation)
☐ Yes (explain) ☒ N/A
Legislative Considerations (Applicable Policies and/or Bylaws)
☐ Yes (explain) ☒ N/A
This project aligns with the following Strategic Priority Areas:
☐ Resilient and Diversified Economy ☐ Strong Community Relationships ☐ Financial Stability and Sound Asset Management ☐ Positive Community Image ☐ Healthy and Inclusive Workplace ☐ Other
Other Implications (Environmental/Social/Economic)
☐ Yes (explain) ☒ N/A
Page 119 of 159 f) UBCM Resolutions Process 2020 UBCM Resolutions Process Page 4
This report has been prepared in consultation with:
Corporate Services
CAO Comments A discussion of the above-noted resolutions will help identify the actions Mayor and Council wish to take to ensure any concerns are addressed.
Respectfully submitted,
Ross Coupé Kim Dressler Corporate Officer Executive Assistant
ATTACHMENTS: Attachment A – UBCM Resolutions Book
Page 120 of 159 f) UBCM Resolutions Process C3a
CITY OF WILLIAMS LAKE COUNCIL REPORT
DATE OF REPORT: August 31, 2020 DATE & TYPE OF MEETING: September 15, 2020 Regular Council Meeting AUTHOR: Patrick Mahood, Manager of Public Works SUBJECT: REPLACEMENT OF COW BOSS STATUE – UPDATE FILE: 1-23-2B
Recommendation
That Council provide direction on how to proceed with the replacement of the retired Cow Boss carving and the amount to be included in the 2021 budget submission for the project.
Purpose The purpose of this report is to update Council on potential replacement costs of the Cow Boss statue and provide information on possible procurement methods (direct award vs call for artists).
Background / Discussion The “Cow Boss” statue at the intersection of Oliver and 8th Avenue, was installed approximately 15 years ago, carved by Ken Sheen and repainted recently by Dwayne Davis. It has rotted to such a state over time that repair is not feasible.
At the June 30, Council meeting, Council considered four possible options to replace the retired carving. An estimate from the original carver was not available at the time of report.
1. Approve replacement and use 2020 funds. 2. Pre-approve the work out of 2021 budget funds. 3. Include replacement in 2021 budget considerations. 4. Do not replace statue.
Council resolved to proceed with option three and, via resolution 203/20, directed staff to obtain cost estimates for all art mediums (not only wood) and include these estimates in the 2021 budget discussions.
Staff followed, but discovered, obtaining cost estimates on art pieces is exceedingly difficult. Conversation with other communities had widely varying expenditures for public art. Metal media was often more expensive than wood carvings, but not always. Size and complexity did not appear to be linear with costs as well. Additionally, in speaking with a number of artists, most would not copy another artists carving or sculpture work to replace the retired carving with a similar piece. Staff were unable to obtain valid estimates in other media due to the subjectivity of art costs.
However, a confirmed estimate from the original carver (Ken Sheer) was obtained $ 14,500 for a similar replacement. This option includes a solid cedar similar replacement carving, with only highlights painted and three coats of sealer. The installation would be done by staff.
Page 121 of 159 a) Replacement of Cow Boss Statue - Update Replacement of Cow Boss Statue – Update Page 2
If Council opts to proceed with a different art piece (or different medium), Council may wish to look into options for engaging the art community and/or broader community regarding the replacement. During the research for this report, staff spoke to several communities in how they procure art pieces. One prominent means to acquire public art is providing “a call to artists”.
This process has the local government publicly seek proposals for an art installation with specific requirements (i.e. theme, location, and a set budget) set in advance. Common considerations for the call for artists can include:
• The Call for Artists can involve community engagement as to what type of art would be considered or can be directed solely by Council. • The process should clearly identify any wants/needs. (i.e. Art to represent the area’s history or use of a certain media). • Clearly state “priority given to…” if a very specific want or need is present. i.e. a direct replacement of the existing statue that is being retired or that local artists will receive priority. • Create an odd numbered jury from local arts organizations (and potentially Council representation) to vet the applications. • Have a scoring mechanism that includes the wants/needs. • Artists to present to scale models, sketches, a presentation etc. for judging. • The award of the artwork project can be done by the judges, Council or by public vote.
Financial Considerations (Cost and Resource Allocation)
☒ Yes (explain) ☐ N/A Funding for replacement of statue is estimated at ~ $ 14, 500 or a Council directed amount to fund a new public art piece through a “Call to Artists”.
Legislative Considerations (Applicable Policies and/or Bylaws)
☐ Yes (explain) ☒ N/A
This project aligns with the following Strategic Priority Areas:
☐ Resilient and Diversified Economy ☐ Strong Community Relationships ☐ Financial Stability and Sound Asset Management ☒ Positive Community Image ☐ Healthy and Inclusive Workplace ☐ Other
Other Implications (Environmental/Social/Economic)
☐ Yes (explain) ☒ N/A
Page 122 of 159 a) Replacement of Cow Boss Statue - Update Replacement of Cow Boss Statue – Update Page 3
This report has been prepared in consultation with: Municipal Services, Finance, CAO, Public Works Committee
CAO Comments N/A
Respectfully submitted,
Pat Mahood Manager of Public Works
Page 123 of 159 a) Replacement of Cow Boss Statue - Update Page 124 of 159 C3b
CITY OF WILLIAMS LAKE COUNCIL REPORT
DATE OF REPORT: September 4, 2020 DATE & TYPE OF MEETING: September 15, 2020 Regular Council Meeting AUTHOR: PATRICK MAHOOD, MANAGER OF PUBLIC WORKS SUBJECT: DAIRY QUEEN CALL OUT BILL DISPUTE – INVOICE 21739 FILE: 2-39-23
Recommendation
That Council receive the property owner’s request for waiving $172.64 under invoice 21739 and that the request be denied.
Purpose The purpose of this report is to advise that Council has been requested to waive the costs associated with invoice 21739 ($172.64), provide background on the incident and summarize the regulations established by City bylaw.
Background / Discussion
On Feb 17, 2020 at 17:48 the City of Williams Lake after-hours line received a call regarding a sewer back-up at 1218 S Broadway at the Dairy Queen Restaurant requesting the City to attend. An on-call operator was mobilized to attend. A second call at 18:04 to the after-hours line came in to advise service was not required, as the plumber on site had found the blockage.
During the approximately 15 minutes between calls, the City’s on-call operator mobilized and attended the site to check the sewer main. The operator advised the plumber the sewer mainline was clean and during this conversation the plumber advised they had found the blockage inside property.
The City bills for cost recovery whenever a callout is requested and the issue is found to not be the City’s issue, as in this case. If the call for service was canceled before the operator mobilized and there was no cost to the City, there would not be a bill generated. However, in this instance, despite the short time between calls, the City incurred overtime and other costs associated with the call-out.
The property owner contacted staff to request the invoice be waived due to the short time between the initial call and cancellation call. Staff noted that existing practice and provisions of the City’s Sewer Works Management Bylaw requires cost recovery for all callouts that result from issues on private property. The request has now been elevated to Council for decision.
Given past practice, the requirements of the bylaw that property owners bear the costs of work initiated on private property and the potential for setting precedence for waiving these fees, it is recommended that this request be denied.
Page 125 of 159 b) Dairy Queen Call Out Bill Dispute - Invoice 21739 Dairy Queen Call Out Bill Dispute – Invoice 21739 Page 2
Financial Considerations (Cost and Resource Allocation)
☒ Yes (explain) ☐ N/A If waived, the invoice costs will be borne by the City ($172.64).
Legislative Considerations (Applicable Policies and/or Bylaws)
☒ Yes (explain) ☐ N/A
BYLAW 871, 1982 - 8.4 – OWNER RESPONSIBLE FOR BLOCKAGES ON OWNERS PROPERTY
8.6 – ALL COSTS OF UNBLOCKING SERVICE ON OWNERS PROPERTY WILL BE PAID BY THE OWNER
This project aligns with the following Strategic Priority Areas:
☐ Resilient and Diversified Economy ☐ Strong Community Relationships ☒ Financial Stability and Sound Asset Management ☐ Positive Community Image ☐ Healthy and Inclusive Workplace ☐ Other
Other Implications (Environmental/Social/Economic)
☐ Yes (explain) ☒ N/A
This report has been prepared in consultation with:
DMS, CFO, CO
CAO Comments
N/A
Respectfully submitted,
Patrick Mahood Manager of Public Works
ATTACHMENTS: Attachment A – Email from Gary Singh and Invoice 21739
Page 126 of 159 b) Dairy Queen Call Out Bill Dispute - Invoice 21739 D1
CITY OF WILLIAMS LAKE BYLAW NO. 2332
BEING A BYLAW OF THE CITY OF WILLIAMS LAKE TO AMEND BYLAW NO. 1825 BEING THE "WILLIAMS LAKE ZONING BYLAW NO. 1825, 2002".
WHEREAS the Local Government Act authorizes the Municipal Council to amend Zoning Bylaws after a Public Hearing;
AND WHEREAS Section 473 of the Local Government Act empowers the Council to regulate the use of land, buildings and structures within such zones;
AND WHEREAS Section 466 of the Local Government Act provides that notice be mailed or otherwise delivered to the occupiers of all real property within the area and within a distance as specified in the Bylaw;
AND WHEREAS for the purposes of this Bylaw the defined specified area is all properties within a distance of One Hundred Meters (328 feet);
AND WHEREAS an application has been received to amend the zoning of a parcel within the City;
NOW THEREFORE the Council of the City of Williams Lake in open meeting assembled hereby enacts as follows:
1. Title This Bylaw may be cited for all purposes as the "Williams Lake Zoning Amendment Bylaw No. 2332, 2020".
2. Designation
Bylaw No. 1825, being the "Williams Lake Zoning Bylaw No. 1825, 2002", is hereby amended by rezoning the following property:
Page 127 of 159 1. Zoning Amendment Application - Bylaw No. 2332 - T.R. Underwood Engine... BYLAW NO. 2332 PAGE 2 of 4
Lot 1, Block 21, District Lot 71, Cariboo District, Plan 2432, Except Parcel A (Plan B7003)
as indicated below and shown on the map attached as Schedule “A”, which map is declared to be and forms an integral part of this Bylaw:
From: Comprehensive Development Zone 12 (CD-12) To: Town Centre Commercial (C-1) zone
3. Text Amendment Bylaw No. 1825, being the "Williams Lake Zoning Bylaw No. 1825, 2002", Division 312.1 “Permitted Land Uses” of the Town Centre Commercial (C-1) zone is herby amended as follows:
312.1 Permitted Land Uses Minimum Lot Size Minimum Lot Width
Office(h) n/a n/a
(h) An office use with no loading zone requirement shall be permitted on Lot 1, Block 21, District Lot 71, Cariboo District, Plan 2432, Except Parcel A (Plan B7003), addressed as 452 Borland Street.
4. Adoption
This Bylaw shall come into force and take effect upon the date of final adoption by the Council of the City of Williams Lake.
Page 128 of 159 1. Zoning Amendment Application - Bylaw No. 2332 - T.R. Underwood Engine... BYLAW NO. 2332 PAGE 3 of 4
READ A FIRST TIME THIS 25th DAY OF August , 2020 READ A SECOND TIME THIS 25th DAY OF August , 2020 ADVERTISED 2nd & 9th DAYS OF September , 2020 A PUBLIC HEARING HELD ON 15th DAY OF September , 2020 READ A THIRD TIME THIS DAY OF , 2020 APPROVED UNDER THE TRANSPORTATION ACT DAY OF , 2020 RECONSIDERED AND ADOPTED THIS DAY OF , 2020
______MAYOR
______CORPORATE OFFICER
Page 129 of 159 1. Zoning Amendment Application - Bylaw No. 2332 - T.R. Underwood Engine...
Schedule “A” Bylaw No. 2332
Rezoning from Comprehensive Development Zone 12 (CD-12) to Town Centre Commercial (C-1)
I, ROSS COUPÉ, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE SCHEDULE "A" TO BYLAW NO. 2332 OF THE CITY OF WILLIAMS LAKE.
______CORPORATE OFFICER
Page 130 of 159 1. Zoning Amendment Application - Bylaw No. 2332 - T.R. Underwood Engine... F1
August 20 2020
Mayor and Council City of Williams Lake 450 Mart Street Williams Lake, BC V2G 1N3 RE: Mural Project 2020
Dear Mayor Walt Cobb and Councillors,
Downtown Williams Lake is looking forward to embarking on another Mural Project soon.
This year our wish is to hire a fully female artist team. This would be the first Mural Project of it’s kind in the City of Williams Lake.
This team will consist of Mandee Beaulieu, Jazmyn Doulliard, Brittany Murphy, Tiffany Jorgensen and Sarah Sigurdson. 5 fantastic local female artists to undertake this year’s mural painting. This is done with the intention of again, diversifying our art collection downtown as well as providing a great opportunity to continue to showcase local art. These artists have designed a beautiful piece of artwork that will make up our mural for this year and they will be painting the mural in September, weather permitting. This mural brings to light the reality of the fires on our City and of course, the newest issue that we have all been dealing with all over the world, and in our own community- Covid 19, which has had a huge impact on our Downtown. This Mural will show the tragedy of the fires, while showing the spectator the possibility and beauty of rising above this.
Since I have lived in Williams Lake, I have envisioned a beautiful mural on the side of the dry- cleaning building-as this is truly the Gateway into town, and this piece will truly entice visitors and locals into the Downtown Core. This mural will truly showcase again the diversity of Art out City supports.
We have secured the side wall of the 29 3rd Avenue South. Mr. Stefan Hoelzer has made the necessary arrangements with the artists to make sure the wall that is ready to be painted and has also viewed and approved the artwork and signed all appropriate agreements on our end. I have attached the signed Property Owner Agreement.
I have attached a picture of the mural sketch as a sample of the artwork that is to be completed. We believe this artwork is an important piece which celebrates new and beautiful artistic input in our Downtown. We are now asking that Council release the $5000 in the mural fund to contribute towards this endeavor. The remainder of the expense of the mural, mentorship program, and
Page 131 of 159 1. DWLBIA - Mural Approval & Funding Request 2020
honorarium to the mentee artist will be paid by our organization, with the exception of a $1000.00 Contribution by the landlords themselves, which will help get the wall “paint ready”
I do wish to note as well, that we did take careful consideration this year, into this project, and being fair with artists in our Community. Our Business Portrait Project was a very big investment in our Community, and that was taken on by Dwayne Davis, so we did want to provide this mural project to another group of artists.
Thank you for your consideration. I am very excited, with your cooperation, to get this project started in our Downtown!
Sincerely,
Jordan Davis, Executive Director Downtown Williams Lake Business Improvement Association (DWLBIA)
Page 132 of 159 1. DWLBIA - Mural Approval & Funding Request 2020 Design Concept: 2020 Mural Project.
Before and as you read this...please cue song “Feeling Good” by Nina Simone
The cariboo has been through so many unprecedented events in the last few years. The fires, pandemic, and floods. Our grit, resilience and strong community should be celebrated and remembered. To commemorate the events we propose to paint a burned forest. Amongst the tall dark trees there will be a small green tree growing and almost glowing representing hope and new life. Throughout the trees and high in to the sky there will be flying whales representing how we rose up as a community and thought outside the box. Discovering new ways to thrive and still hold on to who we are. The whales will be all different species to show our diverse population.
Above and throughout the whales will be floating balloons filled with water. Not only will they give the mural an almost 3D feel, they can represent lots of things for lots of people. Fears floating away, the floods in 150 mile house, maybe relief for the fires below. The entire mural will be backed by a sunrise representative of a new day and again, hope.
As strong as our community is we all share some trauma from the events. Our hope is that people can pull something meaningful for themselves as we continue to heal and move forward together. Knowing we can handle anything.
"Its a new dawn its a new day its a new life
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September 3rd, 2020
To: City of Williams Lake 450 Mart Street, Williams Lake, BC V2G 1N3
From: Resource Works Society Canadian Institute of Forestry Suite 960 – 1050 West Pender Street P.O. Box 99, 6905 Hwy. 17 West Vancouver, BC V6E 3S7 Mattawa, ON P0H 1V0 www.resourceworks.com www.cif-ifc.org
Dear Mayor Cobb and Williams Lake Council,
This September, we are inviting municipalities across BC to declare National Forest Week (September 20-26, 2020) in their communities.
2020 marks the centennial anniversary of this national campaign led by the Canadian Institute of Forestry / Institut forestier du Canada (CIF-IFC). This one-week campaign that takes place the last week of September each year challenges Canadians across the country to learn more about the forest sector and its significance to Canada’s culture, history, and future, while also supporting a greater recognition of forests as a valuable, renewable and green resource.
This year’s theme is "Healthy Forests, Healthy Future”, focusing on the importance of safeguarding the health of Canada’s forests as a critical nature-based solution to mitigate climate change. Forestry communities like Williams Lake understand that a healthy forest can mean family-supporting incomes for forestry workers, opportunities for small, locally-owned businesses and economic development for local Indigenous communities.
Participating in #NationalForestWeek can be as simple as declaring National Forest Week in your community, sharing posts and graphics on social media created by CIF-IFC and using the hashtag #NationalForestWeek. The Resource Works Society will also be sharing stories about working forests and forestry communities throughout the week.
Examples of how your community can participate, including suggested text for a Council Motion, are included on the next page.
Sincerely,
Stewart Muir Mark Pearson Executive Director Executive Director Resource Works Society Canadian Institute of Forestry / Institut forestier du Canada (CIF-IFC).
Page 135 of 159 1. Proclamation - "National Forest Week" HOW TO PARTICIPATE IN #NATIONALFORESTWEEK 2020
x Pass a motion at your next Council meeting:
“That Williams Lake declare the week of September 20th to 26th National Forest Week.”
x Use your social media channels to like and share/re-tweet posts created by the CIF-IFC (@CIF_IFC on Twitter and @CIF.IFC on Facebook) and Resource Works (@Resource_Works on Twitter and @ResourceWorks on Facebook) or posts using the hashtag #NationalForestWeek or #Semainenationaledelarbreetdesforêts.
x Share National Forest Week 2020 digital creatives via social media using the hashtag #NationalForestWeek or #Semainenationaledelarbreetdesforêts.
x Create your own content using the daily sub-themes from the National Forest Week Social Media Content Schedule and share them using the hashtag #NationalForestWeek or #Semainenationaledelarbreetdesforêts.
x Write an op-ed in your local newspaper about what “Healthy Forests, Healthy Future” means to your community.
See National Forest Week online to download digital graphics, view the social media content schedule and learn about additional ways to participate.
Page 136 of 159 1. Proclamation - "National Forest Week" August 21, 2020
Cariboo Chilcotin Regional Hospital District Board Highlights Agricultural Land Commission Applications For an online (HTML or PDF) version of the CCRHD board Two applications to the ALC were received. A request to exempt meeting agenda, including agenda item summaries and reports the 500 square metre limit for a primary residence in the please visit: CCHRHD Board Agenda August 21, 2020 Williams Lake Fringe Area was received and submitted to the Provincial Agricultural Land Commission with a Capital Expenditure Bylaws recommendation for approval. An application to subdivide a The Cariboo Chilcotin Regional Hospital District Board gave 49.16 ha parcel of agricultural land near Horse Lake was three readings and adopted three capital expenditure bylaws rejected. for the 2020/21 fiscal year. The board also received a report
updating the impacts of current market conditions on the Environmental Services CCRHD five-year financial plan. The full list of bylaws, items, and A funding request for improvements to the Alexandria transfer funding requests is available on the meeting agenda. station was approved and an update on the Quesnel Recycling Information Updates Depot budget and contract was received. The board received 35 items from Northern Health and Interior Health for its consent calendar. Beverlee Barr, Quesnel Temporary Commercial/Industrial Applications Healthcare Recruitment Coordinator provided an update on An application to renew a temporary permit allowing 12 RVs on efforts to recruit healthcare professionals to the region. mobile home lots at 1561 Kitsul Road to provide temporary accommodations for workers for an additional two years was Cariboo Regional District Board Highlights approved. For an online (HTML or PDF) version of the CRD board meeting agenda, including agenda item summaries and reports please Community Services visit: CRD Board Agenda August 21, 2020 A proposal from the Bouchie Lake Recreation Commission for a lighting upgrade at the Bouchie Lake Community Hall was Delegations received and $20,300 from the Community Works Fund was Chair Margo Wagner, Director Al Richmond and the Cariboo allocated to the project. Regional District were recognized by Phyllis Jack-Webstad and Joan Sorley of the Orange Shirt Society for their support of the A request to amend the operations contract of the South society and its efforts. Cariboo Regional Airport to facilitate the transfer of the agreement to another party (subject to approval of the CRD) Zoning Amendments was received. The CRD board gave third reading to South Cariboo Area Zoning Amendment Bylaw No. 5210 (Area G – Lac La Hache) and Quesnel Fringe Area Official Community Plan Amendment Finance Bylaw No. 5269 and No. 5270 (Area A). The Monthly Expenditures Board Summary Report and Mastercard Summary Report for the month of July 2020, were received and ratified. Variance Permits An application for a development variance permit in 108 Mile A grant for assistance request from the Roe Lake & District Ranch allowing a reduction in front yard setback was deferred Recreation Commission was received and a recommendation until the September CRD board meeting. that a previously approved $5000 grant for playground construction be disbursed to the Recreation Commission was approved.
For additional information, contact Chris Keam, Manager of Communications, at 250-392-3351 or toll free at 1-800-665-1636 cariboord.ca facebook.com/caribooregion @CaribooRD
Page 137 of 159 1. Council Information Package August 21, 2020
The 2020 Cariboo Regional District Second Quarter Financial Board Reports and Correspondence Report was received. Six items were received to the Board Consent calendar. See the meeting agenda for a complete list (Items 13.1.1 to 13.1.6). Administration An alternative approval process was endorsed for six Fire Bylaws for Consideration of Three Readings and Adoption Protection Loan Authorizations bylaws authorizing ten-year Cariboo Regional District Deka Lake Fire Protection Service financing of new equipment for fire protection services: Boundary Amendment Bylaw No. 5283, 2020 was given three readings. • Cariboo Regional District Interlakes Fire Protection Loan Authorization Bylaw No. 5271, 2020 Cariboo Regional District Forest Grove Legion Property Tax Exemption Bylaw No. 5281, 2020 and Quesnel-Hixon • Cariboo Regional District Ten Mile Lake Fire Protection Subdivision Erosion Protection Works Service Parcel Tax Bylaw Loan Authorization Bylaw No. 5273, 2020 No. 5282, 2020 were given three readings and adopted.
• Cariboo Regional District West Fraser Fire Protection Emerald/Crown Royal Island Parking Service Establishment Loan Authorization Bylaw No. 5274, 2020 Bylaw No. 5239, 2019 was defeated.
• Cariboo Regional District Wildwood Fire Protection Bouchie Lake Fire Protection Boundary Expansion Bylaw No. Loan Authorization Bylaw No. 5275, 2020 5279, 2020 was adopted.
• Cariboo Regional District Forest Grove Fire Protection Directors’ Requests, Reports, and Appointments Loan Authorization Bylaw No. 5276, 2020 A request from Director Forseth to investigate the feasibility of the North, Central Cariboo/Chilcotin and South Cariboo • Cariboo Regional District Deka Lake Fire Protection Economic Development Services merging into one CRD Loan Authorization Bylaw No. 5277, 2020 function, was received, and a motion asking for a staff report on same was carried. A request from Director Forseth to ask the Cariboo Regional District Lac La Hache Fire Protection Honourable Mike Farnworth, BC’s Minister of Public Loan Authorization Bylaw No. 5272, 2020 was received Safety/Solicitor-General for a formal review of RCMP officer with further public consultation to be undertaken before strength for Areas D, E, F, and K was also received. moving forward. Upcoming Meetings: A request from the Northern Secwepemc Cultural Society for CCRHD & CRD Meetings: Friday, September 11, 2020 support of a grant application was received and a motion to provide a letter of support passed. See the full CCHRD and CRD agenda at cariboord.ca/agendasminutes. An agenda item summary regarding the proposed inclusion of the 150 Mile Ranch lands into the Williams Lake First Nation IR 1 was received with a motion to issue a letter of support carried.
For additional information, contact Chris Keam, Manager of Communications, at 250-392-3351 or toll free at 1-800-665-1636 cariboord.ca facebook.com/caribooregion @CaribooRD
Page 138 of 159 1. Council Information Package 33 2o. O.POO».wU:Ow : _. ? Clo: 0+mm _<_c:_n:um__zmm
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03: _<_m6o< _<_m _<_m Ummq _<_m ._.:m:w OS moamocmo_<_< ._.:mwmmo_E_o:w Oo33_:mm. Emasmog:so} on oo__m2Eo?mmgcmox :03 OS. 3m3_mm_.m_oo§_:.o Ea < Osom mnmi.< moéwm; m:m__§._n6m_< Oo::o=_o~ O_m:m _<_oo_o O0 _<_m mogom? w:m__U:Q©m_< O: Ema: 2 o:_. 1mmumn: : EmmUmm:zo?mmEur 3 umm?no_._ < Em: _<_ mo< 3§§__A _<_m Ummz_<_m. ._.:m:x <0: 8“ <9: _m:mq9. ._:_<3. mono.mag m:o_ommo_no_o<9. _u:mr_d __xm8 Exm E_m oc_oo_.E::< 8 Emsx _sE_m:< oq moan._um mews smmzzo Page 144 of 159 oSoo3m 2 <9: v8_.mo.H. m_:om5_<_ K2 Wxex, msmzm9330: §::m.§. 1. Council Information Package § 88 2% Page 145 of 159 Eosocamia $58 $330: 2353 ommega Um<$owBaEmumwo U92. E329. mrdwmosv ?aw Q? om<<::mBmF38 rum83228 mOoBScE.Q25 m_:2&2. ~um::9.mEwmm??sai Bmsmmam3 28 3.38 Qaoamams:o_o /<0 m8 <0? Boa 2, 2:. mam:E232 mamEwing 8 mrmaamcog &_,ao:..<39 V5? ?aw I >m:5 Q? 25<<::m3m rmw,o.mmUO.MEmm Emams mo: - €22 2, 89¢ was Good morning Mayor Cobb, Thank you for taking the time to respond to our advocacy campaign regarding anti-coagulant rodenticide use by municipalities. I was also contacted by Ms. Vant regarding the letters sent via our email tool, and I explained that our page does clearly indicate that letters will be sent on supporters' behalf to their local council. Unfortunately, she may have been confused between our external petition on Care2 and the direct email campaign we were conducting on our own website. (Faceboo k post) All social media posts about this campaign include wording about "reaching out to councils" or "contacting local government" to avoid confusion about whether this is a petition or not. On our main page, it also makes it very clear at multiple steps that emails will be sent directly to their local council. Page 147 of 159 1. Council Information Package (bottom of advocacy page) You noted that you received two responses from constituents whose emails were non-legitimate, which is very concerning as the BC SPCA takes extensive measures to ensure that our supporters' sensitive data and privacy is protected. In our records, it shows 16 Williams Lake residents who sent letters to your council. If you are able to confirm who (aside from Ms. Vant) indicated they didn't consent to the emails being sent it would be appreciated it so that we can fully investigate this situation. Thank you again for bringing this to our attention. Kind regards, Alison ______Alison Cuffley Officer, Government Relations BC SPCA 1245 East 7th Avenue Vancouver BC V5T 1R1 604.647.1321 1.855.622.7722 OUR MISSION: To protect and enhance the quality of life for domestic, farm and wild animals in British Columbia. The BC SPCA is a not-for-profit organization reliant on donations from the public. Charitable Tax # BN 11881 9036 RR0001 This email was sent from the unceded territory of šxʷməθkʷəyə̓ maɁɬ təməxʷ, Skwxwú7mesh-ulh Temíx̱w , S’ólh Téméxw, and səlilw� ətaɁɬ təməxʷ. This message and any attachments or links are for the sole use of the intended recipient(s) and may contain privileged and confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please notify us immediately and destroy the original message. Thank you. Page 148 of 159 1. Council Information Package Page 149 of 159 1. Council Information Package Page 150 of 159 1. Council Information Package From: Jeanie Vant Sec 22(1) FOIPPA Sent: Sunday, August 16, 2020 15:40 To: Ivan Bonnell Subject: Please save animals from poison Dear Ivan Bonnell (Councillor), Williams Lake, The wide-spread use of poisons in rodent control is killing our wildlife and harming greenspaces and waterways. Municipalities can play a key role in reducing rodenticide use and educating residents on preventative and alternative control measures. Taking action to address which pest control measures are used on municipal property can make a significant change and show leadership on environmental, animal welfare and public health issues in local communities. The District of North Vancouver and the District of Saanich recently passed motions to ban rodenticide use on all municipal properties – I am now asking you to do the same for our community. The BC SPCA is dedicated to supporting humane pest control and has spent years developing research partnerships, setting evidence-based wildlife-friendly standards through its AnimalKind accreditation program for wildlife and pest control companies, and working with municipalities to make local change. Each community has a role in preventing the suffering of animals and this action taken by Mayor and Council will be supported by the BC SPCA, other environmental and animal organizations, and residents. Thank you, Jeanie Vant Page 151 of 159 1. Council Information Package Page 152 of 159 North Central Local Government Association ADVOCACY SUMMARY REPORT September 9, 2020 Advocacy Letters to Provincial and Federal Ministers As outlined in the 2019-2022 Strategic Plan, advocacy is a key priority for NCLGA. Our goal is to provide member input into informed provincial and federal government decision-making. While NCGLA members were unable to discuss member resolutions and other important topics at NCLGA’s annual convention in May, advocacy remains important to members. Therefore, NCGLA recently forwarded letters to several BC and federal Ministers regarding resolutions submitted by members in advance of NCLGA’s planned 2020 AGM and Convention. In the fall, NCLGA plans to request delegation meetings with several Ministers to discuss the issues raised in the letters and member resolutions. In advance of any meetings, NCLGA will contact members regarding their resolutions to discuss key messages for these sessions. In the meantime, NCLGA would be pleased to support members in any Minister meetings at the UBCM Convention in September, if needed. The following list summarizes the Ministers who received advocacy letters and the related resolutions that fall within their authority. The individual Minister letters are available to view on Dropbox (click on hyperlink). Provincial Government Selina Robinson, Minister of Municipal Affairs and Housing R2 Legislative Clarification on Temporary Use Permits R20 Minimal Barrier Shelter Standards R25 Assistance with Step Code Implementation L1 BC Gaming Grant Bruce Ralston, Minister of Energy, Mines and Petroleum Resources R1 Geothermal Exploratory Drilling Regulations R5 Vegetation Control along Powerlines R26 BC Hydro Service Provisions Doug Donaldson, Minister of Forests, Lands, Natural Resource Operations, and Rural Development R11 Maintenance of Forest Service Roads R18 Forestry Economic Downturn #206-155 George Street Prince George, BC V2L 1P8 Phone: 250-564-6585 | Email: [email protected] www.NCLGA.ca Page 153 of 159 1. Council Information Package Lana Popham, Minister of Agriculture R4 New ALC Regulation George Heyman, Minister of Environment and Climate Change Strategy R27 Engaging Northern and Remote Communities on New Programs R31 Municipal Solid Waste – ICI EPR Program R32 Invasive Species Funding R33 Invasive Species Act R34 Sustainable Funding for Watershed Stewardship Mike Farnworth, Minister of Public Safety and Solicitor General R6 Expanded Role for RCMP Auxiliary Program R7 Funding for Rural Crime Reduction/Prevention Group R8 Funding for Rural Community Policing Resources R9 Emergency Interagency Communication System R29 Extending Life of Fire Apparatus David Eby, Attorney General R23 Sharing Payments from Opioid Class Action Lawsuits R30 Private Liquor Store Moratorium Claire Trevena, Minister of Transportation and Infrastructure R10 Transportation Services for Rural and Remote Communities R12 EV Charging Stations Adrian Dix, Minister of Health R10 Transportation Services for Rural and Remote Communities R22 Ambulance Services Judy Darcy, Minister of Mental Health and Addictions R19 Re-Evaluation of Outpatient Model R21 Needle Retrieval and Disposal Program R23 Sharing Payments from Opioid Class Action Lawsuits R24 Mental Healthcare Services Rob Fleming, Minister of Education R28 Library Funding R37 Provincial Support for Libraries Melanie Mark, Minister of Advanced Education, Skills and Training R35 Post-Secondary in Rural Communities R36 Early Childhood Education Labour Force Shortage #206-155 George Street Prince George, BC V2L 1P8 Phone: 250-564-6585 | Email: [email protected] www.NCLGA.ca Page 154 of 159 1. Council Information Package Harry Bains, Minister of Labour R22 Ambulance Services R36 Early Childhood Education Labour Force Shortage Katrina Chen, Minister of State for Child Care R36 Early Childhood Education Labour Force Shortage Shane Simpson, Minister of Social Development and Poverty Reduction R3 Accessible Parking Campaign Carole James, Minister of Finance R7 Funding for Rural Crime Reduction/Prevention Group R8 Funding for Rural Community Policing Resources R14 Grant-in-lieu of Taxes Revision R15 Brownfield Taxation R17 Enumeration and Consideration of Seasonal Populations R24 Mental Healthcare Services R28 Library Funding R32 Invasive Species Funding R34 Sustainable Funding for Watershed Stewardship R37 Provincial Support for Libraries L1 BC Gaming Grant Federal Government Chrystia Freeland, Minister of Finance R14 Grant-in-lieu of Taxes Revision R16 Gas Tax Funding Navdeep Singh Bains, Minister of Innovation, Science and Industry (for Statistics Canada) R17 Enumeration and Consideration of Seasonal Populations #206-155 George Street Prince George, BC V2L 1P8 Phone: 250-564-6585 | Email: [email protected] www.NCLGA.ca Page 155 of 159 1. Council Information Package Page 156 of 159 Good day your Worship, As many of us are starting to return to work, return to school and we begin to embrace the “new normal”, we hope that you and your family are staying safe, staying informed and staying connected. We are reaching out from The GenWell Project, once again, to support you and your community as we all cope with these challenging times. As you may recall, we are a free, open-sourced, Human Connection Movement. Our mission is to make the world a happier and healthier place by reminding people about the importance of face-to-face social connection and inspiring them to take action, even if that means virtually or through physical distancing for now. We have all become very aware of the importance of human connection in our lives over the last 6 months and our campaign wants to broaden that understanding and act as a catalyst to get people of all ages, to take action. This September we are asking people across Canada to #ShowUsYourBubble. Over the last 6 months our bubbles have played an important part in our coping, in our support and in our resilience. As we look ahead to the potential of another phase of Covid and the economic impact of a global slowdown, our bubbles will play an even greater role in our lives moving forward. We hope you will use our #ShowUsYourBubble campaign as your catalyst to reach out with this important message before we go into a new phase of lockdown or members of your community face their own individual challenges. Our campaign can be found on all of our social platforms and we encourage all Canadians to #ShowUsYourBubble as we strengthen the healthy connection habits that make us all happier and healthier. Here are a couple of our kick off posts and a link to our press release in case you need more information. Press Release #ShowUsYourBubble Campaign Launch Posts Instagram Facebook Twitter LinkedIn Page 157 of 159 1. Council Information Package Here are a couple of our free resources that you might find helpful in inspiring people to build healthier connections in their homes, on their streets and in your communities. Covid-19 Connection What if I'm already socially connected? How do I connect with my neighbor? If there has ever been a time for us to come together, it is now. One of our team members will follow up with a phone call to your office this week to see if you have any questions or if there is anything else we can do to support you and your community during these challenging times. Stay safe, stay healthy and stay connected. Thank you, Maya Hibbeln Community Manager [email protected] | 416 -806-1095 For more information about The GenWell Project, please head to our website at www.GenWellProject.org and make your own FREE pledge to get connected on GenWell Weekend. Become a part of making our world a happier and healthier place one virtual connection at a time! Page 158 of 159 1. Council Information Package Social Posts for Social Media Platforms We would love your support online, so we have created these posts for your use at any time leading up to the campaign. Here is the link to the Google drive where you can find and download the different high-resolution images: GenWell Social Post Images. For your convenience, we have created these pre written templates which can be used for your post. 1. For the month of September The GenWell Project wants you to #ShowUsYourBubble and help celebrate the importance of those who have been there for us during Covid-19. We need each other more than ever! #ShowUsYourBubble #inthistogether @genwellproject 2. Join me this September and #ShowUsYourBubble in support of The GenWell Project. #ShowUsYourBubble #inthistogether @genwellproject 3. This September, The GenWell Project wants you to #ShowUsYourBubble so we can celebrate those who have been there for us during Covid-19 and who will be there for us as we move forward. #ShowUsYourBubble #inthistogether @genwellproject Page 159 of 159 1. Council Information Package