Agenda COWICHAN
MUNICIPALITY of North Agenda COWICHAN
Meeting Regular Council File: 0570-50
Date Wednesday, January 21, 2009
Time 2:00 p.m.
Place Municipal Hall - Council Chambers Page
1. Call to Order
2. Approval of Agenda Recommendation: that Council approve the agenda as circulated.
3. Adoption of Minutes 7-10 Recommendation: that Council adopt the January 7, 2009 Regular Council minutes.
4. Introduction of Late Items Recommendation: that Council add the following late items to the agenda:
5. Public Meetings and Hearings 11 5.1 Bylaw No. 3368 Recommendation: (Following receipt of information from the public, if any) that Council adopt Bylaw No. 3368, being the "Council Procedure Amendment Bylaw, 2009".
13-15 5.2 Development Variance Permit (3112 Channel Boulevard) Recommendation: (following receipt of public input if any) that Council issue a development variance permit to vary section 58(6)(a) of the Zoning Bylaw to reduce the minimum required side yard setback from 2.0 Metres (6.56 feet) to 1.5 metres (4.92 feet), for the property owned by Mary Dolan, at 3112 Channel Boulevard (Folio: 16393-000).
6. Staff Reports 17 6.1 Control of Elk Population Recommendation: that Council advise the Ministry of Environment that North Cowichan has no objections to the Ministry issuing a limited number of permits to
Page 1 of 88 January 21, 2009 Regular Council Meeting Agenda Page
6. Staff Reports control the elk population in North Cowichan, and will not seek to enforce North Cowichan's Firearms Bylaw.
19 6.2 Herd Road Local Area Water Service Recommendation: that Council contribute $48,867.42 towards the Herd, Norcross and Westcott Road watermain extension from surplus South End Water System funds.
21 6.3 Award of Logging Contract Recommendation: that Council authorize the Mayor and Director of Administration to sign an agreement with Millstone Contracting Ltd. to harvest an estimated 1,500 cubic metres of conifer and hardwood logs from Mt. Richards (Block R-181), at a cost of $31.00 per cubic metre, effective January 19, 2009 to April 30, 2009.
23 6.4 Donation - Firewood Recommendation: that Council authorize the Mayor and Director of Administration to sign an agreement with the Cowichan Valley Alternative School to remove an estimated six cords of firewood from Maple Mountain, at a cost of $10 per cord instead of $30 per cord, effective January 19, 2009 to April 30, 2009.
25-35 6.5 Chemainus Business Improvement Association Recommendation: that Council receive and file the Chemainus Business Improvement Area Program's unaudited financial statements for the year ending August 31, 2008, as required under Section 11 of the Chemainus Business Improvement Area Bylaw 2004, No. 3202.
7. Correspondence 37-43 7.1 Georgia Strait Alliance (Fish Farms) Recommendation:
45 7.2 UBCM (Trust Fund) Recommendation:
47-49 7.3 UBCM (Home Inspection) Recommendation:
51-52 7.4 Cowichan Lodge Recommendation:
53 7.5 Wendy Ewing (Catalyst) Recommendation:
7.6 Receive and File Recommendation: that Council receive and file correspondence not separately dealt with.
8. Committee Reports
8.1. Administration & Finance Committee
Page 2 of 88 January 21, 2009 Regular Council Meeting Agenda Page
8.1. Administration & Finance Committee 55-57 8.1.1 Minutes - Jan 12 Recommendation: (Review Minutes)
8.1.2 Donation - Cowichan Therapeutic Riding Association Recommendation: that Council donate an E.J. Hughes framed print to the Cowichan Therapeutic Riding Association for its 2009 dinner auction.
8.1.3 Donation - Rotary Club of Duncan Recommendation: that Council donate an E.J. Hughes framed print to the Rotary Club of Duncan for its annual gala dinner and charity auction.
8.1.4 Donation - Cowichan Music Festival Recommendation: that Council authorize a grant of $200.00 to the Cowichan Music Festival for its 2009 festival.
8.2. Agricultural Advisory Committee 59 8.2.1 Minutes - Jan 12 Recommendation: (Review Minutes)
8.3. Public Works Committee 61-64 8.3.1 Minutes - Jan 14 Recommendation: (Review Minutes)
8.3.2 Tree Removal - Boys Road Water Complex Recommendation: that Council support the removal of trees #1 and #8 and removal of tree branches that overhang hydro lines at the Boys Road water complex, as per Beechwood Tree Services' January 2, 2009 report.
8.3.3 Access - Norcross and Trans Canada Highway Recommendation: that Council request the Ministry of Transportation reconsider opening the Norcross Road and Trans Canada Highway left turn lane northbound onto Norcross Road west.
8.3.4 Signage - Sherman Road and Trans Canada Highway Recommendation: that Council advise the Ministry of Transportation that it supports the Duncan Business Improvement Area Society’s proposal to install a new city centre directional sign north of Sherman Road on the Trans Canada Highway, which shows the roundabout configuration, to replace the city centre directional existing sign.
8.3.5 Parking - Cliffs Road Recommendation: that Council request the Principal of Khowhemun Elementary School to ask the parents of children attending the school to not park on the sidewalk.
8.3.6 Budget - Wood Stove Replacement Program Recommendation: that Council approve the expenditure of $5,000 in 2009 to fund the Wood Stove Replacement Rebate Program.
Page 3 of 88 January 21, 2009 Regular Council Meeting Agenda Page
8.3. Public Works Committee 8.3.7 Signage - Quamichan Lake Recommendation: that Council authorize the installation of a ‘public walkway’ sign at the end of Lochsyde Drive.
8.3.8 Road Closure - Peterson Street Recommendation: that Council direct staff to draft a bylaw that would simultaneously close a portion of Peterson Street and remove its highway dedication.
8.4. Technical Planning Committee 65-66 8.4.1 Minutes - Jan 13 Recommendation: (Review Minutes)
9. Other Reports 67-72 9.1 Minutes - Jan 8 Island Savings Centre Commission Recommendation: (Review Minutes)
10. Bylaws 73-75 10.1 Bylaw No. 3369 Recommendation: that Council adopt Bylaw No. 3369, being the "Cemetery Amendment Bylaw, 2009".
77-79 10.2 Bylaw No. 3370 Recommendation: that Council read a first, second and third time Bylaw No. 3370, being the "Parcel Tax (Herd Road Local Area Water Service) Bylaw, 2009".
81 10.3 Bylaw No. 3371 Recommendation: that Council read a first, second and third time Bylaw No. 3371, being the "Forestry Advisory Committee Establishment Bylaw, 2009".
83-84 10.4 Bylaw No. 3372 Recommendation: that Council read a first and second time Bylaw No. 3372, being the "Zoning Amendment Bylaw (No. 1 - Ryall Road), 2009".
85 10.5 Bylaw No. 3373 Recommendation: that Council read a first, second and third time Bylaw No. 3373, being the "Street Name Change Bylaw, 2009".
87-88 10.6 Bylaw No. 3374 Recommendation: that Council read a first and second time Bylaw No. 3374, being the "Zoning Amendment Bylaw (No. 2 - Cowichan Valley Highway), 2009".
11. Notice of Motions 11.1 Policy - Voter Approval Recommendation: that Council consider at its February 4, 2009 Regular Council meeting, the following motion:
Page 4 of 88 January 21, 2009 Regular Council Meeting Agenda Page
11. Notice of Motions
that Council adopt a policy whereby notwithstanding Section 85(1) of the Community Charter, district-wide referenda on major expenditures or borrowing bylaws will ordinarily need the approval of a minimum of 60% of voters casting ballots in those referenda in order to be considered “approved”.
In specific instances considered “exceptional”by the Council of the day, this policy can be over-ridden with a two-thirds majority vote of Council in a duly constituted meeting, reverting the margin of voter approval to the “simple majority”as set out in Section 85(1) of the Community Charter.
This policy would not apply to referenda on “Local Improvements”where only a portion of North Cowichan voters are eligible to participate in the vote, nor to votes initiated by other municipal jurisdictions (ie, Cowichan Valley Regional District) where North Cowichan voters participate in the balloting as part of a larger contingent of electors.
12. New Business
13. Question Period
14. Committee of the Whole 14.1 Motion to Resolve Recommendation: that Council resolve into the Committee of the Whole.
14.2 Delegation - Jean Crowder, MP Recommendation: (Not applicable)
14.3 Rise and Report Recommendation: that the Committee rise and report, and that Council adopt the report of the Committee.
15. Closed Session 15.1 Motion to close meeting to the public Recommendation: that Council close the remainder of the meeting to the public to consider matters under sections 90(1)(e) and 90(2)(b) of the Community Charter.
16. Adjournment
Page 5 of 88 Page 6 of 88 Minutes - Jan 7
MUNICIPALITY of North Minutes COWICHAN
Meeting Regular Council File: 0570-50
Date Wednesday, January 7, 2009
Time 2:00 p.m.
Place Municipal Hall - Council Chambers
Members Present Mayor Tom Walker Councillor Garrett Elliot Councillor Ruth Hartmann Councillor Dave Haywood Councillor John Koury Councillor George Seymour Councillor Al Siebring
Staff Present Jim Dias, Chief Administrative Officer (CAO) Mark Ruttan, Director of Administration / Deputy CAO John MacKay, Director of Engineering & Operations Chris Hall, Director of Planning
Approval of Agenda It was moved, seconded and carried, that Council approve the agenda as circulated.
Adoption of Minutes It was moved, seconded and carried, that Council adopt the December 15, 2008 Special Council minutes and the December 17, 2008 Regular Council minutes.
Introduction of Late Items It was moved, seconded and carried, that Council add the following late items to the Regular agenda: 5.2 Snow and Ice Removal, 11.1 Licence of Occupation (Catalyst Paper), 13.5 Two-Tier Aquatic Fees; and the following late items to the Closed agenda: 5.1 Proposed Land Use - s.(90)(1)(e) of the Community Charter, 5.2 Committee Appointment - s.(90)(1)(a) of the Community Charter.
Page 1 of 4
Page 7 of 88 Minutes - Jan 7
January 7, 2009 Regular Council Meeting Minutes
Staff Reports
Agricultural Land It was moved, seconded and carried, that Council forward the Reserve Exclusion Agricultural Land Reserve exclusion application for 2950 Elm (2950 Elm Street) Street (Folio: 15052-010) to the Agricultural Land Commission with File: 3025-20 08.06 Council's support to exclude that area recommended for exclusion in schedule 1 of the Director of Planning's December 18, 2008 report, with the recommendation that if the area is excluded, the Commission require, if possible, that the owner of the property register a restrictive covenant on title to notify perspective and future owners that adjacent lands are actively farmed.
Snow and Ice Council received for information the CAO's January 6, 2009 report Removal on snow and ice removal.
Correspondence
Receive and File It was moved, seconded and carried, that Council receive and file the following correspondence: 1) 2010 Legacies NOW (Annual Review), 2) UBCM (C2C Program Funding), 3) Ministry of Healthy Living and Sport (2015 Canada Winter Games); 4) Ministry of Community Development (LocalMotion Grant Program).
Committee Reports
Agricultural Advisory Committee
Abattoirs It was moved, seconded and carried, that Council direct the Mayor File: 0550-20 AAC to write to the Province encouraging it to address the problems created by regulations governing abattoirs.
Bylaws
Bylaw No. 3369 It was moved, seconded and carried, that Council read a first, File:4100-00/1810-35 second and third time, Bylaw No. 3369 being the "Cemetery Amendment Bylaw, 2009".
New Business
Catalyst - Licence of It was moved, seconded and carried, that Council approve Occupation and authorize signing a new 1-year non-exclusive licence of occupation with Catalyst Paper Corporation to develop, manage, maintain and supervise a public trail on Catalyst's property.
Committee of the Whole
Motion to Resolve It was moved, seconded and carried, that Council resolve into the Committee of the Whole. (2:40 p.m.)
Page 2 of 4
Page 8 of 88 Minutes - Jan 7
January 7, 2009 Regular Council Meeting Minutes
Regional Board The Committee discussed upcoming regional issues that affect North Cowichan, including regional policing, regional recreation, and future staff increases.
Municipal Office It was moved, seconded and carried, that Council authorize Expansion Stantec Architecture to complete the detailed design drawings of File: 0750-20 MHALL the Municipal Hall expansion.
Two-Tier Aquatic The Committee discussed the Cowichan Aquatic Centre two-tier Fees aquatic fees.
Rise and Report It was moved, seconded and carried, that the Committee rise and report, and that Council adopt the report of the Committee. (3:54 p.m.)
Closed Session
Motion to close It was moved, seconded and carried, that Council close the meeting to the public remainder of the meeting to the public to consider matters under sections 90(1) (a), (e), (g), (j), (k), (l) and 90(2) (b) of the Community Charter. (3:55 p.m.)
Forestry Advisory It was moved, seconded and carried, that Council 1) re-appoint Committee - Eric Jeklin to the Forestry Advisory Committee for a five-year term, Reappointment expiring January 20, 2014; and 2) direct staff to prepare an amendment to Forestry Advisory Committee Establishment Bylaw 2002, No. 3138, changing the membership from the Mayor and two Councillors appointed by the Mayor, to three members of Council appointed by the Mayor.
Adjournment Rise and Report Council rose and reported at 7:16 p.m.
Certified Correct: Signed:
______Corporate Officer Mayor or presiding member
Page 3 of 4
Page 9 of 88 Minutes - Jan 7
January 7, 2009 Regular Council Meeting Minutes
Mayor (or presiding member) Certified Correct
Page 4 of 4
Page 10 of 88 Bylaw No. 3368
BYLAW NO. 3368 Council Procedure Amendment Bylaw, 2008
The council of The Corporation of the District of North Cowichan, enacts as follows: 1 “Council Procedure Bylaw, 2007”, No. 3290, is amended in section 4(2)(b) by striking out “2:00 p.m.” and substituting “ 1:30 p.m. ”
First reading ...... December 17, 2008 Second reading ...... December 17, 2008 Third reading ...... December 17, 2008 Adoption ...... , 2009
M.O. Ruttan, Director of Administration Tom Walker, Mayor
This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan.
Page 11 of 88 Page 12 of 88 Development Variance Permit (3112 Channel Boulevard)
MUNICIPALITY of /VOff/7 Notice COWICHAN
Date December 29, 2008 File: 3080-020 08.16 Folio: 16393.000 Place Council Chambers, Municipal Hall
Date & Time January 21, 2009 at 2:00 p.m.
Meeting Development Variance Permit for 3112 Channel Boulevard, Chemainus BC
Notice is given under Section 922(4) of the Local Government Act, that the North Cowichan Council proposes to issue a development variance permit at its regular meeting at 2:00 p.m. on Wednesday, January 21, 2009 at the Municipal Hall, 7030 Trans Canada Highway, Duncan BC.
Purpose of the Permit To vary Section 58(6)(a)of the Zoning Bylaw to reduce the minimum permitted setback for principal buildings for the south side yard from 2.0 metres (6.56 feet) to 1.5 metres (4.92 feet) to permit an addition to the principal building, as shown on the reverse side.
Subject Property Civic Address: 3112 Channel Boulevard, Chemainus, BC Folio: 16393.000 Legal Description: Lot 1, Section 18, Range 4, Chemainus District, Plan 30251 Parcel Identifier Number: 001-277-391
Owners and occupants of properties within the 200 ft radius line will receive a copy of this notice.
Inspection of Permit A copy of the application, draft permit and related documents may be inspected in the Planning Department on December 29 to 31, 2008 and January 2, 5 to 9, 12 to 16, and 19 to 20, 2009 between the hours of 8:30 a.m. to 4:30 p.m.
Decision The Municipal Council will hear from the public in the Councij Chambers on January 21, 2009 at 2:00 p.m. prior to making a decision on the application. If you believe your interests will be affected by the proposed permit, you may attend and speak on matters pertinent to the permit. You may also provide your written comments to Chris Hall, Directorof Planning, by email to [email protected] or by mail received prior to 4:30 p.m. on January 20, 2009.
7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Page 13 of 88 Development Variance Permit (3112 Channel Boulevard)
SCHEDULE 1 Site Plan
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7030 Trans Canada Highway, Box 278, Duncan, BC V9L3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Page 14 of 88 Development Variance Permit (3112 Channel Boulevard)
Municipality of North Cowichan
7030 Trans Canada Highway, Box 278 Duncan, BC V9L 3X4
Tel 250 746 3100 Fax 250 7463133 www.nortlicowichan.bc.ca Development Variance Permit (08.16)
To: Mary H. Dolan
Subject Property: 3112 Channel Boulevard, Chemainus BC (Folio No. 16393.000) ,,
1. This permit is issued subject to compliance with rf releval$y\lorth Cowichan bylaws.
This permit applies to the lands described beS^jJo1 any buildings, structures, and other development thereon (hereinafter called the Laft^g^ Lot 1, Section 18, Range 4, Chemainus%^P^PIan 30251 - PID: 001-277-391 3. Pursuant to Section 922 of the LojjffiB^&rrlfkent Act (RSBC 1996, c. 323), this permit varies Section 58(6){a) of the Zoning B^||w t||feste£ the minimum permitted setback for a principal building for the south side yard frcS|#O metres (6.56 feet) to 1.5 metres (4.92 feet)to permit an addition to the principal b^ii%,al^own on Schedule 1 (attached).
4. This permit is not a buildin
5. This permit was approvedon Janfary 21, 2009 and issued on (date of issue).
6. Pursuant to Section 925(4) of the Local Government Act, this permit lapses on (2 years from date of issue) if the holder of thepermit does not substantially start any construction with respect to which this permit is issued by.
The Corporation of the District of North Cowichan
Designated Municipal Officer (Imprint of Official Seal)
3080_20 08.16 Draft Petmit.wpd
Page 15 of 88 Page 16 of 88 Control of Elk Population
MUNICIPALITY of A/Of?/? Report cowichan
Date January 13,2009 File
To Council
From Mark Ruttan, Director of Administration / Deputy CAO Endorsed by
Subject Control ofElk Population
Purpose
The purpose of this report is to comment on the Ministryof Environment's plans to issue permits to control the elk population in the area.
Background
The Ministry of Environment has advised North Cowichan by e-mail that as a result of increasing agricultural conflicts and human safety (vehicle collision) issues, the Ministry proposes to initiate a Limited Entry Hunt for elk. First Nations hunters have been actively hunting elk under a joint agreement with the Ministry for the past four years. The Ministry now proposes to issue three permits annually through its Limited Entry Hunt draw process to authorize the hunt for a single elk each. The results of this hunt will be reviewed annually to determine if any changes are appropriate. Some of the conditions for the hunt include: archery equipment only (no firearms), possession of a current valid hunting licence and species licence, landowner permission for access on all private lands, and compulsory reporting of any success.
Discussion
The Ministry has asked Council to consider passing a resolution that would effectively allow for the non- enforcement of North Cowichan's Firearms Bylaw so that individuals in possession of a valid Limited Entry Hunt authorization can hunt elk within North Cowichan.
North Cowichan's Firearms Bylaw No. 3077, restricts where a firearm or bow may be discharged, including the area where elk are causing problems, which is on the West side of the municipality, south of Mount Prevost. However, the Right to Farm Act stipulates that municipalities cannot regulate matters that impinge upon the normal farm practices. Since shooting animals to protect a farmfrom animal damage is considered a normal farm practice, North Cowichan's Firearms Bylaw likely does not apply in any event.
Recommendation
that Council advise the Ministry of Environment that North Cowichan has no objections to the Ministry issuing a limited number of permits to control the elk population in North Cowichan, and will not seek to enforceNorth Cowichan's Firearms Bylaw.
morjani 3_09r elk.wpd 7030 Trans Canada Highway, Box 278, Duncan, BC V9L3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Page 17 of 88 Page 18 of 88 Herd Road Local Area Water Service
__ MUNICIPALITY of NOIli! Report cowichan
Date January 14, 2009 File 5630-50 HER4
To Mark Ruttan
From John MacKay, Director of Engineering and Operations Endorsed by
Subject Herd Road / Norcross Road / Westcott Road Watermain Extension Local Improvement - Certification of Final Cost
The project was completed and in operation November 1, 2008. The final cost for this project was $483,896.42. The estimated cost (estimated in March 2007) was $435,029. The project was, therefore, $48,867.42 (12%) over budget estimate. Using the estimated cost of $435,029, the resulting per property connection fee (discounting the District's normal 10% contribution) is $14,460 per lot or $1,535 per year over 15 years at 7%, if financed. The property owners are alsorequired to pay a $1,476 (equivalent to development cost charge) fee before they connect to the water system.
Recommendation:
We would recommend that the additional $48,867.42 cost be paid for by the South End Water System.
JPM/gb
ipmjan14_09rgb Herd-Norcross-Westcott Watermain Extension final cost.wpd 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Page 19 of 88 Page 20 of 88 Award of Logging Contract
MUNICIPALITY of /VO/T/7 Report cowichan
Date January 15, 2009 File 8850-01
To Mayor and Council
From Darrell Frank, RPF, Municipal Forester Endorsed by
Subject Logging Contract - Millstone Contracting - Block R-181
Purpose The Forestry Department would request that the following contract be included in the January 21, 2009, Council meeting for a resolution to enter into an agreement with Millstone Contracting Ltd.
Recommendation "that Council authorize the Mayor and Director of Administration to sign an agreement with Millstone Contracting Ltd. to harvest an estimated 1,500 cubic metres of conifer and hardwood logs from Block R-181, located on Mt Richards, at a cost of$31.00/ma, effective January 19, 2009, to April 30, 2009."
Analysis The site is located on Mount Richards, and is approximately 8.5 hectares in size, comprised of second growth conifer and hardwoods. Access is via Richards Mainline and Skertchlys Road. The area will be logged using a hoe-forwarding method.
Darrell Frank, RPF Municipal Forester
G:\Forest\Sec\Darreil Frank\djfjan 15_09rrp_M&C__R-181. wpd 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Page 21 of 88 Page 22 of 88 Donation - Firewood
MUNICIPALITY of /VO/t/7 Report cowichan
Date January 15, 2009 File 8850-90
To Mayor and Council
From Darrell Frank, RPF, Municipal Forester Endorsed by
Subject Firewood
Purpose
The Forestry Department wishes to issuea second firewood contract to Cowichan Valley Alternative School for the removal of decked firewood from the Municipal Forest Reserve. The estimated six cords of wood is located behind a locked gate on Maple Mountain. The cleanup of these areas will lessen the fire hazard in these areas, while assisting students in their training through this alternative school. The wood cutting is done as part of the training/education of the students. The firewood is sold to finance other parts of the program. The wood will be made available to the group at $10.00/cord, with the students coveredby WCB and their liability insurance. The chainsaw cutting would be done by their staff, and would takeplace when there is no fire hazard.
Recommendation
"that Council authorize the Mayor and Directorof Administration to sign an agreement with Cowichan Valley Alternative School to remove firewood fromMaple Mountain for an estimated six cords of firewood, effective January 19, 2009, to April 30, 2009."
Darrell Frank, RPF Municipal Forester
DJF/rp
G:\Forest\Sec\DarreltFrankWjfjan15_09rrp M&C_FirewoodCVAS.wpd 7030 Trans Canada Highway, Box 278 North Cowichan, BC, V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Page 23 of 88 Page 24 of 88 Chemainus Business Improvement Association
MUNICIPALITY of /VOAT/7 Report cowichan
Date January 15, 2009 File: 0360-20 BIACH
To Council
From Mary Beth MacKenzie, Deputy Clerk Endorsed by
Subject Chemainus Business Improvement Area
Purpose
The purpose of this report is to provide information on the requirement for the Chemainus Business Improvement Area (BIA) to submit annual financial statements.
Background
Chemainus Business Improvement Area Bylaw 2004, No. 3202 (attached), designates the area in which Chemainus businesses and property owners can finance effective marketing, promotional and revitalization programs for the area through a business promotion scheme for a five-year period (2005 to 2009 incl.).
Discussion
To allow the Chemainus Business Improvement Association to carry out its business promotion scheme, Council annually grants the Association money, but this money is recovered from the owners of properties with both land and improvements that have either Class 5 or 6 improvements within the BIA. Section 11 of the bylaw requires the Association to account for the money granted and approved by Council in each of the years by submitting an annual financial statement by April 1 of the following year. Attached are the Association's unaudited financial statements to August 31, 2008.
Chemainus Business Improvement Area Bylaw 2004, No. 3202, ceases to have effect after March 31, 2009, but efforts are underway to establish a new BIA.
Recommendation
that Council receive and file the Chemainus Business Imrprovement Area Program's unaudited financial statements for the year ending August 31, 2008, as required under Section 11 of Chemainus Business Improvement Area Bylaw 2004, No. 3202.
mbmjan15 09r Chemainus BIA.wpd 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Page 25 of 88 Chemainus Business Improvement Association
t'Vi " y ^ '
Bylaw No. 3203
Chemainus Business Improvement Area bylaw 2004
Adopted on May 12,2004
The Council of the District of North Cowichan, in open meeting assembled, enacts asfollows:
1 This bylaw may be cited as "Chemainus Business Improvement Area Bylaw 2004".
2 In this bylaw, unless the context otherwise requires the words below have the following meanings:
"Applicant* means the Chemainus Business Improvement Association;
"Business Improvement Area" means the local service area of the Municipality designated in section 3 of this bylaw;
"Business Promotion Scheme" means
(a) carrying out studies or making reports respecting one or more areas in the Municipality where business or commerce is carried on,
(b) improving, beautifying or maintaining streets, sidewalks or municipally owned land, buildings or structures in one or more business improvement areas, and
(c) encouraging business in one or more business improvement areas.
3 For the purposes of this bylaw, the Business Improvement Area to which this bylaw applies is comprised of those tracts of land within the areas designated as Sub-Areas 1,2, and 3 on Schedule "A".
4 Council is empowered to grant to the Applicant a sum of money not exceeding $ 100,000.00 annually on or before August 1,2004, 2005, 2006, 2007 and 2008.
5 The money granted under S ection 215 ofthe Commun ity Charter pursuant to this bylaw must be expended only
(a) by the Applicant,
(b) in accordance with the conditions and limitations set out in this bylaw, and
(c) for the Business Promotion Scheme set out in Schedule "B".
6 All of the money granted to the Applicant pursuant to this bylaw must be recovered within the Business Improvement Area from the owners of land within that area.
This bylaw is printed by authority of the council of The Coiporation of the District of North Cowichan.
Page 26 of 88 Chemainus Business Improvement Association
7 For the purpose of recovering the monies granted to the Applicant under this bylaw, the Council must impose an annual assessment based local service tax on all properties within the Business Improvement Area, as set out in Schedule "C,'\
8 The Applicant must submit, annually on or before March 1sl, a budget for the purpose of the business promotion scheme set out in Schedule "B".
9 Money granted pursuant to this bylaw must be expended only for projects provided in the annual budget submitted by the Applicant and approved by Council.
10 No payments may be made by the Applicant unless the payments are within the amounts set out in the budget approved by Council.
11 The Applicant must account for the money granted and approved by Council for the previous year by submitting to the Municipality on or before April 1sl, in each of the years 2005,2006, 2007, 2008 and 2009, an annual financial statement prepared in accordance with generally accepted accounting principles which must include a balance sheet and statement of revenue and expenditure.
12 The Applicant must not incur any indebtedness or other obligations beyond each budget year.
13 The Applicant must provide to the Municipality copies of insurance policies insuring the Applicant in accordance with the specifications set out in Schedule"D", which insurance must be maintained by the Applicant.
14 Schedules "A" through "D" form part of this bylaw.
15 This bylaw must cease to have effect on the 1sl day of April, 2009.
Bylaw readings
First Reading May 5, 2004 Second Reading May 5, 2004 Third Reading May 5, 2004 Adoption May 12, 2004
M. O. Ruttan, Municipal Clerk/ J. W. Lefebure, Mayor Deputy Administrator
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Page 27 of 88 Chemainus Business Improvement Association
Schedule "A" CHEMAINUS BIA 2004-2008
SUB AREA 1 SUE AREA 2 SUB AREA 3 (WILLOW) (OLD TOWN) (GATEWAY)
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Page 28 of 88 Chemainus Business Improvement Association
SCHEDULE"B"
Business Promotion Scheme
1 Advertising and Promotion 2 Beautification of streets, sidewalks or municipally owned land, buildings or structures in the Business Improvement Area 3 Special Events 4 Related Administration
Page 29 of 88 Chemainus Business Improvement Association
SCHEDULE"C"
Chemainus Business Improvement Area
Annual Charges
For theyears 2004 - 2008, the owners of properties liable to be specially charged will be charged rates per thousand dollars of assessed value as follows:
Sub-Area Ratio Charged on Assessed Value
1 $4.25
2 3.50
3 2.50
Note: The levy will be based on assessed values of land and improvements, classified by the B.C. Assessment Authority as either Class 5 (Light Industry) or Class 6 (Business and Other). The levy will only be applied to properties withboth land and improvements that have either Class 5 or 6 improvements.
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Page 30 of 88 Chemainus Business Improvement Association
SCHEDULE"D"
Insurance Specifications
The Applicant must provide and maintain Comprehensive General Liability Insurance acceptable to the Municipality, and subject to limits of not less than TWO MILLION DOLLARS ($2,000,000.00) inclusive per occurrence for bodily injury, death, and damage to property including loss ofuse thereof. The insurance must cover anyone employed directly or indirectly by the Applicant, as well as any contractor or subcontractor hired by the Applicant. The Municipality must be included as an additional named insured under the Comprehensive General Liability. The Applicant must provide the Municipality with a copy of its Comprehensive General Liability insurance policy prior to the Municipality providing funding under Section 4 of this Bylaw. The Applicant's Comprehensive General Liability policy must contain an endorsement to provide the District with 30 days written notice of change or cancellation of the policy
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Page 31 of 88 Chemainus Business Improvement Association
CHEMAINUS BUSINESS IMPROVEMENT AREA PROGRAM
STATEMENT OF FINANCIAL POSITION
AUGUST 31,2008
(Unaudited)
2008 2007 ASSETS CURRENT Cash and cash equivalents (Note 2) $ 114,690 $ 83,613 Accounts receivable 4,803 6,050
$ 119,493 $ 89.663
LIABILITIES CURRENT Accounts payable and accruals $ 10,616 $ 4,112 Deferred revenue (Note 3) 40.920 27.730
51.536 31.842
SURPLUS
SURPLUS (Note 4) 67,957 57,821
$ 119,493 $ 89.663
APPROVED BY THE BOARD
Chairman
Director
Page 32 of 88 Chemainus Business Improvement Association
CHEMAINUS BUSINESS IMPROVEMENT AREA PROGRAM
STATEMENT OF OPERATIONS AND SURPLUS
FOR THE YEAR ENDED AUGUST 31, 2008
(Unaudited)
2008 2007
REVENUE Municipal Grants (Note 5) $ 100,492 $ 91,955 Interest 2,872 2,177 Brochure advertising 2.100 18.125
105.464 112.257 EXPENDITURES, ADMINISTRATIVE AND GENERAL Advertising 29,660 16,714 Beautification materials 25,623 24,226 Signage 17,791 33,477 Brochures and distribution 17,000 32,400 Special events 4,041 5,491 Accounting and legal 1,025 1,030 Administration 123 Bank charges and interest 65 28 Office, postage and telephone 158
95.328 113.524
EXCESS OF EXPENDITURES OVER REVENUE FOR THE YEAR 10,136 (1,267)
SURPLUS, at beginning of the year 57.821 59.088
SURPLUS, at end of the year $ 67.957 $ 57.821
Page 33 of 88 Chemainus Business Improvement Association
CHEMAINUS BUSINESS IMPROVEMENT AREA PROGRAM
STATEMENT OFCASH FLOWS
FOR THE YEAR ENDED AUGUST 31, 2008
(Unaudited)
2008 2007
OPERATING ACTIVITIES Net Expenditures and Revenue for the year $ 10,136 $ (1,267)
Cash provided from net changes in non cash working capital items 20.941 17
Cash provided from (applied to) operating activities 31,077 O.250)
INCREASE (DECREASE) IN CASH DURING THE YEAR 31,077 (1,250)
CASH AND CASH EQUIVALENTS, at beginning of the year 83.613 84.863
CASH AND CASH EQUIVALENTS, at end of the year (Note 2) $ 114.690 $ 83.613
Net changes in non-cash working capital items consist of: Accounts receivable $ 1,247 (4,012) Prepaid expenses 7,823 Accounts payable and accruals 6,504 (5,029) Deferred revenue 13.190 1.235
$ 20.941 17
Page 34 of 88 Chemainus Business Improvement Association
CHEMAINUS BUSINESS IMPROVEMENT AREA PROGRAM
NOTES TO THE FINANCIAL STATEMENTS
FORTHE YEAR ENDED AUGUST 31, 2008
(Unaudited)
1. PURPOSE OF THE ORGANIZATION
Chemainus Business Improvement AreaProgram is to conduct a business promotion scheme for downtown Chemainus through advertisement and promotion, beautification, special events and administration. The Chemainus Business Improvement Area Program was created by The Corporation of the District of North Cowichan by special by-law on May 12, 2004. This by-law is for a 5 year term.
2. CASH AND EQUIVALENTS
Cash and equivalents consist of the following: 2008 2007
Current accounts $ 77,593 $ 7,986 GIC 36,957 60,000 Credit Union shares 140 627 Term deposits 15.000
$ 114.690 $ 83.613
3. DEFERRED REVENUE
Deferred revenue is comprisedof the following: 2008 2007
Beginning balance, related to operating fund $ 31,381 $ 26,495 Less amount recognized as revenue in the year (31,381) (26,495) Add amount received relatedto the following year 40.920 27.730
Ending Balance $ 40,920 $ 27.730
4. SURPLUS
The accumulated surplus at the end of the year will be carried forward into the next budgetary period. The surplus is unrestricted.
5. MUNICIPAL GRANTS
The program is funded by a municipal tax levy which is receivable each July. The tax levy is later disbursed to the program.
Page 35 of 88 Page 36 of 88 Georgia Strait Alliance (Fish Farms)
O / Georgia Strait Alliance
Caring for our Coastal Waters www.GeorgiaStrait.org
December 16,2008
Mayor and Council District of North Cowichan PO Box 278 Duncan, BC V9L 3X4
Dear Mayor and Council: j
Re: Request for Support of Province of BC funding for research into closed containment salmon aquaculture technology
As you may be aware, the Select Standing Committee on Finance and Government Services, in the 2009 Budget Consultation Process, recommended that the Province of BC fund closed containment fish farming technology research. Their recommendation was based on input from industry players and the environmental community who presented a joint submission that proposed an Aquaculture Innovation Fund.
We hope that your community will support the call for provincial funding for research into closed containment technology. Please add your voice to those of the Strathcoha Regional District, Village of Sayward, Village of Alert Bay, Tofino- Long Beach Chamber of Commerce, and numerous individuals and businesses in requesting that the provincial government fund closed containment research.
Time is of the essence, and we hope you will communicate your support for closed containment research funding to the Province of BC very soon. We have enclosed several documents to aid you in this process. Please keep us informed on your participation.
Thank you for your consideration.
Sincerely,
Michelle Young Salmon Aquaculture Campaigner
/end. MAIN OFFICE membership-correspondence
195 Commercial St. Suite 607—207 W. Hastings St. Nanaimo, BC V9R 5G5 Vancouver, BCV6B1H7 Ph: (250) 753-3459 Fax: (250) 753-2567 Ph: (604) 633-0530 [email protected]
Page 37 of 88 Page 38 of 88 of 38 Page
ssess
People throughout the world love to eat seafood. And no wonder. Fish and o| seafood arc tasty and nutritious. They arc a healthy source of protein, vita mins, and essential omega-3 fatty acids. As theglobal demand For seafood increases acid ecological constraints put limits on wild fish supplies, aquaiulu becomine animportant means of satisfying thai demand. ee decades, aquaculture worldwide has grown by abo provides about one third (40 million megatons) 0
• itintn Georgia Strait Alliance (Fish Farms) (Fish Alliance Strait Georgia Georgia Strait Alliance (Fish Farms)
But not all aquaculture is equally beneficial. In particular, open ban centres to sea-based tanks. Systems may depend on municipal net-cage farms producing fish such as salmon have serious nega water, groundwater, lakes, rivers, or theocean. Thisrange and di tive impacts. At their worst, they cause devastating damage to the versity of existing and emerging technologies is a promising sign marine environment, threatening wild salmon runs, shellfish beds, that closed systems can be successfully adapted to meet specific geo marine mammals, and many other species living in the area. Even graphic conditions and respond tosocial conditions such as consum so, salmon farming has become an important part of many coastal er demand, policy, and legislation. economies. Our goal is to achieve both financially viable aquaculture and healthy local ecosystems. Closedsystem Closed system aquaculture (CSA} is already providing better ways to farm fish. This involves barrier technologies that ensure no contact between wild and farmed fish, thus eliminating the most aquaculture is already negative impacts offish farming and significantly reducing others, kiound the world, CSA is producing fish and profits without degrad providing better ways to ingthe rich abundance of oceans, lakes, and streams. An examination of existing CSA reveals a large andcomplex range of technologies with varying methods of treatment for both farm fish incoming and effluent waters. All involve a physical barrier between the fish and the natural environment. These range from pond and . In the Netherlands, for example, environmental and social ditch systems, which are the earliest form of closed system aquacul concerns have led to policy and legislation requiring ioo per cent of ture, to impermeable barrier systems, such as raceways and tanks. aquaculture to he CSA, using recirculated water. Some governments, CSA systems include those using a one-time flow-through ofwater such as those in the European Union, have implemented subsidies with varying degrees of input and output water-treatment methods and tax reforms to encourage development and adoption of these and fully recirculating systems where water is largely reused. new technologies. Geographically, CSA is found everywhere from land-locked ur
Closed system aquaculture comes in many configurations. See below for examples of the most typical forms.
Recirculating tanks Flow-through systems
Recirculating tanks are often located where land and water is limited. Flow-through systems allow water to enter and exit through the tanks When a system reuses 60 to 70 per cent of treated effluent water, it or holding areas. Incoming water is almost always treated for bacte is considered to be a recirculating aquaculture system (RAS). Some ria, parasites, and disease, and outgoing water is treated to varying systems recirculate more than 95 per cent of their water. extents. Solid wastes are frequently collected and treated, possibly composted. Flow-through tanks aresimilarto recirculating tanks. Tanks come in a variety of forms. Circular tanks are often used be These,however, are more commonly found where reliable water cause of their self-cleaning properties. Polygon shapes, however, are sources are available. They are made from a range of materials, in more space efficient. These systems areoften modular and scalable, circular as well as square shapes.Hard-walled systems are generally whfch allows producers to add greater capacity at their own pace made from reinforced plastic, fibreglass, concrete, or aluminium, and without having to interrupt operations. can be land-based or float in lakes or the ocean. Soft-walled are made from plastic.
Page 39 of 88 Georgia Strait Alliance (Fish Farms)
Raceways Inland ponds
Raceways {recirculating or flow-through) are long structures, some Inland ponds and channels are considered to be closed systems be times hundreds of metres. Water flows through them, staying in any cause, even though they contact the soil and ground, the fish are free one spot only a short time. They are characterized by a low water from traditional predators and cannot escape to mix with wild spe volume-to-container surface area. This is appropriate for certain spe cies, and any diseases generated in the enclosures can be contained. cies, such as trout, which thrive in a simulated stream flow, and flat These systems can be lined with membranes or mud, but this is gen fish, such as flounder or sole, which need large surface areas. Mod erally not the case. Ponds are similar to tanks but are dug into the ern raceway systems are made from a variety of materials - concrete, ground, and channels are similar to raceways but in the ground. plastic, or steel - and can be outdoor or indoor, partially or fully recirculating, or gravity fed by a stream. Recirculating raceways are operated as land-based systems. These can be on a single level or stacked to increase production per unit of floor area.
Page 40 of 88 Georgia Strait Alliance (Fish Farms)
New Economic Opportunities Economic Successes
Despite some challenges around initial higher investments, CSA Producers offish and developers of CSA technology are creating com offers tremendous economic opportunity. A survey of existing mercial operations in countries as varied as Iceland, Morocco, the and emerging technologies indicates that this sector has a vibrant Netherlands, and China, in rural areas and in semi-urban zones, research-and-development component. The increasing global demand for using ocean water, groundwater, and even municipal water supplies. An seafood products coupled with increasing concern over aqua culture's im increasing variety and number of finfish are being raised fully to harvest pact on natural ecologies {manifest as tightening regulation and consumer size. The most common species being harvested are Nile tilapia, trout, Arc trends) is encouraging companies to invest in research and development tic char, Atlantic halibut, turbot, barramundi, several varieties of Australian of closed system technologies, Some proponents.of closed containment perch, sea bream, and sea bass. systems maintain that the short-term capital investment required will be There are almost as many different systems as there are operations, offset by gains associated with being able to control losses suffered in open each operation being tailored to specific needs. What all CSA systems share net pen production systems due to predation, escapement, changing ocean is their ability to separate the fish from the natural environment, control conditions, diseases, and other challenges. their inputs to reduce disease, optimize growth and minimize mortality, and control their outputs to limit external impacts on the environment.
Environmental and health concerns are increasingly driving consumer demands aswell as prompting tighter regulatory conditions for food production in general. While this has been sufficient to move the industry rapidly in Europe, additional measures may be neces sary to increase the pace of CSA in North America. The Open Ocean Aquaculture Bill in the U.S. is proposing added costs for open net-pen production. In B.C., the Special Committee on Sustainable Aquaculture lias called for a complete transition to dosed containment aqua culture, and globally the World Bank has recommended that environmental costs be borne by the industry. Combined socio-environ mental concerns, increasing efficiencies of production, and regulatory changes make CSA an increasingly interesting option for fiiture fish produc tion. Beyond being a way to supply food for people around the world, aquaculture also offers many economic opportunities, particularly the development of environmentally sound tech nologies. CSA has the potential to offer greater economic benefits to coastal communities than open net aquaculture, and new technology development has the potential to create new jobs, particularly if the systems can be exported to other producing nations.
Coastal Alliance for Aquaculture Reform David Suzuki Foundation
Page 41 of 88 Georgia Strait Alliance (Fish Farms)
Excerpt from:
The Legislative Assembly of BC Report on the Budget 2009 Consultations
Select Standing Committee on Finance and Government Services Second Report, November 2008 Page 22
Aquaculture
The Finance Committee heard concernsabout the impact of open-net-pen fish farms on the marine environment. Others, though, proposed that fish farming could be a viable and sustainable industry. For example, an interesting joint proposal was submitted by Marine Harvest Canada and the Coastal Alliance for Aquaculture Reform, a coalition of seven environmental groups representing the David Suzuki Foundation, Friends of Clayoquot Sound, Georgia Strait Alliance, Living Oceans Society, Raincoast Conservation Society T. Buck Suzuki Environmental Foundation and the Watershed Watch Salmon Society. They requested funding for ocean-based closed-containment pilot projects, which could generate an innovative, 'made-in-B.C solution to developing a sustainable industry in the province. Here is a sample of views on this type of proposal:
"The Coastal Alliance for Aquaculture Reform and Marine Harvest Canada recommend that the provincial government make a substantial investment in a new, closed-system aquaculture innovation pilot program to ensure that a fund is created to allow for development assistance for three commercial-scale pilot projects. Such a program should be set up in 2009 with funds becoming available for pilot projects by the end of thatyear. We estimate the cost to be $14 million; $10 million ofpublic funding and $4 million from private sources." (David Lane, Coastal Alliance for Aquaculture Reform; Clare Backman, Marine Harvest Canada, Campbell River, WS286)
"The majority ofB.C. salmon farms are operated by companies with head offices outside of Canada. The global aquaculture industry suffers from many of the same issues wherever it operates. It would be nice if the solution, developing closed-system technologies, came from this province." (Rob Walker, Middle Bay Sustainable Aquaculture Institute, Courtenay hearing)
"Invest in restoring the health of wild salmon stocks by moving to closed-containment fishfarms. (Darcy Mann, Victoria, Survey864)
Committee Decision
The Finance Committee supports additional investment in aquaculture projects that offer the potential of developing a made-in B.C. solution to the challenges facing the global industry. We urge the government to consider becoming a funding partner with the federal government and private industry in pilot projects for developing ocean-based closed-containment fish farming technology.
Page 42 of 88 Georgia Strait Alliance (Fish Farms)
Honourable Gordon Campbell SAMPLE LETTER Premier of BC Room 156 Parliament Buildings Victoria BC V8V 1X4
Dear Premier Campbell,
We strongly recommend the recent announcement that you take the advice of your finance committee to invest in developing closed containment fish farming technology in order to protect the wild salmon of British Columbia from the impacts of open net pen salmon aquaculture. Wild salmon are enormously important to the ecosystem, economy, and culture of BC. Research published in the top journal Science shows that sea lice from salmon farms are driving some wild pink salmon runs to extinction. As we know that pink salmon provide food for other species of salmon, this puts all wild salmon at risk. Action must be taken to protect all of BCs wild saJmon forthe long term. The latest scientific research published in the North American Journal of Fisheries Management indicates that juvenile Fraser River Salmon are being infested by sea lice from open net pen salmon farms as they pass between Vancouver Island and mainland BC on their way to the ocean. Exhaustive studies in the Broughton Archipelago point to the likelihood that these infestations will prove fatal. The only way to avoid this and still maintain a vital aquaculture industry in BC is to separate commercially farmed fish from the natural environment by moving the farms into closed containment, thus limiting negative environmental impacts, especially the transmission of diseases and parasites between farmedand wild salmon. We support the allocation of funds by the provincial government toward the establishment of a closed system aquaculture innovation pilot program, sufficient to support more than one commercial scale project, and that the provincial government initiate work on a comprehensive strategy for a full scale transition of the industry to closed system aquaculture. Over the long term, closed system salmon aquaculture is the only solution to continuing the salmon farming industry without sacrificing our wild salmon. Itis urgent that you act on this issue immediately, as the danger to the wild salmon has reached crisis proportions. The Science paper—supported by an international academic community—leaves no doubt that open net-cage salmon farming is devastating wild salmon populations, putting coastal ecosystems and communities at risk. Your government can prevent the tragic loss of BCs wild salmon. Invest in a commerciaJ scale closed containment fund to jump start a coast wide transition to more sustainable salmon farming practices. There is no time to waste. Farmed fish must be separated from wild stocks in order to protect the wild populations.
Yours sincerely,
CC: Honourable Stan Hagen, Provincial Minister of Agriculture and Lands Honourable Gail Shea, Federal Minister of Fisheries and Oceans Michelle Young; Georgia Strait Alliance
Page 43 of 88 Page 44 of 88 UBCM (Trust Fund)
|JAN. 5.20Q9|1Q:02PM, JJBCM. , ,,__ _. _,,... NO. 1564:^P;i 1/11
J A Nti A ifY" 57 200 9
Trust Fund Established for Sparwood Avalanche Victims
Dear Colleagues: "In Trust - Sparwood Avalanche Victims"
Many of you will be aware of the recent deaths Donations may be made into accounts listed of eight snowmobilers near the District of below at the local branches of the following Sparwood. The 2000 people who attended the banks: memorial service yesterday are an indication Royal Bank of Canada (RBC) of how significant the loss of these lives is to Transit: 5080 the community and to our province. Branch: 003 Account: 5077425 ; I I have written on behalf of the communities Canadian Imperial Bank of Commerce represented by UBCM to Mayor Wilks, (CIBC) j expressing our deepest sorrow for the loss Transit: 03070 of life suffered by Sparwood and wishing Branch: 010 strength to the Council and other leaders in Account: 7573138 the community as they support and care for the survivors. Those who wish to donate by cheque may do so by making it payable to: j Mayor Wilks responded by saying, "Thank you so much for your "In Trust - Sparwood Avalanche Victims", and thoughts and prayers at this tragic mailing to: time. The citizens of Sparwood and District of Sparwood especially thefamilies ofthe victims P.O. Box520 are very appreciative. If you are Sparwood, BC VOB 2GO able to, please extend our gratitude to all members of UBCM for their The relationship that binds us togethjer as concern/' local governments in BC takes many forms, including support in times of need. I thank You can make a tangible response to this you in advance for your attention to our fellow tragedy by tabling this letter at your Council community of Sparwood as it responds to this or Board and publicizing to your citizens great loss. ^ . , the following information on the trust funds established to help the families of those who Yours sincerely,, died. O
Robert Hobsorv President
Page 45 of 88 Page 46 of 88 UBCM (Home Inspection)
JAN. 9. 2009 53 AM UBCM HO. 1583 P, 1/3
Union or British Columbia MEMBER NOTICE
TO: Mayor and Council Chair and Regional District Board
FROM: UBCM Secretariat
DATE; January 9, 2009
RE: REGULATION OF HOME AND PROPERTY INSPECTION
Attached is a copy of a letter from Solicitor General John Van Dongen that was forwarded to the UBCM outlining that the province is looking at proposed regulations for home inspectors.
UBCM has been made aware of information that you may have received from an organization related to the regulation of property and home inspections. We have not been approached by this organization regarding this recent issue or had any discussions with them.
UBCM policy on the regulation of home and property inspection, based on a resolution (B55) adopted at the 2005 UBCM Convention, is that "the Province be urged to join with other provinces in investigating the regulation of qualified 'home inspectors' and to implement those regulations as soon aspossible,"
Page 47 of 88 UBCM (Home Inspection)
BRITISH Columbia
December 19,2008
Mr. Robert Hobson President Union of British Columbia Municipalities 60 - 10551 Shellbridge Way Richmond BC V6X2W9
Dear Mr. Hobson:
It has come to my attention that Mr. Owen Dickie, President of the Canadian Association of Home & Property Inspectors (BC), has written to all mayors and members of councils regarding his concerns with proposed regulations for home inspectors. I am writing to provide you with factual information on our proposed regulatory requirements.
The Province is committed to strengthening consumer protection for those who use home inspection services. Over the past few years, a great deal of consultation and research about the home inspection industry has been completed.
In our proposed model, home inspector licensing will be administered by the Business Practices and Consumer Protection Authority, an independent agency delegated responsibility for administering consumer protection legislation in the province. Every effort will be made to keep licence fees andadded paperwork to a minimum.
British Columbia will not be authorizing low standards for home inspectors. We will.be relying on professional home inspector associations to set and maintain high standards of qualifications for its members. We will want to see a level of training and supervised experience that gives reasonable assurance to consumers that the home inspector they hire is qualified to do the job.
With regard to regulating payday lenders, government is not allowing self-governance in this industry. Legislation on payday lenders was approved in the Legislature in 2007, and we are presently developing regulations which will require licensing of payday lenders. Licensing will be administered by the Business Practices and Consumer Protection Authority.
...12
Ministry of Office of the Mailing Address: PublicSafety Minister PO Box 9053 Stn Prov Govt and Solicitor General Victoria BC V8W 9E2
Page 48 of 88 UBCM (Home Inspection)
Mr. Robert Hobson Page 2
I would appreciate it if you would share this information with your members. I hope to be in a position to provide greater details of the regulatory framework for home inspectors in the new
year.
If you or your members have questions, please contact Mr. Toby Louie, Executive Director, Corporate Policy and Planning Office, Ministry of Public Safety and Solicitor General at 250 356-6389.
Yours sincerely,
&&n*L John van Dongen Solicitor General pc: Mr. Toby Louie Page 49 of 88 Page 50 of 88 Cowichan Lodge Social Justice andOutreach Team Concerned Citizens for Cowichan Lodge Duncan United Church 6636 Pemberlea Road 246 Ingram Street Duncan, BC V9L 5S2 Duncan, BC V9L 1P4 January 12,2009 JAW UK Mayor Michael Walker and Council Municipality of North Cowichan PO Box 278 Duncan, BC V9L 3X4 Dear Mayor Walker and Council On behalf of the Social Justice andOutreach Team at Duncan United Church and the Concerned Citizens for Cowichan Lodge, we are inviting you and/or your representative(s) to attend a public meeting about the ongoing efforts to save Cowichan Lodge. The meeting will take place on Saturday, February 7lt\ 12:30-4:00 PM at Duncan United Church. We will be exploring the option of a health co-operative for the Lodge. The afternoon will include a documentary by Tom Shandel, internationally recognized filmmaker, and a presentation by Carol Murray, Acting Executive Director for the BC Co-operative Association. Information about the event is enclosed. For further information please contact Joanna Neilson at 250-748-9488 or Ronnie Phipps at 250-746-1797. We forward to your attendance and participation inthis important event. Sincerely yours 1 / C Ronnie Phipps .oanna Neilson Social Justice and Outreach Team \Concerned Citizens for Cowichan Lodge Encl. Page 51 of 88 Cowichan Lodge WE NEED YOUR PARTICIPATION A public meeting about Cowichan Lodge: Looking to the Future Saturday, February 7th, 12:30-4:00 pm Duncan United Church in Heritage Hall 246 Ingram Street, Duncan Social Coops and Social Care A documentary film about health co-operatives by Tom Shandel, Producer CIVILIZING THE ECONOMY is a series of videos on the unique success of the cooperative economy in the province of Emilia Romagna in northern Italy and here in North America. Part Two, SOCIAL COOPS & SOCIAL CARE explores the role of coops in the delivery of socialservices, how they empower communities while offering an alternative to the privatization of social services on the one hand, and state-delivery on the other. The Co-op Alternative in Health Care A presentation by Carol Murray, Acting ED, BC Co-cooperative Association Carol will outline the basics of the co-op model, then explore options for the application of the model to health/elder care. Topics will include different types of health care co-ops, their pros & cons, some of the challenges in developing a health care co-op and the benefits of the co op model for members and the community at large. Page 52 of 88 Wendy Ewing (Catalyst) Dear Mayor Walker and Members of Council: I am a resident and property owner in North Cowichan. I am dismayed and angered at Catalyst Paper's bullying techniques targetting both North Cowichan Council and staff and the property owners of North Cowichan. I do not believe any responsible tax payer of North Cowichan has the right to decide their own rate of tax. My attitude is pay the tax bill you are legally required to pay, whether you utilize municipal services or not. Catalyst Paper has had problems for many years. I do not believe catering to Catalyst's demands is going to put this company in a better competitive position. Like all of us, Catalyst Paper is at the mercy of world forces far bigger than any of us. Please do not allow Catalyst to derail your plans for responsible, transparent, and accountable government. I, for one, do not want to see my taxes increased by $475 (figure from the paper) to support a troubled company. Harsh as it sounds, if Catalyst Paper fails, we, as citizens of North Cowichan, will both survive and THRIVE. Our climate and topogoraphy lends itself to all types of profitable business such as agriculture, tourism, and aquaculture. Thank you for your consideration of my concerns. Wendy Ewing (250) 748-2779 Page 53 of 88 Page 54 of 88 Minutes - Jan 12 MUNICIPALITY of North COWICHAN Minutes Meeting Administration & Finance Committee File 0550-20 AFC Date Monday, January 12, 2009 Time 11:00 a.m. Place Municipal Hall, Large Committee Room Members Present Mayor T. Walker, Chair; Councillors D. Haywood and G. Seymour (comprising a quorum). Also Present Councillors A. Siebring, G. Elliott and J. Koury Staff Present J. Dias, C.A.O.; M. Frame, Director of Finance; J. MacKay, Director of Engineering and Operations; E. Mansueti, Director of Parks and Recreation; M. Ruttan, Director of Administration. Agenda The Committee approved the agenda as amended. Minutes The Committee adopted the minutes of the meeting held November 3, 2008. Business: Cowichan Recommended Resolution: that Council donate an E.J. Hughes framed print Therapeutic Riding to the Cowichan Therapeutic Riding Association for its 2009 Dinner Auction. Association - (File: 1850-20.09) Donation Request Rotary Club of Recommended Resolution: that Council donate an E.J. Hughes framed print Duncan - Donation to the Rotary Club of Duncan for its Annual Gala Dinner and Charity Auction. Request (File: 1850-20.09) Cowichan Music Recommended Resolution: that Council authorize a grant of $200.00 to the Festival – Donation Cowichan Music Festival for its 2009 Cowichan Music Festival. (File: 1770-01) Request Assessment A November 12, 2008 letter from BC Assessment regarding the 2009 property Freeze assessment freeze, was received for information. (File: 1950-01) Warrant Reports – Recommendation: that the cheque registers for October and November, October & 2008, be received and filed. (File: Vault) November, 2008 Property Tax The Director of Finance presented a number of slides analyzing the 2008 Review property tax levy for major industry and residential: • The 2008 assessment roll was 89.5% residential, compared to 3.7% for major industry. Page 1 of 3 Page 55 of 88 Minutes - Jan 12 January 12, 2009 Administration and Finance Committee Minutes • 2008 residential taxes were 40% of the total, compared to major industry which was 44% of the total. • The levy-assessment quotient for major industry has increased from 8.08 in 1999 to 11.85 in 2008. The levy-assessment quotient for residential has increased from .32 in 1999 to .45 in 2008. This indicates that major industry taxes have not decreased in proportion to the decrease in major industry’s percentage of total assessment. • North Cowichan has the 5 th highest major industry tax levy of comparable municipalities in the Province. • Major Industry taxes and tax rates for the four Catalyst communities were compared. • North Cowichan has the 8 th lowest municipal taxes per capita of comparable municipalities in the province, indicating low total budgets. • North Cowichan has the 3 rd lowest residential municipal taxes per capita of comparable municipalities in the Province. • It was noted that every ten percent decrease in major industry property taxes would require an increase of between $46 and $66 on an average single family residence. (File: 1970-45 MAJ) Catalyst Property A January 6, 2009 letter from Catalyst Paper to the Honorable Minister Blair Tax Lekstrom, Minister of Community Development, was reviewed. The key points from the letter were: • Catalyst is not in a position to borrow to pay property taxes at traditional levels. • Catalyst will only pay $1.5 million per community for municipal property taxes on July 1, 2009, based on an estimate of municipal services Catalyst consumes. • Shareholders of Catalyst have lost 90% of their investment over the past few years. • Should Catalyst not receive a tax reduction, a likely alternative is the permanent closure of an entire facility, with associated permanent job loss. • The Municipality will be $5 million short in taxes and will face a serious financial problem. • Catalyst is requesting the Province bridge municipalities to ease the suddenness of the large tax increase that will fall upon residential taxpayers, allowing tax payers to absorb $100 per year. • Catalyst would like the Province to implement a consumptive tax model as part of industrial property tax reform in the province. There was considerable discussion about the Catalyst letter. It was the consensus of the committee that the budget direction given to staff in the fall of 2008 be reaffirmed (2% general increase and 3.75% for wages). It was the consensus of the committee that it did not support the “Consumptive Tax Model”, and that the Mayor should arrange a meeting with Minister Lekstrom, to discuss the consequences of Catalyst not paying its 2009 property taxes. (File: 1970-45 MAJ) Page 2 of 3 Page 56 of 88 Minutes - Jan 12 Administration and Finance Committee Minutes January 12, 2009 Adjournment The meeting ended at 1:30 p.m. Next Meeting The next meeting will be held January 26, 2009. Certified correct Signature of recording secretary Chair or presiding member Page 3 of 3 Page 57 of 88 Page 58 of 88 Minutes - Jan 12 MUNICIPALITY of A/O/T/7 Minutes COWICHAN Meeting Agricultural Advisory Committee Date January 12, 2009 Time 8:30a.m. Place Large Committee Room Members Present Councillor George Seymour, (Acting) Chair; David Groves, David Wiebe and Blaine Hardie Members Absent Councillor Ruth Hartmann, Robert Davison, Ian Woike, Julie Keenan, Chris Groenendyk and Roger Dosman Staff Present Chris Hall, Director of Planning; Beverly Suderman, Planning Assistant Also Present Wayne Haddow, Ministry of Agriculture Call to Order Quorum Councillor Seymour called the meeting to order at 8:30 a.m. Councillor Seymour noted that a quorum was not present and adjourned the meeting. Adjournment The meeting ended at 8:31 a.m. Next Meeting The next meeting will be held February 17, 2009. Certified correct Recording secretary Chair or presiding member Page 1 of 1 Page 59 of 88 Page 60 of 88 Minutes - Jan 14 MUNICIPALITY of North Minutes COWICHAN Meeting Public Works Committee Date Wednesday, January 14, 2009 Time 12:15 p.m. Place Large Committee Room Members Present Councillor Dave Haywood, Chair; Councillor John Koury; Mayor Tom Walker (ex-officio) (comprising a quorum) Absent With Notice Councillor Ruth Hartmann Also Present Councillor George Seymour; Councillor Al Siebring Staff Present John MacKay, Director of Engineering and Operations; Wayne Gourlay, Operations Manager; Mark Ruttan, Director of Administration Agenda The Committee approved the agenda as amended. Minutes The Committee adopted the minutes of the meeting held November 26, 2008. Delegation: Quamichan Creek Blaine Hardie, Neil Wilson, Wayne Haddow, and Ben and Jennifer Woike Beaver Dam Control attended as a delegation to discuss their concern about high Quamichan Lake levels and the impact on their farm. They have requested that the District manage the Quamichan Creek outlet, presently plugged by a beaver dam and debris, to keep it free-flowing and the lake level lower. They noted that the Quamichan Lake Watershed Stewardship Committee conducted some beaver dam maintenance in 2008, but that this was not enough. Water levels were 22" higher in the past two years and the farmers feel that the stewardship committee emphasis has been more towards water quality, which may benefit from higher lake levels. The Committee requested staff to investigate the legal requirements of beaver control on Quamichan Creek and bring a report back to the next meeting. (File 5225-01) Business: Paddle Road Sewer The Committee reviewed the Director of Engineering and Operation’s January 7, Extension 2009 report noting that the Vancouver Island Health Authority has indicated that the Paddle Road area has historically had a high rate of failed septic systems and that the cost to extend sewer to six homes on Paddle Road is about $26,000 per lot. The Committee requested that the residents of Paddle Road be provided an estimate of the costs to extend sewer and be requested to advise the District if they support this project proceeding to a formal local improvement petition. (File 5355-60 PAD) Page 1 of 4 Page 61 of 88 Minutes - Jan 14 January 14, 2009 Public Works Committee Minutes Tree Removal - The Committee reviewed the Director of Engineering and Operation’s January 6, Boys Road Water 2009 report noting that Beechwood Tree Service has recommended removal of Complex two trees and removing the branches that extend over the hydro lines at the Boys Road well complex. Recommended Resolution: that Council support removal of trees #1 and #8 and removal of tree branches that overhang hydro lines at the Boys Road water complex, as per Beechwood Tree Services’ report of January 2, 2009. (File 5280-01 TREE) Norcross Road and The Committee reviewed the Director of Engineering and Operation’s January 6, Trans Canada 2009 report and letters from the Cowichan Valley Inn dated December 9, 2008 Highway Access and January 5, 2009 concerning the reinstatement of the left turn lane northbound onto Norcross Road west. Recommended Resolution: that Council request the Ministry of Transportation to reconsider opening the Norcross Road and Trans Canada Highway left turn lane northbound onto Norcross Road west. (File 5400-20 NOR) Sherman Road and The Committee reviewed the Director of Engineering and Operation’s January 6, Trans Canada 2009 report and the December 15, 2008 letter from the Duncan Business Highway Signage Improvement Area Society concerning new city centre signage to ensure vehicles bound for the city centre do not take the wrong turn at the new Canada Avenue and Sherman Road roundabout. Recommended Resolution: that Council advise the Ministry of Transportation that it supports the Duncan Business Improvement Area Society’s proposal to install a new city centre directional sign north of Sherman Road on the Trans Canada Highway, which shows the roundabout configuration, to replace the city centre directional existing sign. (File 5460-50) Cliffs Road Parking The Committee reviewed the Director of Engineering and Operations’ January 6, 2009 report and the December 9, 2008 letter from Katie Stewart concerning installation of ‘no parking on sidewalk’ signs on Cliffs Road at Khowhemun Elementary School. Recommended Resolution: that Council request the Principal of Khowhemun Elementary School to ask the parents of children attending the school to not park on the sidewalk. (File 5400-20 CLI and 5460-50) Agricultural The Committee reviewed the Director of Engineering and Operation’s January 7, Water Use 2009 report and the request of the Cowichan Exhibition Society concerning exploring with Catalyst Paper Corporation the use of water from its Cowichan River supply for agricultural irrigation. The Committee did not support this request as it is contrary to the goals of the Cowichan Basin Water Management Plan. (File 5600-00) Sherman Road The Committee reviewed the Director of Engineering and Operation’s January 7, Crosswalk Review 2009 report as well as the November 15, 2008 letter from the Vancouver Island Sikh Cultural Society concerning the crosswalk at 3210 Sherman Road. The Page 2 of 4 Page 62 of 88 Minutes - Jan 14 Public Works Committee Minutes January 14, 2009 Committee noted that a traffic count has been undertaken and this section of Sherman Road does not qualify for traffic calming. In addition, it was noted that sight distance at this crosswalk well exceeds the District’s standard and that standard signage is in place, including no parking adjacent to the crosswalk. The Committee, therefore, did not support changes to this crosswalk at this time. Wood Stove The Committee reviewed the January 7, 2009 report from the Director of Replacement Engineering and Operations and the October 6, 2008 report from Andy Daniel Rebate Program concerning the proposed Wood Stove Replacement Rebate Program. The Budget Committee noted that the Province has approved a grant of $26,000 towards this program, which would see a rebate of $350 per stove from the District, funded by $5,000 (for a maximum of 50 stoves) from the District, and the balance from the Province’s grant. Recommended Resolution: that Council approve the expenditure of $5,000 in 2009 to fund the Wood Stove Replacement Rebate Program. (File 5280-20 WOO) Quamichan Lake The Committee reviewed the request from Mr. Efford to install a ‘public Access Sign walkway’ sign at the Quamichan Lake access of the cul de sac at the end of Lochsyde Drive. Recommended Resolution: that Council authorize the installation of a ‘public walkway’ sign at the end of Lochsyde Drive. (File 5460-50) Seine Road The Committee reviewed the Director of Engineering and Operation’s January 7, Walkway Request 2009 report and the November 16, 2008 request from Sandrine Goble concerning the painting of a walkway on Seine Road. As the pavement width is only 20 feet wide, this request was not supported. The Committee again suggested that a Block Watch group be formed on Seine Road to address among other things, traffic and speeding by residents on Seine Road. (File 5400-20 SEI) Sweeping Fee The Committee reviewed the November 4, 2008 request from Nicon Developments Ltd. to waive the $50 per building permit sweeping fee for the Trumpeter Pointe subdivision. The Committee also reviewed the Director of Engineering and Operations’ January 7, 2009 report. The Committee did not support waiver of the sweeping fee. (File 5400-72) Peterson Street The Committee reviewed the Planner’s December 9, 2008 report recommending Closure the closure of a portion of Peterson Street. Recommended Resolution: that Council to direct staff to draft a bylaw that would simultaneously close a portion of Peterson Street and remove its highway dedication. (File 5400-20 PETE) Closed Session The Committee closed the meeting to the public at 2:20 p.m. to consider matters under section 90(1)(k) of the Community Charter, and rose without reporting at 2:45 p.m. Adjournment The meeting ended at 2:45 p.m. Page 3 of 4 Page 63 of 88 Minutes - Jan 14 January 14, 2009 Public Works Committee Minutes Next Meeting The next meeting is scheduled for Wednesday, February 25, 2009 at 12:15 p.m. Certified correct Signature of recording secretary Chair or presiding member Page 4 of 4 Page 64 of 88 Minutes - Jan 13 MUNICIPALITY of Minutes COWICHAN Meeting Technical Planning Committee Date January 13, 2009 Time 1:30 p.m. Place Large Committee Room Members Present Councillor George Seymour, Chair; Councillor Al Siebring; and Councillor John Koury (comprising a quorum) Staff Present Chris Hall, Director of Planning; Audrey Rogers, Planner; and Peter Nilsen, Assistant Engineer Agenda The Committee approved the agenda as amended to include the following item: 3.2.2 Development Variance Permit (2114 Calais Road) Lauren and Candis Laas File: 3080-20 09.01 Minutes The Committee adopted the minutes of the meeting held December 9, 2008. The Committee reviewed the minutes of the Agricultural Advisory Committee meeting held December 16, 2008. The Committee reviewed the minutes of the Advisory Planning Commission meeting held December 19, 2008. Business: Building Permit The Committee received the Chief Building Inspector's December 2008 report on Statistics local construction activity. Development The Committee reviewed Planner Rogers' January 13, 2009 report regarding the Variance Permit - Development Variance Permit application for 9976 Victoria Road (Folio: 16165-000). 9976 Victoria Road Recommendation: that the Committee give notice that Council intends to issue a Development Variance Permit to Clifford Boutillier for 9976 Victoria Road (Folio: 16165-000), at its February 4, 2009 meeting that varies Section 56(3) of the Zoning Bylaw to increase the maximum height of an accessory building from 5.0 metres (16.40 feet) to 6.5 metres (21.32 feet) to permit the siting of the accessory building (garage) with a loft above. File: 3080-20 08.10 Development The Committee reviewed PlannerRogers' January13, 2009 report regarding the Variance Permit - Development Variance Permit application for 2114 Calais Road (Folio: 6435-000). 2114 Calais Road Recommendation: that the Committee give notice that it intends to issue a Development Variance Permit to Lauren and Candis Laas for 2114 Calais Road (Folio: 6435-000), at its February 4, 2009 meeting that varies Section 56(6) of the Zoning Bylaw to reduce the minimum side yard setback from 3.0 metres (9.84 feet) to 2.6 metres (8.53 feet) to permit the construction of a one storey addition Page 1 of 2 Page 65 of 88 Minutes - Jan 13 January 13, 2009 Technical Planning Committee Minutes to the principle building. File: 3080-20 09.01 Information / The Committee decided to cancel the January 27th meeting and change the start Discussion time of future meetings to 2:00 p.m. Adjournment The meeting ended at 2:00 p.m. Next Meeting The next meeting will be held February 10, 2009. Certified correct Recording secretary Chair or presiding member Page 2 of 2 Page 66 of 88 Minutes - Jan 8 Island Savings Centre Commission Minutes of the regular meeting of the Board of the Island Savings Centre Commission held in the Centre Board Room, 2687 James Street, Duncan, on Thursday, January 8, 2009 at 3:30 pm. PRESENT: Councillors D. Haywood, Al Siebring, J.Winfrey, G. Seymour, T. Duncan Directors L. Iannidinardo, L. Duncan ALSO PRESENT: R. Austen, GM, Parks, Recreation & Culture A. Plunet, Recording Secretary ELECTION OF ISLAND SAVINGS CENTRE COMMISSION CHAIR Nominations were requested by the General Manager for the office of Chair of the Island Savings Centre Commission for the year 2009. Councillor Winfrey was nominated for the position of Chair. There being no further nominations, nominations were declared closed and Councillor Winfrey was declared elected by acclamation Chair of the Cowichan Centre Commission for the year 2009. ELECTION OF ISLAND SAVINGS CENTRE COMMISSION VICE-CHAIR Nominations were requested by the General Manager for the office of Vice Chair of the Cowichan Centre Commission for the year 2009. Councillor Seymour was nominated for the position of Vice-Chair. There being no further nominations, nominations were declared closed and Councillor Seymour was declared elected by acclamation for the position of Vice Chair of the Island Savings Centre Commission for the year 2009. Page 67 of 88 Minutes - Jan 8 Island Savings Centre Commission ISLAND SAVINGS CENTRE COMMISSION BOARD MINUTES – JAN . 8, 2009 Page 2 APPROVAL OF It was moved and seconded that the agenda be approved with AGENDA changes in order as presented. 09-01 MOTION CARRIED ADOPTION OF It was moved and seconded that the Nov. 20, 2008 Regular MINUTES Minutes of the Island Savings Centre Commission be approved. 09-02 MOTION CARRIED YOUTH OUTREACH PROGRAM - Programmer Ms L. Rogerson reported on Youth Outreach activities developed since its beginnings on Nov. 15/05. A 15 passenger van has been acquired, hours of operation have been extended, additional workers hired, and partnerships developed. Core location areas of youth have been identified, and connections are being made between youth in crises and inter-agencies which offer assistance. The majority of programs and events are offered to youth for free; a nominal charge to participate in the successful Community Kitchens program enables youth to prepare and bring home a dinner for $1. Commission members acknowledged the validity of the Youth Outreach Program, and that it was initially developed to provide equity in offering programs and services to youth from all social and economic backgrounds. Ms Rogerson left the meeting at 4:07 pm. BUSINESS ARISING FROM THE MINUTES BA1 Cowichan Valley - A malfunction in the controller of the newly installed Arena Score- Capitals Jr. A clock rendered the clock unusable during the U17 Hockey Challenge Hockey Club exhibition game between Team West and Russia, as articled in the Dec. 31 Citizen article “Electrical problem darkens score-clock”. A joint purchase venture between the CV Capitals and ISC, the repaired clock will be used specifically for use during CV Capitals Page 68 of 88 Minutes - Jan 8 Island Savings Centre Commission ISLAND SAVINGS CENTRE COMMISSION BOARD MINUTES – JAN . 8, 2009 Page 3 games, tournaments and international events. The arena’s old scoreboard will continue to be used for House programs and daily events. - Nov. 16/08 E-Mail to R. Austen from Dr. R. Smith, President, CV Capitals shared voters’ results of a Quesnel Referendum to fund a proposed $30 million multi-centre. BA2 Aquannis Centre - A verbal Report was given by the General Manager of the January Indoor Pool 8/09 CVRD/Municipal Staff Meeting on the De-Commissioning of Conversion the Aquannis Pool. Recent water leakage in the seams of the basin of the aging facility will increase the costs of maintaining the circulating, chemically treated pool water, if left unaddressed for any length of time. As several Options for addressing the future of the Aquannis Pool have previously been disclosed, the Administrators for the District of North Cowichan and City of Duncan will request direction from their prospective Councils regarding this issue. - Director Duncan clarified that Electoral Area E (Sahtlam/Glenora) will not be participating in the decommissioning of the Aquannis Centre Project, but will be directing the Area’s funds and energies into a solution for the decommissioned schools in the Cowichan Station area. - Letter dated Dec. 12/08 from the C.V. Arthritis Society to the District of North Cowichan requested an explanation regarding implementation of a two-tier payment system for Joint Wellness Dryland fitness programs at the Cowichan Aquatic Centre. - Letter dated Jan. 5/09 from J. Dias, Dist. of North Cowichan to C.V. Arthritis Society gave accommodation options to the Society regarding their rehabilitation programs which include dryland activities. BA3 Friends of the - The Friends of the Cowichan Theatre presented a “Christmas Carol” Cowichan Theatre award to the ISC Commission, in appreciation for permission given to waive the Theatre rent for a Nov. 27/28 Fund Raising Event. BA4 ISC Naming Rights - Letter dated Oct. 24, 2008 from the City of Duncan to Island Savings Centre Commission advised of the resolution adopted by City Council at the Oct. 10, 2008 Closed Council meeting to accept the ISC Naming Rights Agreement with no objections. Page 69 of 88 Minutes - Jan 8 Island Savings Centre Commission ISLAND SAVINGS CENTRE COMMISSION BOARD MINUTES – JAN . 8, 2009 Page 4 - E-Mail dated Oct. 12/08 from J. & J. Ward to Island Savings Centre expressed concerns regarding the Centre’s name change in the Naming Rights Agreement. - E-Mail reply dated Oct. 21/08 from R. Austen to M. & J. Ward explained a history of Naming Rights Agreements in the interest of maintaining public sports, recreation and culture buildings, and the economics involved in the decision to form a partnership with Island Savings Credit Union. - E.Mail reply dated Oct. 21/08 from R. Dewars, CAO, Island Savings Centre to M. & J. Ward reiterated the decision to support the community with a donation of $1 million ($100,000. per year over the next 10 years) for the exchange of Naming Rights which will provide the Centre with much needed funding for capital improvements. COMMUNI- CATIONS C1 - Copy of Letter dated Oct. 20/08 from the Municipality of North Cowichan referred to the CVRD for consideration the invitation from the BC Games Society to Bid on the 2012 & 2014 BC Winter & Summer Games. C2 - Letter dated Dec. 3/08 from City of Duncan advised of the appointment to office of Councillors Tom Duncan and Jesse Winfrey as newly appointed City of Duncan Representatives of the 2009 Island Savings Centre Commission. C3 - Letter dated Dec. 9/08 from Municipality of North Cowichan advised of the appointment to office of Councillors Dave Haywood; Al Siebring and George Seymour as newly appointed Dist. Of North Cowichan Representatives of the 2009 Island Savings Centre Commission. C4 - Letter dated Dec. 10/08 from Vancouver Island Regional Library Energy Saving Committee to Island Savings Centre requested a mutual involvement between landlord and leaseholder in the implementation of proposed energy savings projects at Cowichan Branch VIRL, Island Savings Centre. As energy saving initiatives would pass to both the VIRL, Island Savings Centre branch and ISC as landlord, the General Manager requested direction from the Commission. Page 70 of 88 Minutes - Jan 8 Island Savings Centre Commission ISLAND SAVINGS CENTRE COMMISSION BOARD MINUTES – JAN . 8, 2009 Page 5 Staff was directed to research energy saving initiatives currently implemented by ISC, and report back with potential further energy saving measures for consideration. C5 - Candace Spilsbury, Co-Chair Cultural Connections Council, Social Planning Cowichan spoke in a letter dated Dec. 17/08 of the legacy passed down through the Cowichan 2008 North American Indigenous Games, and invited Ron Austen to become a member of the Cultural Connections Council of key leaders in the Cowichan Region committed to the vision of strengthening the cultural relations that began during NAIG. Mr. Austen has agreed to sit on the Council. INFORMATION IN1 - Citizen article dated Dec. 19/08 articled the organizational re- structuring of managerial positions within the CVRD. IN2 - On behalf of the CVRD Parks, Recreation & Culture Department, the newly appointed Manager of ISC, John Elzinga, attended the 2015 Canada Winter Games Bid Process Information Session on Jan. 8/09, and will report back to the Commission at the Feb 12/09 meeting regarding the CVRD’s potential to host the Winter Games. REPORTS No Reports NEW BUSINESS - ISC Commission members were asked for their preferences in arranging the dates and times of the 2009 monthly Commission meetings. It was generally agreed to hold monthly Commission meetings at the ISC at 2:30 pm on the second Thursday of each month beginning Feb. 12, 2009. Director Lori Iannidinardo agreed to report back to the Commission with the name of her alternate, as she will be unable to attend at the agreed upon time on a regular basis. ADJOURNMENT 09-03 It was moved and seconded that the Regular meeting of the Island Savings Centre Commission adjourn. MOTION CARRIED Page 71 of 88 Minutes - Jan 8 Island Savings Centre Commission ISLAND SAVINGS CENTRE COMMISSION BOARD MINUTES – JAN . 8, 2009 Page 6 The meeting was adjourned at 5:10 pm. The next regular Island Savings Centre Commission Meeting will be held February 12, 2009, at 2:30 pm, or at the call of the Chair. This meeting concludes under the Management of the Island Savings Centre General Manager, Ron Austen. The February 12/09 ISC Commission meeting will commence under the direction of John Elzinga, as the new ISC Manager. Certified Correct: Chairperson Secretary Dated: Page 72 of 88 Bylaw No. 3369 BYLAW NO. 3369 Cemetery Amendment Bylaw, 2009 The Council of The Corporation of the District of North Cowichan enacts as follows: 1 “Cemetery Bylaw 1997", No. 2933, is amended by repealing Schedule “A”, and substituting Schedule “A” attached to and forming part of this bylaw. First reading ...... January 7, 2009 Second reading ...... January 7, 2009 Third reading ...... January 7, 2009 Adopted ...... , 2009 M.O. Ruttan, Director of Administration T.A. Walker, Mayor This bylaw is printed by authority of the Council of The Corporation of the District of North Cowichan. Page 73 of 88 Bylaw No. 3369 Schedule "A" to Bylaw No. 3369 2009 Cemetery Fees Grave Space Resident Non-resident (includes 25% Care Fund contribution) Adult (13 yrs. & older) $630.00 $1394.00 Child 222.00 444.00 Cremated Remains 201.00 456.00 Columbarium Space Resident Non-resident Niche (includes 10% Care Fund contribution) $650.00 $1300.00 Bottom Row Niche 570.00 1135.00 Inurnment in Columbarium 201.00 201.00 Inurnment in Columbarium after hours, weekends, 403.00 403.00 or statutory holidays Engraving and handling of niche plate 201.00 201.00 Monday to Friday After hours, weekends or Burial Fees (except statutory statutory holidays) holidays Adult $715.00 $1430.00 Child 350.00 700.00 Cremated remains 339.00 700.00 Monday to Friday After hours, weekends or Exhumation Fees (except statutory statutory holidays) holidays Adult $1426.00 $2851.00 Child 700.00 1,400.00 Cremated remains 525.00 1050.00 Miscellaneous Goods and Services Fee Memorial Installation (includes $25.00 Care Fund contribution) $181.00 Removal of curbs/capping and re-seeding 233.00 Transfer of permission to use and occupy grave space or columbarium 21.00 niche Concrete base for single size marker 144.00 Concrete base for double size marker 170.00 Base for fibreglass liner if requested 144.00 Page 74 of 88 Bylaw No. 3369 Miscellaneous Goods and Services Fee Supply and installation of fibreglass grave liner without base 339.00 Fibreglass cremated remains container 116.00 Memorial tree (includes bronze plaque on pink granite base) 725.00 Memorial bench (aggregate concrete) 848.00 Memorial bench (cedar back with aggregate base and leg) 795.00 Memorial picnic table (concrete) 1005.00 Vault handling (one hour minimum charge) $116.00 per hour All the above fees are subject to Goods and Services Tax. Page 75 of 88 Page 76 of 88 Bylaw No. 3370 BYLAW NO. 3370 Parcel Tax (Herd Road Local Area Water Service) Bylaw, 2009 Adopted …, 2009 WHEREAS Council has established a local area service to extend the municipal water main on Herd Road by “Local Area Service (Herd Road Water Main Extension) Bylaw, 2007, No. 3314"; AND WHEREAS section 216 of the Community Charter authorizes Council, by bylaw, to impose a parcel tax to provide all or part of the funding for a local area service; AND WHEREAS section 202 of the Community Charter authorizes Council, by bylaw, to direct the preparation of a parcel tax roll for the purposes of imposing a parcel tax; NOW THEREFORE the council of The Corporation of the District of North Cowichan, in open meeting assembled, enacts as follows: 1 A parcel tax is hereby imposed to fund 90% of the costs of the local area service established by “Local Area Service (Herd Road Water Main Extension) Bylaw, 2007, No. 3314" (the “Local Area Service”). 2 The parcel tax for the Local Area Service is imposed for the years 2009 through 2023, for a total of 15 years. 3 Council hereby directs the Collector to prepare a parcel tax roll (the “Parcel Tax Roll”) for the purposes of imposing the parcel tax for the Local Area Service. 4 The parcel tax for the Local Area Service will be imposed on the basis of a single amount for each parcel on the Parcel Tax Roll. 5 The amount of the parcel tax for the Local Area Service to be paid for each parcel on the Parcel Tax Roll is in accordance with Schedule “A”, attached to and forming part of this bylaw. 6 The parcel tax will be waived or reduced if the owner or a previous owner has by February 28, 2009. (a) provided all or part of the service at the owner’s expense, or (b) already paid towards the cost of the service in accordance with Item (4) on Schedule “A”. 7 The remaining 10% of the costs of the Local Area Service, not paid for by the parcel tax, will in accordance with Bylaw 3314, be paid from the reserve fund established by “Local Improvement Fund Bylaw, 1959", No. 770. Bylaw readings First reading ...... , 2009 Second reading ...... , 2009 Third reading ...... , 2009 This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan. Page 77 of 88 Bylaw No. 3370 Adoption ...... , 2009 ______Mark O. Ruttan, Director of Administration T. A. Walker, Mayor – 2 – Page 78 of 88 Bylaw No. 3370 Schedule “A” of Bylaw 3370 Parcel Tax (1) Total cost of the Local Area Service $435,029.00 Municipality’s share (10%) 1 16,909.00 Owners’ share (90%) $318,120.00 (2) The owners’ share will be borrowed from the Local Improvement Fund, as established by Bylaw 770, being the “Local Improvement Fund Bylaw, 1959”, and repaid over 15 years together with interest at 7 per cent per annum, in accordance with the following schedule: Year Payment Interest @ 7% Principal Balance 2009 33,400.36 7,382.13 26,018.23 292,101.77 2010 33,400.36 20,447.12 12,953.24 279,148.53 2011 33,400.36 19,540.40 13,859.96 265,288.57 2012 33,400.36 18,570.20 14,830.16 250,458.41 2013 33,400.36 17,532.09 15,868.27 234,590.14 2014 33,400.36 16,421.31 16,979.05 217,611.09 2015 33,400.36 15,232.78 18,167.58 199,443.51 2016 33,400.36 13,961.05 19,439.31 180,004.20 2017 33,400.36 12,600.29 20,800.07 159,204.13 2018 33,400.36 11,144.29 22,256.07 136,948.06 2019 33,400.36 9,586.36 23,814.00 113,134.06 2020 33,400.36 7,919.38 25,480.98 87,653.08 2021 33,400.36 6,135.72 27,264.64 60,388.44 2022 33,400.36 4,227.19 29,173.17 31,215.27 2023 33,400.36 2,185.07 31,215.29 -0.02 (3) The annual payment of $33,400.36 will be assessed to each parcel on the Parcel Tax Roll as the parcel tax for the Local Area Service in an amount equal to $1,535.00 per annum [or in an amount equal to $33,400.36 divided by the number of taxable properties in the Local Area Service]. (4) An owner may pay the owner’s share of the total cost of the Local Area Service in the amount of $14,460.00, before March 1, 2009. – 3 – Page 79 of 88 Page 80 of 88 Bylaw No. 3371 ■ w Bylaw No. 3371 Forestry Advisory Committee Establishment Amendment Bylaw, 2009 The council of The Corporation of the District of North Cowichan, enacts asfollows: 1 Section 3 of Forestry Advisory Committee Establishment Bylaw 2002y No. 3138, is repealed and the following substituted: 3. (1) The Committee comprises: (a) three members of Council appointed by the Mayor, (b) 2 North Cowichan residents, appointed by Council, who are Registered Professional Foresters actively engaged in managing forests and are not Council members, and (c) one North Cowichan resident, appointed by Council, who has forest management experience and is not a Council member. Bylaw readings First reading , 2009 Second reading , 2009 Third reading , 2009 Adopted , 2009 M.O. Ruttan, Director of Administration T.A.Walker, Mayor This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan. Page 81 of 88 Page 82 of 88 Bylaw No. 3372 ■4 M.«, Yin •■■ f I1 "<•• >V-r- Bylaw No. 3372 Zoning Amendment Bylaw (No. 1 - Ryall Road), 2009 The council of The Corporation of the District of North Cowichan enacts as follows: 1 Schedule "C" of "Zoning Bylaw 1997", No. 2950, is amended by re-classifying #2 - 6124 Ryall Road (LegalDescription: Strata Lot 2, Section 1, Range 5, Somenos District, Strata Plan VIS6627, together with an interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Show on Form V; Folio 5359-006), shown as "Subject Property" and outlined in bold on Schedule "A *\ attached to and forming part of this bylaw,from Residential One and Two Family Zone (R3) to Residential Multi-Family Zone (R7). Bylaw readings First reading , 2009 Second reading , 2009 Public hearing , 2009 Third reading , 2009 Adopted , 2009 M.O. Ruttan, Director of Administration T.A.Walker, Mayor This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan. Page 83 of 88 Bylaw No. 3372 Schedule "A " — 2 — Page 84 of 88 Bylaw No. 3373 BYLAW NO. 3373 Street Name Change Bylaw, 2009 The council of The Corporation of the District of North Cowichan enacts as follows: 1 This bylaw renames: (a) Donnay Drive between Tzouhalem Road and Kingsview Road to “Donnay Drive South;” (b) Tatlo Road west of Osborne Bay Road to “Tatlo Road West;” and (c) Tatlo Road East to “Tatlo Road.” Bylaw readings First reading ...... , 2009 Second reading ...... , 2009 Third reading ...... , 2009 Adopted ...... , 2009 ______M.O. Ruttan, Director of Administration T.A. Walker, Mayor This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan. Page 85 of 88 Page 86 of 88 Bylaw No. 3374 Bylaw No. 3374 Zoning Amendment Bylaw (No. 2 - Cowichan Valley Highway), 2009 The council of The Corporation of the District of North Cowichan enacts as follows: 1 Schedule "C" of "Zoning Bylaw 1997", No. 2950, is amended by re-classifying approximately 6.07 hectares of property on Cowichan Valley Highway (a portion of Section 3, Range 1, Somenos District, Portion W 40 acres; Folio5005-000), shown outlined in bold on Schedule "A", attached to and forming part of this bylaw, from Industrial Heavy Zone (12) to Commercial Rural Recreation Zone (C8). Bylaw readings First reading , 2009 Second reading 2009 Public hearing , 2009 Third reading , 2009 Adopted , 2009 M.O. Ruttan, Director of Administration T.A.Walker, Mayor This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan. Page 87 of 88 Bylaw No.3374 THECOWICHANVALLEYREGIONALDISTRICT 5? I I I Page 88of