REGULAR COUNCIL MEETING AGENDA TUESDAY, JANUARY 28TH, 2020 4:00 P.M.
CALL TO ORDER
ADOPTION OF AGENDA (and late items, if appropriate)
ADOPTION OF MINUTES a) Regular Council Meeting Minutes – January 14th, 2020 b) Regular Committee of the Whole Meeting Minutes – January 21st, 2020
DELEGATIONS - None
ITEMS OF BUSINESS a) Recommendations from the Regular Committee of the Whole meeting held January 21st, 2020, for adoption:
RECOMMENDATION NO. 1: THAT the request from the Tilted Brick Gallery Association, for a reduced rental fee for classroom space in the Creston Education Centre, be received; AND FURTHER, THAT Council approves a grant to The Tilted Brick Gallery Association, in the amount of $6,000, to assist with the rental costs for one classroom in the Creston Education Centre for a one-year period (reducing the monthly rental fee from $1,000 to $500 per month), with funds being allocated from the Town of Creston Grant Budget.
RECOMMENDATION NO. 2: THAT the Council Direction Request and Staff Briefing Notes from the Director of Community Services, regarding the Parks Booking Policy, be received; AND FURTHER, THAT staff is directed to bring forward for Council’s consideration, a draft Parks Booking Policy and appropriate draft amendments to the Parks, Trails and Public Places Regulations Bylaw, following a review by legal counsel.
RECOMMENDATION NO. 3: THAT the Council Direction Request and Staff Briefing Notes from the Director of Community Services, regarding Development Permit 04/19 for 320 – 20th Avenue South, be received; AND FURTHER, THAT staff is directed to draft Development Permit No. 04/19 to Mireille and William Wittig (the owners) for the property legally described as Lot 1, District Lot 891, Kootenay District Plan 2506, except part included in Plan 6030, PID: 009-936-882, and located at 320 – 20th Avenue South, Creston, to allow for an addition to the existing single family residence, for Council’s consideration at an upcoming Regular Council meeting.
Regular Council Meeting Agenda – January 28th, 2020 Page 2
RECOMMENDATION NO. 4: THAT the application from Romano’s Runaway Lanes Limited for a Liquor Primary Structural Change from the British Columbia Liquor and Cannabis Regulation Branch, be received; THAT Council supports the application by Romano’s Runaway Lanes Limited for the Structural Change Application to the British Columbia Liquor and Cannabis Regulation Branch, to increase the total occupancy of the liquor service area from 50 persons to 100 persons located at 1404 Cook Street, Creston; AND FURTHER, THAT the Liquor and Cannabis Regulation Branch be advised that Council ‘opts out’ of the public process with respect to this application.
b) Recommendation from the Special Regular Committee of the Whole meeting held December 18th, 2018, for adoption:
RECOMMENDATION: THAT Council consider the application for Development Permit DP-05/18 to Byron Murtack (the owner) for the property legally described as Lot 2, District Lot 892, Kootenay District, Plan NEP58861 Except Plan NEP62103; and located at 1625 Northwest Boulevard, to allow for the development of a new gas station and convenience store; AND FURTHER, THAT staff is directed to issue Development Permit DP-05/18 to Byron Murtack subject to the owner providing to the Municipality, security in the form of an Irrevocable Letter of Credit in the amount of $25,000 (or other acceptable security) to ensure the performance of conditions with respect to landscaping and/or to correct any unsafe condition which may result from a contravention of the conditions in the Permit. c) Recommendation from the Regular Committee of the Whole meeting held March 19th, 2019, for adoption:
RECOMMENDATION: THAT staff be directed to review and update the Council Orientation and Council Scope of Duties Policies and bring forward to a future Committee of the Whole meeting. d) Recommendation from the Regular Committee of the Whole meeting held April 16th, 2019, for adoption:
RECOMMENDATION: THAT Council hereby enters into a Memorandum of Understanding with FortisBC to apply to Natural Resources Canada in May for funding to install a Dual Charger Fast Charging Station in the Cook Street Parking Lot. e) Recommendations from the Regular Committee of the Whole meeting held May 14th, 2019, for adoption:
RECOMMENDATION: THAT Council direct Staff to draft a Zoning Amendment Bylaw to rezone 908 Northwest Boulevard from M-1 to C-1 for Council consideration.
RECOMMENDATION: THAT Council direct Staff to explore various opportunities on affordable housing solutions in Creston.
Regular Council Meeting Agenda – January 28th, 2020 Page 3
f) Recommendations from the Special Regular Committee of the Whole meeting held May 21st, 2019, for adoption:
RECOMMENDATION: THAT Council direct Staff to proceed with the public notice regarding Development Variance Permit Application 01/19 with respect to the requirement for a sidewalk within the proposed cul-de-sac of the 1700 McLaren Street development.
RECOMMENDATION: THAT Council direct staff to draft the appropriate Zoning Amendment Bylaw and Official Community Plan Amendment Bylaw with respect to the property located at 616 – 16th Avenue South to be presented to Council for first and second readings at a future meeting of Council.
RECOMMENDATION: THAT Council direct staff to draft the appropriate Zoning Amendment and Official Community Plan Amendment Bylaws to be presented at a future meeting of Council with respect to the proposed 2019 bulk Zoning and Official Community Plan Bylaw amendments as presented.
g) Recommendations from the Regular Committee of the Whole meeting held June 18th, 2019 for adoption:
RECOMMENDATION: THAT Council authorizes staff to proceed with a draft Kootenay-Wide Inter Community Business Licence Bylaw and bring forward to a future meeting for first, second and third readings.
RECOMMENDATION: THAT Council authorizes staff to proceed with the Town Hall Rest Area Project, to be funded from the Downtown Beautification budget in the amount of six thousand dollars ($6,000).
RECOMMENDATION: THAT Council consider Development Variance Permit Application 02/19; AND FURTHER, THAT Council direct staff to proceed with the required public notice for the Development Permit Application.
h) Recommendation from the Regular Committee of the Whole meeting held July 23rd, 2019, for adoption:
RECOMMENDATION: THAT the Council Direction Request from the Director of Municipal Services, regarding a Zoning Amendment Application for 519 – 16th Avenue South, be received; THAT staff is authorized to commence with the Public Hearing process for 519 – 16th Avenue South, and draft the required Zoning and Official Community Plan Amending Bylaws for Council’s consideration at an upcoming Regular Council Meeting. i) Recommendations from the Regular Committee of the Whole meeting held August 20th, 2019, for adoption:
RECOMMENDATION: THAT Councillors Karen Unruh and Ellen Tzakis be appointed to the Permissive Tax Exemption Application Review Committee to review and bring forward recommendations regarding the 2020 – 2022 permissive tax exemption applications; AND FURTHER, THAT Council approves a cap for allowable permissive tax exemptions in the amount of 1.5 percent of the estimated total amount of municipal taxation based on 2019 assessed values.
Regular Council Meeting Agenda – January 28th, 2020 Page 4
RECOMMENDATION: THAT Council approves the transfer of budgeted paving funds from the Schikurski Park Walking Path Budget in the amount of twenty-seven thousand dollars ($27,000) to pave the trail on the south side of Valley View Drive between Ibbitson Street and Hawkview Drive.
RECOMMENDATION: THAT Council direct staff to proceed with the required public notice process regarding Development Variance Permit Application 03/19 with respect to 1516 Hillside Street, Creston, British Columbia.
RECOMMENDATION: THAT Council authorizes the Town of Creston’s participation in the Regional District of Central Kootenay’s 2019/2020 Woodstove Exchange Program to provide a one hundred-dollar ($100) per woodstove rebate for Town of Creston residents or property owners, to a maximum of twenty (20) woodstoves. j) Recommendations from the Regular Committee of the Whole meeting held September 10th, 2019, for adoption:
RECOMMENDATION: THAT Council approves the Garbage to Utility Billing Communications Strategy; THAT Council authorizes the preparation of a draft Solid Waste Bylaw to incorporate solid waste collection with utility billing and to remove solid waste collection from taxation; AND FURTHER, THAT Council directs staff to bring forward additional information regarding business rates with respect to solid waste collection from other municipalities.
RECOMMENDATION: THAT Council approves the continuation of the Citizen Budget Process for the next three years, being 2019, 2020 and 2021, in the amount of two thousand, five hundred dollars ($2,500) per year.
RECOMMENDATION: THAT Council directs staff to draft Development Permit No. 01/19, for Council consideration during an upcoming Regular Council Meeting, conditional upon security and off-street parking requirements being met.
RECOMMENDATION: THAT Council approves the twenty-five (25) permissive tax exemption applications for 2020, 2021 and 2022 as presented, to include the permissive portion for the property located at 1411 Canyon Street at one hundred (100) percent; AND FURTHER, THAT Council authorizes the preparation of draft Permissive Tax Exemption Bylaw (2020, 2021 and 2022) for consideration during an upcoming Regular Council Meeting.
RECOMMENDATION: THAT Council approves the purchase of the “The Awakening” public art piece located at the intersection of Pine Street and Canyon Street in the amount of sixteen thousand dollars ($16,000) to be funded from the Downtown Beautification budget.
Regular Council Meeting Agenda – January 28th, 2020 Page 5
k) Recommendations from the Regular Committee of the Whole meeting held October 15th, 2019, be adopted:
RECOMMENDATION: THAT Council directs staff to continue to investigate the required actions, partnerships and funding required for developing the former Crawford Hill reservoir lands into a public park; AND FURTHER, THAT Council directs staff to bring the aforementioned opportunity back to a future Committee of the Whole Meeting in January 2020 for further review and direction.
RECOMMENDATION: THAT Council supports the Creston Valley-Kootenay Lake Tourism application to become the designated recipient of the Municipal and Regional District Tax (MRDT) to be collected within the Town of Creston and RDCK Electoral Areas B and C; AND FURTHER, THAT a letter be provided to Creston Valley-Kootenay Lake Tourism indicating the Town of Creston’s support for the implementation of the sales tax within the defined Municipal and Regional District Tax boundary.
RECOMMENDATION: THAT Council directs staff to proceed with design and construction as recommended in the Technology Options Evaluation (recommended option – ‘Geomembrane Tubes’) and prepare the 2020 Budget to reflect the increased Solids Dewatering Facility project cost of $878,850 of which the Town of Creston will provide 35% funding and the Columbia Brewery will provide 65% funding.
l) Environment and Climate Change Canada regarding a Consultation process on amending Schedule 1 of the Species at Risk Act (seeking comments) (Chief Administrative Officer)
m) University of British Columbia regarding its Rural Evidence Review Project – Follow Up (for information) (Chief Administrative Officer)
n) Kootenay Region Skate Canada BC/YK regarding a Discretionary Grant Application for $500 to assist with expenses to host the Regional Championships in Creston in February, 2020 (Chief Administrative Officer) o) Creston Climate Action regarding a request to the Regional District of Central Kootenay reconsider its decision to not waive the tipping fees at the Creston Landfill site for the disposal of yard waste materials on a year-round basis (Chief Administrative Officer) p) Heritage BC regarding a request to declare the week of February 17th to 23rd, 2020 as ‘Heritage Week” in the Town of Creston (Chief Administrative Officer)
q) Panago Creston requesting the use of two parking stalls in the Cook Street parking lot to accommodate storage containers during the renovation period of the Panago Pizza building (approximately February 9th to 26th, 2020) (Director of Community Services) r) Request for Decision from the Director of Community Services, regarding Development Permit 04/19 for 320 – 20th Avenue South (Director of Community Services)
s) Request for Decision and Staff Briefing Note from the Director of Community Services regarding Property Maintenance Amendment Bylaw No. 1906, 2020 and Bylaw Notice Enforcement Amendment Bylaw No. 1907, 2020 with respect to pests and vermin regulations (Director of Community Services)
Regular Council Meeting Agenda – January 28th, 2020 Page 6
BYLAWS a) Fees and Charges Amendment Bylaw No. 1908, 2020 (Adoption) b) Property Maintenance Amendment Bylaw No. 1906, 2020 (1st & 2nd Readings) c) Property Maintenance Amendment Bylaw No. 1906, 2020 (3rd Reading) d) Bylaw Notice Enforcement Amendment Bylaw No. 1907, 2020 (1st & 2nd Readings) e) Bylaw Notice Enforcement Amendment Bylaw No. 1907, 2020 (3rd Reading)
NEW BUSINESS
REPORTS OF REPRESENTATIVES
- Council Member Verbal Reports - Staff Verbal Reports (first meeting of each month)
GIVING OF NOTICES:
- COTW – February 18th, March 17th, 2020 - COUNCIL – February 11th, 25th, March 10th, 24th, 2020 - SPECIAL COUNCIL – February 18th, 2020 (Budget Bylaw)
ACTING MAYORS SCHEDULE – 2020
January Cllr. Unruh February Cllr. Wilson March Cllr. DeBoon April Cllr. Tzakis May Cllr. Comer June Cllr. Elford July Cllr. Unruh August Cllr. Wilson September Cllr. DeBoon October Cllr. Tzakis November Cllr. Comer December Cllr. Elford
QUESTION PERIOD
MOVE TO CLOSED MEETING, pursuant to Sub-section 90(1)(a) personnel issues, (c) labour and relations and (g) litigation or potential litigation affecting the municipality, of the Community Charter.
RECONVENE TO REGULAR MEETING
RESOLUTIONS FROM CLOSED MEETING
ADJOURNMENT MINUTES OF A REGULAR MEETING OF COUNCIL HELD IN THE TOWN OF CRESTON COUNCIL CHAMBERS, 238 – 10TH AVENUE NORTH ON TUESDAY, JANUARY 14th, 2020 AT 4:00 P.M. ______
PRESENT Mayor Ron Toyota Councillor Jen Comer Councillor Arnold DeBoon Councillor Jim Elford Councillor Ellen Tzakis Councillor Karen Unruh Councillor Joanna Wilson
STAFF Mike Moore, Chief Administrative Officer Ross Beddoes, Director of Community Services Steffan Klassen, Director of Finance & Corporate Services Jared Riel, Fire Chief Marsha Neufeld, Executive Assistant Bev Caldwell, Corporate Officer
MEDIA Brian Lawrence, Creston Valley Advance Jensen Shields, Juice FM
GALLERY Dallas Magrum, Resident Allan Clement, Resident
CALL TO ORDER Mayor Toyota called the Regular Meeting to order at 4:00 p.m.
AGENDA
1-20 Moved by Councillor DeBoon, seconded by Councillor Comer THAT the Agenda for the Regular Council Meeting of January 14th, 2020, be adopted as amended with the addition under Bylaws, Item b) Fees and Charges Amendment Bylaw No. 1908, 2020 (3rd Reading). MOTION CARRIED
MINUTES
2-20 Moved by Councillor Unruh, seconded by Councillor Elford THAT the Minutes of the Public Hearing held October 8th, 2019, be adopted. MOTION CARRIED
3-20 Moved by Councillor DeBoon, seconded by Councillor Unruh THAT the Minutes of the Regular Council Meeting held December 17th, 2019, be adopted. MOTION CARRIED
DELEGATIONS - None at this time.
ITEMS OF BUSINESS
Discretionary Grant Request re P.A.R.T.Y. Program
4-20 Moved by Councillor Comer, seconded by Councillor DeBoon THAT the request from Kootenay Employment Services for a Discretionary Grant to assist with expenses relating to the establishment of a Prevent Alcohol & Risk-Related Trauma in Youth (P.A.R.T.Y.) Program in the Creston Valley, be received with no further action required as the request has been withdrawn by Kootenay Employment Services. MOTION CARRIED
17th Annual BC Natural Resources Forum
5-20 Moved by Councillor Unruh, seconded by Councillor Wilson THAT the invitation from the BC Natural Resources Forum, to attend the 17th Annual BC Natural Resources Forum in Prince George, January 28th to 30th, 2020, be received. MOTION CARRIED
Regular Council Meeting Minutes – January 14th, 2020 Page 2
Community Wildfire Protection Plan Final Report
6-20 Moved by Councillor Unruh, seconded by Councillor Comer THAT correspondence from the Union of BC Municipalities, advising that the Final report for the Community Wildfire Protection Plan Grant project for the Town of Creston has been submitted, and therefore the final payment of grant funds will be released to the Town, be received. MOTION CARRIED
Sponsorship Request re Harvey Sayles Fishing Derby
7-20 Moved by Councillor Unruh, seconded by Councillor Comer THAT the invitation from the Creston Valley Shrine Club #35 to sponsor the Harvey Sayles Fishing Derby, be received; AND FURTHER, THAT Council approves a Bronze sponsorship in the amount of $100 in support of the 2nd Annual Harvey Sayles Fishing Derby on February 17th, 2020, with funds being allocated from Council’s advertising budget. MOTION CARRIED
2020 CBT-CIP Funding Process for Town of Creston
8-20 Moved by Councillor Wilson, seconded by Councillor Tzakis THAT the memorandum from the Corporate Officer regarding the 2020 Columbia Basin Trust – Community Initiatives & Affected Areas Program (CIP/AAP) funding application process and schedule for the Town of Creston, be received. MOTION CARRIED
WildSafeBC 2019 Annual Report
9-20 Moved by Councillor Elford, seconded by Councillor DeBoon THAT the 2019 Annual Report submitted by WildSafeBC, be received. MOTION CARRIED
Fees and Charges Amendment Bylaw No. 1908, 2020
10-20 Moved by Councillor Elford, seconded by Councillor Wilson THAT the Request for Decision from the Director of Community Services, regarding Fees and Charges Amendment Bylaw No. 1908, 2020 regarding a commission fee for Funeral Homes, when acting as an agent for the Town with respect to the sale of a Cemetery Plot, a Columbarium Niche or a Memorial Plaque within Town owned cemeteries, be received; AND FURTHER, THAT Council consider three readings to Fees and Charges Amendment Bylaw No. 1908, 2020 at the January 14th, 2020 Regular Council meeting. MOTION CARRIED
Residential Information Meeting re Crawford Hill Reservoir Site
11-20 Moved by Councillor Comer, seconded by Councillor Wilson THAT the verbal report by the Chief Administrative Officer, providing an update on the scheduled Information Meeting with property owners / residents of Crawford Hill with respect to public access opportunities for the Crawford Hill reservoir site, to be held on Wednesday, January 15th, 2020 from 6:30 to 8:30 p.m. in the Erickson Room at the Creston & District Community Complex, be received. MOTION CARRIED
BYLAWS
Fees and Charges Amendment Bylaw No. 1908, 2020
12-20 Moved by Councillor DeBoon, seconded by Councillor Elford THAT Fees and Charges Amendment Bylaw No. 1908, 2020, be read a first time by title, a second time by content. MOTION CARRIED
13-20 Moved by Councillor Unruh, seconded by Councillor Comer THAT Fees and Charges Amendment Bylaw No. 1908, 2020, be read a third time. MOTION CARRIED
NEW BUSINESS
No new business at this time.
Regular Council Meeting Minutes – January 14th, 2020 Page 3
REPORTS OF REPRESENTATIVES
Councillor DeBoon reported on his attendance at the ARES HoHoHo Assembly and a Creston Valley Regional Airport Society meeting.
Councillor Elford reported on his attendance at a T.A.P.S. luncheon and sing-a-long, a Regional District of Central Kootenay EAP meeting, and a Creston Community Forest meeting.
Councillor Tzakis reported on her attendance at a Creston Valley Network meeting.
Councillor Unruh reported on her attendance at a Creston Valley Blossom Festival meeting.
Councillor Wilson reported on her attendance at a Creston Valley Blossom Festival meeting, a Creston Concert Society meeting and a Creston Valley Arts Council Wine & Cheese event.
14-20 Moved by Councillor Unruh, seconded by Councillor DeBoon THAT the verbal reports of Council and staff, be received as presented. MOTION CARRIED
GIVING OF NOTICES
- COTW – January 21st, February 18th, 2020 - SPECIAL COTW – January 28th, 2020 (budget) - COUNCIL – January 28th, February 11th, 25th, 2020 - SPECIAL COUNCIL – February 18th, 2020 (Budget Bylaw)
QUESTION PERIOD
Mr. Jensen Shields asked if the Crawford Hill reservoir site information meeting was open to the public. The Chief Administrative Officer advised that the meeting was open to the public but the main purpose of the meeting was to obtain input from the residents/property owners in the area on proposed uses for the former reservoir site and for the Town to advise of the potential liability risks if no improvements were made to the site.
RECESS AND MOVE TO CLOSED MEETING
15-20 Moved by Councillor Unruh, seconded by Councillor Comer THAT the Regular Council Meeting of January 14th, 2020 be recessed at 4:30 p.m. and by authority of the Community Charter, Council move to Closed Meeting with this meeting being closed from the public and/or news media pursuant to Sub-Section 90(1)(a) personnel issues, (b) nomination of individual for award, (c) labour relations, (e) land issues, (g) litigation or potential litigation affecting the municipality; and Sub- Section 90(2)(c) Ombudsperson investigation. MOTION CARRIED
RECONVENE
The Regular Council Meeting of January 14th, 2020 reconvened at 5:18 p.m.
RESOLUTIONS FROM CLOSED MEETING
16-20 Moved by Councillor Elford, seconded by Councillor Comer THAT Resolution No. 6-20 from the January 14th, 2020 Closed Council Meeting, be reported at the Regular Council Meeting of January 14th, 2020, as follows:
THAT the draft Press Release with respect to land for the new Fire Hall, be received; AND FURTHER, THAT Council approves the immediate publication of the Press Release dated January 14th, 2020 and titled ‘Town of Creston Finalizes Land Purchase for New Fire Hall’, to the public and media. MOTION CARRIED
Regular Council Meeting Minutes – January 14th, 2020 Page 4
ADJOURNMENT
17-20 Moved by Councillor Unruh THAT the meeting be adjourned at 5:20 p.m. MOTION CARRIED
CERTIFIED CORRECT:
Mayor Ron Toyota Bev Caldwell, Corporate Officer
TOWN OF CRESTON REGULAR COMMITTEE OF THE WHOLE MEETING MINUTES JANUARY 21st, 2020
Minutes of a Regular Committee of the Whole Meeting of Council held on Tuesday January 21st, 2020 at 4:00 p.m. in the Town of Creston Council Chambers, 238 - 10th Avenue, North, Creston, BC.
PRESENT: Mayor Ron Toyota Councillor Jen Comer Councillor Arnold DeBoon Councillor Jim Elford Councillor Ellen Tzakis Councillor Joanna Wilson
STAFF: Michael Moore, Chief Administrative Officer Steffan Klassen, Director of Finance & Corporate Services Ross Beddoes, Director of Community Services Jared Riel, Fire Chief Marsha Neufeld, Executive Assistant Bev Caldwell, Corporate Officer
MEDIA: Jensen Shields, JuiceFM
GALLERY: Marnie Temple, Tilted Brick Gallery Association Michelle Rainey, Tilted Brick Gallery Association James Wallis, Tilted Brick Gallery Association Dallas Magrum, Resident Mireille Wittig, Resident William Wittig, Resident
CALL TO ORDER: Mayor Toyota called the meeting to order at 4:00 p.m.
ADOPTION OF Moved by Councillor DeBoon, seconded by Councillor Comer AGENDA THAT the agenda for the Committee of the Whole meeting of January 21st, 2020, be adopted as amended, with the addition of item d) Application from Romano’s Runaway Lanes Limited regarding a Liquor Primary Structural Change Application. MOTION CARRIED
DELEGATION: Mayor Toyota welcomed Ms. Michelle Rainey and Ms. Marnie Temple of the Tilted Brick Gallery Association (Creston Centre for the Arts), to the meeting at 4:02 p.m.
Ms. Rainey presented a brief background of the Creston Centre for the Arts, a project supported by Tilted Brick Gallery Association, a non-profit artist run gallery. Ms. Rainey advised that the Creston Centre for the Arts approach focuses on self- expression and technique through the exploration of new ideas and methods of artmaking. The Centre strives to enhance the uniqueness, creativity and skills of participants of all ages and offers a place to foster a sense of belonging and community in the Creston Valley.
The Tilted Brick Gallery Association is requesting Council to consider and approve a reduction in the rental fee for one classroom located in the Creston Education Centre, from $1,000 to $500 per month, for a one-year term, to accommodate the Association’s Creston Centre for the Arts program.
st Regular Committee of the Whole Meeting Minutes of January 21 , 2020 Page 2
Ms. Rainey and Ms. Temple featured the benefits of the program being held in the Creston Education Centre, which included: community engagement; location of the Creston Education Centre is a central hub and will allow greater access to the Arts Centre; enhance a sense of belonging; engage youth and seniors through the Arts; local employment opportunities; activate and transform a vacant classroom; and, an identified space for the Arts Centre.
Mayor Toyota thanked Ms. Rainey and Ms. Temple for their presentation.
COUNCIL COMMITTEE RECOMMENDATION NO. 1: ►CRESTON THAT the request from the Tilted Brick Gallery Association, for a reduced rental fee CENTRE FOR THE for classroom space in the Creston Education Centre, be received; AND ARTS FURTHER, THAT Council approves a grant to The Tilted Brick Gallery Association, in the amount of $6,000, to assist with the rental costs for one classroom in the Creston Education Centre for a one-year period (reducing the monthly rental fee from $1,000 to $500 per month), with funds being allocated from the Town of Creston Grant Budget.
►PARKS BOOKING RECOMMENDATION NO. 2: POLICY THAT the Council Direction Request and Staff Briefing Notes from the Director of Community Services, regarding the Parks Booking Policy, be received; AND FURTHER, THAT staff is directed to bring forward for Council’s consideration, a draft Parks Booking Policy and appropriate draft amendments to the Parks, Trails and Public Places Regulations Bylaw, following a review by legal counsel.
►DEVELOPMENT RECOMMENDATION NO. 3: PERMIT 04/19 (320 – THAT the Council Direction Request and Staff Briefing Notes from the Director of 20TH AVE. S.) Community Services, regarding Development Permit 04/19 for 320 – 20th Avenue South, be received; AND FURTHER, THAT staff is directed to draft Development Permit No. 04/19 to Mireille and William Wittig (the owners) for the property legally described as Lot 1, District Lot 891, Kootenay District Plan 2506, except part included in Plan 6030, PID: 009-936-882, and located at 320 – 20th Avenue South, Creston, to allow for an addition to the existing single family residence, for Council’s consideration at an upcoming Regular Council meeting.
►STRUCTURAL RECOMMENDATION NO. 4: CHANGE APPLIC. THAT the application from Romano’s Runaway Lanes Limited for a Liquor Primary RE 1404 COOK ST. Structural Change from the British Columbia Liquor and Cannabis Regulation Branch, be received; THAT Council supports the application by Romano’s Runaway Lanes Limited for the Structural Change Application to the British Columbia Liquor and Cannabis Regulation Branch, to increase the total occupancy of the liquor service area from 50 persons to 100 persons located at 1404 Cook Street, Creston; AND FURTHER, THAT the Liquor and Cannabis Regulation Branch be advised that Council ‘opts out’ of the public process with respect to this application.
►QUESTION Mr. Jensen Shields asked how the Town would identify or distinguish what was PERIOD considered ‘hate speech’ in public places. The Chief Administrative Officer advised that it is identified under the Criminal Code and is an offence.
st Regular Committee of the Whole Meeting Minutes of January 21 , 2020 Page 3
ADJOURN The Regular Committee of the Whole Meeting held January 21st, 2020, adjourned at 4:49 p.m.
AS TO THE MINUTES OF THIS COMMITTEE OF THE WHOLE MEETING:
______Mayor Ron Toyota Bev Caldwell, Corporate Officer
January 22, 2020
RE: Consultation on amending Schedule 1 of the Species at Risk Act
On October 9, 2019, the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) submitted 56 assessments of species at risk to the federal Minister of the Environment.
On January 7, 2019, the Government of Canada posted the Ministerial Response Statements for these species on the Species at Risk Act (SARA) Public Registry. The Government is now launching consultations on the potential amendment of Schedule 1, the List of Wildlife Species at Risk under SARA. The complete set of statements and the consultation path (normal or extended) for each species are available at: https://www.canada.ca/en/environment-climate-change/services/species-risk-act-accord- funding/listing-process/minister-environment-response-assessments-2019.html.
Environment and Climate Change Canada is seeking comments on the proposed amendment of Schedule 1 resulting from assessments of 17 terrestrial species. Ten of the species included in this national consultation are found in British Columbia (BC). These are:
Carey’s Small Limestone Moss: New listing as Endangered A moss known from three sites on Haida Gwaii
Dalton’s Moss: New listing as Endangered A moss known from one site on Haida Gwaii
Drooping-leaved Beard-moss: New listing as Endangered A moss known from four sites on the west coast of Haida Gwaii
Columbia Quilwort: New listing as Endangered A plant found in extreme southern BC near Castlegar
Dwarf Hesperochiron: New listing as Endangered A perennial plant found a small area of southeastern BC
Hairy Paintbrush: New listing as Endangered An annual plant known from a single site between Salmo and Castlegar, in southern BC
Ute Ladies’-tresses: New listing as Endangered An orchid found from two locations in the south Okanagan Valley, BC
Hudsonian Godwit: New listing as Threatened A large Arctic-nesting shorebird that breeds in, and migrates through, northern BC
Yellow Scarab Hunter Wasp: New listing as Special Concern A large wasp found in the south Okanagan and Similkameen valleys of BC Cryptic Paw Lichen: Reclassification from Special Concern to Threatened A lichen found in moist, old growth forests at lower elevations in BC
Fisheries and Oceans Canada will conduct consultations for 17 aquatic species eligible for addition to the list. Where authorized by a land claims agreement to perform functions in respect of an aquatic wildlife species, Environment and Climate Change Canada and Fisheries and Oceans Canada will consult the wildlife management board.
Additional information on the listing and consultation processes for terrestrial species is available in “Consultation on Amending the List of Species under the Species at Risk Act -Terrestrial Species". This document also includes a questionnaire that provides you guidance on the types of information and comments Environment and Climate Change Canada is seeking. It is posted on the SARA Public Registry at: https://species-registry.canada.ca/index-en.html#/documents/3542.
You are invited to submit comments on the potential impacts of amending the List of Wildlife Species at Risk according to these COSEWIC status assessments. Your comments will be considered and will inform the Minister’s recommendation to Cabinet. Please provide comments by May 7, 2020 for species under a normal consultation process and by October 7, 2020 for species following an extended consultation process. Four terrestrial species, including the Hudsonian Godwit and the Cryptic Paw Lichen, will follow an extended consultation process. There will also be an opportunity to provide comments during the 30- day public consultation period associated with pre-publication in Canada Gazette Part I. More detailed information on individual species is included in the COSEWIC status reports, is available on the SARA Public Registry.
We encourage you to submit your comments to the SARA Public Registry at ec.registrelep- [email protected], or by answering the online survey included in Part 2 of the Consultation Document. You are also welcome to contact our regional office with any questions: Regulatory Affairs Canadian Wildlife Service / Pacific Region Environment and Climate Change Canada 5421 Robertson Rd, RR1 Delta, BC V4K 3N2 [email protected] / Tel: 604-350-1900
Respectfully,
Randal Lake Head, Regulatory Affairs Unit Canadian Wildlife Service, Pacific Region Environment and Climate Change Canada 5421 Robertson Rd, RR1 Delta, BC V4K 3N2 CONSULTATION ON AMENDING THE LIST OF SPECIES UNDER THE SPECIES AT RISK ACT
Terrestrial Species No de cat. : En1-36E-PDF ISBN : 1713-0948
Unless otherwise specified, you may not reproduce materials in this publication, in whole or in part, for the purposes of commercial redistribution without prior written permission from Environment and Climate Change Canada's copyright administrator. To obtain permission to reproduce Government of Canada materials for commercial purposes, apply for Crown Copyright Clearance by contacting:
Environment and Climate Change Canada Public Inquiries Centre 12th Floor, Fontaine Building 200 Sacré-Coeur Boulevard Gatineau QC K1A 0H3 Telephone: 819-938-3860 Toll Free: 1-800-668-6767 (in Canada only) Email: [email protected]
Photos : Dwarf Hesperochiron © Ryan Batten Hudsonian Godwit © Cameron Eckert American Bubble Bee © Victoria MacPhail
© Her Majesty the Queen in Right of Canada, represented by the Minister of Environment and Climate Change Canada, 2020
Aussi disponible en français TABLE OF CONTENT
ADDITION OF SPECIES TO THE SPECIES AT RISK ACT 1 The Species at Risk Act and the List of Wildlife Species at Risk...... 1 COSEWIC and the assessment process for identifying species at risk...... 1 Terms used to define the degree of risk to a species...... 2 Terrestrial and aquatic species eligible for Schedule 1 amendments...... 2 The Minister of Environment and Climate Change’s response to the COSEWIC assessment: the response statement...... 2 Comments solicited on the proposed amendment of Schedule 1...... 2
THE SPECIES AT RISK ACT LISTING PROCESS AND CONSULTATION...... 3 The purpose of consultations on amendments to the List...... 3 Legislative context of the consultations: the Minister’s recommendation to the Governor in Council...... 3 Normal and extended consultation periods...... 3 FIGURE 1: The species listing process under SARA...... 5 Who is consulted, and how...... 6 Role and impact of public consultations in the listing process...... 6
SIGNIFICANCE OF THE ADDITION OF A SPECIES TO SCHEDULE 1...... 7 Protection for listed Extirpated, Endangered and Threatened species...... 7 Recovery strategies and action plans for Extirpated, Endangered and Threatened species...... 8 Permits and agreements...... 8 Protection for listed species of Special Concern...... 9 Management plans for species of Special Concern...... 9 Providing comments...... 9 GLOSSARY 10 ADDITION OF SPECIES TO THE SPECIES AT RISK ACT
THE SPECIES AT RISK ACT AND THE LIST OF https://www.canada.ca/en/environment-climate- WILDLIFE SPECIES AT RISK change/services/committee-status-endangered- wildlife.html. The Government of Canada is committed to preventing the disappearance of wildlife species The complete list of species currently on Schedule 1 at risk from our lands. As part of its strategy for can be viewed on the SAR Public Registry at: realizing that commitment, on June 5, 2003, the https://laws-lois.justice.gc.ca/eng/acts/s-15.3/ Government of Canada proclaimed the Species at page-17.html#h-435647. Risk Act (SARA). Attached to the Act is Schedule 1, the list of the species provided for under SARA, Species become eligible for addition to Schedule 1 also called the List of Wildlife Species at Risk. once they have been assessed as being at risk Extirpated, Endangered and Threatened species by the Committee on the Status of Endangered on Schedule 1 benefit from the protection afforded Wildlife in Canada (COSEWIC). The decision to add by the prohibitions and from recovery planning a species to Schedule 1 is made by the Governor requirements under SARA. Special Concern in Council further to a recommendation from the species benefit from its management planning Minister of Environment and Climate Change. The requirements. Governor in Council is the formal executive body that gives legal effect to decisions that then have The policy “Timeline for amendments to Schedule the force of law. 1 of the Species at Risk Act” has set standardized timelines for listing decisions. These new timelines COSEWIC AND THE ASSESSMENT PROCESS mean that the Minister will seek to have the final FOR IDENTIFYING SPECIES AT RISK decision made within 24 months. The 24 months begin with the date that the Minister receives a COSEWIC is recognized under SARA as the authority species’ status assessment from COSEWIC. This for assessing the status of wildlife species at risk. date is published in the response statement for COSEWIC comprises experts on wildlife species at each species. The Minister’s receives the COSEWIC risk. Its members have backgrounds in the fields of Annual Report at the same time. biology, ecology, genetics, Indigenous traditional knowledge and other relevant fields. They come The response statement can be found on the from various communities, including academia, SAR Registry, on the species’ page, in the documents Indigenous organizations, governments and section. The Timeline for amendments to Schedule non-governmental organizations. 1 of the Species at Risk Act policy can be viewed on the SAR Public Registry at: https://wildlife- COSEWIC gives priority to those species more species.canada.ca/species-risk-registry/document/ likely to become extinct, and then commissions default_e.cfm?documentID=3203 and the a status report for the evaluation of the species’ COSEWIC Annual Report can be viewed at: status. To be accepted, status reports must be peer-reviewed and approved by a subcommittee
CONSULTATION ON AMENDING THE LIST OF SPECIES UNDER THE SPECIES AT RISK ACT − TERRESTRIAL SPECIES 1 of species specialists. In special circumstances, Parks Canada shares responsibility for these species assessments can be done on an emergency basis. with Environment and Climate Change Canada. When the status report is complete, COSEWIC meets to examine it and discuss the species. THE MINISTER OF ENVIRONMENT AND COSEWIC then determines whether the species CLIMATE CHANGE’S RESPONSE TO THE is at risk, and, if so, it then assesses the level of COSEWIC ASSESSMENT: THE RESPONSE risk and assigns a conservation status. STATEMENT After COSEWIC has completed its assessment of a TERMS USED TO DEFINE THE DEGREE OF species, it provides it to the Minister of Environment RISK TO A SPECIES and Climate Change. The Minister of Environment The conservation status defines the degree of risk and Climate Change then has 90 days to post a to a species. The terms used under SARA are response on the Species at Risk Public Registry, Extirpated, Endangered, Threatened and Special known as the response statement. The response Concern. Extirpated species are wildlife species statement provides information on the scope of that no longer occur in the wild in Canada but still any consultations and the timelines for action, exist elsewhere. Endangered species are wildlife to the extent possible. It identifies how long the species that are likely to soon become Extirpated consultations will be (whether they are “normal” or Extinct. Threatened species are likely to become or “extended”) by stating when the Minister will Endangered if nothing is done to reverse the factors forward the assessment to the Governor in Council. leading to their extirpation or extinction. The term Consultations for a group of species are launched Special Concern is used for wildlife species that with the posting of their response statements. may become Threatened or Endangered due to a combination of biological characteristics and COMMENTS SOLICITED ON THE PROPOSED threats. Once COSEWIC has assessed a species AMENDMENT OF SCHEDULE 1 as Extirpated, Endangered, Threatened or Special The conservation of wildlife is a joint legal Concern, it is eligible for inclusion on Schedule 1. responsibility: one that is shared among the For more information on COSEWIC, visit the governments of Canada. But biodiversity will not COSEWIC website at: www.canada.ca/en/ be conserved by governments that act alone. environment-climate-change/services/ The best way to secure the survival of species committee-status-endangered-wildlife.html. at risk and their habitats is through the active participation of all those concerned. SARA TERRESTRIAL AND AQUATIC SPECIES recognizes this, and that all Indigenous peoples ELIGIBLE FOR SCHEDULE 1 AMENDMENTS and Canadians have a role to play in preventing the disappearance of wildlife species from our The Minister of Fisheries and Oceans conducts lands. The Government of Canada is inviting and separate consultations for the aquatic species. encouraging you to become involved. One way For more information on the consultations for that you can do so is by sharing your comments aquatic species, visit the Fisheries and Oceans concerning the addition or reclassification of Canada website at www.dfo-mpo.gc.ca. these terrestrial species. The Minister of Environment and Climate Your comments are considered in relation to Change is conducting the consultations for the potential consequences of whether or not a all other species at risk. species is included on Schedule 1, and they are then Species at risk also occur in national parks or used to inform the drafting of the Minister’s proposed other lands administered by Parks Canada; listing recommendations for each of these species.
CONSULTATION ON AMENDING THE LIST OF SPECIES UNDER THE SPECIES AT RISK ACT − TERRESTRIAL SPECIES 2 THE SPECIES AT RISK ACT LISTING PROCESS AND CONSULTATION
The addition of a wildlife species at risk to Schedule 1 of SARA facilitates providing for its protection and conservation. To be effective, the listing process must be transparent and open. The species listing process under SARA is summarized in Figure 1.
THE PURPOSE OF CONSULTATIONS ON NORMAL AND EXTENDED CONSULTATION AMENDMENTS TO THE LIST PERIODS When COSEWIC assesses a wildlife species, Normal consultations meet the consultation it does so solely on the basis of the best available needs for the listing of most species at risk. The information relevant to the biological status of the consultations last between four and nine months species. COSEWIC then submits the assessment to (known respectively as normal and extended the Minister of Environment and Climate Change, consultation paths). Longer consultations may be who considers it when making the listing needed to ensure appropriate consultations. The recommendation to the Governor in Council. reasons more time may be needed include, but are The purpose of these consultations is to provide not limited to, ensuring appropriate engagement the Minister with a better understanding of the with Indigenous Peoples and complex socioeconomic potential social and economic impacts of the analyses. Consultations are also required with proposed change to the List of Wildlife Species wildlife management boards, which are authorized at Risk, and of the potential consequences of under land claims agreements for functions not adding a species to the List. involving a wildlife species.
LEGISLATIVE CONTEXT OF THE The extent of consultations needs to be proportional to the expected impact of a listing decision and the CONSULTATIONS: THE MINISTER’S time that may be needed to consult. Under some RECOMMENDATION TO THE GOVERNOR circumstances, whether or not a species will be IN COUNCIL included on Schedule 1 could have significant and The comments collected during the consultations widespread impacts on the activities of some inform the Governor in Council’s consideration of groups of people. It is essential that such stakeholders the Minister’s recommendations for listing species have the opportunity to inform the pending decision at risk. The Minister must recommend one of three and, to the extent possible, to provide input on its courses of action. These are for the Governor in potential consequences and to share ideas on how Council to accept the species assessment and best to approach threats to the species. A longer modify Schedule 1 accordingly, not to add the period may also be required to consult appropriately species to Schedule 1, or to refer the species with some groups. For example, consultations can assessment back to COSEWIC for its further take longer for groups that meet infrequently but consideration (Figure 1). that must be engaged on several occasions. For such reasons, extended consultations may be undertaken.
Occasionally, for reasons such as these, the timelines initially set out in the response statement may not be adequate. In such cases, if Governor in
CONSULTATION ON AMENDING THE LIST OF SPECIES UNDER THE SPECIES AT RISK ACT − TERRESTRIAL SPECIES 3 Council does not receive the assessment at the The consultation paths (normal or extended) for time specified in the response statement, within the terrestrial species eligible for an Amendment one month another statement is to be published to Schedule 1” are announced when the Minister on the Registry describing. It will describe the publishes the response statements. reason(s) for the delay and set out next steps. No consultations are undertaken for species already For both normal and extended consultations, once on Schedule 1 and for which no change in status is they are complete, the Minister of Environment and being proposed. Climate Change forwards the species assessments to the Governor in Council for the government’s formal receipt of the assessment. The Governor in Council then has nine months to come to a listing decision.
CONSULTATION ON AMENDING THE LIST OF SPECIES UNDER THE SPECIES AT RISK ACT − TERRESTRIAL SPECIES 4 FIGURE 1: THE SPECIES LISTING PROCESS UNDER SARA
The Minister of Environment and Climate Change receives species assessments from 1 COSEWIC at least once per year.
The competent departments undertake internal review to determine the extent of public consultation and socio-economic analysis 2 necessary to inform the listing decision.
Within 90 days of receipt of the species assessments prepared by COSEWIC, the Minister of Environment and Climate Change publishes a response statement 3 on the SARA Public Registry that indicates how he or she intends to respond to the assessment and, to the extent possible, provides timelines for action.
Where appropriate, the competent departments undertake consultations and any other relevant analysis needed to prepare 4 the advice for the Minister of Environment and Climate Change.
The Minister of Environment and Climate Change forwards the assessment to the Governor in Council for receipt. This generally occurs within twelve months of posting 5 the response statement, unless further consultation is necessary.
Within nine months of receiving the assessment, the Governor in Council, on the recommendation of the Minister of Environment and Climate Changemay decide 6 whether or not to list the species under Schedule 1 of SARA or refer the assessment back to COSEWIC for further information or consideration.
Once a species is added to Schedule 1, it benefits from the applicable provisions 7 of SARA.
CONSULTATION ON AMENDING THE LIST OF SPECIES UNDER THE SPECIES AT RISK ACT − TERRESTRIAL SPECIES 5 WHO IS CONSULTED, AND HOW concerned groups and individuals who have made It is most important to consult with those who their interests known. These include, but are not would be most affected by the proposed changes. limited to, industries, resource users, landowners There is protection that is immediately in place and environmental non-governmental organizations. when a species that is Extirpated, Endangered In most cases, it is difficult for Environment and or Threatened is added to Schedule 1 (for more Climate Change Canada to fully examine the details, see below, “Protection for listed Extirpated, potential impacts of recovery actions when species Endangered and Threatened species”). This are being considered for listing. Recovery actions immediate protection does not apply to species for terrestrial species usually have not yet been of Special Concern. The nature of the protection comprehensively defined at the time of listing, so depends on the type of species, its conservation their impact cannot be fully understood. Once they status, and where the species is found. are better understood, efforts are made to minimize Environment and Climate Change Canada takes adverse social and economic impacts of listing this into account during the consultations; those and to maximize the benefits. SARA requires that who may be affected by the impacts of the recovery measures be prepared in consultation with automatic protections are contacted directly, those considered to be directly affected by them. others are encouraged to contribute through a variety of approaches. In addition to the public, Environment and Climate Change Canada consults on listing with the Indigenous peoples known to have species at risk on governments of the provinces and territories with their lands, for which changes to Schedule 1 are being lead responsibility for the conservation and considered, will be contacted. Their engagement is of management of these wildlife species. Environment particular significance, acknowledging their role in the and Climate Change Canada also consults with management of the extensive traditional territories other federal departments and agencies. and the reserve and settlement lands.
A Wildlife Management Board is a group that has ROLE AND IMPACT OF PUBLIC been established under a land claims agreement CONSULTATIONS IN THE LISTING PROCESS and is authorized by the agreement to perform The results of the public consultations are of great functions in respect of wildlife species. Some significance to informing the process of listing eligible species at risk are found on lands where species at risk. Environment and Climate Change existing land claims agreements apply that give Canada carefully reviews the comments it receives specific authority to a Wildlife Management Board. to gain a better understanding of the benefits and In such cases, the Minister of Environment and costs of changing the List. Climate Change will consult with the relevant board. The comments are then used to inform the To encourage others to contribute and make Regulatory Impact Analysis Statement (RIAS). the necessary information readily available, this The RIAS is a report that summarizes the impact document is distributed to known stakeholders and of a proposed regulatory change. It includes posted on the Species at Risk Public Registry. More a description of the proposed change and an extensive consultations may also be done through analysis of its expected impact, which takes into regional or community meetings or through a more account the results of the public consultations. In targeted approach. developing the RIAS, the Government of Canada recognizes that Canada’s natural heritage is an Environment and Climate Change Canada also integral part of our national identity and history and sends notice of the consultations to identified that wildlife in all its forms has value in and of itself.
CONSULTATION ON AMENDING THE LIST OF SPECIES UNDER THE SPECIES AT RISK ACT − TERRESTRIAL SPECIES 6 The Government of Canada also recognizes publication of the draft Order and the RIAS in the that the absence of full scientific certainty is not Canada Gazette, Part I. The Minister then makes a a reason to postpone decisions to protect the final listing recommendation for each species to environment. the Governor in Council. The Governor in Council next decides either to accept the species assessment A draft Order is then prepared, providing notice and amend Schedule 1 accordingly; or not to add that a decision is being taken by the Governor in the species to Schedule 1; or to refer the species Council. The draft Order proposing to list all or assessment back to COSEWIC for further information some of the species under consideration is then or consideration. The final decision is published in published, along with the RIAS, in the Canada the Canada Gazette, Part II, and on the Species at Gazette, Part I, for a comment period of 30 days. Risk Public Registry. If the Governor in Council The Minister of Environment and Climate Change decides to list a species, it is at this point that it will take into consideration comments and any becomes legally included on Schedule 1. additional information received following
SIGNIFICANCE OF THE ADDITION OF A SPECIES TO SCHEDULE 1
The protection that comes into effect following the addition of a species to Schedule 1 depends upon a number of factors. These include the species’ status under SARA, the type of species and where it occurs.
PROTECTION FOR LISTED EXTIRPATED, applies only where they are on lands under the ENDANGERED AND THREATENED SPECIES authority of the Minister of Environment and Climate Change or the Parks Canada Agency. Responsibility for the conservation of wildlife is shared among the governments of Canada. SARA Migratory birds are protected by the Migratory establishes legal protection for individuals as soon Birds Regulations, under the Migratory Birds as a species is listed as Threatened, Endangered Convention Act, 1994, which strictly prohibits or Extirpated, and, in the case of Threatened and the harming of migratory birds and the disturbance Endangered species, for their residences. This or destruction of their nests and eggs. For more applies to species considered federal species information, please refer to the Regulations for or if they are found on federal land. the complete list of prohibitions: https://laws-lois. justice.gc.ca/eng/regulations/C.R.C.%2C_c._1035/ Federal species include migratory birds, as defined index.html. by the Migratory Birds Convention Act, 1994, and aquatic species covered by the Fisheries Act. SARA’s protection for individuals makes it an Federal land means land that belongs to the offence to kill, harm, harass, capture or take federal government, and the internal waters and an individual of a species listed as Extirpated, territorial sea of Canada. It also means land set Endangered or Threatened. It is also an offence apart for the use and benefit of a band under the to damage or destroy the residence of one or Indian Act (such as reserves). In the territories, the more individuals of an Endangered or Threatened protection for species at risk on federal lands species or an Extirpated species whose
CONSULTATION ON AMENDING THE LIST OF SPECIES UNDER THE SPECIES AT RISK ACT − TERRESTRIAL SPECIES 7 reintroduction has been recommended by a Recovery strategies must be prepared for all recovery strategy. The Act also makes it an offence Extirpated, Endangered and Threatened species. to possess, collect, buy, sell or trade an individual They include measures to mitigate the known of a species that is Extirpated, Endangered or threats to the species and its habitat and set the Threatened. population and distribution objectives. Other objectives can be included, such as stewardship, Species at risk that are neither aquatic nor to conserve the species, or education, to increase protected under the Migratory Birds Convention public awareness. Recovery strategies must Act, 1994, nor on federal lands, do not receive include a statement of the time frame for the immediate protection upon listing under SARA. development of one or more action plans that will Instead, in most cases, the protection of terrestrial state the measures necessary to implement the species on non-federal lands is the responsibility recovery strategy. To the extent possible, recovery of the provinces and territories where they are strategies must also identify the critical habitat of found. The application of protections under SARA the species, which is the habitat necessary for the to a species at risk on non-federal lands requires survival or recovery of the species. If there is not that the Governor in Council make an order defining enough information available to identify critical those lands. This can only occur when the Minister habitat, the recovery strategy includes a schedule is of the opinion that the laws of the province or of studies required for its identification. This territory do not effectively protect the species. To schedule outlines what must be done to obtain the put such an order in place, the Minister would then necessary information and by when it needs to be need to recommend the order be made to the done. In such cases, critical habitat can be Governor in Council. If the Governor in Council identified in a subsequent action plan. agrees to make the order, the prohibitions of SARA would then apply to the provincial or territorial Proposed recovery strategies for newly listed lands specified by the order. The federal government species are posted on the Species at Risk Public would consult before making such an order. Registry to provide for public review and comment. For Endangered species, proposed recovery RECOVERY STRATEGIES AND ACTION PLANS strategies are posted within one year of their FOR EXTIRPATED, ENDANGERED AND addition to Schedule 1, and for Threatened or THREATENED SPECIES Extirpated species, within two years. Recovery planning results in the development of Once a recovery strategy has been posted as final, recovery strategies and action plans for Extirpated, one or more action plans based on the recovery Endangered or Threatened species. It involves the strategy must then be prepared. These include different levels of government responsible for the measures to address threats and achieve the management of the species, depending on what population and distribution objectives. Action plans type of species it is and where it occurs. These also complete the identification of the critical habitat include federal, provincial and territorial governments where necessary and, to the extent possible, state as well as Wildlife Management Boards. Recovery measures that are proposed to protect it. strategies and action plans are also prepared in cooperation with directly affected Indigenous PERMITS AND AGREEMENTS organizations. Landowners and other stakeholders For terrestrial species listed on SARA Schedule 1 directly affected by the recovery strategy are as Extirpated, Endangered or Threatened, the consulted to the extent possible. Minister of Environment and Climate Change may authorize exceptions to the Act’s prohibitions,
CONSULTATION ON AMENDING THE LIST OF SPECIES UNDER THE SPECIES AT RISK ACT − TERRESTRIAL SPECIES 8 when and where they apply. The Minister can enter MANAGEMENT PLANS FOR SPECIES OF into agreements or issue permits only for one of SPECIAL CONCERN three purposes: for research, for conservation For species of Special Concern, management activities, or if the effects to the species are plans are to be prepared and made available on incidental to the activity. Research must relate the Species at Risk Public Registry within three to the conservation of a species and be conducted years of a species’ addition to Schedule 1, allowing by qualified scientists. Conservation activities for public review and comment. Management plans must benefit a listed species or be required to include appropriate conservation measures for the enhance its chances of survival. All activities, species and for its habitat. They are prepared in including those that incidentally affect a listed cooperation with the jurisdictions responsible for species, its individuals, residences or critical the management of the species, including directly habitat must also meet certain conditions. First, it affected Wildlife Management Boards and must be established that all reasonable alternatives Indigenous organizations. Landowners, lessees to the activity have been considered and the best and others directly affected by a management solution has been adopted. Second, it must also be plan will also be consulted to the extent possible. established that all feasible measures will be taken to minimize the impact of the activity on the listed PROVIDING COMMENTS species. Finally, it must be established that the activity will not jeopardize the survival or recovery The involvement of Canadians is integral to the of the species. Having issued a permit or agreement, listing process, as it is to the ultimate protection the Minister must then include an explanation on of Canadian wildlife. Your comments matter and the Species at Risk Public Registry of why the are given serious consideration. ECCC will review permit or agreement was issued. all the comments that it receives by the deadlines provided in consultation materials.
PROTECTION FOR LISTED SPECIES OF For any information on the Species at Risk Act, SPECIAL CONCERN please visit the Species at Risk Public Registry at: While immediate protection under SARA for www.canada.ca/en/environment-climate-change/ species listed as Extirpated, Endangered and services/species-risk-public-registry.html. Threatened does not apply to species listed as Special Concern, any existing protections and prohibitions, such as those provided by the Migratory Birds Convention Act, 1994 or the Canada National Parks Act, continue to be in force.
CONSULTATION ON AMENDING THE LIST OF SPECIES UNDER THE SPECIES AT RISK ACT − TERRESTRIAL SPECIES 9 GLOSSARY
Aquatic species: A wildlife species that is a fish Down-listing: A revision of the status of a species as defined in section 2 of the Fisheries Act or a on Schedule 1 to a status of lower risk. A revision of marine plant as defined in section 47 of the Act. the status of a Schedule 1 species to a higher risk The term includes marine mammals. status would be up-listing.
Canada Gazette: The Canada Gazette is one Federal land: Any land owned by the federal of the vehicles that Canadians can use to access government, the internal waters and territorial sea laws and regulations. It has been the “official of Canada, and reserves and other land set apart for newspaper” of the Government of Canada since the use and benefit of a band under theIndian Act. 1841. Government departments and agencies as well as the private sector are required by law to publish Governor in Council: The Governor General of certain information in the Canada Gazette. Notices Canada acting on the advice of the Queen’s Privy and proposed regulations are published in the Council for Canada, the formal executive body that Canada Gazette, Part l, and official regulations are gives legal effect to those decisions of Cabinet that published in the Canada Gazette, Part Il. For more are to have the force of law. information, please visit http://gazetteducanada.gc.ca. Individual: An individual of a wildlife species, Canadian Endangered Species Conservation whether living or dead, at any developmental Council: The Council is made up of federal, stage, and includes larvae, embryos, eggs, sperm, provincial and territorial ministers with responsibilities seeds, pollen, spores and asexual propagules. for wildlife species. The Council’s mandate is to Order: An order issued by the Governor in Council, provide national leadership and coordination for either on the basis of authority delegated by legislation the protection of species at risk. or by virtue of the prerogative powers of the Crown.
COSEWIC: The Committee on the Status of Response statement: A document in which Endangered Wildlife in Canada. The Committee the Minister of Environment and Climate Change comprises experts on wildlife species at risk. Their indicates how he or she intends to respond to backgrounds are in the fields of biology, ecology, the COSEWIC assessment of a wildlife species. genetics, Indigenous traditional knowledge and A response statement is posted on the Species at other relevant fields. These experts come from Risk Public Registry within 90 days of receipt of the various communities, including, among others, assessment by the Minister, and provides timelines government and academia. for action to the extent possible.
COSEWIC assessment: COSEWIC’s assessment RIAS: Regulatory Impact Analysis Statement. or re-assessment of the status of a wildlife species, A document that provides an analysis of the based on a status report on the species that COSEWIC expected impact of a regulatory initiative and either has had prepared or has received with an which accompanies an Order in Council. application.
CONSULTATION ON AMENDING THE LIST OF SPECIES UNDER THE SPECIES AT RISK ACT − TERRESTRIAL SPECIES 10 Species at Risk Public Registry: Developed Northwest Territories, British Columbia, and as an online service, the Species at Risk Public Nunavut, Wildlife Management Boards are the Registry has been accessible to the public since “main instruments of wildlife management” proclamation of the Species at Risk Act (SARA). within their settlement areas. In this role, Wildlife The website gives users easy access to documents Management Boards not only establish, modify and and information related to SARA at any time and remove levels of total allowable harvest of a variety location with Internet access. It can be found at of wildlife species, but also participate in research www.canada.ca/en/environment-climate-change/ activities, including annual harvest studies, and services/species-risk-public-registry.html. approve the designation of species at risk in their settlement areas. Schedule 1: A schedule of SARA, also known as the List of Wildlife Species at Risk, which presents Wildlife Species: Under SARA, a species, the list of species protected under SARA. subspecies, variety, or geographically or genetically distinct population of animal, plant or other organism, Up‑listing: A revision of the status of a species other than a bacterium or virus. To be eligible for on Schedule 1 to a status of higher risk. A revision inclusion under SARA, a wildlife species must be of the status of a Schedule 1 species to a lower risk wild by nature and native to Canada. Non-native status would be down-listing. species that have been here for 50 years or more Wildlife Management Board: Established can be considered eligible if they came without under the land claims agreements in northern human intervention. Quebec, Newfoundland and Labrador, Yukon,
CONSULTATION ON AMENDING THE LIST OF SPECIES UNDER THE SPECIES AT RISK ACT − TERRESTRIAL SPECIES 11 From: Rural Evidence Review Cc: Carthew, Christine Subject: UBC-Rural Evidence Review Project-Follow Up Date: Friday, January 10, 2020 2:05:49 PM Attachments: c.png RER Survey Findings - Summary and Map - August 2019 - Final.pdf RSON OOP Costs Survey Flyer - PDF.pdf
Dear Mayor and Council,
I am writing to you from the Centre for Rural Health Research, within UBC’s Department of Family Practice. Our team reached out to your community earlier this year to share information about an ongoing research study to understand rural and remote community priorities for health care across British Columbia: the Rural Evidence Review project (led by Dr. Jude Kornelsen). The Rural Evidence Review (RER) has funding under Canada’s Strategy for Patient-Oriented Research to work with rural citizens to provide high-quality and useful evidence for rural health care planning in BC. To do this, we ask rural citizens about the health care priorities that matter the most to their communities and share what we learn with policy- and decision-makers, and rural communities across BC.
Thank you to your community for support to share information about the project with the residents of your area – we are so grateful! Through telephone interviews and an online survey, our team has heard from approximately 1,500 people across 211 rural BC communities about their health care needs and priorities. I have attached to this email a summary write-up of the survey findings, as well as a map of the survey responses across the province. The summary report can also be accessed here: bit.ly/RERsurveysummary. Please also note that this survey is ongoing and will remain active until the project’s end, March 2021. The survey is available here: bit.ly/ruralevidencereview.
We heard from survey participants about the difficulties that they experienced when travelling to other communities for care, including financial costs to patients and their families (costs that are not often considered when services are planned). To follow up, we have created a survey to understand patients' out-of-pocket costs when travelling for health care. The voices and experiences of rural citizens-patients are critical for health care planning. We will use the findings to create a complete understanding of what it costs when health services are not available locally. As always, we will share the findings with the Health Authorities and the Ministry of Health, and rural communities across BC. I have attached a flyer with more information about the survey. The survey is available until January 31, 2020 and can be accessed here: bit.ly/CostsRural.
We would be most appreciative if you could share information about both surveys, including the initial findings of the first survey and links to access both surveys, with the residents of your community.
Thank you for your support for this work to improve rural health services in BC.
Sincerely, The RER Team
Principal Investigator: Jude Kornelsen, PhD Associate Professor, Department of Family Practice, University of British Columbia (UBC) Co-Director, Centre for Rural Health Research E: [email protected] T: (250) 653-4325
Research Coordinator: Christine Carthew, MPH Centre for Rural Health Research, Department of Family Practice, UBC E: [email protected] T: (604) 827-2193
I acknowledge that my place of work is located within the ancestral, traditional and unceded territory of the xʷməθkʷəy̓əm (Musqueam) First Nation.
Word cloud of main themes from survey responses. 2 1
1Data from April 16, 2018 to July 10, 2019.
4
5 Survey Response Map British Columbia, Canada
Atlin
Fort Nelson
Toad River Prophet River
Charlie Lake Baldonnel Fort St John Hudson’s Hope Dawson Creek Hazelton Chetwynd Hazelton East Pine New Hazelton Mackenzie Smithers Tumbler Ridge Terrace Fort St James Prince Topley Masset Rupert Houston Fraser Prince George Port Burns Lake Lake Kitimat Vanderhoof Clements Endako Fort Fraser Survey Responses Mapped: 1301 Southbank
QuesnelQuesnelQuesnel
Bella Coola Valemount Nimpo Lake Williams Lake 105 Mile House Survey Response Frequency Canim lake 100 Mile 29 Clearwater House Vavenby Lone Butte 24 Louis lake Invermere 25 34 45 Spillimacheen Cache Creek 31 Blind Bay 50 Ashcroft 6 Radium Hot Springs 150 Clinton 61 33 10 Revelstoke Windermere Port Hardy Port McNeill Gold Bridge 32 Salmon Arm 18 19 21 Fairmont Hot Springs Alert Bay 55 11 12 8 62 16 22 Mabel Lake Sayward Bralorne 17 5 23 Canal Flats Cortes Island 44 New Elkford Kyoquot Lytton 56 4 New Gold River 36 Lund Denver Sparwood Powell Texada IslandMerritt Falkland Nakusp 15 Kaslo River Slocan 30 Sechelt 1 52 38 Tahsis 43 41 Hosmer 50 Nelson 2 47 40 3 Bowen Island Summerland 35 48 26 9 42 27 Hedley Robson 51 14 Ja ray Hedley 20 Hornby Island 64 537 34 Ymir Halfmoon Hope 60 Elko Tofino 37 39 28 54 Bay Oliver 49 Kimberley Fernie 59 Osoyoos 63 57 58 13 10 Ucluelet Gibsons Grasmere Gabriola Island Bridesville Trail Montrose Duncan 46 Salt Spring Island Rossland Saanich Greenwood 5 Sooke Castlegar Shirley Grand Forks
1. Silverton 2. Winlaw 3. Cranbrook 4. Cherryville 5. Enderby 6. Barriere 7. Fruitvale 8. Sicamous 9. Harrop 10. Lee Creek 11. Tappen 12. Chase 13. Warfield 14. Wycli e 15. Hills 16. Shuswap 17. Logan lake 18. Scotch Creek 19. Celista 20. Naramata 21. Eagle Bay 22. Swansea Point 23. Mara Lake 24. Roches, Lac des 25. Bridge Lake 26. Crescent Valley 27. Coombs 28. Sunshine Valley 29. Lac la Hache 30. Ta Ta Creek 31. Loon Lake 32. Lillooet 33. Walhachin 34. Thrums 35. Shoreacres 36. Savary Island 37. Kyuquot 38. Riondel 39. Agassiz 40. Gray Creek 41. Wasa 42. Boswell 43. Kootenay Bay 44. Lower Nicola 45. 70 Mile House 46. Cobble Hill 47. Vallican 48. Wilson Creek 49. Creston 50. Harrogate 51. Bonnington 52. Balfour 53. Krestova 54. Long Beach 55. Spences Bridge 56. Sorrento 57. Midway 58. Christina Lake 59. Chemainus 60. Okanagan Falls 61. St. Ives 62. Lac Le Jeune 63. Rock Creek 64. Princeton
Data Source: Centre for Rural Health Research, Abacus Dataverse Network, Data BC Catalogue, Google Maps
Created on 14th June, 2019 by: CRHR | Department of Family Practice | UBC Updated on 18th July, 2019 Data Collected from: April 16th, 2018 - July 9th, 2019
Have you had to travel for health care?
If you were 19 years of age or older AND living in a rural BC community when you had to travel to access health care, we would like to hear from you!
We invite you to complete a 15-25 minute anonymous online survey for a research study on experiences and costs for rural patients accessing health care.
Everyone who completes the survey will be entered into a draw for one of three Amazon gift cards, valued at $50, $150, and $250!
Survey link: Bit.ly/CostsRural
The researchers conducting this study are Drs. Jude Kornelsen and Asif Khowaja (University of British Columbia). The “Rural Surgical and Obstetrical Networks (RSON) Evaluation Study” is funded by the Joint Standing Committee for Rural Issues. Please contact Eva Sullivan at [email protected] or 604-827-2147 for more information.
From: Paul Gravett [mailto:[email protected]] Sent: Tuesday, January 21, 2020 8:30 AM Subject: Heritage Week 2020 Proclamation
Dear Mayor and Councillors,
Heritage Week takes place across Canada from February 17 to 23, 2020 and each year the Province of BC recognizes the importance of our collective heritage with an official proclamation. We are asking you to consider the influence heritage and history have on your community and to also officially recognize Heritage Week with a proclamation.
To support our request, we have assembled proclamation statements that have been used by other BC communities. These statements can be found below.
Every year, we mail over 1,000 posters to local governments, libraries, heritage organizations and museums. This year the theme of Heritage Week is:
HERITAGE WEEK 2020: BRINGING THE PAST INTO THE FUTURE Feb 17–23, 2020
Heritage is our legacy from the past, what we live with today and we pass on to future generations. Our cultural and natural heritage are both irreplaceable sources of life and inspiration, our touchstone, our reference point, our identity.
We thank you for your consideration in recognizing the importance of your community’s heritage.
Sincerely,
Paul Gravett Executive Director
SAMPLE STATEMENTS
Heritage Week 2020 Proclamation Sample Statements
WHEREAS the (name of the local or regional government) recognizes the importance of protecting and conserving our rich and diverse heritage by proclaiming Heritage Week;
WHEREAS the theme for Heritage Week 2020 is Heritage: Bringing the Past into the Future;
WHEREAS Heritage Week is held to recognize the legacy that is the foundation of our community, connecting our citizens through shared values and creating a place of pride and social well-being;
WHEREAS heritage creates and encourages economic activity, job creation, and tourism;
WHEREAS our community is enhanced and sustained by its heritage places and spaces;
WHEREAS our community celebrates the past and future by embracing, exploring and enjoying our enduring heritage;
WHEREAS we acknowledge that all people of our community contribute to our rich and cultural heritage;
WHEREAS we recognize our cultural and natural heritage are irreplaceable sources of life and inspiration, our touchstone, our reference point, and our identity;
Be it resolved that the (name of the local or regional government) hereby proclaims February 17 – 23, 2020 as “Heritage Week”.
Paul Gravett Executive Director Heritage BC
604-816-4183
mailing address: Suite 864, 104-1015 Columbia Street New Westminster, BC V3M 6V3 www.heritagebc.ca Facebook: Heritage BC Twitter: @HeritageBCanada
As an organization of provincial scope, Heritage BC recognizes that its members, and the local history and heritage they seek to preserve, occupy the lands and territories of B.C.’s Indigenous peoples. Heritage BC asks its members to reflect on the places where they reside and work, and to respect the diversity of cultures and experiences that form the richness of our provincial heritage.
From: Ferd Schmidt To: Bev Caldwell Subject: Fwd: Parking stalls for Renovation at Panago Date: Thursday, January 23, 2020 10:59:48 AM
Sent from my iPhone
Begin forwarded message:
From: Dan Cull
Dear Creston Council, I, Daniel Cull, owner of Panago Creston located at 1029 Canyon Street, am in need of two parking stalls to assist in an upcoming renovation project on my store. The renovation is franchise mandated and organized, and requires one space for a C-Can (approximately parking spot sized), and a second for a disposal bin for demolished materials being removed from the store. Both spots would be required from approximately February 9th through 26th. Assistance in this matter is appreciated, as it would greatly simplify the flow of materials and tools to and from the store, preventing traffic issues or accidents, and saving time for all involved.
Thank you for your consideration of this proposal,
Daniel Cull Panago Creston (250)919-8337 Request from Panago Creston for use of Parking spaces in Cook Street parking lot From approximately February 9th to 26th, 2020
REQUEST FOR DECISION (RFD) Town of Creston
Action Date: January 28 2020 File: 3060.20.19.04
SUBJECT: Development Permit 04/19: 320 – 20th Avenue South
RECOMMENDATION: THAT Council direct Staff to issue Development Permit 04/19 to Mireille and William Wittig for the property legally described as Lot 1, District Lot 891, Kootenay District, Plan 2506, except part included in Plan 6030 (PID 009-936-882), and located at 320 – 20th Avenue South, to allow for the development of an addition to the existing single family dwelling.
CAO COMMENTS:
RECOMMENDATION Report / Document: Attached ☒ Available ☐ Nil ☐
KEY ISSUE(S) / CONCEPTS DEFINED: The purpose of this Development Permit (DP) is to allow for the development of an addition to the existing single family dwelling located at 320-20th Avenue South, which is located in Development Permit Areas (DPAs) 2 and 3. Background and DP conformance information are found in the attached Staff Briefing Note presented at the January 21st, 2020 Committee of the Whole Meeting. This DP includes a variance to Zoning Bylaw No. 1123, 1989 redefining the front lot line to abut 20th Avenue South rather than Elm Street.
RELEVANT POLICY: Official Community Plan, DPA 3 – Multi-Family Residential, defines the justification and guidelines by which Development Permits in DPA 3 are to be considered for approval. The development meets exception requirements for DPA 2 – Environmentally Sensitive Area.
STRATEGIC RELEVANCE: DPs are considered based on guidelines outlined in the Official Community Plan.
DESIRED OUTCOME(S): Successful development in accordance with DPA 3 guidelines.
RESPONSE OPTIONS: Possible ways to achieve the main result with analysis highlights 1. Council approve DP 04/19; or, 2. Council deny DP 04/19; or, 3. Other, as per Council decision.
PREFERRED STRATEGY: Option 1. The development appears to be in conformance to the applicable DPA requirements.
IMPLICATIONS OF RECOMMENDATION: GENERAL: Variance places larger setback on the higher volume road. Development permitted to proceed. ORGANIZATIONAL: Staff to manage DP process as part of regular duties. FINANCIAL: None noted. FOLLOW UP ACTION: Registration of DP on Title. Owner consultation with Building Inspector. COMMUNICATION: Continued contact with owner through DP registration and development process. OTHER COMMENTS:
Ross Beddoes Submitted by: Endorsed by: Joel Comer, MSC Ross Beddoes, DCS
Reviewed by: CAO Michael Moore Reviewers
\\files\toc\CORPORATE SERVICES\COUNCIL\_MEETINGS\COUNCIL\2020 - Council Agenda Packages\01-28-2020\RFD re Ver. 2018-11-26 320-20th Ave S.docx
Town of Creston Development Permit No. DP-04/19
TO: WILLIAM KARL WITTIG and MIREILLE YVONNE WITTIG 4799 – 32nd Street Canyon, BC, V0B 1C1 (the “Owners”)
1. This Development Permit is issued subject to compliance with all of the bylaws of the Municipality applicable thereto, except as specifically varied or supplemented by this Permit.
2. This Development Permit applies to and only to those lands within the Municipality described below, and any and all buildings, structures and other development thereon:
LOT 1, DISTRICT LOT 891, KOOTENAY DISTRICT, PLAN 2506, EXCEPT PART INCLUDED IN PLAN 6030 (PID 009-936-882)
BEING LOCATED AT 320 – 20TH AVENUE SOUTH
(the ”Land”, generally as shown on the attached Location Plans).
3. This Permit has the effect of authorizing the alteration of the Land and the construction of the buildings and structures on the Land in accordance with the following plans and specifications attached to this Permit, and subject to all applicable laws and to the conditions, requirements and standards imposed and agreed to in Sections 5 and 6 of this Permit:
a. Appendix ‘A’ –Landscape Plan b. Appendix ‘B’ – Building Drawings
(collectively, the “Development Plans”).
4. This Permit shall not have the effect of varying the use or density of the Land nor a flood plain specification.
5. The Permittee, as a condition of issuance of this permit, agrees to:
a. Construct the building, develop the Lands, and protect, establish and maintain landscaping, trees and vegetation substantially in conformity with the Development Plans;
6. This Permit varies Zoning Bylaw No. 1123, 1989, Part 3 – Definitions, “Lot line- front”, from “means the boundary line of a lot and a street on which the line abuts. Where a lot has lot lines abutting two streets, the lot line with the shorter distance abutting a street shall be the front line.” to “means the boundary line of a lot and a street on which the line abuts. Where a lot has lot lines abutting two streets, the lot line with the longer distance abutting a street shall be the front line.” 6. This Permit is issued on the condition that the Permittee has provided to the Municipality, security in the form of an Irrevocable Letter of Credit (or other Page 1 of 8
acceptable security) to guarantee the performance of the conditions in Section 5 of this Permit respecting landscaping and/or to correct any unsafe condition which may result from a contravention of the conditions in this Permit. The security provided shall be for a period of 24 months and shall be in the amount of $2,000.00. NOT REQUIRED
7. Should the Permittee fail to satisfy the conditions referred to in section 5 of this Permit, the Municipality may undertake and complete the works required to satisfy the landscaping condition(s) or carry out any construction required to correct an unsafe condition(s), at the cost of the Permittee, and may apply the security in payment of the cost of the work, with any excess being returned to the Permittee. NOT APPLICABLE AS PER SECTION 6
8. Notice of this Permit shall be filed in the Land Titles Office at Kamloops, BC according to the Local Government Act and, upon such filing, the terms of this Permit or any amendment hereto shall be binding upon all persons who acquire an interest in the land affected by this Permit.
9. The Land shall be developed strictly in accordance with the terms and conditions and provisions of this Permit and any plans and specifications attached hereto which shall form a part hereof.
10. If the Permittee does not commence the construction permitted by this Permit within two years of the date of this Permit, this Permit shall lapse.
10. This Permit prevails over the provisions of the Bylaw, in the event of a conflict.
11. This Permit is not a Building Permit.
Approval of this Permit by Resolution No. ______of the Council of the Town of Creston was given on the ____ day of ______, 2020.
This Permit was issued on the ____ day of ______, 2020.
This Permit in no way relieves the owner(s) or occupier(s) of the responsibility of adhering to all other legislation of responsible authorities which may apply to the Land.
Town of Creston
Ron Toyota, Mayor
Bev Caldwell, Corporate Officer
Page 2 of 8
Location Plans
Page 3 of 8
Page 4 of 8
Appendix ‘A’ –Landscape Plan
Page 5 of 8
Appendix ‘B’ – Building Drawings
Page 6 of 8
Page 7 of 8
Page 8 of 8
REQUEST FOR DECISION (RFD) Town of Creston
Action Date: 2020-01-28 File: File No.
SUBJECT: Amendments to Property Maintenance Bylaw and Bylaw Notice Enforcement Bylaw – Pests and Vermin Regulations RECOMMENDATION: THAT Council give three readings to Property Maintenance Amendment Bylaw No. 1906, 2020; AND FURTHER THAT Council give three readings to Bylaw Notice Enforcement Amendment Bylaw No. 1907, 2020.
CAO COMMENTS: Any additional comments regarding the reason for the recommendation.
RECOMMENDATION Report / Document: Attached ☒ Available ☐ Nil ☐
KEY ISSUE(S) / CONCEPTS DEFINED: Addition of “Pests and Vermin” section to the Property Maintenance Bylaw will serve to outline property owners/occupiers responsibilities for ensuring the prevention and abatement of pests and vermin.
RELEVANT POLICY: Creston’s Property Maintenance Bylaw prohibits unsightly premises and the accumulation of refuse and water.
STRATEGIC RELEVANCE: Clarity regarding property owner/occupier responsibilities for prevention and abatement of pests and vermin as related to property maintenance concerns.
DESIRED OUTCOME(S): Reduction and prevention of pests and vermin in the Town of Creston.
RESPONSE OPTIONS: Possible ways to achieve the main result with analysis highlights 1. Council give three readings to Property Maintenance Amendment Bylaw No. 1907; and Fees and Charges Amendment Bylaw No. 1908; or, 2. Council request additional information (to be specified); or, 3. Other, as per Council decision.
PREFERRED STRATEGY: Option 1
IMPLICATIONS OF RECOMMENDATION: GENERAL: Clarity regarding property owner responsibilities to prevent and abate pests and vermin. Changes to common composting, pet/bird feeding, and food production practices. ORGANIZATIONAL: Increased Bylaw Enforcement requirements. FINANCIAL: Potential occasional enforcement costs related to non-compliance. FOLLOW UP ACTION: Bylaw adoption. COMMUNICATION: Property owner/occupier education on case-by-case basis, as required. OTHER COMMENTS: By others reviewing this RFD
Submitted by: Ross Beddoes Endorsed by: Other Ross Beddoes, Director of Community Services
Reviewed by: CAO Mike Moore Reviewers
\\Files\toc\COMMUNITY SERVICES\DEVELOPMENT SERVICES\2019\Projects\Property Maintenance - Ver. 2018-11-26 Vermin\Council\Request for Decision.docx
STAFF BRIEFING NOTE Town of Creston
DATE: 2019-12-10 TO: Michael Moore, Chief Administrative Officer CC: Joel Comer, Municipal Services Coordinator FROM: Ross Beddoes, Director of Community Services DEPARTMENT: Community Services SUBJECT: Rodent and Vermin Regulation APPENDIX: ☐ ATTACHED ☐ OTHER DOCUMENT ☒ NOT APPLICABLE
PURPOSE / ISSUE: The development of regulatory bylaw to control rodent and vermin population.
BACKGROUND: At the September 17th, 2019 Regular Council Meeting a delegation presented concepts for the mitigation of rats in the Town of Creston including:
- Staff training on recognizing rat activity and appropriate mitigation / disposal measures for public and private property. - Public education through direct mailing, website, and social media. - Provision of a safe disposal drop-off for rat carcasses and instructions. - Research the use of fertility control technology. - Formation of an ongoing committee with Town employees and citizens for the monitoring of rat control measures.
The Province of British Columbia considers rodent and vermin control the responsibility of the property owner / occupant.
CURRENT SITUATION: Rats have been found in the Kootenays and Creston Valley for decades, with recent concern that there is an increase in population, as suggested by recent news articles from around the region.
On March 26th, 2019 Council approved a Discretionary Grant Request to contribute funding to the WildSafeBC Selkirk-Purcells Program. WildsafeBC provides public education for residents and visitors regarding the management of wildlife and rodent attractants, and limiting of human-wildlife conflicts. Resource pamphlets regarding rats and other animals are available at Town Hall, and Town staff refer public requests for mitigation information to the WildSafeBC Community Coordinator.
The municipal website includes a webpage outlining responsibilities of the Town and residents, mitigation resources, disposal methods, and contact information for pest control companies.
The municipality manages rodent and vermin population on municipal properties, facilities and parks through traps and inspections. This year, the Town has captured only two rats and found no evidence of infestation on Town properties.
\\files\TOC\COMMUNITY SERVICES\DEVELOPMENT SERVICES\2019\Projects\Rats\Committee\Staff Briefing Note.docx Page 1 of 3 STAFF BRIEFING NOTE Town of Creston
Few municipalities specifically address rats or other vermin in their bylaws. Those that do include Port Coquitlam, North Vancouver, and Winnipeg.
While the Town’s Property Maintenance Bylaw prohibits unsightly premises and the accumulation of refuse and water, opportunity exists for the addition of a new section to clarify responsibilities of land owners to prevent and mitigate rats and other pests/vermin. This section could include:
6.6 Pests and Vermin
.1 The owner and occupier of a property shall ensure that the following situations are not created or allowed to exist on the property:
(i) infestations of rats, mice, and other pests or vermin; and, (ii) any condition, matter or thing that provides, or may provide, food or harbourage for pests or vermin.
.2 Where an infestation in contravention of Section 6.6.1 exists, the owner and occupier of the property must abate the infestation by:
(i) the use of traps and other self-abatement measures, including the removal of any condition, matter or things that provide food or harbourage for pests or vermin; or, (ii) A monitored pest control program with a Certified Pest Control Agency,
until such time as the infestation has been effectively abated as determined by the Town’s Authorized Representative.
.3 Where an infestation is abated through the use of a monitored pest control program pursuant to Section 6.6.2, the owner and occupier must:
(i) maintain, pest control records as created by a Certified Pest Control Agency, and (ii) produce pest control records for review by the Town’s Authorized Agent upon demand.
.4 Carcasses of dead pests or vermin shall be double-bagged and disposed of by:
(i) placement with the solid waste regularly collected from the property; or, (ii) drop-off at a designated landfill
This amendment would also include relevant definitions and enforcement regulations.
KEY CONSIDERATIONS: Addition of a “Pests and Vermin” section to the Property Maintenance Bylaw enforces the property owners/occupiers’ responsibilities for ensuring the prevention and elimination of rodents/vermin. However, the introduction of a regulation may increase bylaw enforcement requirements, and change practices in residential food production, compost storage, and pet and bird feeding.
From the September 17, 2019 delegation the following points should be taken into consideration:
\\files\TOC\COMMUNITY SERVICES\DEVELOPMENT SERVICES\2019\Projects\Rats\Committee\Staff Briefing Note.docx Page 2 of 3 STAFF BRIEFING NOTE Town of Creston
• Rats have been reported in communities across British Columbia, including Creston and the neighbouring RDCK electoral areas. • Staff adequately identify and manage rodents and vermin on municipal properties. • Staff direct inquiring residents to mitigation and disposal resources. • Public education is available through WildSafeBC, Provincial and the Town websites which contains resources for mitigation, prevention, and disposal of rodents. • WildSafeBC publishes educational pamphlets about rats, which could be mailed out to all Creston residents with an anticipated cost of approximately $600 plus the costs of acquiring/printing the pamphlets. • Double-bagging of rodents and placing them with solid waste for collection is the currently recommended disposal method.
OPTIONS FOR FOLLOW-UP ACTION:
Council could:
1) Direct Staff to draft a bylaw requiring land owners to prevent and mitigate infestations on their properties, for consideration at an upcoming Regular Council Meeting. (Recommended)
2) Consider an increase in resources devoted to public education and/or committees regarding pest and vermin mitigation.
3) Direct Staff to maintain current service levels.
4) Other, as per Council discussion.
Ross Beddoes Miichael Moore Submitted by: Reviewed by: CAO Ross Beddoes, DCS Michael Moore, CAO
\\files\TOC\COMMUNITY SERVICES\DEVELOPMENT SERVICES\2019\Projects\Rats\Committee\Staff Briefing Note.docx Page 3 of 3 Town of Creston
Bylaw No. 1908
A bylaw to amend the Fees and Charges Bylaw No. 1763, 2011.
WHEREAS it is deemed necessary and in the public interest to amend Fees and Charges Bylaw No. 1763, 2011;
NOW THEREFORE, the Council of the Town of Creston, in open meeting assembled, enacts as follows:
Part 1 Citation
1.1 This Bylaw may be cited as “Fees and Charges Amendment Bylaw No. 1908, 2020”.
Part 2 Severability
2.1 If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this bylaw is deemed to have been adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase.
Part 3 Amendments
3.1 “Schedule 9 – Cemetery Fees”, is hereby deleted in its entirety and replaced with a new “Schedule 9 – Cemetery Fees”, which is attached to and forms a part of this bylaw.
Part 4 Effective Date
4.1 This bylaw shall come into full force and effect upon adoption.
READ A FIRST TIME by title and SECOND TIME by content this 14th day of January, 2020.
READ A THIRD TIME by title this 14th day of January, 2020.
ADOPTED this day of , 2020.
Mayor Ron Toyota Bev Caldwell, Corporate Officer
Bylaw No. 1908 Page 2 of 3
Schedule 9 – Cemetery Fees
FEES (subject to applicable taxes) PLOT FEES Resident Non-Resident Care Care Plot Plot Fund Fund Adult Size $835.00 $221.00 $1,500.00 $396.00 Child Size $600.00 $160.00 $960.00 $254.00 Infant Size $400.00 $106.00 $750.00 $198.00 Cremated Remains Size (for each) $580.00 $153.00 $650.00 $173.00 Columbarium Niche (Base Fee) $1,950.00 $221.00 $2,500.00 $396.00 (see ‘Additional Fees’ below) BURIALS Resident Non-Resident Adult Size $670.00 $927.00 Child Size $464.00 $721.00 Infant Size $350.00 $618.00 Cremated Remains $232.00 $361.00 Second or Subsequent Remains $120.00 $180.00 Interred at Same Time as First Remains in Same Vault EXHUMATION All Grave Sizes $1,200.00 $1,200.00 Extra Deep $2,200.00 $2,200.00 Cremated Remains $300.00 $300.00 ADDITIONAL FEES Extra Deep $300.00 $400.00 Interments After 2:30 p.m. Weekdays $150.00 $200.00 Casket Burials Saturday, Sunday, $500.00 $550.00 Statutory Holidays Cremation Saturday, Sunday, $200.00 $250.00 Statutory Holidays Winter Rate (November 1 to March 31) $300.00 $300.00 Transfer of Licence $80.00 $80.00 Installation of Memorials $265.00 $300.00 (includes Care Fund of $50.00) Plot Grave Vaults Purchase through Purchase through Funeral Home Funeral Home Cremation Vaults Purchase through Purchase through Funeral Home Funeral Home Rental of Tent, Chairs, Greens or Purchase through Purchase through Lowering Device Funeral Home Funeral Home Bylaw No. 1908 Page 3 of 3
Schedule 9 – Cemetery Fees
FEES (continued) (subject to applicable taxes) ADDITIONAL FEES (continued) Resident Non-Resident Marker Removal and Resetting Fee $115.00 $115.00
Additional Care Fund for Second As per current fee listed As per current fee listed Subsequent Burial Request under ‘Plot Fees’ under ‘Plot Fees’ Niche Inscriptions $325.00 minimum or $325.00 minimum or actual cost actual cost Care Fund $50.00 $50.00 Inurnment, Niche Opening/Closing Fee $300.00 $350.00
Disurnment-Inurnment Permit Fees $85.00 $115.00 (after Columbaria are installed) Memorial Plaque: Base fee for plaque & installation $625.00 $700.00 Engraving (minimum fee) $325.00 $325.00 Care Fund $50.00 $50.00
Columbarium Niche Additional Fees: Top Row $500.00 $550.00 Second Row $400.00 $450.00 Third Row $300.00 $350.00 Fourth Row $200.00 $250.00 Fifth Row $0.00 $0.00 Custom Memorial Tree Grate for $900.00 minimum or $1,000.00 minimum or Downtown Creston Cast Iron, Natural actual costs of labour actual costs of labour Finish and materials + 20% and materials + 20% admin fee admin fee
Non-Resident: Not originating from the RDCK Areas A, B, C or the Town of Creston
Town of Creston
Bylaw No. 1906
A bylaw to amend Property Maintenance Bylaw No. 1813, 2015
WHEREAS it is deemed necessary and in the public interest to amend Property Maintenance Bylaw No. 1813, 2015;
NOW THEREFORE, the Council of the Town of Creston, in open meeting assembled, enacts as follows:
Part 1 Citation
1.1 This bylaw may be cited as “Property Maintenance Amendment Bylaw No. 1906, 2020”.
Part 2 Severability
2.1 If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this bylaw is deemed to have been adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase.
Part 3 Amendments
3.1 Part 4 - Definitions is hereby amended by the addition of the following:
“Infestation” means evidence of the ongoing presence of Pests or Vermin as determined by the Town’s Authorized Agent;
“Harbourage” means shelter or refuge; and,
“Pests and Vermin” means a rodent or other destructive animal that may harm or spread disease to vegetation, food, pets, livestock or humans.
3.2 Part 6 Property Standards is hereby amended by the addition of the following:
Pests and Vermin
6.6 The owner and occupier of a property shall ensure that the following situations are not created or allowed to exist on the property:
(a) infestations of pests or vermin; and
(b) any condition, matter or thing that provides, or may provide, food or harbourage for pests or vermin.
6.7 Where infestation in contravention of Section 6.6 exists, the owner and occupier of the property must abate the infestation by
(a) the use of traps and other self-abatement measures, including the removal of any condition, matter or things that provide food or harbourage for pests or vermin; or
Bylaw No. 1906 Page 2 of 2
(b) a monitored pest control program with a Certified Pest Control Agency, until such time as the infestation has been effectively abated as determined by the Town’s Authorized Representative.
6.8 Where infestation is abated through the use of a monitored pest control program pursuant to Section 6.7(b), the owner and occupier must
(a) maintain pest control records as created by a Certified Pest Control Agency; and
(b) produce pest control records for review by the Town’s Authorized Agent upon demand.
6.9 Carcasses of dead pests or vermin shall be double-bagged and disposed of by
(a) placement with the solid waste regularly collected from the property; or
(b) drop-off at a designated landfill.
Part 4 Effective Date
4.1 This Bylaw shall come into full force and effect upon adoption.
READ A FIRST TIME by title and SECOND TIME by content this day of , 2020.
READ A THIRD TIME by title this day of , 2020.
ADOPTED this day of , 2020.
______Mayor Ron Toyota Bev Caldwell, Corporate Officer
Town of Creston
Bylaw No. 1907
A bylaw to amend the Bylaw Notice Enforcement Bylaw No. 1760, 2011.
WHEREAS it is deemed necessary and in the public interest to amend Bylaw Notice Enforcement Bylaw No. 1760, 2011;
NOW THEREFORE, the Council of the Town of Creston, in open meeting assembled, enacts as follows:
Part 1 Citation
1.1 This Bylaw may be cited as “Bylaw Notice Enforcement Amendment Bylaw No. 1907, 2020”.
Part 2 Severability
2.1 If a portion of this Bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this Bylaw is deemed to have been adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase.
Part 3 Amendments
3.1 “Schedule A – Designated Bylaw Contraventions and Penalties, Property Maintenance Bylaw No. 1813” in the Bylaw Notice Enforcement Bylaw No. 1760, 2011, is hereby deleted in its entirety and replaced with the following “Schedule A – Designated Bylaw Contraventions and Penalties, Property Maintenance Bylaw No. 1813”:
Schedule A – Designated Bylaw Contraventions and Penalties
A4 Compliance A2 A3 Agreement Bylaw A1 Early Late Available Section Description No. Penalty Payment Payment (*Maximum 50% Reduction in Penalty Penalty Penalty Amount Where Compliance Agreement is shown as “Yes”) Property Maintenance Bylaw No. 1813
1813 5.1 Cause water or refuse to collect $100.00 $75.00 $125.00 Yes
1813 5.2 Place graffiti in public $75.00 $50.00 $100.00 Yes
1813 5.3 Litter or discard refuse $75.00 $50.00 $100.00 No
1813 5.4 Allow unsightly property $250.00 $225.00 $275.00 Yes
1813 6.3 Equipment/inoperative vehicle $150.00 $125.00 $200.00 Yes
1813 6.4(a) Allow growth in excess of 20 cm $100.00 $75.00 $125.00 Yes
1813 6.4(b) Accumulation of damaged trees/plants $100.00 $75.00 $125.00 Yes
1813 6.4(c) Plant/vegetation causing obstruction $75.00 $50.00 $100.00 Yes Bylaw No. 1907 Page 2 of 2
1813 6.5(a) Refuse/yard waste on boulevard $100.00 $75.00 $125.00 Yes
1813 6.5(b) Failure to control growth on boulevard $100.00 $75.00 $125.00 Yes
1813 6.7 Failure to abate pest or vermin infestation $250.00 $225.00 $275.00 Yes
Part 4 Effective Date
4.1 This Bylaw shall come into full force and effect upon adoption.
READ A FIRST TIME by title and SECOND TIME by content this day of , 2020.
READ A THIRD TIME by title this day of , 2020.
ADOPTED this day of , 2020.
Mayor Ron Toyota Bev Caldwell, Corporate Officer