MUNICIPALITY of North Agenda COWICHAN

Meeting Regular Council

Date Wednesday, February 17, 2010

Time 1:30 p.m.

Place Municipal Hall - Council Chambers

Fostering North Cowichan's social, economic and environmental well-being through good government, quality services and responsible government Page

1. Approval of Agenda Recommendation: that Council approve the agenda as circulated.

2. Adoption of Minutes Recommendation: that Council adopt the February 3, 2010 Regular Council 7-11 meeting minutes.

3. Introduction of Late Items Recommendation: that Council add the following late items to the agenda:

4. Presentations and Delegations 4.1 RCMP Report - Inspector Kevin Hewco Recommendation: 4.2 Composter - Carly Jahelka (St. Joseph's School) Recommendation:

5. Staff Reports 5.1 Logging Contract - Maple Mountain 13 Recommendation: that Council authorize the Mayor and Director of Administration to sign an agreement with Millstone Contracting Ltd. to harvest an estimated 900 cubic metres of conifer and hardwood logs from Maple Mountain (Block M-452, Unit B), at a weighted average cost of $27.30 per cubic metre, effective February 18, 2010 to December 31, 2010. 5.2 PRIME-BC Resolution for AVICC and UBCM 15 Recommendation: that Council direct staff to forward the following resolution to the Association of Coastal Communities and Union of B.C. Municipalities for consideration at their 2010 Conferences:

WHEREAS the Police Records Information Management Environment

Page 1 of 64 February 17, 2010 Regular Council Meeting Agenda Page

5. Staff Reports (PRIME) is the provincially-approved system for all police agencies in ;

AND WHEREAS PRIME was established, and user fees increased in 2010 by 100%, with no consultation with local governments;

THEREFORE BE IT RESOLVED that the Association of Vancouver Island and Coastal Communities and the Union of B.C. Municipalities ask the Province of British Columbia to hold user fees for PRIME-BC at 2009 levels and consult with local governments before implementing further fee increases that affect local government budgets.

6. Correspondence 6.1 Kidney Foundation of Canada - Proclamation Request 17-18 Recommendation: 6.2 Ministry of Environment - Diking 19-20 Recommendation: that Council refer the January 26, 2010 letter from the Minister of Environment to the Public Works Committee to review funding available through the Provincial long-term Flood Protection Program; and further, that Council direct staff to consult with the City of Duncan, Cowichan Tribes and the Cowichan Valley Regional District before applying for funding. 6.3 Ministry of Community & Rural Development - Elections Task Force 21-25 Recommendation: 6.4 UBCM - 2009 Resolutions 27-30 Recommendation: 6.5 BC Lions Society - Proclamation Request 31 Recommendation: 6.6 BC Lymphedema Association - Proclamation Request 33 Recommendation: 6.7 UBCM - West Nile Virus Reduction Initiative 35-36 Recommendation: 6.8 Canadian Association of Home & Property Inspectors 37-39 Recommendation: 6.9 Receive and File Recommendation: that Council receive and file correspondence not separately dealt with.

7. Committee Reports

7.1. Agricultural Advisory Committee 7.1.1 Minutes - Jan 26 41-43 Recommendation: (Review Minutes)

Page 2 of 64 February 17, 2010 Regular Council Meeting Agenda Page

7.2. Athletic Commission 7.2.1 Athletic Commission - Jan 28 45-46 Recommendation: (Review Minutes)

7.3. Parks and Recreation Commission 7.3.1 Minutes - Jan 25 47-50 Recommendation: (Review Minutes) 7.3.2 Policy - National Level Athletes Recommendation: that Council direct staff to advise high caliber athletes in North Cowichan about the Pacific Sports Centre's program to facilitate access to recreational services. 7.3.3 Healthy Food and Beverage Recommendation: that Council receive the "Building a Healthy Food and Beverage" strategy as outlined in the Deputy Parks and Recreation Director's January 19, 2010 report; and further, that North Cowichan implement the nine strategies in the report. 7.3.4 Long Term Needs Analysis - Recreation Facilities Recommendation: that Council endorse the following recommendations in the Parks and Recreation Director's November 25, 2009 report to implement the recommendations contained in the long term needs analysis of North Cowichan's recreation facilities: 1. develop Somenos Sports Fields as soon as possible; 2. complete Sherman Soccer Complex as soon as possible; 3. evaluate the needs and options for a community recreation centre in ; 4. support construction of a second sheet of ice in the regional district, based on regional funding; 5. continue to support the regional district in its responsibility for the Trans Canada Trail, and continue to develop Municipal trails that will connect with the Trans Canada Trail and neighbouring community trail systems with funding from development cost charges; 6. support development of a vibrant and multi-use Crofton waterfront; 7. develop an easily accessible skate park in Chemainus to accommodate skate boarders and BMX bikes; 8. write the regional district to support a regional outdoor recreation park for motor sports; 9. engage the regional district and the City of Duncan in a process to determine the best kind of facility to be developed in the former Aquannis Centre and work towards securing funding; and 10. establish a Parks Development Cost Charges Bylaw to offset land acquisition and development costs for facilities noted above. 7.3.5 Establishment of Reserve Fund - Cowichan Aquatic Centre Recommendation: that Council direct staff to draft a bylaw to establish a reserve fund for future capital upgrades to the Cowichan

Page 3 of 64 February 17, 2010 Regular Council Meeting Agenda Page

7.3. Parks and Recreation Commission Aquatic Centre. 7.3.6 Harmonized Sales Tax - Admission Adjustments Recommendation: that Council direct staff to draft a bylaw to increase Cowichan Aquatic Centre and Fuller Lake Arena admission fees as outlined in the Deputy Parks and Rereation Director's January 19, 2010 report to offset increases prompted by the implementation of the Harmonized Sales Tax.

7.4. Technical Planning Committee 7.4.1 Minutes - Feb 9 51-52 Recommendation: (Review Minutes) 7.4.2 Temporary Industrial Use Permit - 1793 Stamps Road Recommendation: that Council renew the Temporary Industrial Use Permit for 1793 Stamps Road (Folio: 08479-000), owned by Mike Taylor, to operate a single portable saw for cutting lumber on site, in accordance with the terms of the Agricultural Land Commission decision (Resolution #151/2008); and advise Mr. Taylor that the operation must cease on April 23, 2012 when the permit expires. 7.4.3 Agricultural Land Reserve - 6375 Somenos Road Recommendation: that Council support the application for a one lot subdivision at 6375 Somenos Road (Folio: 05432-000), owned by Raghbir Sangha, and direct staff to forward it to the Agricultural Land Commission with the suggestion that, if approved, the Commission require the applicant to: 1. set aside $15,000 in trust for agricultural improvements to the parent property; 2. register a covenant on the parent parcel that a) restricts residential development until a farm plan is prepared that identifies the most suitable location for the residence given ground conditions and the proposed agricultural operation, and b) limits the size of the residence to 2,000 square feet; and 3. register a covenant (if possible) on the new lot containing the existing residence, that recognizes that adjacent lands are for agricultural uses which may have an impact on the property.

8. Bylaws 8.1 Bylaw No. 3308 - 1st, 2nd & 3rd Readings 53-54 Recommendation: that Council read a first, second and third time Bylaw No. 3308, being the "Fuller's Lake Road Re-naming Bylaw (Fuller Lake Road), 2009".

9. Notice of Motions

Page 4 of 64 February 17, 2010 Regular Council Meeting Agenda Page

10. New Business

11. Question Period

12. Committee of the Whole 12.1 Move into committee Recommendation: that Council move into Committee of the Whole. 12.2 Print Donation - Emergency Services Curling Bonspiel Recommendation: that Council donate an E.J. Hughes framed poster to be raffled off at the Emergency Services Annual Curling Bonspiel to help the Crofton Fire Department raise funds for needy charities. 12.3 Echo Heights - Draft Comprehensive Development Plan 55-61 Recommendation: that Council direct staff to revise the draft Echo Heights Comprehensive Development Plan, to include the Council's environmental sustainability recommendations (and any necessary appendices), and put the Comprehensive Development Plan before Council for first reading as an amendment to the Official Community Plan. 12.4 Reduction of Municipal Boundary 63-64 Recommendation: that Council direct staff to advise Mr. Clayton Balabanov to outline his request to remove Chemainus from North Cowichan and reincorporate as a new, independent local government; and further, advise Mr. Bablabanov that the required process, if supported by Council, will be public, open and transparent. 12.5 Rise and Report Recommendation: that the Committee rise and report, and that Council adopt the report of the Committee.

13. Closed Session Recommendation: that Council close the meeting to the public to consider matters under section 90(1) (c), (g) and (l) of the Community Charter.

14. Adjournment Recommendation: that the meeting adjourn.

Page 5 of 64 Page 6 of 64 Minutes - Feb 3

MUNICIPALITY of North Minutes COWICHAN

Meeting Regular Council

Date Wednesday, February 3, 2010

Time 1:30 p.m.

Place Municipal Hall - Council Chambers

Members Present Mayor Tom Walker Councillor Garrett Elliott Councillor Ruth Hartmann Councillor Dave Haywood Councillor George Seymour Councillor Al Siebring

Members Absent Councillor John Koury

Staff Present Jim Dias, Chief Administrative Officer (CAO) Mary Beth MacKenzie, Deputy Clerk John MacKay, Director of Engineering & Operations Ernie Mansueti, Parks and Recreation Director

Approval of Agenda It was moved, seconded and carried, that Council approve the agenda, as amended, to move item 6.7 to 4.2. Adoption of Minutes It was moved, seconded and carried, that Council adopt the January 20, 2010 Regular Council meeting minutes. Introduction of Late Items It was moved, seconded and carried, that Council add the following late items to the Regular agenda: 7.4.2 Heron's Wood - Food Forest 8.3 Vancouver Island Regional Library Board, Annual General Meeting Update 8.4 Letter of Appreciation - Job Shadowing and the following item to the Closed agenda: 3.2 Solicitor-client Privilege- s.90(1)(i) of the Community Charter Presentations and Delegations

Page 1 of 5

Minutes - Feb 3 Page 7 of 64 Minutes - Feb 3

February 3, 2010 Regular Council Meeting Minutes

Delegation - Lou Roelofsen, President, provided an update on the Chemainus Chemainus Festival Festival of Murals Society's 2009 accomplishments and initiatives for of Murals Society 2010, and requested approval of: 1. a mural for the Chemainus Seniors Drop-In Centre; and 2. a freestanding Emily Carr mural in Waterwheel Park.

Mayor Walker advised that Council will advise on these requests after review by staff.

Delegation - Jamie Mr. Stephen was not in attendance to discuss this matter. Stephen (Fuller Lake

Fishing Pier) It was moved, seconded and carried, that Council refer Mr. Stephen's suggestion to locate a fishing pier at Kin Beach, to the Parks and Recreation Commission for future consideration. Staff Reports

Logging Contract - It was moved, seconded and carried, that Council authorize the Maple Mountain Mayor and Director of Administration to sign an agreement with Millstone Contracting Ltd. to harvest an estimated 1,500 cubic metres of conifer and hardwood logs from Maple Mountain, Block M-452, at a weighted average cost of $27.30 per cubic metre, effective February 4, 2010 to December 31, 2010. Correspondence City of Richmond - Council directed staff to draft a resolution to be forwarded to PRIME-BC the Association of Vancouver Island and Coastal Communities and the Union of BC Municipalities after consideration by Council on February 17, 2010, objecting to user fee increases for PRIME-BC.

Receive and File It was moved, seconded and carried, that Council receive and file the following correspondence not separately dealt with: 1. City of Burnaby - Gender Violence 2. Heritage BC - Proclamation Request 3. Ministry of Transportation & Infrastructure - Building Canada Fund 4. Federation of Canadian Municipalities - Ukraine & Haiti Programs 5. Salmon Enhancement & Habitat Advisory Board Committee Reports Administration & Finance Committee

St. Joseph's School - It was moved, seconded and carried, that Council authorize the Composter donation of a composter to St. Joseph's School for the school's Earth Group composting program.

B.C. Hockey - It was moved, seconded and carried, that in accordance with Provincial Peewee Council's Donation and Support policy, Council support providing 10 Championships passes to the Cowichan Aquatic Centre to the organizing committee

Page 2 of 5

Minutes - Feb 3 Page 8 of 64 Minutes - Feb 3

February 3, 2010 Regular Council Meeting Minutes

of the Cowichan Valley Peewee Tier 1 hockey tournament, and advise that Council regrets it is unable to provide passes for each player participating in the tournament.

Trans Canada It was moved, seconded and carried, that Council direct staff to add Highway Median $9,000 to the 2010 Municipal Boulevard Maintenance Budget, to cover the maintenance costs of the medians being installed on the Trans Canada Highway as part of the Cowichan Place development.

Employee Wellness It was moved, seconded and carried, that Council direct staff to Program expand the Employee Wellness Policy, to allow the flexibility of applying the subsidy to a six or twelve month facility pass as well as the current 10 trip swipe card; and further, that the maximum dollar value be set at $147.50 per annum per employee.

Bylaw No. 3301 - It was moved, seconded and carried, that Council resolve to no Borrowing longer borrow using Bylaw No. 3301, being the "Maple Bay Fire Hall Authorization Bylaw, 2007", as borrowing is no longer required.

It was moved, seconded and carried, that Council request that the Cowichan Valley Regional District amend its Bylaw No. 3048, being the "Security Issuing (Loan Authorization Bylaw No. 3301) Bylaw, 2007" to remove $450,000 related to Loan Authorization Bylaw No. 3301. Environmental Advisory Committee

Development Burning It was moved, seconded and carried, that Council direct staff to investigate the feasibility of restricting development burning in a manner similar to, or consistent with, Cowichan Valley Regional District Bylaw No. 2020, being the "Landclearing Management Regulation Bylaw"; and further, that Council direct staff to investigate options to control open burning in the Agricultural Land Reserve. Parks and Recreation Commission

Fuller Lake Fishing It was moved, seconded and carried, that Council approve the Pier proposed project to install a fishing pier in Fuller Lake as outlined in the Parks and Recreation Director's report dated January 5, 2010, subject to the pier: 1. being located on the north-west side of property to the left of the swimming area; 2. and dock being handicap-accessible; 3. being CSA approved and meeting North Cowichan Building Department requirements; 4. including signage for safety and liability purposes; and 5. being 40 ft. in length, with the dock 10 ft. x 40 ft. as per the design.

Page 3 of 5

Minutes - Feb 3 Page 9 of 64 Minutes - Feb 3

February 3, 2010 Regular Council Meeting Minutes

Heron's Wood Food It was moved, seconded and carried, that Council approve the Forest proposed food forest in Heron's Wood, subject to no costs being incurred by the Municipality. Public Works Committee

Encroachment It was moved, seconded and carried, that Council authorize the Agreement - Agira Mayor and Director of Administration to sign an encroachment Road agreement with Janine Davies and Cameron Forbes to permit an encroachment of their structure located at 3091 Agira Road (Folio: 01785-000), into the road right-of-way.

2010 - 2014 Roads It was moved, seconded and carried, that Council include the Program proposed 2010 Roads Program in the 2010 budget, as shown on Schedule B of the Director of Engineering's January 26, 2010 report.

Hydrant Use Permit It was moved, seconded and carried, that Council direct staff to Revisions prepare a bylaw to amend the Waterworks Bylaw for Hydrant Use Permit Conditions and Fees including: 1. $25 per fill of any tank size when water is supplied from the hydrant at the Municipal Operations yard; 2. $75 weekly permit fee when the Municipality supplies a double check valve assembly (DCVA), with a $750 damage deposit; 3. $150 monthly permit fee when the Municipality supplies a DCVA with a $750 damage deposit; 4. $250 annual permit when the user provides a tested DCVA with a $500 annual damage deposit; and 5. $500 annual permit fee when the Municipality supplies a DCVA with a $750 annual damage deposit. Other Reports Vancouver Island Councillor Haywood advised of the Vancouver Island Regional Library Regional Library AGM Board's new Executive Board of Directors. Update

Appreciation - Job Councillor Hartmann read a letter of thanks from her job shadow Shadowing student. Bylaws

Bylaw No. 3311 - 3rd It was moved, seconded and carried, that Council rescind third Reading reading of the "Soil Removal and Deposit Bylaw, 2009", No. 3311.

It was moved, seconded and carried, that Council read a third time, as amended, Bylaw No. 3311, being the "Soil Removal and Deposit Bylaw, 2009".

Bylaw No. 3404 - It was moved, seconded and carried, that Council adopt Bylaw No. Adoption 3404, being the "Local Area Service (Westlock Road - Phase 2 Sewer Main Extension) Bylaw, 2010".

Page 4 of 5

Minutes - Feb 3 Page 10 of 64 Minutes - Feb 3

February 3, 2010 Regular Council Meeting Minutes

Bylaw No. 3405 - It was moved, seconded and carried, that Council adopt Bylaw No. Adoption 3405, being the "Local Area Service (Landsdowne Road - Phase 3 Sewer Main Extension) Bylaw, 2010". New Business Committee of the Whole

Move into committee It was moved, seconded and carried, that Council move into Committee of the Whole. (2:40 p.m.)

Regional Board Council discussed the upcoming Cowichan Valley Regional District Issues Budget workshop. Federation of Mayor Walker advised that he will not be attending the 2010 Canadian Federation of Canadian Municipalities 2010 Convention. Councillor Municipalities 2010 Haywood's name was drawn to attend on behalf of the Municipality Convention with Councillor Koury as the alternate.

Rise and Report It was moved, seconded and carried, that the Committee rise and report, and that Council adopt the report of the Committee. Closed Session It was moved, seconded and carried, that Council close the meeting to the public to consider matters under section 90(1) (a),(e) (i) and (j) of the Community Charter. (3:13 p.m.) Adjournment It was moved, seconded and carried, that the meeting adjourn. (5:59 p.m.)

Minutes certified correct and public hearing report certified fair and accurate.

Corporate Officer Mayor (or presiding member)

Page 5 of 5

Minutes - Feb 3 Page 11 of 64 Page 12 of 64 Logging Contract - Maple Mountain

MUNICIPALITY of A/OATl? Report COWICHAN

Date February 10,2010 File 8850-01

To Mayor and Council

From Darrell Frank, RPF, Municipal Forester Endorsed by

Subject Logging Contract - Millstone Contracting - Block M-452 Unit B

Purpose The Forestry Department would request that the following contract be included in the February 17, 2010, Council meeting for a resolution to enter into an agreement with Millstone Contracting Ltd.

Recommendation "that Council authorize the Mayor and Director of Administration to sign an agreement with Millstone Contracting Ltd. to harvest an estimated 900 cubic metres of conifer and hardwood logs from Block M-452 Unit B, located on Maple Mountain, at weighted average cost of$27.30/m3, effective February 18, 2010, to December 31, 2010."

Analysis The site is located on Maple Mountain, and is approximately 3.1 hectares in size, comprised of second growth conifer and hardwoods. Access is via Maple Mountain Mainline. The area will be logged using a hoe-forwarding method.

Dari»ell Frank, RPF Municipal Forester

G:\Forest\Sec\DarrellFrank\djffeb10 10 M&C M-452.UnitB.wpd 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca

Logging Contract - Maple Mountain Page 13 of 64 Page 14 of 64 PRIME-BC Resolution for AVICC and UBCM

MUNICIPALITY Of AlOrT/7 Report cowichan

Date February 9,2010 F«e 0250-20 ubcm 0250-20 AVICC To Mayor and Council

From Mary Beth MacKenzie, Deputy Municipal Clerk Endorsed by

Subject PRIME BC - Resolution for Association of Vancouver Island and Cba^tal Communities (AVICC) and Union of British Columbia Municipalities (UBCM)

Purpose The purpose of this report is to have Council endorse a resolution regarding Police Records Information Management Environment (PRIME) for submission to AVICC and UBCM.

Background At its February 3, 2010 Regular meeting, Council directed staff to draft a resolution opposing user fee increases for PRIME-BC.

Discussion The resolution noted in the recommendation, below, opposing the high user fee increase for PRIME-BC in 2010, asks that: user fees be held at 2009 rates; and the Province of British Columbia consult with local governments before implementing any further fee increases that will affect local government budgets.

Recommendation

that Council direct staff to forward the following resolution to the Association of Vancouver Island and Coastal Communities (AVICC) and Union of British Columbia Municipalities (UBCM) for consideration at their 2010 Conferences:

WHEREAS the Police Records Information Management Environment (PRIME) is the provincially- approved system for all police agencies in British Columbia;

AND WHEREAS user fees for the PRIME-BC have been increased in 2010 by 100% from 2009;

AND WHEREAS there was no consultation process with local governments for the user fee increase;

THEREFORE BE IT RESOL VED that the Association of Vancouver Island and Coastal Communities and the Union of British Columbia Municipalities ask the Province of British Columbia to hold user fees for PRIME-BC at 2009 rates, and further, that consultation with local governments take place before implementing any further fee increases that will affect local government budgets.

mbmfeb09.10mbmr PRIME Resolution.wpd 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca

PRIME-BC Resolution for AVICC and UBCM Page 15 of 64 Page 16 of 64 Kidney Foundation of Canada - Proclamation Request

6C3 q

British Columbia Branch 200-4940 Canada Way Burnaby.BC V5G4K6 T. 604736.9775/1.800.567.8112 F. 604.736.9703/1.800.667.8871 www.kidney.bc.ca

January 19, 2010

MARCH IS KIDNEY HEALTH MONTH Dear Mayor and Council,

The Kidney Foundation of Canada conducts its annual a door-to-door campaign across Canada during the month of March. During this time thousands of volunteers canvass the residences in their neighborhoods to raise (he much needed funds for patients throughout BC.

We kindly ask for your assistance to proclaim March as Kidney Health Month in your community. Please present this request al your next council meeting. If the request is granted please send a copy of the proclamation to the above address. We have included a proclamation sample for your assistance.

In 2009, over half a million dollars was raised during March throughout the province. Thanks to the support and commitment from communities such as yours.

Known as the secret disease, Kidney Disease is one of the most misunderstood yet life-threatening illnesses affecting society today. And there is currently no cure.

Over five thousand adults, youth and children in BC live with chronic kidney disease. Almost half rely on dialysis treatments and there are close to three hundred people who are facing seven to ten years on the transplant waitlist In addition, it is estimated that 145,000 people in (his province have undiagnosed kidney disease. Most are unaware that they have it because the symptoms are silent and often mistaken for other conditions.

The number of people diagnosed with kidney disease grows daily, making our commitment to kidney health and improved hves lor people with kidney disease so vital. Your community's support together with gifts from all the generous donors across BC, is making a difference in the lives of people living with kidney disease Monies raised help fund research; provide education and support; promote access to high quality healthcare and raise awareness about the need for organ donation and the issues facing people who live with kidney disease.

We sincerely appreciate the past support we have received from individuals in your community It truly does make a difference in the lives of people living with kidney disease.

If you have any questions please feel free to contact me anytime at (604) 736-9775 ext. 230.

Sincerely,

The Kidney Foundation of Canada, BC Branch

Pauline Buck Communications Manager imuiinebCd)kidne\\bc.ca

If your community no longer issues Proclamation please accept this letter as verification that volunteers will be canvassing in your community during the month of March.

Charitable registration no. 10756 7398 RRQC01

Kidney Foundation of Canada - Proclamation Request Page 17 of 64 Kidney Foundation of Canada - Proclamation Request

Vision

Kidney health, and improved lives of all people affected by kidney disease

Mission

The Kidney Foundation of Canada is the national volunteer organization committed to reducing the burden of kidney disease through;

• funding and stimulating innovative research; • providing education and support; • promoting access to high quality healthcare; and • increasing public awareness and commitment to advancing kidney health and organ donation.

Guiding Principals

As a leading national health charity, the Foundation is committed to:

• research excellence; • maximizing kidney transplantation; • prevention, early detection and comprehensive care; • facilitating community involvements and public contributions; • effective collaboration with others; • volunteers and staff partnership; • transparent, ethical and responsible stewardship.

Kidney Foundation of Canada - Proclamation Request Page 18 of 64 Ministry of Environment - Diking

BRITISH RECEIVE ."" Columbia

The Best Place on Earth .MM '" 9 20i0

Reference: 118378 OF

JAN 2 6 2010

Mis Worship Mayor Tom Walker Municipality of North Cowiehan 7030 Trans Canada Hwy Box 278 Duncan BC V9L 3X4

Dear Mayor Walker:

On behalf of the Honourable Barry Penner, Minister of Environment, thank you for your letter of December 10, 2009, regarding the Cowiehan River dikes. I am pleased to have this opportunity to respond.

1 understand that on December 2, 2009, the North Cowiehan Municipal Council passed a resolution to give the British Columbia (BC) Government notice that the municipality intends to apply for flood protection funding to upgrade the Cowiehan River dikes. Furthermore, that Council will be seeking support for this action from the City of Duncan, the Cowiehan Tribes and the Cowiehan Valley Regional District. Given the significant impacts on the community from the recent November flooding, I commend the Municipality of North Cowiehan for taking the initiative to wrork towards improving the diking system to help to reduce the flood hazard within your area of jurisdiction.

I am also aware that the Cowiehan Valley Regional District, in partnership with Cowiehan Tribes, the City of Duncan and the Municipality of North Cowiehan, had Northwest Hydraulic Consultants (NHC) update existing floodplain mapping and develop an Integrated Flood Management Plan for the Lower Cowichan-Koksilah River floodplain, including major tributaries. I understand the NHC report is in the early stages of review and presents a number of options for consideration by the local authorities. Once the implications of each of the options presented are clearly understood, 1 strongly urge each of the local governments to consider adopting those options that are mutually acceptable.

Under the authority of the Dike Maintenance Act (DMA), the Ministry of Environment regulates diking authorities and their operation and maintenance of dikes or flood protection structures.

...2

Co o /u:_u - Fe.h f *?- Ministry of Environment Office of the Deputy Minister Mailing Addres.s: Telephone: 250 387-5429 PO Box 9339 Sin Prov Govt Facsimile: 250 387-6003 Victoria BC V8W9M1 Website: \vww.rov.lx:.<:aA-nv

Ministry of Environment - Diking Page 19 of 64 Ministry of Environment - Diking

-2-

To maintain the safety and integrity of dikes and to prevent detrimental effects on other parties and river processes, Section 2(4) of the DMA provides that a person or a diking authority must not make changes to a dike, or to the foreshore or stream channel adjacent to a dike, or to construct a new dike, without prior written approval from the Inspector of Dikes (or a Deputy Inspector).

The information generated through the Integrated Flood Management Plan project will greatly assist the Inspector of Dikes' technical review and approval of any applications for DMA approval received by that office.

The Ministry of Public Safety and Solicitor General has established a long-term Flood Protection Program. A component of this program makes funding available to assist communities and diking authorities to address public safety concerns related to flooding and erosion hazards and to reduce the potential for future infrastructure damage. If you would like more information regarding this funding and eligibility requirements for applicants and projects, please contact Mr. Dwayne Meredith, Manager, Flood Protection Program, Emergency Management BC, Ministry of Public Safety and Solicitor General, at 250 751-4002. Given the inter-related interests of the various parties involved, the Ministry suggests that consideration be given to submitting a joint application for financial assistance through the program.

Thank you again for bringing the above matters to my attention. Should you have further questions regarding this issue, please contact Mr. Amis Dambergs, Deputy Inspector of Dikes for the Vancouver Island Region, at 250 751-3165.

Doug Konkin Deputy Minister

pc: Honourable Barry Penner, Minister of Environment Dwayne Meredith, Manager, Ministry of Public Safety and Solicitor General Amis Dambergs, Water Technical Officer, Ministry of Environment

Ministry of Environment - Diking Page 20 of 64 Ministry of Community & Rural Development - Elections Task F...

6

BRITISH Columbia The Best Place on Earth

Ref: 134885

JAN 2 9 2010

His Worship Mayor Tom Walker and Members of Council District of North Cowichan bceFved Box 278 Duncan. BC V9L 3X4 FEE 0 2 2010

Dear Mayor Walker and Councillors: NOKTH

The Local Government Elections Task Force is currently seeking written comments from your local government, and from organizations and individuals in your community, to assist in its review of local government election issues.

Announced at the Union of British Columbia Municipalities (UBCM) 2009 Convention, the Local Government Elections Task Force is a joint, consensus-based group of provincial and UBCM members. The Task Force co-chairs are Honourable Bill Bennett, Minister of Community and Rural Development, and Chair Harry Nyce, President of the UBCM. Other Task Force members are:

• Surrey Councillor, Barbara Steele, first vice-president, UBCM; • Quesnel Mayor, Mary Sjostrom, third vice-president, UBCM; • Donna Barnett, MLA, Cariboo-Chilcotin; and • Douglas Home, MLA, Coquitlam-Burke Mountain.

Recognizing the importance of hearing from local governments throughout British Columbia, the Task Force invites you to submit the comments of your local government on any or all of the following topics:

• Campaign finance, including contribution/spending disclosure and limits, and tax credits; • Enforcement processes and outcomes; • Role of the British Columbia Chief Electoral Officer in local government elections;

PO Box 9056 Stn Prov Govt Ministry of Community BRITISH

and Rural Development Vancouver 2010 Vancouver 2010 Columbia Victoria BC V8W 9E2 999 Office of the Minister Phone: 250 387-2283 I Fax: 250 387-4312 www.gov.be ca/cd

Ministry of Community & Rural Development - Elections Task Page 21 of 64 Force Ministry of Community & Rural Development - Elections Task F...

Mayor Walker and Councillors Page 2

• Election cycle (term of office); • Corporate vote; and, • Matters raised in election resolutions submitted to the 2009 UBCM Convention, such as the eligibility of volunteers.

To assist in its deliberations, the Task Force would appreciate your comments as soon as possible, preferably by April 15,2010. It is anticipated that the Task Force will deliver its recommendations to the Province of British Columbia and the UBCM by May 30, 2010, after which legislation is expected to be presented to the Legislature in time for the 2011 local government elections.

The Task Force is aware of the tight time frame and that the interest in local government elections extends beyond local governments to the broader community including individuals, community groups and other representative organizations. As such, the Task Force requests that you share this request for written comments within your community, particularly with local groups and individuals interested in local government election issues.

Written comments can be made via email to: LocalElectionsTaskForcefaiuov.bc.ca. by fax to: 250 387-7972, or by mail to:

Local Government Elections Task Force c/o Ministry of Community and Rural Development PO Box 9839 Stn Prov Govt Victoria, BC V8W 9T1

Though the Task Force will receive feedback primarily through written comments, individual Task Force members will also engage in conversations on the election issues under review as they meet with local government representatives, organizations and citizens during the normal course of their responsibilities.

For local governments, the UBCM is planning a one-day workshop in March for its members who wish to attend. In addition, Area Associations will have a further opportunity to discuss these issues at their Spring Conventions. Workshop details will be announced shortly.

For further information on the Local Government Elections Task Force, please visit the website at: www.LocalElectionsTaskForce.uov.bc.ca.

..73

Ministry of Community & Rural Development - Elections Task Page 22 of 64 Force Ministry of Community & Rural Development - Elections Task F...

Mayor Walker and Councillors Page 3

We look forward to hearing from you on ways to improve our local government election

processes.

Sincerely,

Bill Bennett Harry Nyce Minister of Community President and Rural Development Union of British Columbia Municipalities

Ministry of Community & Rural Development - Elections Task Page 23 of 64 Force Ministry of Community & Rural Development - Elections Task F...

•. ' ELECTIONS TASK FORCE LAUNCHES CONSULTATION WEBSITE Page 1 of2 j

Printer-friendly version ft*

BRITISH JOLUMBIA

NEWS RELEASE For Immediate Release Ministry of Community and Rural Development 2010CD0004-000104 Union of British Columbia Municipalities Jan. 28,2010

ELECTIONS TASK FORCE LAUNCHES CONSULTATION WEBSITE

VICTORIA - The task force dedicated to reviewing issues related to B.C.'s local government electoral process has a new website to provide information on the existing system and collect written comments from the public.

Co-chairs Bill Bennett, Minister of Community and Rural Development, and Harry Nyce, president of the Union of British Columbia Municipalities (UBCM), announced the launch of the Local Government Elections Task Force website, www.localelectionstaskforce.gov.bcca, as a key component of its consultation process.

"This website provides valuable information on the issues under review and gives every citizen ir every part of our province a way to voice their opinion," said Bennett. "Local government is an importan part of our democratic system; it shapes every community and impacts every taxpayer. We want to hear people's ideas for improving the way local government and school trustee elections take place."

"The task force invites input from local governments, citizens, community groups and other organizations," said Nyce. "Given the timeline we are working under, the feedback provided through the website will play a vital role in the deliberations of the task force."

On Oct. 2,2009, Premier Gordon Campbell announced the special joint task force, co-chaired by Bennett and Nyce, to make recommendations for changes to local government elections legislation. Othe task force members are Surrey Councillor Barbara Steele, first vice-president, UBCM; Quesnel Mayor Mary Sjostrom, third vice-president, UBCM; Donna Barnett, Cariboo-Chilcotin MLA; and Douglas Home, Coquitlam-Burke Mountain MLA.

The task force is reviewing specific issues related to various local government elections topics: • Campaign finance, including contribution/spending disclosure and limits, and tax credits. • Enforcement processes and outcomes. • The role of B.C. 's chief electoral officer in local government elections. • The election cycle (term of office). • Corporate vote. • Other agreed upon matters (for example, matters raised in UBCM resolutions such as candidate eligibility of volunteers).

Written input is sought as soon as possible, preferably by April 15, 2010.

The recommendations of the task force are to be presented to the Province and UBCM no later

http://www2.news.gov.bc.ca/news_releases_2009-2013/2010CD0004-000104.htm 1/29/2010

Ministry of Community & Rural Development - Elections Task Page 24 of 64 Force Ministry of Community & Rural Development - Elections Task F...

, ELECTIONS TASK FORCE LAUNCHES CONSULTATION WEBSITE Page 2 of 2

than May 30, 2010, in time for approved legislative changes to be implemented for the 2011 local government elections.

Comments can be provided:

Online at www.localelectionstaskforce.gov.bc.ca.

By email to [email protected].

By fax to 250 387-7972

By mail to: Local Government Elections Task Force c/o Ministry of Community and Rural Development PO Box 9839 Stn Prov Govt. Victoria BC V8W 9T1

-30-

Media Public Affairs Bureau Paul Taylor Contact: Ministry of Community and Relationships and Communications Rural Development Advisor UBCM 250 387-4089 250 356-2938

For more information on government services or to subscribe to the Province's news feeds using RSS, visit the Province's website at www.gov.bc.ca.

Facebook Delicious Twitter E-mail

http://www2.news.gov.bc.ca/news_releases_2009-2013/2010CD0004-000104.htm 1/29/2010

Ministry of Community & Rural Development - Elections Task Page 25 of 64 Force Page 26 of 64 UBCM - 2009 Resolutions

a

February 3, 2010

Umunot

COtLMB!* Mi nx

Mayor Tom Walker District of North Cowichan Box 278 Duncan, BC V9L 3X4 Suite 60 1C651 SheUbridgeWay Richmond British Columbia Canada V6X 2W9 604.270.8226 Fax flM.ZT0.9116 Email: ubcm<&ubcm.ca Dear Mayor Walker:

PRESIDENT HARRYNJYCK Re: 2009 RESOLUTIONS

EXECUTIVE DIRECTOR GARY MAOSAAC Please find attached the provincial response to the 2009 resolution(s) put forward by your Council and endorsed by the UBCM membership at Convention.

I trust this information will be of assistance to you. Please feel free to contact Reiko Tagami, UBCM Information & Resolutions Coordinator with any questions. Tel: 604 270 8226 ext. 115 Email: [email protected]

Sincerely,

Harry Nyce President

Enclosure

UBCM - 2009 Resolutions Page 27 of 64 UBCM - 2009 Resolutions

2009 B50 AGRICULTURE IS IN ALL OF US - EAT North Cowichan BC WHEREAS British Columbia generated $2,342 billion in total farm gross revenues (2006 census) which is less than 48% of total BC consumption, and British Columbia has an opportunity to significantly expand agriculture and food production which will generate four-fold stimuli to the relative service industries (machinery, crop supplies, labour and processing sectors); AND WHEREAS BC farmers compete with other provinces and jurisdictions that provide a much higher level of support to their agricultural sectors (in BC, the total of provincial and federal support for agriculture combined is 8% versus 33% for Saskatchewan and the Canadian average of 17%): THEREFORE BE IT RESOLVED that the provincial government take seriously the responsibility to support the Ministry of Agriculture and Lands that is essential to help BC grow, by implementing a consistent, sufficient, and reliable budget mandatory to support and hire the necessary staff and resources within the agricultural areas of British Columbia.

CONVENTION DECISION: ENDORSED

PROVINCIAL RESPONSE MINISTRY OF AGRICULTURE & LANDS

There are many factors that must be considered when looking at the level of government support for agriculture. They include composition of the sector, market realities and the impact of weather or disease on the sector. Our government's approach to the budget for agriculture is to ensure that we can be adaptive while trying to maintain stability in the delivery of programs and services, e.g., work within the national Growing Forward framework to provide targeted assistance to sectors to transition to new market conditions in areas such as:

• age verification program for cattle; • replant program for tree fruits; • differentiated pork production; and, • biodiesel opportunities for the grains and oilseeds sector.

BC is unlike most other provinces and many other jurisdictions in that a high proportion of agriculture is in supply managed sectors. These sectors typically do not receive direct government expenditures except in unusual circumstances (as Avian Influenza or Bovine Spongiform Encephalopathy for dairy cattle).

The provincial strategy and support for this industry to date has been successful by most measures. At $1,909 million I farm, BC has the highest average net worth per farm among all the provinces. The next closest is Alberta at $1,467 million/farm on average, or close to half a million dollars lower in average net worth per farm than BC. Moreover, BC's average net worth per farm has grown at a rate of 12% per year, on average, over the past five years - the highest amongst all of the provinces, followed by Alberta at 8% per year. BC dairy farms, with an estimated $139,000 average profit per farm/year, realize

UBCM - 2009 Resolutions Page 28 of 64 UBCM - 2009 Resolutions

operating profits at 35% above the national average. BC's dairy, turkey, chicken and egg sectors rank third largest in Canada and account for more than $920 million in annual farm cash receipts.

British Columbia leverages federal dollar expenditures in the British Columbia agricultural and agri-food sector at a 3 to 1 ratio which is the highest leveraging ratio in Canada. Saskatchewan has the second highest leveraging ratio of 2.4 to 1, followed by Manitoba at 2.3 to 1.

The ministry's operating expenditures include 275 full-time equivalent staff covering the areas offood safety and quality, plant and animal health, water, soil, waste and environment management, and marketing and trade, amongst others.

RESOLUTIONS COMMITTEE COMMENTS The Resolutions Committee notes that members liave endorsed previous resolutions which have requested that the Province increase its funding of agricultural initiatives that will help to increase the productivity and efficiency of our diverse agricultural sectors (2008-B47).

UBCM - 2009 Resolutions Page 29 of 64 UBCM - 2009 Resolutions

2009 B67 POLICE STAFFING RESOURCES North Cowichan

WHEREAS the RCMP "E" division, from time to time, funds human resource needs analyses in consultation with the support of the Province of British Columbia that examine the complement of both RCMP members and support staff;

AND WHEREAS in the case of detachments with a provincial component, the identified shortfalls are currently not filled due to lack of provincial funding, and the lack of staffing can drastically affect the delivery of police services within a community as well as impact the morale of members and staff:

THEREFORE BE IT RESOLVED that the Province of British Columbia be requested to fully fund its responsibility for the provincial complement of RCMP members and support staff at various detachments throughout the province.

CONVENTION DECISION: ENDORSED AND REFERRED TO RCMP CONTRACT DISCUSSIONS

PROVINCIAL RESPONSE

MINISTRY OF PUBLIC SAFETY & SOLICITOR GENERAL

The RCMP make decisions about allocation of provincial resources based on a number offactors such as crime rates and 'patterns, population size, and economic circumstances. In order to better meet the needs of communities and given the fluid nature of policing, the RCMP may also adapt the deployment of officers as necessary when new patterns develop.

The RCMP in conjunction with the Province consistently review existing resources and integration strategies in order to prevent and reduce crime in BC communities.

It should be noted that the Province also provides significant support through funding initiatives that benefit all municipalities and police agencies, such as DNA analysis and the implementation of PRIME, the province-wide police record management system. There are a number of specialized units that the Province subsidizes or funds directly that would otherwise have to be provided by municipalities, such as the Combined Forces Special Enforcement Unit that combats organized crime.

RESOLUTIONS COMMITTEE COMMENTS The Resolutions Committee advises that the UBCM membership has not previously considered a resolution requesting that the province fully fund its responsibility for the provincial complement of RCMP members and support staff. The Committee would point out tliat there is a long standing UBCM policy relating to adequate staffing for RCMP detachments.

UBCM - 2009 Resolutions Page 30 of 64 BC Lions Society - Proclamation Request

06Jo-3O The British Columbia Lions Society For Children with Disabilities 39H1 Oak Street, Vancouver, B.C. V6H4H5 The British Columbia Lions Society Phone: 604-873-1865 • Fax: 604-873-0166 For Children with Disabilities T |] p 1-800-818-4483 twB? Email: [email protected] "The Easter Seal People" Website: www.lionsbc.ca

His Worship Mayor Tom Walker Mayor's Office District of North Cowichan PO Box 278, 7030 Trans Canada Hwy Duncan, BC V9L 3X4

Dear Mayor Walker,

It would be a privilege and honour to have the District of North Cowichan and your Worship proclaim March as Easter Seals Month for all of the children with disabilities. This year our annual March Easter Seals Month is quite fitting knowing that the Paralympics are coming to BC. Many children who have attended Easter Seals Camp or stayed at Easter Seals House will be playing a role or participating in the games.

As you may know Easter Seals Houses provides 35,000 bed nights per year and is open 365 days a year, 24 hours a day as a "Home for Everyone". The House is a shining light for all the families and children who need a place to stay while they receive medical treatment for illnesses like cancer, facing a trauma situation, or need surgery at the hospital. We also send over 800 children with disabilities (physical or cognitive) to camp each year, for 7 days, 6 nights, at no cost to their parents and guardians.

Ali of the services we provide are funded by donors so once again we will be building awareness and encouraging donors to help the children during

We are grateful to the District of North Cowichan for embracing charities who help the citizens of North Cowichan. If you have any questions, please contact me at 1-800-818-4483 or [email protected]. I look forward to hearing from you.

Sincerely,

Stephen J. Miller President & CEO

BC Lions Society - Proclamation Request Page 31 of 64 Page 32 of 64 BC Lymphedema Association - Proclamation Request

promoting healthy & hopeful living with lymphedema

February 9, 2010

We, the BC Lymphedema Association, are writing to request that your local government proclaim March 6th,, 2010 Lymphedema Awareness Day. This proclamation will raise awareness and understanding of lymphedema, thereby bringing hope and support to those in this community who suffer from this devastating condition. This proclamation will contribute to a worthwhile cause and benefit the community as a whole.

One of our main goals is to promote healthy and hopeful living with lymphedema. Our association needs your help in getting our message out in your community, so we are appealing to you to join many others throughout Canada in proclaiming March 6th Lymphedema Awareness Day.

Most people are not aware that 20–40% of breast cancer survivors (potentially 8,800 in Canada this year) will develop secondary lymphedema. Prostate and gynaecological cancer survivors are also at risk, as are heart, knee and hip surgery patients, as well as those who are injured by burns or severe wounds. It can even affect children, where an individual is born with a malfunctioning lymphatic system (primary lymphedema).

Lymphedema presents as swollen limbs and/or body parts, at times so pronounced that it is extremely disfiguring. It can occur in the upper or lower extremities and can lead to severe infections and loss of limb mobility. It occurs when the lymphatic system is compromised, so fluids carried throughout the body to meet the needs of various organs (e.g., protein to the heart), are blocked and begin to accumulate in body tissues. Cancer treatment is a frequent cause because surgery removes and radiation destroys the lymph nodes. Their function is to act as the “pumps” of the lymphatic system.

Lymphedema is little understood by patients and even by many in the medical community, often leading to problems with diagnosis and treatment, and leaving the afflicted unable to understand their distressing symptoms and what can be done to alleviate them.

Lymphedema cannot be cured – it can only be managed – by bandaging, massage therapy by specialists trained in manual lymphatic drainage techniques, compression garments and specific exercises. Although these techniques only minimize symptoms, they enable sufferers to lead a more active and hopeful life. Unfortunately, treatment and garments are extremely expensive and often not available to lymphedema patients because they are not covered by private or provincial health plans.

It is very likely that people in your community suffer with lymphedema. The courage, hope and faith it takes to live with this disease is strengthened by recognition, support, and encouragement. Your action in proclaiming March 6th Lymphedema Awareness Day will foster understanding of the difficulties lymphedema sufferers endure, encourage community support, and demonstrate a sincere effort to bring hope to those afflicted.

Catherine DiCecca, BCLA President

BC LYMPHEDEMA ASSOCIATION #215 - 5589 Byrne Rd ▪ Burnaby, BC ▪ V5J 3J1 1-866-991-BCLA (2252) ▪ [email protected] ▪ www.bclymph.org

BC Lymphedema Association - Proclamation Request Page 33 of 64 Page 34 of 64 UBCM - West Nile Virus Reduction Initiative

MEMBER RELEASE Changes to the West Nile Virus Risk Reduction Initiative

To: Mayors, Chairs and Administrators

From: Local Government Program Services, UBCM

Date: February 9, 2010

The West Nile Virus Risk Reduction Initiative was developed in 2005 with funding from the Ministry of Health to ensure a proactive approach to mosquito control. The program has been offered to all local governments and in BC, with some opportunities for activities on Crown land, since 2005. The Ministry of Healthy Living & Sport (MHLS) has indicated that there is increasing information regarding the factors that are associated with large outbreaks of West Nile Virus (WNV) - such as the presence of the appropriate species of mosquitoes carrying WNV and confirmed cases in birds and animals. In 2009 in BC, there were two locally acquired human cases and two cases in horses in the Southern Okanagan, and one case in a horse in the Fraser Valley. There have also been cases in adjacent jurisdictions over the past several years.

However, it is now apparent thai, largely due to climate factors, large areas of BC are unlikely to be affected by WNV and, through consultation with MHLS, provincial public health officials have agreed to a re-evaluation of the actual risk of WNV in BC.

Based on this, the 2010 WNV program will be available only to local governments and/or First Nations in the highest risk areas of the province and where conditions warrant intervention at this time based on best available information. This includes the following regional districts (including their members and area First Nations') only:

• Regional District of Central Okanagan Regional District of Okanagan-Siniilkameen Fraser Valley Regional District

Metro Vancouver

These areas have been designated by the Ministry to ensure that sufficient funds are available to meet the requests of the areas of highest priority from a public health perspective.

MHLS has also asked that the 2010 program require that local risk assessments be undertaken prior to the application being submitted. These assessments will identify areas of highest risk within the eligible regional district, as well as mitigation techniques, and help applicants to prioritize work in their area. The local Medical Health Officer (MHO) will be required to participate in the assessment and agree to the local plan by way of signing the funding application before submission to UBCM.

UBCM - West Nile Virus Reduction Initiative Page 35 of 64 UBCM - West Nile Virus Reduction Initiative

As in past years, regional applications will be encouraged, but any eligible app .cant will have fe opportunity to submit on their own, or with another eligible applicant provided toy wo k wHhtoH MHO. Funding allocation, will not be identified, but applicants will be required

to outline their funding request. The 2010 Program & Application Guide and Application Form will be available on the UBCM website shortly. The application deadline will be March 30, 2010.

For more information about the funding program, please contact:

Danyta Welch, Policy & Programs Officer Union of BC Municipalities (250)356-5193 [email protected] For more information about the re-evaluation of the actual risk of WNV in BC or the required local risk assessments, please contact:

Dr. Kelly Barnard, Medical Consultant Ministry of Healthy Living and Sport (250) 952-1445 [email protected]

UBCM - West Nile Virus Reduction Initiative Page 36 of 64 Canadian Association of Home & Property Inspectors

Canadian Association of Home & Property Inspectors (BC) BRITISH COLUMBIA 7

February 4lh, 2010

Mayor Tom Walker and Members of Council District of North Cowichan Box 278 Duncan, BC V9L 3X4

Dear Mayor Walker and Members of Council:

At this time last year, the BC Solicitor General announced a remarkable first in BC and in Canada: Licensing for the BC home inspection industry. I'm writing today to update you on progress and on our increasing experience with homes and properties that were formerly marijuana grow ops or drug labs.

CAHPI(BC) had worked for many years to secure this vital licensing initiative in consumer protection, and this included letters to you to ask for your help. The efforts of so many to support the call for licensing were effective: Licensing was announced on January 30 , 2009. CAHPI(BC) standards were acknowledged as being a competency benchmark, and individuals who had earned the CAHPl(BC) inspection qualifications and designations were granted licenses.

Since then, and the implementation of licensing two months later, British Columbians have been the great beneficiaries. In part that's because those who were not qualified to be in the industry quickly found that licensing's requirement of proof of training and standards chased them from the marketplace. It's also because through licensing, standards in the home inspection industry have continued to climb.

CAHPI(BC)'s commitment to driving consumer awareness and protection has increased, too. With the purpose of a home inspection to better equip people to make an informed decision on what is likely to be the most expensive purchase they'll ever make — the purchase of a home — CAHPi(BC) continues to arm consumers with important information.

#5 - 3304 Appaloosa Road

Kelowna, British Columbia

Canada V1V2W5

Tel: 1-800-610-5665

Outside BC: (250) 491-3979

Fax: 1-866-405-9232

Outside BC: (250) 491-2285

www.talipi.bc.ca

Canadian Association of Home & Property Inspectors Page 37 of 64 Canadian Association of Home & Property Inspectors

Five years ago, CAHPI(BC) launched an initiative that saw us travel throughout the province delivering presentations to municipal councils, real estate boards, lending organizations and others on how to recognize the signs of a grow-op. CAHPI(BC)'s grow-op-recognition training in our continuing education sessions with all CAHPI(BC) inspectors has continuously evolved to keep up with the ever more deceptive efforts of those who take a house that was a grow-op and dump it on the market without performing remediation to make it safe for habitation.

Despite our ongoing education to assist inspectors in recognition of former grow-ops, there is only so much we can do to counter some sellers' deceptive efforts. A home inspection is a visual examination. Comprehensive, to be sure, but visual nonetheless. Contrary to what you may have seen on television, the idea that any home inspection allows carpets to be torn up or holes punched in walls is a myth. No seller would allow a property to be disturbed or damaged in such a manner. With an increasing percentage of BC real estate for sale having been used as grow-ops, the message to those who disguise a home's grow-op history is this: If you can fool a visual inspection, you're in the clear.

Consumers deserve help. They deserve more than the hope that those selling former grow-ops might somehow slip up and leave evidence that gets captured in the visual inspection. We believe it is time in BCfor the creation of a publicly accessible, one- stop, province-wide registry of identified grow-ops, and we have written to the BC government, police officials, and others to encourage their action to create a registry.

Will this solve the problem? Many grow-ops are never found, often being dumped back on the market after only one crop. If the grow-op seller is clever enough to avoid detection by neighbours and the police, handy enough with paintbrush and hammer to disguise the visual damage, and, as you might expect, dishonest in filling out the disclosure statement, the last line of defence is the visual inspection. The formal development of a provincial registry of grow-ops is one essential step in ensuring awareness of their existence. If s also a critical step in their remediation to the satisfaction of qualified public health and safety officials before they can re-enter the 'fit- for-habitation' market If a building has been revealed as a grow-op, consumers should have access to that information, and just as important, whether or not remediation satisfactory to public health and safety officials has occurred.

As we complete the first year of a licensed home inspection industry in BC, I therefore ask once again for your assistance. Please make the attached "Buying a home? Can you tell if it was a grow-op?" available far and wide. Reducing risk is why consumers, whether or not they use the services of a CAHPI(BC) home inspector, should know the warning signs that a house may have been a grow-op.

As well, please consider using your voice to support creation of a one-stop, province- wide registry of grow-ops. Please let us know if our views, inspection experiences, and on-site findings would be of help to you in supporting the call for a registry.

Canadian Association of Home & Property Inspectors Page 38 of 64 Canadian Association of Home & Property Inspectors

Lastly, please take time to read the attached articles, and distribute them as required. The first is from the January 26th edition of The Vancouver Sun and addresses grow-ops and the CAHPI(BC) call for a one-stop, province-wide registry of grow-ops. The second, from the Victoria Times Colonist on January 27th provides an excellent overview of what a home inspection is, and what consumers need to know.

As always, thank you for your efforts to increase consumer awareness and protection, and for the work you are doing in your communities that makes them, and all of us, safer.

Sincerely,

Owen Dickie, RHI, National Certificate Holder President, CAHPI(BC)

On behalf of the Board of Directors of CAHBI(BC)

Chris Stockdale, Vice President, Lower Mainland Craig Hostland, Treasurer, Okanagan/Shuswap Dan Brown, Secretary, Lower Mainland/Fraser Valley Bill Sutherland, Past President, Okanagan/Shuswap Don Ruggles, Director, Vancouver Island Stephen Andrews, Director, Northern BC Doug Brown, Director, Okanagan/Shuswap Bill Parkinson, Director, Vancouver Island

Attachments

Canadian Association of Home & Property Inspectors Page 39 of 64 Page 40 of 64 Minutes - Jan 26

MUNICIPALITY of North Minutes COWICHAN

Meeting Agricultural Advisory Committee

Date January 26, 2010

Time 8:30 a.m.

Place Large Committee Room

Members Present Blaine Hardie, Chair; Gerry Plester, Johanna Mellor, David Groves, Councillor Ruth Hartmann and Mayor Tom Walker (ex-officio) (comprising a quorum)

Members Absent With Notice: Jim Quaife, Marcel Fleurie Without Notice: Robert Davidson, Neil Wilson

Also Present Chris Hall, Director of Planning; James Dias, Chief Administrative Officer (CAO); John MacKay, Director of Engineering and Operations Wayne Haddow, Ministry of Agriculture, Food and Fisheries; Kathy Lachman, Regional Economic Development Commission

Agenda The Committee approved the agenda.

Minutes The Committee adopted the minutes of the meeting held on December 15, 2009.

The Committee reviewed the minutes of the Technical Planning Committee meetings held on December 8, 2009 and January 10, 2010.

Business:

Agricultural Land The Committee reviewed the January 19, 2010 staff report outlining the Reserve (6375 proposed subdivision in the Agricultural Land Reserve to separate a one acre Somenos Road) parcel from the larger ten+ acre property at 6375 Somenos Road (Folio No. 5432.000). The applicants indicated their willingness to place conditions on the remaining nine acre parcel to encourage its use for agriculture. Measures include setting aside $15,000 in trust for drainage improvements, limitations on the size of any new home along with submission of a site management plan prior to construction.

The Committee noted that the existing large residence may be a constraint to seeing the parcel used more intensely for agriculture. At the same time, it was noted that the rationale for creating the new lot could readily be applied to a considerable number of properties in the Municipality and surroundings, resulting in increased parcelization.

Wayne Haddow noted the limitations of the property from an agricultural perspective (drainage and water supply) along with the locational attributes which make it ideal for a small scale farm marketing venture. He indicated that there are other avenues besides subdivision that could permit someone to begin to use the property more fully (ie: lease). The Committee felt that on the basis of

Page 1 of 3

Minutes - Jan 26 Page 41 of 64 Minutes - Jan 26

January 26, 2010 Agricultural Advisory Committee Minutes

the conditions attached to the application, the matter had merit in proceeding to the Agricultural Land Commission. (File: 3025-20 09.03 )

Recommendation : That the Technical Planning Committee be advised that the Agricultural Advisory Committee supports the application being forwarded to the Agricultural Land Commission “with support” noting the applicants proposal to: 1. set aside $15,000 in trust for agricultural improvements to the parent parcel; 2. register a covenant on title of the remainder parcel that: a) restricts residential development until a farm plan has been prepared that identifies the most suitable building location given ground conditions and proposed agricultural operations, and b) limits the size of the residence to 2000sq ft; and, 3. register a covenant on the new lot (containing the existing residence) that recognizes that adjacent lands are designated for agricultural uses which may have an impact on the property.

Information & Discussion:

Quamichan Creek Wayne Haddow provided a verbal report outlining the past efforts to address Drainage; Long water management in the Cowichan River system with a particular focus on the Term Dyking Plans Quamichan and Somenos Creeks impacts on agriculture. More recent work has and Agriculture; and been done through the Cowichan Valley Regional District on water management Cowichan Valley of the Cowichan System and an analysis of flood control measures. As a result Regional District of the November flood event, the water management model is being re- Water Basin Study calibrated. Implementation of the report recommendations are anticipated to be and Agriculture a challenge due to complexities of land management and costs.

The Committee discussed with staff which alternatives are available to stimulate a collective will to address some of the long standing issues around flooding of these systems. It also explored more basic provisions for keeping creeks clear and flowing (ie: debris and beaver management).

Recommendations : 1. That the Agricultural Advisory Committee work on preparing a brief for Council concentrating on Quamichan Creek, but also applying generally to all farm drainages in the Municipality of North Cowichan (Solly, Bonsall, Somenos), and the need for a regular maintenance through Ministry of Environment Section 9 applications or preferably through a water license to be held by the District of North Cowichan.

2. That Council be encouraged to work with others to steward the Cowichan Watershed in a manner that is considerate of both fisheries and agricultural values of the systems; and, further efforts be made to identify authorities and/or administrative arrangements for leading an implementation program for the watershed.

Agriculture Resource The Committee reviewed the Executive Summary of the Vancouver Island and Innovation University study. Cowichan Agricultural Society is helping to address some of the Centre Study report contents.

Page 2 of 3

Minutes - Jan 26 Page 42 of 64 Minutes - Jan 26

Agricultural Advisory Committee Minutes January 26, 2010

Agricultural Advisory Staff advised that David Groves and Blaine Hardie’s terms will expire in late Committee Members April, 2010 and are not eligible for reappointment. Marcel Fleurie and Robert Davison are eligible for reappointment should they wish to be considered for another term .

Correspondence:

Agri-tourism and Item tabled for discussion at the next meeting . Retail Sales Guidelines for Local Bylaws

Adjournment The meeting ended at 10:35 a.m.

Next Meeting The next meeting will be held on February 16, 2010 at 8:30 a.m.

Certified correct

Signature of recording secretary Chair or presiding member

Page 3 of 3

Minutes - Jan 26 Page 43 of 64 Page 44 of 64 Athletic Commission - Jan 28

MUNICIPALITY of North COWICHAN Minutes

Meeting Athletic Commission File 0550-20 AC

Date Thursday, January 28, 2010

Time 7:00 p.m.

Place Municipal Hall, Large Committee Room

Members Present Councillor Garrett Elliott, Chair; Ed Gardner, and Scott Sheets

Others Attending Ernie Mansueti, Parks and Recreation Director

Minutes: The Commission adopted the minutes of the meeting held on May 14, 2009.

Business:

Garside / Olivio The Commission reviewed a report dated June 10, 2009 from Edwin Garner Report regarding the Garside / Olivio fight.

Petrovic Application Wally Petrovic and Curtis Lee Turcotte appeared before the Commission. - MMA Fight April The main event will be a World Boxing Title Fight (Jeannine Garside vs 24, 2010 – Fuller Lindsay Garbatt). Also included will be Undercard Amateur Boxing and Kick Lake Arena Boxing Fights that will be regulated and affiliated with the International Sports Karate Asscociation (ISKA). ISKA has a complete set of rules that covers boxing and mixed martial arts. The safety of the fighters is their main focus. A doctor and paramedic will be present at the event. Full medical examinations will be conducted. Curtis Lee Turcotte will provide Ernie Mansueti the complete set of rules as per ISKA.

The Women’s International Boxing Association (WIBA) will provide the Commission with official documents sanctioning the World Title Fight. Wally Petrovic stated that the WIBA has granted tentative approval for this event. The WIBA will appoint a supervisor for the fight.

Wally Petrovic stated that only one of the fights is slated to have minors (a 13 year old and a 14 year old).

The Commission directed staff to contact Curtis Lee Turcotte and ensure that the ISKA rules are received.

The Commission will require the promoter to have a medical doctor (with confirmed credentials) and a paramedic with a full jump kit in attendance for all the bouts. A doctor’s note dated within 30 days prior to the amateur bouts that states that each of the fighters is fit is also required. This is in addition to full pre-fight and post medical examinations.

A full security plan will be required which will include how many security personnel, their qualifications, and Head of Security (with his/her credentials).

Page 1 of 2

Athletic Commission - Jan 28 Page 45 of 64 Athletic Commission - Jan 28

January 28, 2010 Athletic Commission Minutes

Recommendation : Further review of this event will occur at the next Commission meeting.

John Cooper, King John Cooper, “King of the Cage” promoter, made a presentation to the of the Cage – MMA Commission to have a predominantly professional mixed martial arts event at Pro Fight July 2010 the Island Savings Centre on July 17, 2010. The amateur fights will be – Island Savings conducted and overseen by Sports BC. John Cooper stated that British Centre Columbia Mixed Martial Arts (BCMMA) is working with Sports BC to have the rules in place. The rules are in their infancyand have not been endorsed by Sports BC. John Cooper believes the rules should be adopted before the summer.

The City of Vernon has used the Sports BC rules in 2009. The amateur proposed rules include that no knees or elbows are used and include a lower tolerance by Referees.

John Cooper is proposing 1 show in 2010, with 11 – 15 fights in which 2 – 3 will be amateur. He has conducted cards in Calgary, Vernon, Prince George and several in .

The fights will include a 30 foot round caged ring (the same size as Ultimate Fighting Championship uses). Mr. Cooper has invited the Commission to attend his March 12, 2010 event that will be held in Nanaimo.

The Commission directed staff to contact members of the Nanaimo Athletic Commission in regard to Mr. Cooper’s previous promotions and their working relationship with him.

The Commission also directed staff to contact Sports BC to determine the likelihood of an overseeing body being in place by July 2010.

Recommendation : Further review of this event will occur at the next Commission meeting.

Adjournment The meeting ended at 8:55 p.m.

Next Meeting The next meeting will be held Friday, February 5, 2010 at Noon (North Cowichan Municipal Hall)

Signature of recording secretary Chair or presiding member

Page 2 of 2

Athletic Commission - Jan 28 Page 46 of 64 Minutes - Jan 25

MUNICIPALITY of North Minutes COWICHAN

Meeting Parks and Recreation Commission

Date January 25, 2010

Time 4:00 p.m.

Place Large Committee Room

Members Present Councillor Garrett Elliott (Chair); Mayor Tom Walker (ex-officio); Councillors Ruth Hartmann (after 4:14 p.m.) and John Koury (part); City of Duncan Councillor Tom Duncan; Ann Andersen (School District No. 79 - Cowichan Valley); Barry Bayes; Joyce Behnsen; Mona Kaiser; Deb Melnyk; and Jeffrey Ratcliff (comprising a quorum)

Members Absent Cowichan Tribes Councillor Howie George and Alison Rimmer

Also Present J.S. Dias, Chief Administrative Officer; Ernie Mansueti, Parks and Recreation Director; and Mary Beth MacKenzie, Deputy Clerk

Agenda The Commission approved the agenda as amended.

Minutes The Commission adopted the Regular minutes of the Parks and Recreation Commission meeting held on November 30, 2009.

Business:

Support Policy for The Commission reviewed the January 14, 2010 Deputy Parks and Recreation National Level Director’s report providing information on the development of a policy for Athletes granting national-level or higher athletes access to recreational facilities, and the results of a survey of Vancouver Island municipalities. Noting that Pacific Sports Centre (also known as Canadian Sports Centre) has a mandate on the development of BC Provincial performance athletes up to and including Canadian podium-targeted athletes, and athletes presenting a valid identification card issued by Pacific Sports Centre are granted free access to the Cowichan Aquatic Centre, it was suggested that these athletes be vetted through the Pacific Sports Centre.

Recommended Resolution: that Council direct staff to connect high caliber athletes within our community with the Pacific Sports Centre to ensure access to recreational services through the Pacific Sports Centre mandate.

Recommendation: that staff be directed to consult with Pacific Sports Centre to determine the level of athletes it supports and whether it accredits Special Olympics athletes, and report back to the Parks and Recreation Commission for future consideration of whether or not to develop a policy or bylaw amendment to grant no-charge or reduced admission costs to individuals participating at a national level or higher.

Page 1 of 4

Minutes - Jan 25 Page 47 of 64 Minutes - Jan 25

January 25, 2010 Parks and Recreation Commission Minutes

Healthy Food and Recommended Resolution: that Council receive the “Building a Healthy Food Beverage and Beverage” strategy as outlined in the Deputy Parks and Recreation Director’s January 19, 2010 report; and further, that the nine strategies contained within the report be implemented.

Long Term Needs The Commission reviewed the November 25, 2009 Parks and Recreation Analysis - Director’s report on the long term needs analysis for recreation facilities. Recreation Facilities Recommended Resolution: that Council endorse the Long Term Needs Analysis for Recreation Facilities recommendations and next steps outlined in the Parks and Recreation Director’s November 25, 2009 report, summarized as follows:

• develop Somenos Sports Fields as soon as possible; • complete Sherman Soccer Complex as soon as possible; • continue plan evaluation for a community/recreation centre in Chemainus; • construct a second sheet of ice in the CVRD, with the CVRD taking responsibility to ensure that location and cost-sharing issues are resolved in discussions with all communities and Electoral Areas before initiating planning and design; • continue to support the CVRD Parks Department in its responsibility for the Trans Canada Trail and continue to develop District trails that will connect with the Trans Canada Trial and neighbouring community trail systems with funding support from development cost charges; • continue to develop Crofton waterfront ensuring it is an interesting and vibrant area for a range of uses; • develop an easily accessible skate park in Chemainus to accommodate skate boarders and BMX bikes; • write the CVRD in support of a regional outdoor recreation park for motor sports to ensure regional participation; • engage the CVRD in a process to determine the best kind of facility to be developed in the former Aquannis Centre and work towards securing funding; and • establish a Parks Development Cost Charges fund to offset land acquisition and development costs for facilities noted above.

Fishing and Wildlife The Commission reviewed the Parks and Recreation Director’s January 5, 2010 Viewing Pier - Fuller report advising that all outstanding items identified by Council at its October 21, Lake 2009 meeting have been completed, and recommending the project proceed as planned.

Recommended Resolution: that Council approve the proposed project to install a fishing pier in Fuller Lake as outlined in the Parks and Recreation Director’s report dated January 5, 2010, subject to the pier: 1) being located on the north- west side of the property to the left of the swimming area; 2) and dock being handicap-accessible; 3) being CSA approved and meeting North Cowichan Building Department requirements; 4) including signage for safety and liability purposes; and 5) being 40 ft. in length, with the dock 10 ft. x 40 ft. as per the design.

Page 2 of 4

Minutes - Jan 25 Page 48 of 64 Minutes - Jan 25

Parks and Recreation Commission Minutes January 25, 2010

Jeffrey Ratcliff left the meeting at 5:25 p.m.

Establishment of At the Joint City Committee meeting held September 15, 2009, it was suggested Reserve Fund - that a reserve fund be established to include an annual allocation from operating Cowichan Aquatic costs for future capital upgrades to the Cowichan Aquatic Centre. Centre Recommended Resolution: that Council establish a reserve fund for future capital upgrades to the Cowichan Aquatic Centre.

Councillor Koury left the meeting at 5:39 p.m. during discussion of the following item.

Heron’s Wood Food The Commission reviewed a petition of endorsement and letter of support from Forest individuals and organizations for the proposed Heron’s Wood Food Forest.

Recommended Resolution: that Council approve the Heron’s Wood Food Forest project subject to no costs being incurred by the Municipality.

Harmonized Sales The Commission reviewed the Deputy Parks and Recreation Director’s report Tax (HST) - dated January 19, 2010, outlining the impact that BC Harmonized Sales Tax Admission (HST) - a blend of the Federal Goods and Services Tax (GST) and the Provincial Adjustments Sales Tax (PST) - will have on admission prices at Fuller Lake Arena and Cowichan Aquatic Centre when it is introduced on July 1, 2010. Potential annual losses to the Cowichan Aquatic Centre due to the implementation of the HST are estimated at $35,023.54. Modifications to the current admission prices are needed to offset this loss.

Members of the Commission noted the need to ensure that the public is aware that admission fee adjustments are the result of the implementation of the HST.

Recommended Resolution: that Council direct staff to prepare a bylaw amending the admission fees to Cowichan Aquatic Centre and Fuller Lake Arena as outlined in the Deputy Parks and Recreation Director’s report dated January 19, 2010 to offset increases prompted by the implementation of the Harmonized Sales Tax .

New Business

KidSport BC - The Chair provided a brief update on the KidSport BC public meetings, and the Public Meetings desire to set up a Cowichan Valley Chapter.

Funding The Chair invited members of the Commission to attend an important funding Announcement - announcement for the Somenos Sports Fields on January 27, 2010 at the Island Somenos Sports Savings Centre. Fields

Page 3 of 4

Minutes - Jan 25 Page 49 of 64 Minutes - Jan 25

January 25, 2010 Parks and Recreation Commission Minutes

Start times - On a request from the Chair, members of the Commission agreed to delay the February and March start of the February and March 2010 Parks and Recreation Commission 2010 Parks & meetings to 4:45 p.m. Recreation Commission Meetings

Adjournment The meeting ended at 5:59 p.m.

Certified correct

Signature of recording secretary Chair or presiding member

Page 4 of 4

Minutes - Jan 25 Page 50 of 64 Minutes - Feb 9

MUNICIPALITY of North Minutes COWICHAN

Meeting Technical Planning Committee

Date Tuesday, February 9, 2010

Time 2:00 p.m.

Place Municipal Hall - Large Committee Room

Members Present Councillor George Seymour, Chair; Councillor John Koury; Councillor Al Siebring; and Mayor Tom Walker (ex-officio) (comprising a quorum)

Others Present Jim Dias, Chief Administrative Officer; Chris Hall, Director of Planning; Brigid Reynolds, Planner; Peter Nilsen, Assistant Engineer; Bruce Oliphant, Chief Building Inspector; and Rob Clark, Bylaw Enforcement Officer

Agenda The Committee approved the agenda as amended.

Minutes The Committee adopted the minutes of the meeting held on January 12, 2010.

The Committee reviewed the minutes of the Agriculture Advisory Committee meeting held on January 26, 2010.

The Committee reviewed the minutes of the Advisory Planning Commission meeting held on January 22, 2010.

Business:

Building Permit The Committee received the Chief Building Inspector’s January 2010 report on Statistics local construction activity. He noted the positive start to the year compared to the previous two years.

Temporary Industrial The Committee reviewed the January 29, 2010 staff report. It was clarified that Use Permit - 1793 logs may continue to be imported to the site, but that the work on site must Stamps Road cease by April 23, 2012.

Recommended Resolution : that Council authorize renewal of the Temporary Industrial Use Permit for Mike Taylor at 1739 Stamps Road to operate a single portable saw for cutting lumber on site in accordance with the terms of the Agricultural Land Commission decision (resolution # 151/2008). The permit expires on April 23, 2012 at which time the operation is to cease.

Agricultural Land The Committee reviewed the January 19, 2010 staff report. Reserve - 6375 Somenos Road Recommended Resolution: that Council forward the application for a one lot subdivision of 6375 Somenos Road to the Agricultural Land Commission with its support subject to 1) the applicant setting aside $15,000 in trust for agricultural improvements to the parent parcel; 2) the registration of a covenant on title on the parent parcel that a) restricts the residential development until a farm plan has been prepared that identifies the most suitable building location given ground conditions and the proposed agricultural operation, and b) limits the size of the residence to 2,000 square feet; and 3) the registration for a covenant on

Page 1 of 2

Minutes - Feb 9 Page 51 of 64 Minutes - Feb 9

February 9, 2010 Technical Planning Committee Minutes

the new lot, containing the existing residence, that recognizes that adjacent lands are designated for agricultural uses which may have an impact on the property.

Suites in R2, R2A The Committee considered Anne Jarvis’ letter dated January 26, 2010 regarding Zones and Bylaw her need for a caretaker suite in her home. The Committee reviewed the various Enforcement verbal options including rezoning of the lot from R2A to a zone that permits suites; report making suites permissible in any R2 or R2A zone; or adding a provision for just “caretaker suite” in the zone.

The Committee was sensitive to Ms. Jarvis’ need for this suite. It discussed whether the topics of suites generally should be addressed or whether to focus specifically on the one concern of caretaker needs.

Recommendation : That staff meet with Ms. Jarvis to review her options and prepare a report back to Committee that identifies mechanisms for addressing the specific needs of Ms. Jarvis as well as considerations on whether suites should be permitted more widely and the potential implications.

Bylaw Enforcement Committee reviewed the February 5, 2010 staff report regarding four sites with matters various building code and permit violations. It also noted that staff are preparing a policy directive that will guide how enforcement processes will be addressed.

Recommendation: That staff pursue the actions recommended in the February 5, 2010 staff report and report back when Council action is required.

Adjournment The meeting ended at 3:45 p.m.

Next Meeting The next meeting will be held on February 23, 2010.

Certified correct

Recording secretary Chair or presiding member

Page 2 of 2

Minutes - Feb 9 Page 52 of 64 Bylaw No. 3308 - 1st, 2nd & 3rd Readings

BYLAW NO. 3308 Fuller’s Lake Road Re-naming Bylaw (Fuller Lake Road), 2009

WHEREAS section 39 of the Community Charter empowers a Municipal Council to assign a name to a highway; NOW THEREFORE, the council of The Corporation of the District of North Cowichan, enacts as follows: 1 That portion of dedicated road, formerly named “Fuller’s Lake Road,” running west of Cottonwood Road to the Trans Canada Highway, shown on Schedule “A” attached to, and forming part of this bylaw, shall be re-named “Fuller Lake Road.”

Bylaw readings First reading ...... , 2010 Second reading ...... , 2010 Third reading ...... , 2010 Adopted ...... , 2010

______M. O. Ruttan, Director of Administration T. A. Walker, Mayor

This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan.

Bylaw No. 3308 - 1st, 2nd & 3rd Readings Page 53 of 64 Bylaw No. 3308 - 1st, 2nd & 3rd Readings

Schedule “A”

– 2 –

Bylaw No. 3308 - 1st, 2nd & 3rd Readings Page 54 of 64 Echo Heights - Draft Comprehensive Development Plan

MUNICIPALITY of /VO/T/7 Report COWICHAN

Date February 9, 2010 File: 6700-50 ECHO

To Committee of the Whole

From Chris Hall, Director of Planning Endorsed by

Subject Procedural Matters regarding the Draft Comprehensive Development [Plan, for Echo Heights

Purpose

That Council resolve any outstanding concerns with the draft Comprehensive Development Plan (CDP) and direct staff on moving the process forward.

Background

At its November 9, 2009 meeting, Council reviewed the draft CDP for Echo Heights.

The main outstanding issue was whether or not Council wished to include a provision regarding the use of performance measures for the construction of housing. Staff advised there are two standards that are generally accepted - notably LEED and BuildGreen.

At the January 12, 2010 Technical Planning Committee meeting, to which all of Council was invited, a presentation on both standards was provided by three people knowledgeable in the area. A follow up report is attached regarding the options Council may wish to consider

Next Steps

Once Committee is satisfied that the content of the draft is acceptable, it should consider how it wishes to inform the community. The process of adopting the CDP is through an Official Community Plan (OCP) amendment process. That process requires that Council follow the steps outlined in legislation as set out below. Staff will provide a report respecting these matters once the document has been given first reading.

As part of the process of releasing the plan and starting the adoption process, Council had indicated that it wished to convey the key components of the plan to the community, not just Chemainus, but all of North Cowichan. This may best be achieved through a pamphlet or brochure format or through an insert in the local paper(s). Council will also need to consider any added information sessions it wishes to provide prior to a formal public hearing on the plan. Since the document is substantially as presented in prior sessions, it is not considered necessary to have a specific meeting to debate content, but rather to inform on the elements of the plan in advance of the hearing. This can be achieved through an open house session where staff can respond to individual questions on the document.

Recommendation

1. That Council resolve any outstanding matters with respect to the draft Comprehensive Development Plan and direct staff to amend the Comprehensive Development Plan as necessary (including insertion of any appendices) and forward to Council for consideration for first reading of an Official Community Plan amendment bylaw.

cjhfeb9_10riy Committee of Ihe Whole.wpd 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca

Echo Heights - Draft Comprehensive Development Plan Page 55 of 64 Echo Heights - Draft Comprehensive Development Plan

Page 2

2. That Council direct staff to prepare a communication package including press release, and household brochure outlining the components of the plan and identifying dates for any information sessions. 3. That Council direct staff to prepare a report regarding the items set out in Section 879 of the Local Government Act.

Local Government Act

879 (1) During the development of an official community plan, or the repeal or amendment of an official community plan, the proposing local government must provide one or more opportunities it considers appropriate for consultation with persons, organizations and authorities it considers will be affected.

(2) For the purposes of subsection (1), the local government must

(a) consider whether the opportunities for consultation with one or more of the persons, organizations and authorities should be early and ongoing, and

(b) specifically consider whether consultation is required with

(i) the board of the regional district in which the area covered by the plan is located, in the case of a municipal official community plan,

(ii) the board of any regional district that is adjacent to the area covered by the plan,

(iii) the council of any municipality that is adjacent to the area covered by the plan,

(iv) first nations,

(v) school district boards, greater boards and improvement district boards, and

(vi) the provincial and federal governments and their agencies.

(3) Consultation under this section is in addition to the public hearing required under section 882 (3) (d).

Director of Planning

/ly attachment

cjhfeb9 10rly Committee of the Whole wpd

7030 Trans Canada Highway. Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca

Echo Heights - Draft Comprehensive Development Plan Page 56 of 64 Echo Heights - Draft Comprehensive Development Plan

MUNICIPALITY of A/O/T/7 Memo cowichan

Date February 10, 2010 File: 3380.20 09.01

To Committee of the Whole

From Audrey Rogers, Planner

Subject LEED® and Built Green™ Potential for Echo Heights

Purpose

The purpose of this report is to present information about each of the above systems that have been developed to build and prove energy efficient buildings. Council has requested more information prior to considering the Comprehensive Development Plan for Echo Heights. This report supplements the presentation made on January 12, 2010

System Development

Each system has been created by the development/builder community.

LEED®

LEED® began in the USA by developers interested in providing a superior energy efficient building and becoming concern when others would "say" that their buildings achieved the same goals. They determined that a third party certification system was needed to ensure that the public/building owners/operators knew that they were getting what they paid for.

The US Green Council, the non-profit organization that implements LEED®, was founded in April 1993. Since 1993 LEED® has developed a number of products and standards initially focused on larger commercial, institutional buildings but have developed a more extensive product that includes New Construction (large buildings), Core, Interior, Existing Buildings, Homes, and Neighbourhoods. LEED® has seen significant growth in the development of energy efficient buildings.

Since 2001, more than 10,000 Canadian building professionals have trained and received the LEED® Accredited Professional designation. LEED® has become a well recognized standard in the industry across the country.

Echo Heights - Draft Comprehensive Development Plan Page 57 of 64 Echo Heights - Draft Comprehensive Development Plan

Page 2

BUILT GREEN™

Built Green™ began in Alberta and BC, in part, stemming from the NRCan's1 R2000 standard and related training. After two years of exploration the interest and consultation the Built Green™ Society was incorporated in October 2004. Built Green™ rating systems are available through Home Builders' Associations and are meant to be a voluntary process through the association. EnerGuide for New Houses is the rating and labeling system for the program. The society determined that every home would be tested for air tightness by a third party. The committee also felt a mandatory education component for builders was needed and selected NRCan's R-2000 builder training to fulfill this need.

Initially, Built Green™ has focused on new homes but is working to expand into the multi-storey / multi- family market.

Rating System

Each has a rating system that includes a checklist.

LEED®

The LEED® system expects 3rd party certification to prove that the building achieves the stated rating. The LEED® system provides a level of confidence to the owner / operator of the building that certain goals that will impact future operation and maintenance costs have been achieved. The higher the rating, the more challenging the goals. The ratings are certified, silver, gold, or platinum.

LEED® is built around achieving points based on six main principles: innovation in design, indoor environmental quality, materials and resources, energy and atmosphere, water efficiency, and sustainable sites.

BUILT GREEN™

The Built Green™ rating system program includes mandatory Builder Training (made possible by a financial contribution from Natural Resources Canada) and third-party testing, inspections and audits. Similar to LEED, the higher the rating the more challenging it is to achieve. The ratings are bronze, silver, gold, or platinum.

Built Green™ is developed around four main principles with additional points based on the due diligence of the builder: energy efficiency, indoor air quality, resource use (including waste management), overall environmental impact.

1 National Resources Canada

7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4

Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca

Echo Heights - Draft Comprehensive Development Plan Page 58 of 64 Echo Heights - Draft Comprehensive Development Plan

Page 3

REQUIREMENT LEED BuiltGreen

Energy modeling

Materials, finishes

Interior air quality and ventilation

Waste Management V

Water Conservation V greater emphasis in V water catchment and impact on municipal water systems (of benefit to the Municipality)

Builder Practices - this deals with the builder, and their broader due diligence and business practices.

Sustainable sites

Rewards building density in urban environments

Benefits

Appliances, windows, and heating systems have become much more efficient as a result of these programs and government regulation.

Power suppliers, such as BC Hydro, find that by encouraging conservation, there is less need to increase capacity, and that increasing capacity is costly and often challenging.

The public, concerned about the increasing cost of power, also have access to a number of programs that help them decrease the use of power in existing buildings. Members of the public will prefer having the option of buying a new building that has an efficiency rating to save operation and maintenance costs.

The training involved to build more efficient buildings is value added and will improve the skills of local trades making them more marketable into the future.

Commitments to energy efficient programs allows access to government grants to support such

programs.

7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4

Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca

Echo Heights - Draft Comprehensive Development Plan Page 59 of 64 Echo Heights - Draft Comprehensive Development Plan

Page 4

What Other Communities are Doing

SAANICH

The District of Saanich is one of the first programs on the Island to provide rebates on the cost of a building permit for reaching efficiency targets. They built the program on the NRCan EnerGuide / Built Green™ program.

SOOKE

The District of has developed a Bylaw that provides tax exemptions, building permit fee reductions, DCC reductions and rebates - all can be obtained simultaneously. DCCs will be reduced by up to 60% for LEED® Certification (30%) and for achieving a minimum density of 50 dwelling units per hectare (30%), within their revitalization area. Building permit fees will be reduced up to 100% for LEED® Certification (50%) and for achieving a minimum density of 50 dwelling units per hectare or a commercial development (50%). The municipal portion of taxes will be reduced by 100% the first year, 60% the second, and 30% the third for LEED® certification.

UCLUELET

The District of has taken an approach that focuses on renovation with two programs: Energy Efficient Hot Water Heating (Solar) Upgrade and the LiveSmart Ucluelet program. The first appears to reduce the cost of installation by approximately 50%. The second is a joint venture between the District of Ucluelet and the Provincial government. LiveSmart is aimed at providing existing homes with an opportunity to reduce their carbon footprint and impact on the environment, by providing financial assistance for energy audits, and renovation money up to $1,700. Upon the completion of all energy audits the District will release the potential carbon emission savings that have resulted from the program as part of their climate action plan. Home owners save on money on hydro bills, and make their homes more energy efficient

Discussion

With respect to the Echo Heights property, one of the core principles is to develop in as smart and sustainable fashion as possible. Ideally this should extend to the buildings on the site.

The Municipality is committed to considering utilizing alternate development standards and housing choices on municipal property to showcase higher standards or objectives.

The objectives of the CDP supports the development of a "green" neighbourhood and, as a result, should provide access to grants for its development. This possibility will be greater for both the potential developer and/or the Municipality if the Municipality recognizes existing certification programs. Utilizing existing programs also recognizes the amount of risk already taken by others in the program development and has a defined process/practice/experience by which issues that arise can be worked out.

7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4

Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca

Echo Heights - Draft Comprehensive Development Plan Page 60 of 64 Echo Heights - Draft Comprehensive Development Plan

Page 5

Options 1. Not incorporate any expectation with respect to utilizing such certification procedures as LEED®or Built Green.

In staffs option this would represent a lost opportunity after the extent to which the CDP seeks to address overall site development as responsibly as possible.

2. Provide some acknowledgement and incentives to builders that construct using a certification procedure; or

3 Establish a minimum standard and give consideration to builders/developers who commit to a certification program such as LEED® or Built Green™ for new construction. By doing so, the builder developer would be rewarded through reduce municipal fees, costs, or taxes. The developer/builder will also find a ready market for the product.

With respect to options 2 and 3, simple certification is easy to obtain at little or no cost. This option may not achieve excellence; however, the builder developer may find that the market is more sophisticated around better buildings and eventually move to exceed the minimum LEED® or Built Green™ standards in the future.

4. Consider a more challenging LEED® standard and, in addition to reduced fees, costs, or taxes, work with builders/developers to obtain grants to obtain the much higher standard.

This option has merit since it elevates the knowledge and training of Municipal staff, the development community, and the public leading to a more sustainable community and likely increasing the ability of the community to address new regulations more quickly.

Recommendation

That Council chose options 2, 3 or 4.

Attachments

EnerGuide for Houses Ratings

LEED® Canada for Homes, Simplified Project Checklist

Built Green™ Checklist 2010

7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4

Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca

Echo Heights - Draft Comprehensive Development Plan Page 61 of 64 Page 62 of 64 Reduction of Municipal Boundary

MUNICIPALITY of NOftl) Report cowichan

Date February 11, 2010

To Council Endorsed by From J. S. Dias, Chief Administrative Officer

Subject Reduction of Municipal Boundary

Purpose

To provide council with some background on a suggestion of boundary reduction.

Background

Mayor Walker met with Mr. Clayton Balabanov who indicated he represented a group in Chemainus who wished to explore removing Chemainus from North Cowichan and reincorporating as a new, independent local government.

Discussion

As a result of recent email correspondence between Mr. Clayton Balabanov and Mayor Walker, Council may be aware of an initiative in Chemainus whereby the community of Chemainus would secede from the Municipality of North Cowichan. While this appears to be a sincere effort by a particular group, the reality of this occurring is remote if not impossible—particularly if the goal after secession is to be reincorporated as a new level of local government.

In discussions with the Ministry of Community and Rural Development, they indicated that past representations from unorganized areas of the Cowichan Valley Regional District (i.e. Saltair), have resulted in the province's position being, "We will not incorporate any new local governments in this area. If you wish to incorporate, you have a choice of either joining the Town of Ladysmith or the District of North Cowichan."

Given this position, it is unlikely that Chemainus residents would be successful in incorporating a new level of local government, even if they were initially successful in a secession attempt. The Local Government Act, s. 26, states,

26 (1) On the request of the council made in accordance with this section, the Lieutenant Governor in Council may, by letters patent, reduce the area of a municipality.

(2) Before making a request for reduction, a council must

(a) give public notice of its proposed request in at least 2 consecutive issues of a newspaper and once in the Gazette,

(b) obtain the consent in writing of at least 60% of the electors of the area proposed to be excluded, and

jsdfeb09_2010rndt_municipal boundary reduction

7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca

Reduction of Municipal Boundary Page 63 of 64 Reduction of Municipal Boundary

Page 2

(c) receive the assent of the electors, unless this requirement is waived under subsection (4).

If the estimated electors of the seceded area is 2400, signed consent forms would be required from 1440 of them.

In addition to the above, any reduction in municipal area would require the assent of the electors unless such assent is waived by the minister. It does not seem reasonable that the minister would waive the requirements of assent of the rest of the Municipality of North Cowichan while the Municipality owns considerable assets in the Chemainus area. To name only a few: Municipal Forest Reserve lands, other municipally-owned lands (i.e. Echo Heights, Askew Park, Fuller Lake Park), buildings, fire halls, etc. Obtaining the assent of the electors would require a referendum and may generate a strong emotional response from the rest of North Cowichan residents.

In light of what I was told when I contacted the Ministry and inquired about likelihood of reincorporation, and even if the process was successful and the area excluded from the Municipality, the excluded area would become a rural area. In discussions with Ministry representatives, this would require the area to become part of the immediately adjacent and contiguous electoral area. Thus, Chemainus would not achieve the autonomy they appear to be seeking, but instead, would become part of Cowichan Valley Regional District Electoral Area G - Saltair/Gulf Islands.

There are additional requirements regarding creditor assent, debt discharge, resolution of liabilities, etc.

Recommendation

That Council direct staff to advise Mr. Clayton Balabanov to outline his request, in writing, to the Municipality; and further, advise Mr. Balabanov that the required process, if supported by Council, will be public, open and transparent.

7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca

Reduction of Municipal Boundary Page 64 of 64