SLRD Regular Meeting Agenda September 29, 2008; 10:30 AM New Pemberton Community Centre 7390 Cottonwood Street, Pemberton BC

Item Item of Business and Recommended Action Page Action Info 1 Call to Order 9

2 Approval of Agenda 9

2.1 Kim Needham – Climate Change / Peak Oil Presentation n/a 9

3 Committee Reports and Recommendations

3.1 Electoral Area Directors Committee Recommendations of n/a 9 September 8, 2008:

1. Pemberton Valley Agricultural Area Plan; Electoral Area C – Terms of Reference THAT the terms of reference for the Pemberton Valley Agricultural Area Plan be endorsed.

THAT the Pemberton Valley Agricultural Area Plan budget increase to $60,000 based on SLRD funding of $30,000 and Investment Agriculture Foundation of funding of $30,000.

2. Referral: Village of Pemberton Bylaws 617 & 618 OCP Amendment Bylaw 617, 2008 (Designation of previously undesignated land to TC – Town Centre Commercial) & Zoning Amendment Bylaw 618, 2008 (zoning of previously unzoned lands to C1 – Town Centre Commercial 1)

THAT the following comments regarding Village of Pemberton Bylaws 617 & 618 be forwarded to the Village of Pemberton:

‘The amendment of undesignated/unzoned lands along Portage Road to a Commercial Town Centre Designation and Zoning proposed by Village of Pemberton Bylaws 617 and 618 is consistent with the policy direction of the draft Regional Growth Strategy and SLRD Electoral Area C Official Community Plan, in that the proposed change will: SLRD Regular Meeting Agenda - 2 - September 29, 2008

Item Item of Business and Recommended Action Page Action Info (a) Concentrate development into existing settlement areas, maintaining a compact urban form & accommodating commercial growth within the urban boundaries of Pemberton; and

(b) Support the Village of Pemberton as the established business and service centre.’

3. District of Squamish Official Community Plan Bylaw No 1536, 1998, Amendment Bylaw (Watercourse Regulations) No. 2062, 2008 THAT the referral for District of Squamish Official Community Plan Bylaw No 1536, 1998, Amendment Bylaw (Watercourse Regulations) No. 2062, 2008 be received.

THAT the District of Squamish be advised that the SLRD is of the opinion that the District of Squamish Official Community Plan Amendment Bylaw 2062 is consistent with the Regional Growth Strategy as at first and second reading.

THAT the SLRD commend the District of Squamish for its high standard taken toward the protection of riparian areas.

4. Proposed Subdivision at – Lot 2, Plan 22578, DL 5384 and 8543 and Part of Lot 1, Plan 33798, (except Plan KAP57208) DL 5380 LLD, Chris and Karen Donald – Electoral Area A THAT the Chair and CAO be authorized to execute a covenant in conjunction with the proposed subdivision of Lot 2, Plan 22578, DL 5384 and 8543 and Part of Lot 1, Plan 33798, (except Plan KAP57208) DL 5380 LLD at Tyaughton Lake acknowledging that year round access to the property is not guaranteed.

5. Application for subdivision in the Agricultural Land Reserve for Block A, District Lot 990, Plan 10882, Pennie McNutt – Upper Squamish Valley, Electoral Area D THAT the Squamish- Regional District recommends that the application for subdivision in the ALR for Block A, District Lot 990, Plan 10882, NWD not be supported and the application not forwarded to the Agricultural Land Commission

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Item Item of Business and Recommended Action Page Action Info

6. Electoral Area Fire Services Regulation Bylaw THAT Staff revise the Electoral Area Fire Services Regulation Bylaw based upon committee discussions;

AND THAT Staff facilitate a workshop with Electoral Area Directors; SLRD Fire Departments; municipal Fire Chiefs and Fire Commissioner representatives regarding the May 2008 Office of the Fire Commissioner Bulletin.

7. Bridge THAT a confirmation letter be sent to Ben Svarckopf, referring him to the Ministry of Forest regarding the Cadwallader Creek Bridge.

8. Lillooet Lake Estates – Request for Funding of Garage THAT $30,000 from Area C Fire Hall Reserve in Special General Select Services be authorized to Lillooet Lake Estates for their garage to house the fire equipment.

9. Office of the Fire Commissioner THAT the correspondence be referred to all SLRD Fire Chiefs.

3.2 Pemberton Valley Utilities and Community Services Committee n/a 9 Recommendations of September 16, 2008:

1. Children’s Programme Supervisor THAT a Children’s Programme Supervisor position be approved in principal;

AND THAT Staff bring forward financial implications of establishing a Children’s Programme Supervisor position.

2. Recreation Advisory Council THAT Staff revise the draft Pemberton Recreation Advisory Committee bylaw in accordance with Committee discussion and Staff notes.

THAT the Recreation Department Operational Flow Chart be adopted as a guiding principle for organization of the Pemberton Community Centre.

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Item Item of Business and Recommended Action Page Action Info

3. Pemberton Community Centre Field and Room Booking Agreements THAT the Field Bookings Agreements and Room Booking Agreements be approved as presented.

4. Old Pemberton Community Centre Lease Extension THAT the SLRD accept the Old Pemberton Community Centre lease extension to March 31, 2009 with School District 48;

AND THAT an extension of the Old Pemberton Community Centre lease till March 31, 2010 be requested of School District 48.

5. Pemberton Seniors Funding Request THAT $3120 from the Pemberton Recreation Service funds be authorized for the Pemberton Seniors’ Society’s Exercise programme.

AND THAT the Pemberton Seniors’ Society be requested to track and submit to the SLRD the number of exercise programme participants.

6. Pemberton Youth Soccer THAT funding from the Pemberton Recreation Service be utilized for a portable toilet at the Old Pemberton Community Centre fields.

7. Pemberton Equifest 2008 – Request for funding THAT a report on 2009 Pemberton Equifest costs be requested from the Pemberton Equifest organizers.

THAT $3500 from Pemberton Recreation Service be authorized to the Pemberton Equifest organization.

3.3 Pemberton/Area C Economic Development Commission n/a Recommendations of September 8, 2008:

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Item Item of Business and Recommended Action Page Action Info

1. Additional funding for Pemberton/Area C Economic Development Commission THAT a letter be sent, under signature by Economic Development Chair, to organizations that benefit from the Pemberton/Area C Economic Development function, requesting financial contributions to this service.

2. Application for Live Nations’ Community Grant THAT an application be submitted to the Pemberton Chamber of Commerce for a Live Nations Community funds grant for Pemberton/Area C Economic Development Consultant conference fees.

3. Pemberton Economic Development Conference THAT the Pemberton/Area C Economic Development commission explore the opportunity for holding an Economic Development Conference in Pemberton BC.

3.4 Recommendations Released from June 23, 2008 In-Camera n/a Status:

1. LMTAC Executive Follow Up: CONFIDENTIAL - Memo to Metro Directors (re Pacific Spirit Park) THAT the position on Pacific Spirit Park put forward by the GVRD be supported;

AND THAT the Provincial Government be requested to include Local Governments at the onset in land negotiations which will affect Local Government holdings.

2. Personnel Reclassifications THAT the Planning Research Clerk be reclassified to the position of Planning Technician;

THAT the position of Building and Planning Clerk be changed from a temporary to a permanent full-time position.

3. Britannia Bay Properties Latecomer Agreements THAT the SLRD enter into a Latecomer Agreement for excess services provided at Britannia Beach with Britannia

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Item Item of Business and Recommended Action Page Action Info Bay Properties Ltd. which is in compliance with the provisions of the Local Government Act and the details of the Master Waterworks Plan and the Master Sewage Collection and Disposal Plan.

4. Britannia Bay Properties Land Expropriation THAT the transfer to Britannia Bay Properties Ltd of money arising from the expropriation of lands originally owned by Britannia Bay Properties Ltd by the Sea to Sky Highway Upgrade Project be approved.

5. Electoral Area C Agricultural Advisory Committee Appointments THAT Ms. Roxy Kuurne, Mr. Martin Van Loon, and Ms. Brenda McLeod be re-appointed to serve on the SLRD Electoral Area C Agricultural Advisory Committee for a two year term, commencing January 1, 2008 and ending January 1, 2010.

AND THAT (a) Mr. Hugh Naylor and (b) Mr. Patrick Bradner be selected for appointment to serve on the SLRD Electoral Area C Agricultural Advisory Committee for a two year term, commencing January 1, 2008 and ending January 1, 2010.

6. Pemberton/Area C Economic Development Commission Appointment THAT Paul Selina be appointed to the Pemberton/Area C Economic Development Commission.

7. Mt. Meager Landslide and Flood Risk Legal Opinion THAT the Mount Meager Landslide Notice of Hazard to be published yearly, other than in months June, July, and August.

THAT a Sec.56 of the Community Charter report in relation to the Mt. Meager landslide hazard not be required.

8. Britannia Beach Volunteer Fire Department Accommodation THAT the Board authorize Staff to proceed with Options #1 or #1A, ad #2, and #7, as per the attached Table of

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Item Item of Business and Recommended Action Page Action Info Accommodation Options and more detailed analysis below (March 31, 2008 meeting).

9. Bylaw 1036; Green River Estates; First Nations Consultation and Accommodation Legal Opinion, Electoral Area C THAT SLRD CAO, and Area C Director Gimse meet with Chief Andrews and Lil’Wat Nation staff.

10. Britannia Beach Rent Settlement THAT the Board authorize Staff to proceed with settlement of the claim by the BC Museum of Mining for back rent on the Britannia Beach Fire Hall (Garage and Lounge) in exchange for a short term arrangement for housing the new fire truck in the Museum’s workshop bay until August 31, 2008.

4 Bylaws

4.1 Unweighted Corporate Vote

4.1.1 Bylaw 1029 - Application for rezoning: DL 1543, Lot 8 17 9 (Walkerville); Electoral Area C

1. THAT provincial agency comments be received.

2. THAT Bylaw No. 1029, cited as ‘Squamish Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002, Amendment Bylaw No. 1029, 2007’ be read a second time.

3. THAT the Board of the Squamish Lillooet Regional District delegate the holding of a public hearing to Electoral Area ‘C’ Director Susan Gimse, with Director Jordan Sturdy as alternate delegate pursuant to Section 891 of the Local Government Act, for the consideration of ‘Squamish Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002, Amendment Bylaw No. 1029, 2007.’

4. THAT the public hearing for consideration of Bylaw No. 1029, 2007 be held at 7 pm on Thursday, November 6, 2008 at the SLRD boardroom, 1350 Aster Street, Pemberton, BC.

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Item Item of Business and Recommended Action Page Action Info

4.1.2 Bylaw 1049 - Application for rezoning: Sky Blue Water Resort; 24 9 Electoral Area B; Ts’kw’aylaxw First Nation

1. THAT agency comments be received.

2. THAT Bylaw No. 1049, cited as ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1049, 2008’ be read a second time as amended.

3. THAT the Board of the Squamish Lillooet Regional District delegate the holding of a public hearing to Electoral Area ‘B’ Director Mickey Macri, with Director Russ Oakley as alternate delegate pursuant to Section 891 of the Local Government Act, for the consideration of ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1049, 2008.’

4. THAT the public hearing for consideration of Bylaw No. 1049, 2007 be held at 7 pm on Wednesday, November 12, 2008 at the Pavilion Band Office, 35100 Highway 99, Pavilion, BC.

5. THAT a s.219 covenant for the protection of a 30 metre riparian area buffer (including provisions for managing run- off and riparian area planting, and restrictions on artificial beaches and hardening of shoreline) be registered on title prior to adoption of Bylaw 1049, 2007.

6. THAT a s.219 covenant for regulation of wastewater treatment (including the requirement for a Type 3 treatment system and a restriction on placing sewage treatment facilities within 100 metres of the lake) be registered on title prior to adoption of Bylaw 1049, 2007.

7. THAT a preliminary archaeological assessment be completed prior to adoption of Bylaw 1049, 2007, as per Ministry of Tourism, Sport, and the Arts recommendations.

8. THAT the drinking water system be brought into compliance with the Drinking Water Protection Act and regulations prior to adoption of Bylaw 1049, 2007, as per Interior Health Authority requirements.

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Item Item of Business and Recommended Action Page Action Info

9. THAT a certificate of remediation regarding the buried gas tank be received prior to adoption of Bylaw 1049, 2007, as per Ministry of Environment requirements.

4.1.3 Bylaw 1074 - Application for rezoning: DL 587 LLD; ; 36 9 Electoral Area A

THAT Bylaw No. 1074, cited as ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1074, 2008’ be read a third time.

THAT Bylaw No. 1074, cited as ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1074, 2008’ be adopted.

4.1.4 Bylaw 1093 - Application for rezoning; Unsurveyed Crown land 42 9 near Gold Bridge, BC; Electoral Area A (EAD Recommendation)

1. THAT Bylaw No. 1093, cited as ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1093, 2008’ be read a second time.

2. THAT the Board of the Squamish Lillooet Regional District delegate the holding of a public hearing to Electoral Area ‘A’ Director Russ Oakley, with Director Mickey Macri as alternate delegate pursuant to Section 891 of the Local Government Act, for the consideration of ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1093, 2008’.

3. THAT the public hearing for consideration of Bylaw No. 1093, 2008 be held at 7 pm on Wednesday, November 5, 2008 at the Gold Bridge Community Centre, Gold Bridge BC.

4.1.5 1094 - Application for rezoning; Unsurveyed Crown land near 45 9 Gold Bridge, BC; Electoral Area A (EAD Recommendation)

1. THAT as per section 879 of the Local Government Act, staff

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Item Item of Business and Recommended Action Page Action Info be directed to provide the following groups with early and ongoing opportunities for consultation regarding Bylaw 1094, 2008:

a. District of Lillooet b. School District #74 c. St’át’imc Land and Resource Authority d. Ministry of Energy, Mines & Petroleum Resources e. Ministry of Tourism, Sport, and the Arts f. Ministry of Environment g. Ministry of Forests and Range h. Ministry of Transportation i. Integrated Land Management Bureau

2. THAT provincial agency comments be received.

3. THAT Bylaw No. 1094, cited as ‘Upper Valley Official Community Plan Bylaw No. 1022, 2006, Amendment Bylaw 1094, 2008’ be read a second time.

4. THAT the Board of the Squamish Lillooet Regional District delegate the holding of a public hearing to Electoral Area ‘A’ Director Russ Oakley, with Director Mickey Macri as alternate delegate pursuant to Section 891 of the Local Government Act, for the consideration of ‘Upper Bridge River Valley Official Community Plan Bylaw No. 1022, 2006, Amendment Bylaw 1094, 2008’.

5. THAT the public hearing for consideration of Bylaw 1094, 2008 be held at 7 pm on Wednesday, November 5, 2008 at the Gold Bridge Community Centre, Gold Bridge BC.

4.1.6 Bylaw 1096 – Gold Bridge Water Loan Authorization Bylaw 48 9

1. THAT Bylaw 1096 be amended by deleting the fourth Whereas recital and substituting the following :

“AND WHEREAS a grant from the provincial government has been committed in the amount of $723, 333.00 and funds from the Northern Development Initiative Trust have been committed in the amount of $331,000.00”

2. THAT Bylaw 1096, cited as “Gold Bridge Water Loan

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Item Item of Business and Recommended Action Page Action Info Authorization Bylaw No. 1096 – 2008” be adopted as amended.

4.1.7 Bylaw 1106 - Lillooet Lake Estates Land Use Contract Site Plan 56 9 Amendment - Potvin/HJD holding

1. That Bylaw No. 1106, cited as “Squamish-Lillooet Regional District Bylaw No. 88-1976, Land Use Contract Amendment Bylaw No. 1106-2008" be introduced and read a first time.

2. That Bylaw No. 1106 be referred to provincial agencies for comment.

3. That approval of the land use contract amending bylaw be subject to resolution of the greenbelt designation dispute at Gate Six, Lillooet Lake Estates.

4.2 Weighted Corporate Vote

5 Staff Reports and Other Business

5.1 Unweighted Corporate Vote

5.1.1 CAO - Review of Pemberton Boundary Expansion Proposal 63 9 Tom Reid, Sussex Consultant in attendance

THAT the report “Review of Pemberton Boundary Expansion Proposal” prepared by Sussex Consultants Ltd be forwarded to the Village of Pemberton and the Ministry of Community Development along with a request to work on the matters identified for attention within the report.

5.1.2 Policy Analyst - Pemberton Valley Transit Service Review 104 9 Update

THAT the SLRD Board:

1. Confirm the attached Service Review Terms of Reference; 2. Approve in principle the 2009/2010 expansion contingency proposal and direct revision of the preliminary 2009 budget; 3. Request the Village of Pemberton Council, and the Lil’Wat

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Item Item of Business and Recommended Action Page Action Info Nation Council to confirm the Service Review Terms of Reference and approve in principle the 2009/2010 expansion contingency proposal; and 4. Direct Staff to offer to present this report to the respective Councils and answer any questions they may have regarding this matter.

5.1.3 Policy Analyst - Pemberton Valley Transit System - Annual 148 9 Operating Agreement Amendment #2

1. THAT the attached Pemberton Valley Transit System Annual Operating Agreement Amendment #2 be approved.

2. THAT the Chair and Chief Administrative Officer be authorized to execute Pemberton Valley Transit System Annual Operating Agreement Amendment #2.

5.1.4 Pemberton Valley Transit System and Tier 2 Regional Transit n/a Grants

Late distribution.

5.1.5 Area A Library Service – Request for Decision 160

THAT a bylaw be prepared to amend Bylaw No. 598, 1996 such that: i) the annual cost shall be collected by a property value tax on land and improvements in the participating area; ii) the maximum requisition is the greater of $22,000 and $0.1647/1000 Net Taxable Value.

5.1.6 Policy Analyst - Renewals of BC Ambulance Service Leases at 169 9 and Gold Bridge BC

THAT the attached lease renewals to the BC Ambulance Service with respect to SLRD properties in Seton Portage and Gold Bridge be approved;

AND THAT the Chair and the Chief Administrative Officer be authorized to execute the subject leases.

5.1.7 Director of Planning and Development - Makin Lands 235 9 Development Proposal

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Item Item of Business and Recommended Action Page Action Info

THAT the proponents for the development of the Makin lands in Britannia South be encouraged to consider submission of a zoning amendment application that is consistent with the SLRD Regional Growth Strategy and Howe Sound East Official Community Plan designations (i.e. 850 – 1000 residential units).

5.1.8 Strategy Planner - Application for a Temporary Use Permit #13; 247 9 Pacific Place Developments Corp.; Porteau Cove; Electoral Area D

THAT the SLRD Board consider issuance of TUP #13 subject to the following conditions (to be addressed through SLRD staff):

1. confirmation of Sea-to-Sky Project highway alignment; 2. provision of sewage disposal plans to the satisfaction of the SLRD and Vancouver Coastal Health.

5.1.9 Planner - Temporary Use Permit Application; Coast Range 258 9 Heliskiing Staging Area (9006 Pemberton Portage Road); Electoral Area C

THAT notice be given, as per section 921 of the Local Government Act, that the Regional Board intends to give consideration to issuance of Temporary Use Permit No. 14 at the October 27, 2008 SLRD Board Meeting.

5.1.10 Crown Land Application for a Transfer Station at Britannia 269 9 Beach

THAT the Board approve a Crown Land tenure application for 0.50 hectares of DL 891 NWD in Britannia Beach for the establishment of a waste and recycling transfer station.

5.1.11 Strategic Directions Initiative 317 9

Referred from August 2008 Board meeting.

5.1.12 Monthly Report - Utilities and Environmental Services 325 9 Department

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Item Item of Business and Recommended Action Page Action Info THAT the September 2008 Utilities and Environmental Services monthly report be received.

5.1.13 Monthly Report – Finance Department 327 9

THAT the September 2008 Finance Department monthly report be received.

5.1.14 Monthly Report - Planning Department 331 9

THAT the September 2008 Planning Department report be received.

5.1.15 Community Planner – Regional Growth Strategy Update 333 9

THAT the September 2008 RGS Status report be received.

5.1.16 9-1-1 North Update 335 9

THAT the 9-1-1 North Update report be received for information.

5.2 Weighted Corporate Vote – All Directors

6 Correspondence Requesting Action

6.1 Request for Comments Pursuant to the Environmental Management 337 9 Act.

6.2 Pemberton Valley Trails Association – Valley Loop Trail 339 9

CAO Recommendation:

THAT Staff reply, thanking for comment and advising of actions under way.

6.3 Matthias Jakob – Noise Bylaw in Area D 343 9

6.4 Village of Pemberton – Boundary Expansion 344 9

7 Confirmation and Receipt of Minutes

7.1 Regular Board Meeting Minutes – August 25, 2008 345 9

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Item Item of Business and Recommended Action Page Action Info For confirmation as circulated or as corrected.

7.2 Electoral Area Directors Committee Meeting – September 8, 2008 363 9 Receipt for information.

7.3 Pemberton/Area C Economic Development Commission Meeting 370 9 Minutes – September 8, 2008 Receipt for information.

7.4 Bylaw 1074 Public Hearing Minutes – September 10, 2008 372 9 Receipt for information.

7.5 Pemberton Valley Utilities and Community Services Meeting – 375 9 September 16, 2008

Receipt for information.

8 Business Arising from the Minutes

9 Consent Items – Correspondence for Information

9.1 Ministry of Transportation – Smith Road Upgrade 381 9

9.2 UBCM – 2005 Community Tourism Grant 382 9

9.3 UBCM – Farmed Animal Mass Carcass Disposal Emergency Plan 383 9 Funding

9.4 UBCM – Community Tourism Programme Performers for “Copper 384 9 and Fire”

9.5 Pemberton Chamber of Commerce – Pemberton Music Festival 386 9

9.6 RCMP – Pemberton Music Festival 388 9

9.7 Powell River Regional District – RGS 389 9

9.8 District of Squamish – RGS 390 9

10 Delegations and Petitions

11 Decision on Late Business (only if required) 9

THAT the late items be considered at this meeting. (requires 2/3

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Item Item of Business and Recommended Action Page Action Info majority vote)

12 Late Business

13 Directors’ Reports (matters of information, not requiring action)

14 Termination

SLRD Regular Board Agenda, September 29, 2008 Page 16 of 390 To: Regional Board

From: Amica Antonelli, Planner

Date: September 2, 2008 REPORT Re: Bylaw 1029; Application for rezoning: DL 1543, Lot 8 (Walkerville); Electoral Area C

Recommendation:

1. THAT provincial agency comments be received.

2. THAT Bylaw No. 1029, cited as ‘Squamish Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002, Amendment Bylaw No. 1029, 2007’ be read a second time.

3. THAT the Board of the Squamish Lillooet Regional District delegate the holding of a public hearing to Electoral Area ‘C’ Director Susan Gimse, with Director Jordan Sturdy as alternate delegate pursuant to Section 891 of the Local Government Act, for the consideration of ‘Squamish Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002, Amendment Bylaw No. 1029, 2007.’ 4. THAT the public hearing for consideration of Bylaw No. 1029, 2007 be held at 7 pm on Thursday, November 6, 2008 at the SLRD boardroom, 1350 Aster Street, Pemberton, BC.

Administrator’s Recommendation: I concur with the recommendations. PRE

Voting Rules Who Votes: All; Count: Directors; Decision: Majority

Purpose: To provide the Board with background information and staff comments on an application for rezoning at DL 1543, Lot 8, LLD (Walkerville).

Background:

On behalf of Mr. Bruce Baird, on July 9, 2007 Ms. Erin Stiel submitted a rezoning application to rezone DL 1543, Lot 8, in order to facilitate subdivision of the parcel. The property is 3.56 hectares in size. The proposed subdivision would create two parcels; one hectare and 2.56 hectares respectively.

At the September 20, 2007 Board meeting, the following resolution was carried:

‘THAT Bylaw No. 1029, cited as ‘Squamish Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002, Amendment Bylaw No. 1029, 2007’ be read a first time

SLRD Regular Board Agenda, September 29, 2008 Page 17 of 390 - 2 - and referred to the Lil’wat Nation, the St'át'imc Nation, and provincial agencies for comment.

Referrals were sent out September 26, 2007.

Referral Comments –

Lil’wat Nation - No comment received. Lower St’át’imc Tribal Council - No comment received. School District #48 - No comment received. Vancouver Coastal Health Authority – No objections were raised. Elevated arsenic levels have been found in the ground water in the vicinity of the property. Future subdivision of the property is subject to subdivision guidelines for wells with elevated arsenic. (Staff comments: At this stage in the application process, staff are not aware of any issues that would prevent development of a satisfactory water supply. Data from the existing well on the property does not indicate elevated levels of arsenic.) Ministry of Environment - No comment received. Ministry of Forests and Range - No comment received. Ministry of Transportation – Initially, Ministry of Transportation personnel submitted comments stating that they were not in support of the proposed subdivision due to geotechnical and access concerns. In follow-up correspondence, a strata subdivision with a common driveway was suggested as an acceptable alternative for subdivision of the property. (Staff comments: Staff recommend moving forward with the rezoning application on the basis of a future strata subdivision. See comments below regarding geotechnical hazard and access.) Integrated Land Management Bureau - No comment received.

The following provides information on the subject property and the proposed subdivision:

Zoning - The property is currently zoned Rural 1 (RR1) in SLRD Electoral Area C Zoning Bylaw 765, 2002. The minimum lot size in that zone is two hectares. To facilitate the proposed subdivision the applicant is requesting a rezoning to Rural 1 – Rural Residential (RR1RES), which has a minimum parcel size of one hectare. A number of parcels in the Walkerville strata subdivision to the north have already been rezoned to Rural 1 – Rural Residential.

OCP land use designation - The land use designation in the Electoral Area C OCP (Bylaw 689, 1999) is Rural Residential. The current OCP, as well as the pending OCP (Bylaw 1008, 2008) supports one hectare lots within this designation. Bylaw 689 also states that ‘Further development of residential lots smaller than two hectares may occur only where there is a proven and approved water supply and sewage disposal system.’

Adjacent Uses - The property is bordered to the north and west by residential lots in the Walkerville strata subdivision (1 to 2 hectares), and to the south by a larger hobby farm. Pemberton Portage Road borders the east side of the property.

SLRD Regular Board Agenda, September 29, 2008 Page 18 of 390 - 3 - Geotechnical hazard – The subject property sits on a steep slope with a high bench on the western half of the parcel. The Baumann geotechnical report for the Mount Currie/D’Arcy corridor identifies portions of the property as being moderately affected by geotechnical hazard (i.e. yellow zone). Specifically, there is minor rock fall hazard, the building inspector should be able to assess most sites, but some professional help may be required. These areas of rock fall hazard are to remain free of development as per a restrictive covenant registered on title.

Building site and access – There is currently one home on the property accessed via a steep driveway. The new lot and building site are proposed to the west of the existing home. The land in this area is gently sloping and should not present any problems for the construction of a home or installation of a septic field. The access to both lots would be via the existing driveway (see site layout sketch). The Ministry of Transportation has said that a shared driveway via easement is not acceptable, nor is making the driveway into a public road. A strata subdivision with a common road was suggested as an acceptable alternative.

Water supply - There is currently one drilled well on the property that produces a satisfactory supply of water for the existing home. The quantity is somewhat low, but the quality is fine. A second drilled well is proposed for the new lot. The new water supply has not yet been proven; however, there is no indication that a satisfactory water supply cannot be provided by a new drilled well. Walkerville is not part of the Ivey Lake/ Reid Road water supply evaluation.

Septic field – The existing home on the property is serviced by a septic field. The new parcel would be serviced by a second septic field, which is still to be constructed. From a preliminary assessment of the site, it appears that there is sufficient room to locate the septic field on the east (downhill) side of the proposed building site.

Environmental impacts - Staff are not aware of any significant impacts to wildlife or riparian areas that would result from subdivision of the parcel. Provincial wildlife data does not indicate any critical wildlife habitat on or near the property, and no development is proposed within 30 metres of a waterbody.

Miscellaneous - The subject property is not within the Agricultural Land Reserve, and not within 800 m of a controlled access highway, meaning Ministry of Transportation approval is not required for the rezoning.

Staff Comments:

As the Electoral Area C Official Community Plan supports the rezoning of the property, staff recommend giving second reading to the bylaw and scheduling the public hearing.

Respectfully submitted,

Amica Antonelli Planner

Attachment: Site layout sketch & Bylaw 1029, 2007

SLRD Regular Board Agenda, September 29, 2008 Page 19 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 20 of 390 SQUAMISH-LILLOOET REGIONAL DISTRICT

BYLAW NO. 1029, 2007

A bylaw of the Squamish Lillooet Regional District to amend Squamish Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002.

The Board of Directors of the Squamish Lillooet Regional District, in open meeting assembled, enacts as follows:

1. This bylaw may be cited for all purposes as the ‘Squamish Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002, Amendment Bylaw No. 1029, 2007’.

2. The Squamish Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002, is hereby amended as follows:

(a) That the Official Zoning Map, Schedule C, Squamish Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002 is hereby amended by:

(i) rezoning Lot 8, DL 1543, LLD, Plan KAP60613 as outlined on Schedule A, which is attached to and forms part of this bylaw, from Rural 1 zone (RR1) to Rural 1 - Rural Residential sub-zone (RR1RES).

READ A FIRST TIME this 20th day of September 2007.

READ A SECOND TIME this day of 2008.

PUBLIC HEARING held on the day of 2008.

READ A THIRD TIME this day of 2008.

ADOPTED this day of 2008.

______Russ Oakley Paul R. Edgington Chair Chief Administrative Officer

SLRD Regular Board Agenda, September 29, 2008 Page 21 of 390 I hereby certify the foregoing to be a true and correct copy of Bylaw No. 1029 cited as ‘Squamish Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002, Amendment Bylaw No. 1029, 2007’ as read a first time ______.

______Paul R. Edgington Chief Administrative Officer

SLRD Regular Board Agenda, September 29, 2008 Page 22 of 390 - 3 –

SLRD Regular Board Agenda, September 29, 2008 Page 23 of 390 To: Regional Board

From: Amica Antonelli, Planner

Date: September 15, 2008 REPORT Re: Bylaw 1049; Application for rezoning: Sky Blue Water Resort; Electoral Area B; Ts’kw’aylaxw First Nation

Recommendation:

1. THAT agency comments be received. 2. THAT Bylaw No. 1049, cited as ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1049, 2008’ be read a second time as amended. 3. THAT the Board of the Squamish Lillooet Regional District delegate the holding of a public hearing to Electoral Area ‘B’ Director Mickey Macri, with Director Russ Oakley as alternate delegate pursuant to Section 891 of the Local Government Act, for the consideration of ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1049, 2008.’ 4. THAT the public hearing for consideration of Bylaw No. 1049, 2007 be held at 7 pm on Wednesday, November 12, 2008 at the Pavilion Band Office, 35100 Highway 99, Pavilion, BC. 5. THAT a s.219 covenant for the protection of a 30 metre riparian area buffer (including provisions for managing run-off and riparian area planting, and restrictions on artificial beaches and hardening of shoreline) be registered on title prior to adoption of Bylaw 1049, 2007. 6. THAT a s.219 covenant for regulation of wastewater treatment (including the requirement for a Type 3 treatment system and a restriction on placing sewage treatment facilities within 100 metres of the lake) be registered on title prior to adoption of Bylaw 1049, 2007. 7. THAT a preliminary archaeological assessment be completed prior to adoption of Bylaw 1049, 2007, as per Ministry of Tourism, Sport, and the Arts recommendations. 8. THAT the drinking water system be brought into compliance with the Drinking Water Protection Act and regulations prior to adoption of Bylaw 1049, 2007, as per Interior Health Authority requirements. 9. THAT a certificate of remediation regarding the buried gas tank be received prior to adoption of Bylaw 1049, 2007, as per Ministry of Environment requirements.

SLRD Regular Board Agenda, September 29, 2008 Page 24 of 390 - 2 - Administrator’s Recommendation: I concur with the recommendation. PRE

Voting Rules Who Votes: All; Count: Directors; Decision: Majority

Purpose: To provide the Electoral Area Directors with background information and staff recommendations on an application for rezoning to allow the restoration and expansion of a resort on Pavilion Lake.

Background:

On July 17, 2007 the Ts’kw’aylaxw Nation submitted a rezoning application to allow for the restoration and expansion of the Sky Blue Water Resort on Pavilion Lake. The Ts’kw’aylaxw Nation owns and operates the resort, a collection of rustic lakefront cabins and facilities for tourists. They are proposing to: a) renovate the existing lodge to include a few rooms for overnight rental, a gift shop, and coffee shop; b) renovate 11 of the 13 existing cabins to allow for four season use (two would be removed), and construct four more cabins outside of the riparian area; c) develop several fully equipped RV camp sites; d) improve the existing boat launch; and, e) develop a cultural village (for example, a teepee, a pithouse, et cetera).

The subject property is 2.4 hectares situated between Highway 99 and Pavilion Lake. Pavilion Lake is home to a unique set of coral-like structures called microbialites, which are very rare and of international significance. In 2004, the Pavilion Lake Research Project, lead by NASA and UBC, was established to investigate factors controlling the formation of these microbialites and further understand the lake’s chemical properties and development. The microbialites are seen as a window into early planetary aquatic systems and the study of them is related to broader ‘origins of life’ studies.

The parcel owned by the Ts’kw’aylaxw Nation does extend across Highway 99. There are 4.8 hectares east of the highway that are not included in the rezoning.

On August 27, 2007 the Board carried the following motion:

‘THAT staff be directed to proceed with the review of the Blue Sky Water Resort rezoning application and to prepare the zoning amendment bylaw.’

On February 25, 2008 the Board carried the following motions:

‘THAT Bylaw No. 1049, cited as ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1049, 2008’ be introduced and read a first time, and referred to the District of Lillooet, St’át’imc Land and Resource Authority, Ts'kw'aylaxw Nation, and provincial agencies for comment.

THAT recommendations from a qualified environmental professional on site layout and riparian area protection be incorporated into Bylaw 1049, 2008 prior to second reading.

SLRD Regular Board Agenda, September 29, 2008 Page 25 of 390 - 3 - AND THAT recommendations from a water quality specialist inform the design of an appropriate wastewater treatment system, which shall be incorporated into Bylaw 1049, 2008 prior to second reading.’

Referrals were sent out February 27, 2008.

Referral Comments –

St’át’imc Land and Resource Authority - No comment received. Ministry of Environment - No comment received. (Staff comment: Staff and the applicant have been working with the Ministry of Environment on the buried gas tank and certificate of remediation. See information on the contaminated sites legislation below.) Ministry of Tourism, Sport, and the Arts – The proposed rezoning is contitionally supported. Provincial records do not indicate that the site contains a recorded archaeological site; however, the subject property is identified as an area of high archaeological potential (as are most valley bottoms). A preliminary archaeological assessment is recommended prior to development. (Staff comments: From an archaeological perspective, the site is likely to already be heavily disturbed. However, given the Ministry recommendation, and also the fact that this rezoning sets a precedent on the level of care given to archaeological resources in other rural areas, staff recommend that the bylaw not be adopted until a preliminary archaeological study is completed. Ministry staff have estimated the cost of a preliminary archaeological study at $600 plus consultant travel expenses.) Ministry of Energy, Mines, and Petroleum Resources - No comment received. Ministry of Transportation – No objections were raised. The applicant must apply for a commercial access permit. (Staff comment: See information on access below.) Integrated Land Management Bureau - No comment received. Interior Health – Concerns were expressed about the water supply and wastewater treatment system. No approvals have been issued for the existing well. Any SLRD approvals for renovation or expansion of the resort should be conditional on the drinking water system being brought into compliance with the Drinking Water Protection Act and regulations. The need for a drinking water treatment system and the potential impacts of the buried gas tank on drinking water quality should also be assessed. An appropriate sewage disposal system needs to be designed and installed. This system should not encroach on the drinking water well or riparian area. Grey water from the cabins must also be disposed of in an appropriate manner. (Staff comments: These comments are addressed below in the paragraphs on wastewater treatment and water supply.) District of Lillooet - No comment received. Thompson Nicola Regional District – The presence of the microbialites in Pavilion Lake is noted. Special care to protect the environmental integrity of the area is recommended. The TNRD has approved similar proposals in the last few years, resulting in some innovative covenants for protection of the environment. The TNRD Lakeshore Development Guidelines were appended to the referral comments. (Staff comments: Recommendations from the TNRD Lakeshore Development Guidelines have been incorporated into the bylaw.)

SLRD Regular Board Agenda, September 29, 2008 Page 26 of 390 - 4 -

Since August 2007, staff have worked extensively with the applicant to bring together the information needed to assess the rezoning application and address the provincial regulations that are triggered by the rezoning. The following provides information on the subject property and the proposed subdivision:

Zoning - The site is presently zoned RR2 under SLRD Electoral Areas A & B Zoning Bylaw No. 670, 1999, which does not permit restoration and expansion of the resort. Rezoning the subject property to Tourist Commercial to allow upgrades to the resort is consistent with the Pavilion Lake Official Community Plan (Bylaw 770, 2002).

OCP land use designation - Bylaw 770 has the following two policies specifically addressing Sky Blue Water Resort:

‘4.4 Resort Commercial Policies 4.4.1 New development at the Sky Blue Water Resort should be designed to reflect the principles contained within this plan, and the creation of these designs should involve the Ministry of Transportation to ensure that proper traffic management plans and studies are in place. 4.4.2 Development that facilitates increased use of the Resort should adopt best practices for sewage treatment to minimise potential impacts on the lake ecology.’

Existing use - There are currently 13 cabins immediately adjacent to the lake (i.e. within less than four meters of the water). These cabins are rented out in the summer, as well as numerous tent sites. Caretakers live on the site year round in a small house. The resort was not operating in the summer of 2008 due to a malfunctioning septic field.

Adjacent uses – To the south of the property there are several small lots with seasonally occupied homes. Highway 99 is to east, Pavilion Lake is to the north and west.

Wastewater treatment – As per the February 25, 2008 Board resolution, recommendations from a water quality specialist on an appropriate wastewater treatment system for the resort have been received, and incorporated into the bylaw.

The existing malfunctioning septic field is to be replaced by a Type 3 wastewater treatment plant with phosphorus and nitrogen reduction features. The report from Urban Systems’ waste water engineer states ‘At this time, without having completed a detailed environmental impact study, it is our conviction that if a tertiary level of effluent (low phosphorus and low nitrogen) is produced and is discharged into the ground more than 100 m horizontally and 20 m vertically from the Pavilion Lake, there will be no pollution or degradation of lake water quality.’ In the site layout (see the wastewater treatment system report attached), land has been set aside for the septic field component of the system. A detailed design for phosphorus and nitrogen reduction has not yet been developed. The Sewerage System Regulations provide very specific parameters for Type 3 systems, which will have to be reflected in the design of the system at a later date, as funding comes available for the applicant.

SLRD Regular Board Agenda, September 29, 2008 Page 27 of 390 - 5 - The proposed location for the septic field is consistent with the Thompson Nicola Regional District Lakeshore Development Guidelines (2004). The grey water generated from the cabins is also to be pumped to the wastewater treatment plant.

Water supply system - The water supply for the property is provided by a drilled well that was developed in 1997. A water quality report provided by the applicant indicates that the well water is suitable for drinking. While the well may be sufficient to supply the required quantity and quality of drinking water to the resort, the system has not yet been approved by the Interior Health Authority. This approval is required prior to adoption of the zoning amendment bylaw, which is reflected in the staff recommendations at the top of the report.

Contaminated sites legislation - The identified contamination (an old service station gas tank) was removed from the property and the site has been remediated. Urban Systems’ engineers are currently working with the Ts’kw’aylaxw Nation to complete the monitoring needed to achieve the certificate of remediation. The Ministry of Environment must issue this certificate prior to the SLRD rezoning the property, which is reflected in the staff recommendations at the top of the report.

Access – Vehicle access into the resort is via a driveway at the north end of the property. Ministry of Transportation personnel have indicated that the current access is not ideal due to the sharp turn required off of Highway 99, and its proximity to the lake, however, no objections to the rezoning were raised

Public lake access – There is a narrow, undeveloped right-of-way from Highway 99 to Pavilion Lake at the south end of the property. However, due to the density of development on the site and its popularity in the summer time by paying guests, staff do not feel this is an appropriate location to develop public access to the lake. The right-of- way is too steep for a road. A path could potentially be developed, but it is not recommended due to the lack of a suitable site for parking on the highway, and the proximity to the Sky Blue rental cabins and the neighbouring house. There are approximately six other public access points at other locations around the lake.

Environmental impacts – This rezoning application triggered the Riparian Area Regulation. As per the February 25, 2008 Board resolution, a qualified environmental professional (QEP) was hired to make recommendations on how the development could move forward while avoiding impacts to fish and fish habitat. The QEP recommended that a 30 meter no-new-development, no-vegetation-removal buffer be established along the waterfront. The bylaw provisions and staff recommendations above reflect the QEP recommendations. Renovation of the existing lakefront cabins is permitted.

Staff are not aware of any significant impacts to terrestrial wildlife that would result from expansion and renovation of the resort. Provincial wildlife data does not indicate any critical wildlife habitat on or near the property.

Buildings – Given the scale of the proposed development, the applicable bylaws do not include green building requirements. The construction proposed includes four new cabins and renovations to existing older buildings.

SLRD Regular Board Agenda, September 29, 2008 Page 28 of 390 - 6 -

Miscellaneous – The subject property is not in or adjacent to the ALR. There are no known geotechnical hazards.

Staff Comments:

As renovation and expansion of the resort will provide economic benefits to the Ts’kw’aylaxw Nation, and the Pavilion Lake Official Community Plan supports the rezoning of the property, staff recommend second reading for Bylaw 1049, 2008 and scheduling of the public hearing. The resort has been in operation for many years and staff are not aware of any public complaints.

Concerns were previously raised about the proposed density of development. New construction will include four new cabins and expansion of the lodge. Two existing cabins will be removed. The additional amount of people accommodated on the site is not likely to be more than 20. Staff feel that as long as the wastewater generated from the development will not negatively impact the water quality of the lake, the proposed density is acceptable.

Respectfully submitted,

Amica Antonelli, Planner

Attachments: ƒ Wastewater treatment system report and site layout ƒ Bylaw 1049, 2008

SLRD Regular Board Agenda, September 29, 2008 Page 29 of 390 Suite 200 - 286 St. Paul Street, Kamloops, BC V2C 6G4 Telephone: 250-374-8311 Fax: 250-374-5334

September 11, 2008 File: 1272.0028.01

Ts'kw'aylaxw First Nation PO Box 2200 35100 Hwy 99 LILLOOET, BC V0K 1B0

Attention: Leona McKay, Economic Development Officer

RE: SKY BLUE RESORT - PROPOSED WASTEWATER SYSTEM

The Sky Blue Resort is to include cabins, RV sites, tent pads and a lodge as illustrated in Figure 1. The maximum estimated quantity of wastewater to be generated is calculated using the BC Health Sewerage System Regulations in Table 1.

Table 1: Wastewater Flow Estimates

Unit Loading Use Unit Number Total (L/day) (L/day) 11 Existing Cottages(1) Per Bedroom 11 189 2,079 4 New Cabins(2) Per person 8 318 2,544 Lodge 2 bedroom 1 1,136 1,136 Coffee Shop Customers 80 19 1,520 RV Sites Site 3 365 1,095 Tents only Per Site 20 180 3,600 House 1 bedroom 1 1,136 1,136 13,110

(1) Category is cottages and small seasonal dwellings, no washroom, no laundry or kitchen (central comfort station). (2) These would have 1 bathroom, kitchen and possibly laundry facilities.

Given the environmental sensitivity of Pavilion Lake we have assumed, in order not to cause pollution, it will be necessary to include a Type 3 wastewater treatment plant. A Type 3 plant includes filtration and produces an effluent BOD5 and TSS < 10 mg/L and Faecal Coliforms < 400 cfu/100 mL. In addition, for this location phosphorus and nitrogen reduction would be required.

Four percolation tests were undertaken by BGC Engineering Inc. on April 23rd and 24th, 2008 as shown on Figure 1. Results were as follows:

T2: 35.5 minutes/inch T3: 30.5 minutes/inch T4: 50 minutes/inch T5: 6.25 minutes/inch

SLRD Regularwww.urban Board Agenda,-systems.co Septemberm 29, 2008 CALGARY | EDMONTON | FORT ST. JOHN |Page KAMLOOPS 30 of |390 KELOWNA | NELSON | QUESNEL | RICHMOND Ts'kw'aylaxw First Nation File: 1272.0028.01 September 11, 2008 Page 2

The second slowest rate is 35.5 minutes/inch. For design purposes at this time select the 30 - 40 minutes/inch range.

Based on using Type 3 treatments, a percolation rate of 30 - 40 minutes/inch and a loam soil, a design soil hydraulic loading rate of 20 L/m2/d is assumed. This means a total infiltrative surface area of

13,110 L/d = 656 m2 is required. If a trench width of 0.91 m is used, the total trench length will be 20 L/m2

656 m2 721 m = 721 m. If the maximum length of trench used is 30 m, we will require = 24 trenches. 0.91 m 30 m

These 24 trenches would be split into two fields of 12 trenches each as shown in Figure 1. Each field would be dosed using a pump and distribution box.

A standby field would be dedicated on the east side of Highway 99 as shown on Figure 1.

Monitoring wells (Piezo 1, 2 and 3) have been installed to assist with assessments of effluent migration and mitigation as it moves through the ground towards the lake.

At this time, without having completed a detailed environmental impact study it is our conviction that if a tertiary level of effluent (low phosphorus and low nitrogen) is produced and is discharged into the ground more than 100 m horizontally and 20 m vertically from the Pavilion Lake, there will be no pollution or degradation of lake water quality.

A complete geotechnical/hydrogeological/environmental investigation has not yet been completed, so the design of the wastewater system in not final. However, sufficient detail is known to provide an assurance that a non-polluting system can be constructed. In addition, if it is necessary the well could be moved toward the north (refer to Figure 1) to avoid any influence from the disposal field.

Yours truly,

URBAN SYSTEMS LTD.

Chris Town, P. Eng., MASc

Attachment

/is

U:\Projects_KAM\1272\0028\01\C-Correspondence\C1-Client\2008-09-11-LET-Proposed Wastewater System.doc

SLRD Regularwww.urban Board Agenda,-systems.co Septemberm 29, 2008 CALGARY | EDMONTON | FORT ST. JOHN |Page KAMLOOPS 31 of |390 KELOWNA | NELSON | QUESNEL | RICHMOND SLRD Regular Board Agenda, September 29, 2008 Page 32 of 390 SQUAMISH LILLOOET REGIONAL DISTRICT Bylaw No. 1049

A bylaw of the Squamish Lillooet Regional District to amend Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999.

The Board of Directors of the Squamish Lillooet Regional District, in open meeting assembled, enacts as follows:

1) This bylaw may be cited for all purposes as the ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1049, 2008’.

2) The Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, is hereby amended as follows:

(a) The Official Zoning Map, Schedule D, Bylaw 670, 1999 is amended by rezoning the portion of District Lot 5362, LLD, except plans 2718, 5218, H11859 west of Highway 99, as outlined on Schedule A, which is attached to and forms part of this bylaw, from RR2 Zone (Rural Resource (8 hectares)) to C5 Zone (Tourist Commercial).

(b) C5 Zone (Tourist Commercial), Section 14, is amended by inserting the following as Section 14.5:

Site Specific Uses

14.5 (a) On the portion of District Lot 5362, LLD, except plans 2718, 5218, H11859 west of Highway 99, as outlined on Schedule A, which is attached to and forms part of this bylaw, the following apply: i. In addition to the uses listed under section 14.1, a lodge (up to 250 square meters) is permitted, including a coffee shop and gift shop; ii. Notwithstanding section 14.2.3, a maximum of 15 cabins may be constructed; iii. No new development or vegetation removal is permitted within 30 meters of the high water mark of Pavilion Lake, except that which has taken place prior to 2008; iv. No septic fields are permitted within 100 meters of the high water mark of Pavilion Lake.

- 1 -

SLRD Regular Board Agenda, September 29, 2008 Page 33 of 390 READ A FIRST TIME this 25th day of February, 2008.

READ A SECOND TIME this day of 2008.

PUBLIC HEARING held on the day of 2008.

READ A THIRD TIME this day of 2008.

ADOPTED this day of 2008.

______Russ Oakley Paul R. Edgington Chair Chief Administrative Officer

I hereby certify the foregoing to be a true and correct copy of Bylaw No. 1049, 2008 cited as ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1049, 2008’ as read a third time ______.

____ Paul R. Edgington Chief Administrative Officer

SLRD Regular Board Agenda,- 2 - September 29, 2008 Page 34 of 390 Schedule A to Bylaw 1049

From: RR2 Zone To: C5 Zone

SLRD Regular Board Agenda,- 2 - September 29, 2008 Page 35 of 390 To: Regional Board

From: Amica Antonelli, Planner

Date: September 15, 2008 REPORT Re: Bylaw 1074; Application for rezoning: DL 587 LLD; Bralorne; Electoral Area A

Recommendation:

1. THAT Bylaw No. 1074, cited as ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1074, 2008’ be read a third time.

2. THAT Bylaw No. 1074, cited as ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1074, 2008’ be adopted.

Administrator’s Recommendation: I concur with the recommendations. PRE

Voting Rules Who Votes: All; Count: Directors; Decision: 2/3 for adoption.

Purpose: To provide the Board with background information and staff recommendations on an application for rezoning at DL 587 in Bralorne.

Background:

On November 21, 2007 Ms. Annie Casarin submitted a rezoning application to allow for the subdivision of DL 587, which is approximately one kilometre north of Bralorne. The parcel is 18.6 hectares and is zoned Rural Resource 2 (RR2; eight hectare minimum parcel size) in Electoral Areas A & B Zoning Bylaw No. 670, 1999. The applicant is requesting that the property be rezoned to Rural Resource 1 (RR1; two hectare minimum parcel size), which would permit a subdivision of up to nine two-hectare parcels.

The subject property is designated Residential in the Upper Bridge River Valley OCP (Bylaw No. 1022, 2007). The two hectare parcels proposed by the applicant are consistent with the OCP policy direction and the character of the area.

Adjacent Uses - Neighboring parcels are all zoned RR2 and are a combination of private and Crown land. The district lot to the east of the subject property has been subdivided into two hectare parcels, and has seen some limited residential development. (This neighbouring subdivision was permitted under Bylaw No. 143, 1978, the Bralorne Land Use Contract. Bylaw No. 143 does not govern DL 587; however, it does govern adjacent properties. The land use

SLRD Regular Board Agenda, September 29, 2008 Page 36 of 390 - 2 - contract permits two hectare parcels and has precedence over the zoning bylaw.) Other adjacent district lots have not been subdivided or developed.

Terrain & Vegetation Cover - The geotechnical data available for the subject property identifies areas of steep terrain, but no geotechnical hazards. The parcel is mainly flat, except for a strip of steep land (<45%) on the southern boundary. The vegetation cover is jack pine, spruce, fir, alder associated with a wetland area on the north edge of the property, and some previously logged areas.

Riparian Issues – The subject property includes two small springs and a shallow, ephemeral pond approximately four hectares in size. The nearest fish bearing stream is Cadwallader Creek, which is approximately one kilometre downhill. On January 28, 2008, the Board directed staff to incorporate recommendations from an environmental professional into Bylaw 1074 regarding riparian area protection. This motion was recommended by staff to reflect the requirements of the Riparian Area Regulation (RAR), which is triggered by the rezoning.

On August 2, 2008 staff from Cascade Environmental Resource Group visited the property for the purpose of determining appropriate application of the Riparian Area Regulation (RAR) to the property. (The Cascade Environmental staff meet the criteria for Qualified Environmental Professional (QEP) as defined by RAR.)

The watercourses on the property were located, surveyed, and assessed. Both ephemeral streams were found to flow subsurface downstream of the property. The streams are not directly connected to fish bearing waters by surface flow at any time of the year, and therefore RAR does not apply. The shallow pond was located, and was found to be dry, but with evidence of periodic inundation. Hydrophytic plants (those that grow partly or wholly in water) are absent. The pooling of water appears to be the result of construction of the access road through the property, which impedes the natural drainage of that portion of the site. Since the pond is anthropogenic, occurs only in the spring, and is not connected to fish bearing waters at any time of the year, it also is not subject to RAR.

As a result of these observations, the QEPs determined that further RAR assessments would not be required for rezoning, subdivision design, or development. No specific recommendations on subdivision layout were made, and Bylaw 1074 has not been modified from first reading.

During the subdivision process (to be conducted at a later date by the Ministry of Transportation), the SLRD will be given the opportunity to make comments on the subdivision layout. This opportunity may be used to address drainage patterns.

Wildlife – Provincial data indicates that the property provides deer and moose winter habitat. The future subdivision of the property and resulting residential development will likely have some impact on the viability of this habitat. However, a large portion of the Upper Bridge River Valley does provide alternative habitat. The Upper Bridge River Valley OCP designates wildlife movement corridors in the area. The subject property does not fall within one of these corridors.

Access – There are no known access issues to or within the subject property. The public road accessing the site is gravel and reasonably well maintained. The property itself is largely flat, and should provide reasonable access to the future parcels.

SLRD Regular Board Agenda, September 29, 2008 Page 37 of 390 - 3 -

Services - There is currently no electricity, water supply, or sewer system servicing the property. There is potential for electricity to be brought to the property from the adjacent Woodchuck subdivision. Neighbouring properties are serviced with water by dug wells. Septic fields would be required for each new parcel. There is no indication that dug or drilled wells, or septic fields, could not be successfully installed to provide adequate services. The property is within the Bralorne Fire Protection Area.

At the August 25, 2008 meeting, the Regional Board carried the following motions:

1. THAT Bylaw No. 1074, cited as ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1074, 2008’ be read a second time.

2. THAT the Board of the Squamish Lillooet Regional District delegate the holding of a public hearing to Electoral Area ‘A’ Director Russ Oakley, with Director Mickey Macri as alternate delegate pursuant to Section 891 of the Local Government Act, for the consideration of ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1074, 2008’. 3. THAT the public hearing for consideration of Bylaw No. 1074, 2008 be held at 7 pm on Wednesday, September 10, 2008 at the Gold Bridge Community Centre, Gold Bridge, B.C.

Public hearing comments - The public hearing delegated above was held on September 10, 2008. The Area A Director, SLRD staff, the proponents, and one member of the public attended. The only comment that was raised was that there is no community water or sewer system in place. The proponent responded that there is already water on the property, so water supply should not be an issue, and individual septic systems will be constructed for each parcel.

Staff Comments:

As the Upper Bridge River Valley OCP supports the rezoning of the property, staff recommend third reading and adoption of the bylaw. Approval of the bylaw from the Ministry of Community Development is not required.

Respectfully submitted,

Amica Antonelli Planner

Attachment: Bylaw 1074, 2007

SLRD Regular Board Agenda, September 29, 2008 Page 38 of 390 SQUAMISH-LILLOOET REGIONAL DISTRICT

BYLAW NO. 1074, 2008

A bylaw of the Squamish Lillooet Regional District to amend Squamish Lillooet Regional District Electoral Areas A and B Zoning Bylaw No. 670, 1999.

The Board of Directors of the Squamish Lillooet Regional District, in open meeting assembled, enacts as follows:

1. This bylaw may be cited for all purposes as the ‘Squamish Lillooet Regional District Electoral Areas A and B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1074, 2008’.

2. The Squamish Lillooet Regional District Electoral Areas A and B Zoning Bylaw No. 670, 1999, is hereby amended as follows:

(a) That the Official Zoning Map, Schedule D, Squamish Lillooet Regional District Electoral Areas A and B Zoning Bylaw No. 670, 1999 is hereby amended by:

(i) rezoning DL 587, LLD, as outlined on Schedule A, which is attached to and forms part of this bylaw, from Rural Resource 2 zone (RR2) to Rural Resource 1 (RR1).

READ A FIRST TIME this 28th day of January 2008.

READ A SECOND TIME this 25th day of August 2008.

PUBLIC HEARING held on the day of 2008.

READ A THIRD TIME this day of 2008.

ADOPTED this day of 2008.

______Russ Oakley Paul R. Edgington Chair Chief Administrative Officer

SLRD Regular Board Agenda, September 29, 2008 Page 39 of 390 I hereby certify the foregoing to be a true and correct copy of Bylaw No. 1074 cited as ‘Squamish Lillooet Regional District Electoral Areas A and B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1074, 2008’ as read a third time ______.

______Paul R. Edgington Chief Administrative Officer

SLRD Regular Board Agenda, September 29, 2008 Page 40 of 390 - 3 –

SLRD Regular Board Agenda, September 29, 2008 Page 41 of 390 SQUAMISH-LILLOOET REGIONAL DISTRICT

BYLAW NO. 1093, 2008

A bylaw of the Squamish Lillooet Regional District to amend Squamish Lillooet Regional District Electoral Area C Zoning Bylaw No. 670, 1999.

The Board of Directors of the Squamish Lillooet Regional District, in open meeting assembled, enacts as follows:

1. This bylaw may be cited for all purposes as the “SLRD Electoral Area A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1093, 2008”.

2. The SLRD Electoral Area A & B Zoning Bylaw No. 670, 1999, is hereby amended as follows:

(a) That the Official Zoning Map, Schedule D, SLRD Electoral Area A & B Zoning Bylaw No. 670, 1999 is hereby amended by:

(i) rezoning a parcel of unsurveyed Crown land as outlined on Schedule A, which is attached to and forms part of this bylaw, from Rural Resource 8 ha zone (RR2) to Heavy Industrial Zone (M2).

READ A FIRST TIME this 28th day of July 2008.

READ A SECOND TIME this day of 2008.

PUBLIC HEARING held on the day of 2008.

READ A THIRD TIME this day of 2008.

ADOPTED this day of 2008.

______Russ Oakley Paul R. Edgington Chair Chief Administrative Officer

SLRD Regular Board Agenda, September 29, 2008 Page 42 of 390 I hereby certify the foregoing to be a true and correct copy of Bylaw No. 1093 cited as “SLRD Electoral Area A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1093, 2008” as read a first time ______.

______Paul R. Edgington Chief Administrative Officer

SLRD Regular Board Agenda, September 29, 2008 Page 43 of 390 - 3 –

Schedule A to Bylaw 1093 Subject property rezoned FROM: Rural Resource 8 ha zone (RR2) TO: Heavy Industrial Zone (M2)

SLRD Regular Board Agenda, September 29, 2008 Page 44 of 390 SQUAMISH LILLOOET REGIONAL DISTRICT

BYLAW NO. 1094, 2008

A bylaw of the Squamish Lillooet Regional District to amend Upper Bridge River Valley Official Community Plan Bylaw No. 1022, 2006.

The Board of Directors of the Squamish Lillooet Regional District, in open meeting assembled, enacts as follows:

1. This bylaw may be cited for all purposes as the “Upper Bridge River Valley Official Community Plan Bylaw No. 1022, 2006, Amendment Bylaw 1094, 2008”.

2. The Upper Bridge River Valley Official Community Plan Bylaw No. 1022, 2006, is hereby amended as follows:

(a) That Map 4 of Upper Bridge River Valley Official Community Plan Bylaw No. 1022, 2006 is hereby amended by:

(i) rezoning a parcel of unsurveyed Crown land as outlined on Schedule A, which is attached to and forms part of this bylaw, from Resource Management to Industrial.

READ A FIRST TIME this 28th day of July 2008.

READ A SECOND TIME this day of 2008.

PUBLIC HEARING held on the day of 2008.

READ A THIRD TIME this day of 2008.

ADOPTED this day of 2008.

______Russ Oakley Paul R. Edgington Chair Chief Administrative Officer

SLRD Regular Board Agenda, September 29, 2008 Page 45 of 390 I hereby certify the foregoing to be a true and correct copy of Bylaw No. 1093 cited as “Upper Bridge River Valley Official Community Plan Amendment Bylaw No. 1022, 2006, Amendment Bylaw 1094, 2008” as read a first time ______.

______Paul R. Edgington Chief Administrative Officer

SLRD Regular Board Agenda, September 29, 2008 Page 46 of 390 - 3 –

Schedule A to Bylaw 1094 The subject property is rezoned FROM: Resource Management TO: Industrial

SLRD Regular Board Agenda, September 29, 2008 Page 47 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 48 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 49 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 50 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 51 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 52 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 53 of 390 SQUAMISH-LILLOOET REGIONAL DISTRICT

By-law No. 1096-2008

A bylaw to authorize the borrowing of Thirty-One Thousand and Three Hundred ($31,300.00) Dollars for the Gold Bridge Water System Service.

WHEREAS the Regional Board of the Squamish-Lillooet Regional District has established, by Bylaw No.1021-2006, a service for the purpose of providing water services to the Gold Bridge Water System Service Area;

AND WHEREAS it is deemed desirable and expedient to upgrade the Gold Bridge Water System Service;

AND WHEREAS the estimated cost of the desired equipment to serve the Gold Bridge Water System Service Area, including expenses incidental thereto, is the sum of $920,000.00;

[AND WHEREAS a grant from the provincial government has been committed in the amount of $885,667.00];

AND WHEREAS a grant from the provincial government has been committed in the amount of $723,333.00 and funds from the Northern Development Initiative Trust have been committed in the amount of $331,000.00;

AND WHEREAS the maximum term for which a debenture may be issued to secure the debt created by this bylaw is for a term not to exceed 15 years;

AND WHEREAS the authority to borrow under this bylaw expires five years from the date on which this bylaw is adopted;

AND WHEREAS the Regional Board has received participating approval of the service by assent of the electors in accordance with section 801.2 of the Local Government Act [approval by voting];

NOW THEREFORE, the Regional Board of the Squamish-Lillooet Regional District in open meeting assembled, enacts as follows:

1. The Regional Board is hereby empowered and authorized to acquire Equipment for the Gold Bridge Water System Service and to do all things necessary in connection therewith and without limiting the generality of the foregoing:

a) To borrow upon the credit of the Regional District a sum not exceeding $31,300.00;

2. The maximum term for which debentures may be issued to secure the debt created by this bylaw is 15 years.

SLRD Regular Board Agenda, September 29, 2008 Page 54 of 390 3. This bylaw may be cited as “Gold Bridge Water Loan Authorization Bylaw No. 1096-2008”.

READ A FIRST TIME this 23rd day of June, 2008.

READ A SECOND TIME this 23rd day of June, 2008.

READ A THIRD TIME this 23rd day of June, 2008.

RECEIVED the approval of the Inspector of Municipalities this day of , 2008.

ASSENT OF THE ELECTORS within Gold Bridge Water System Service Area obtained this 24TH day of October, 2006

ADOPTED this day of , 2008.

Russ Oakley Paul R. Edgington Chair CAO

I hereby certify the foregoing to be a true and correct copy of the Gold Bridge Water Loan Authorization Bylaw No. 1096-2008, as read a third time this 23rd day of June, 2008.

______Paul R. Edgington Secretary

SLRD Regular Board Agenda, September 29, 2008 Page 55 of 390 To: Regional Board

From: Steven Olmstead, Director of Planning and Development

Date: September 23, 2008 REPORT Re: Reactivation of Bylaw 820 - Lillooet Lake Estates Land Use Contract site plan amendment Recommendation:

1. That Squamish-Lillooet Regional District Bylaw No. 88-1976, Land Use Contract Amendment Bylaw No. 1106-2008 be introduced and read a first time. 2. That Bylaw No. 1106 be referred to provincial agencies for comment. 3. That approval of the land use contract amending bylaw be subject to resolution of the greenbelt designation dispute at Gate Six, Lillooet Lake Estates

Administrator’s Recommendation: I concur with the recommendation. PRE

Voting Rules Who Votes: All; Count: Directors; Decision: Majority

Purpose: Reactivation of a land use contract amendment that was initially applied for in 1997 and partially dealt with under Squamish-Lillooet Regional District Bylaw No. 88-1976, Land Use Contract Amendment Bylaw No. 820-2003 to adopt a revised site plan for Lillooet Lake Estates.

Background:

An amendment application to amend the Lillooet Lake land Use Contract (LUC) was originally submitted to the SLRD in 1997 by the developer, Mr. Louis Potvin of HJ Developments (HJD). For reasons not known to present staff, that application was never processed. The purpose was to update the Lillooet Lake Estates site plan to reflect a number of revisions to the lots and the layout of the subdivision. Mr. Potvin came again to the SLRD in November of 2002 with a prepared text amendment and new site plan for the property. As the Board is aware, LUC Amendment Bylaw 820 has taken more than five years to complete and is presently in Victoria for ministerial approval. Bylaw 820 was amended prior to adoption to delete the HJD holdings from the bylaw. This application is a continuation of the process of updating/revising and ultimately finalizing the land use contract.

As a reminder, the SLRD considers the original version of the land use contract to be the bylaw presently in force, despite numerous submissions of plan revisions over the years. Bylaw 820 has resolved siting uncertainties for the majority of the owners at Lillooet Lake estates.

With respect to the present application, the original Bylaw No 88 identifies the subject property of this application as “lodge area” and “works area”. Under the LUC, a lodge, hotel or motel with approximately 45 - 50 units could be constructed on the lodge area site. There are no maximum floor area provisions in the LUC for lodge units. Permitted uses within the works area are

SLRD Regular Board Agenda, September 29, 2008 Page 56 of 390 - 2 - industrial: sawmill, building supply and lumber yard, welding shop, sheet metal workshop, machine shop and parts manufacturing etc.

The proposed development involves the creation of 17 home sites on the area identified as the lodge/works area. Also proposed is a reconfiguration of the residential sites adjacent to the Greenbelt Area at Gate 6 on the original 1976 site plan.

Planning Department Comments From a land use perspective the proposal for residential building sites may be a better fit with the existing development at Lillooet Lake Estates than development of tourist accommodations. Planning staff are aware that Vancouver Coastal Health has had ongoing concerns about Lillooet Lake Estates. HJD has submitted information regarding proposed water supplies and sewage disposal that will need to be reviewed with the health authority. One issue of particular contention with this Land Use Contract amendment will be the development of six sites (150 A to G) within the Gate Six area of Lillooet Lake Estates. These sites are shown on the original site plan (in a different configuration), but the 1990 site plan shows them as part of an extended greenbelt. Since no amendment to the original land use contract was ever created by bylaw, the 1976 plan has been the only copy that the SLRD has officially had on file (although copies of 1990 and 1997 site plans were submitted to the office by the developer). The SLRD’s solicitors have previously advised that until a formal land use contract amendment bylaw is adopted, the 1976 plan is the one to which we must adhere. For the remainder of the Lillooet Lake Estates lands, this amendment is being finalized under Bylaw 820. Over the last 10 or more years, Mr. Potvin has sold sites within the Gate Six area adjacent to the currently contentious sites, giving purchasers the impression that that area would be protected as a ‘greenbelt’ zone. Those site purchasers have opposed efforts to develop these sites and have expressed a strong desire to resist the proposal. Due to the contention over sites 150 A to G, the previous LUC amendment attempts ended up deleting this portion of the property from Bylaw 820. Recommendation: The main aspect of this application is the redesignation of the lodge/works area to residential. While there have been significant challenges in the past, the Planning Department believes the application should proceed and that outstanding issues may be resolvable.

With respect to sites at Gate Six, issue of the greenbelt designation needs to be resolved. Approval of the residential redesignation should be subject to resolution of the greenbelt issue.

Respectfully submitted,

Steven Olmstead Director of Planning and Development

SLRD Regular Board Agenda, September 29, 2008 Page 57 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 58 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 59 of 390 SQUAMISH-LILLOOET REGIONAL DISTRICT BYLAW NO. 1106-2008

A bylaw of the Squamish-Lillooet Regional District to amend Squamish-Lillooet Regional District Bylaw No. 88-1976, Lillooet Lake Estates Land Use Contract.

The Board of Directors of the Squamish-Lillooet Regional District, in open meeting assembled, enacts as follows:

1. This by-law may be cited for all purposes as the “Squamish-Lillooet Regional District Bylaw No. 88-1976, Land Use Contract Amendment Bylaw No. 1106- 2008".

2. The Squamish-Lillooet Regional District Bylaw 820-2003, is amended as follows:

(a) That the Official Site Plan, Schedule B, Bylaw No. 88-1976, is amended by reconfiguring the lot line alignments within the area outlined in heavy lines on Plan of Heather-Jean Development, Lot 4901, Lillooet Land District, prepared by G.B. Miller, BCLS on June 18, 2008, which is attached as Appendix 1 and forms part of this bylaw. (b) That the sites within the area outlined in heavy lines on Appendix 2 to this Bylaw be designated as follows: a. Sites 2A, 3B, 4C, 5D, 6E, 7F, 8G, 9I, 10J, 11K , 12L 13M, 14N, 15O, and 16 are designated residential b. Site 50d is designated office – residence c. Site 9H is designated shop/recreation site.

READ A FIRST TIME this day of READ A SECOND TIME this day of

A PUBLIC HEARING WAS HELD, PURSUANT TO SECTION 890 OF THE LOCAL GOVERNMENT ACT, ON THE day of

READ A THIRD TIME this day of 2008

APPROVED BY THE Minister of Community Development this day of ,

ADOPTED this day of ,2008

______Russ Oakley Paul R. Edgington Chair Chief Administrative Officer

SLRD Regular Board Agenda, September 29, 2008 Page 60 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 61 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 62 of 390 To: Regional Board

From: Paul R. Edgington

REPORT Date: September 22, 2008

Re: Pemberton Boundary Expansion Proposal

Recommendation: That the report “Review of Pemberton Boundary Expansion Proposal” prepared by Sussex Consultants Ltd be forwarded to the Village of Pemberton and the Ministry of Community Development along with a request to work on the matters identified for attention within the report.

Purpose: To decide on next steps with respect to the Pemberton Boundary Expansion Proposal which has been referred to the board for comment.

Discussion: Staff commissioned a review of the Village of Pemberton Boundary expansion proposal in accordance with the board’s direction of June 23, 2008. The attached report (prepared by Sussex Consultants Ltd) sets out the results of that review. In all, the report has 16 conclusions.

Implications:

General: The report examines the expansion proposal in a comprehensive manner and draws some conclusions. The more significant being: x It is not possible to identify tax impacts until the application of a cap on power utilities has been addressed, x Tax Revenues of four SLRD electoral area services will be impacted (building inspection, elections, electoral area emergency planning and electoral area community parks). Revenue loss will be 11% (approximately $13,000.00). x There will be local service area impacts which will need to be communicated to the Province and dialogue as to how the areas will be treated. x The proposed boundary for analysis should be larger and more inclusive. x The RGS should be adopted, ,the Area C OCP amended and the hillside servicing plans identified prior to proceeding. x

Organizational:

SLRD Regular Board Agenda, September 29, 2008 Page 63 of 390 Financial: There are several financial matters in need of further analysis, the most significant one being whether there will be a cap on the tax rate for power projects.

Legal:

Board Policy: The sub-area plan conducted by the SLRD, in conjunction with the Village of Pemberton and Lil’wat Nation set out a series of next steps, which were: 1. Protect the new development area, 2. Servicing and development analysis 3. Boundary expansion, 4. Future planning

It may be premature to consider a boundary expansion until the matters identified in the servicing and development analysis have been completed.

Strategic Plan:

Background:

Supporting Documents:

Key issues/concepts:

Desired outcomes:

Author’s signature

SLRD Regular Board Agenda, September 29, 2008 Page 64 of 390 Review of the Pemberton Boundary Expansion Proposal

September 2008

SLRD Regular Board Agenda, September 29, 2008 Page 65 of 390 Table of Contents

1. Introduction ...... 1 Overview...... 1 Early stages...... 1 Elector assent is required ...... 2 The proposed expansion area ...... 2 Report outline ...... 2 2. Expansion Area Fundamentals ...... 3 3. Financial Uncertainties ...... 6 Capping the property taxes on Rutherford Creek Power ...... 6 Treatment of local service areas...... 7 The Village’s own tax rates...... 8 4. Financial Impacts on the SLRD ...... 9 Overview...... 9 SLRD taxes that would not be affected...... 9 SLRD functions that would be affected...... 10 The local service areas...... 12 Amenity payments...... 15 5. Boundary Extension Process ...... 17 Boundary guidelines ...... 17 Expanding the boundary ...... 18 Timing and procedure...... 19 6. Summary and Conclusions ...... 21

Appendix A: Study Area Maps Appendix B: Expansion Area Properties Appendix C: SLRD Tax Requisitions Appendix D: Boundary Extension Criteria

SLRD Regular Board Agenda, September 29, 2008 Page 66 of 390 1. Introduction

Overview This report is prepared for the Squamish-Lillooet Regional District (SLRD). It follows a decision made by the Village of Pemberton to pursue an expansion to its municipal boundary. In August of 2008 the Village’s consultant, Stantec Consulting Ltd., prepared a report (entitled “Village of Pemberton Boundary Expansion”) that outlines the process, identifies and describes a potential expansion area, and presents some preliminary findings.

The Stantec report focuses on boundary extension from the viewpoint of the Village and owners in the expansion area. The SLRD engaged Sussex to briefly review the Stantec material and advise on impacts that boundary expansion might have on the SLRD — in other words, to look at the matter from the SLRD viewpoint.

Of course, there would be a separate set of impacts on the Village too, since (among other things) adding the large power facility to the Village would mean a significant rise in the Village’s tax base and thus a significant rise in Village revenues. However, the responsibility for investigating changes to the Village’s finances rests with the Village and the topic is not addressed here.

Early stages It is recognized that the Village’s proposal is preliminary. There are multiple steps in the boundary extension process, and the matter is still in the early stages. The Village has done extensive work on the matter, though it has not yet made any submissions or formal application to the Ministry of Community Development (the lead provincial agency on local government matters).

The Village’s interest in boundary extension follows some of the recommendations in the SLRD’s “Pemberton & Area Sub-Regional Land Use Planning Study”, which identified the hillside area east of the as a potential area to accommodate the demands of future development. That report suggested that a municipal government — and specifically the Village of Pemberton — would be best suited to manage such growth and provide urban services if this area is used to meet the needs of future growth, and recommended that a boundary expansion study be done to assess the desirability of this.

As noted in the Stantec report, the provincial policy on municipal boundary extension calls for the municipality itself to initiate the process, establish dialogue with affected parties, document various technical aspects (like property taxes, for example), and prepare an information plan. In the end, however, boundary expansion can only be implemented by the provincial government; municipalities cannot change their own boundaries. It is important to bear this in mind when discussing boundary restructuring.

The Regional District’s interests in this process are well recognized. As set out on the Ministry of Community Development’s website on municipal boundary extensions: “Although not prescribed in legislation, the regional district has an important role in the boundary extension process. The regional district is the local government for areas outside municipal boundaries and they may provide services in the area. Consequently, regional district interests must be considered and municipalities should make their best efforts to accommodate

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 67 of 390 Boundary Expansion Proposal 1 those interests. However, the regional district does not have a veto on municipal boundary extensions.”

Elector assent is required The Local Government Act requires a municipality to either (a) obtain the assent of its electors (that is, voters in the Village) in a formal referendum, or (b) conduct an alternate approval process. Again, from the Ministry’s website: “Section 20 of the Local Government Act, which outlines the process requirements for a municipal boundary extension, was amended to formalize the manner in which a municipal council confirms that it has the approval of the municipal electorate to proceed with the boundary extension process.

Approval of the electors may be obtained either by conducting a vote or conducting an alternative approval process. Approval of the electors is granted if a majority of voters support the boundary extension in a referendum or if less than ten percent of municipal electors request a vote on the issue in response to the statutory advertising.

The municipal council may choose which process to undertake, and may follow an alternative approval process with a referendum. A boundary extension proposal cannot proceed if municipal electors with hold approval in a referendum.”

In addition, provincial guidelines call for the approval of a majority of those in the proposed expansion area. The method for confirming their approval depends on the how many properties are involved. If there are many properties, the Province often requires a referendum; if there are few, the Province might use a less complicated method, such as written assent.

The proposed expansion area Appendix A shows maps of the proposed expansion area, from the Stantec report. Appendix B presents a list of the individual properties.

Report outline This report consists of the following chapters. 1. Introduction 2. Expansion area fundamentals (property types and tax bases) 3. Financial uncertainties (elements affecting financial impacts that are not yet known) 4. Financial impacts on the SLRD (tax base shifts and tax impacts) 5. Boundary selection guidelines and restructure study procedures 6. Summary and conclusions.

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 68 of 390 Boundary Expansion Proposal 2 2. Expansion Area Fundamentals

As shown in the maps in Appendix A, the proposed expansion area has four main components: • Southwest: The highway corridor south of the Village, which includes (among other things) the power generating facilities of Rutherford Creek Power. This facility has a significant taxable value (about $40 million) for property tax purposes. • Southeast: The Airport Road area, which consists mainly of the lands immediately west of the airport (notably the Big Sky Golf Club) plus one lot at the eastern edge of the airport. • West: A large piece of Crown land comprising the Pemberton Creek watershed, on the western edge of the Village core. • East: Various lands on the east side of the Lillooet River. These mainly undeveloped parcels include areas identified as potential growth areas in the sub-regional plan.

The proposed expansion area consists of about 26 parcels, of which 22 are taxable (the others are three Crown parcels and one CN right of way — see Appendix B for the property list). The following figure shows that by far the dominant financial feature of the area is Rutherford Creek Power’s $40.5 million Class 2 - Utility values.

2008 Property Tax Base in the Proposed Expansion Area

Using the hospital tax rate multiple of 3.5 (and not the Village’s current 6.0), Rutherford Creek Power still accounts for almost 90% of the area’s tax-paying power. The area includes several farm properties, whose taxable property assessments for hospital and SLRD purposes is 50% of the value used for municipal taxes; in addition, homes of farm land are exempt from the province’s general tax (the “rural tax”) but must pay the municipality’s general tax if they join a municipality.

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 69 of 390 Boundary Expansion Proposal 3 Tax-Paying Power in the Expansion Area (Hospital Weights)

         



Note that not all of this tax base helps fund all the SLRD functions in the study area. While 100% of it helps fund electoral-area-wide functions like land use planning, portions of the expansion area lie outside some of the local service areas (LSAs) and thus not all the properties pay all the LSA taxes.

In terms of tax-paying power, the proposed expansion area is a meaningful part of Area C and potentially a bigger part of the Village of Pemberton.

Area C Tax Base (tax-paying power in $ millions)

      

    

Weighted to reflect the higher taxes paid by industry and business (using hospital multiples)

As can be seen from the preceding figure, the expansion area accounts for one quarter of Area C’s tax-paying power (that is, its weighted tax base after accounting for the higher tax rates faced by business and industry). However, the effective tax-paying power of the expansion area depends on which jurisdiction it’s in. As shown in the following figure, the same area would have a tax-paying power of $262 million as part of the Village — assuming the Village is allowed to maintain its current tax rate multiples, which are higher than the hospital multiples used for Area C. However, it is probable that the Province would impose a tax cap for Rutherford Creek Power, and this could reduce the

Review of the Pemberton Boundary Expansion Proposal 4 Village’s tax rate multiple for the power property and thus reduce the Villages effective tax-paying power.

Village of Pemberton Tax Base (tax-paying power in $ millions) - Uncapped

    

       

Weighted to reflect the higher taxes paid by industry and business (using Village multiples) Note: Assumes no tax cap is applied to Rutherford Creek Power

If, as is assumed in this report, the Village’s tax rate on Rutherford Creek Power properties would be capped at the equivalent of 3.5 times the rate for homes, the expansion area would play a smaller role in the Village’s tax base than shown above; after all, the effective tax-paying power above counts the utility property assessments at 6.0 times the residential rate. But as shown following, even with a utility tax-multiple cap of 3.5, the expansion area would still mean a notable increase in the total for the Village.

Village of Pemberton Tax Base (tax-paying power in $ millions) - Capped

     

     

Review of the Pemberton Boundary Expansion Proposal 5 3. Financial Uncertainties

There are various uncertainties in estimating the tax impacts of Pemberton’s proposed boundary expansion, including these three important ones. • Would the Province cap the property taxes for Rutherford Creek Power, and if so, how? This could affect the calculation of the tax base used to apportion and fund SLRD taxes. • Would the Province preserve the current local service area (LSA) boundaries for some expansion-area SLRD functions after boundary expansion? This could affect the share of SLRD service costs apportioned to the Village. • What would happen to the Village’s own tax rates as a result of boundary expansion? Certainly, its tax revenues would rise (even if Rutherford Creek Power’s taxes are capped), but what would happen to its budgets for municipal services like road maintenance, development services, and administration? This would affect the “after” picture in a before-and-after comparison of taxes on expansion area properties.

Capping the property taxes on Rutherford Creek Power The Province often implements a policy of property tax neutrality for major industrial and utility properties that lie within a proposed municipal boundary expansion area. The general principle is that the property should not pay more as part of a municipality than it does as part of an electoral area. In the case at hand, Rutherford Creek Power properties are categorized at Class 2 - Utility by the BC Assessment Authority.

There are various ways to implement this goal. One of the most common is to limit the tax rate multiple used by the municipality in setting its tax rate for industry. For regional district taxes the Province has set the multiple for Class 2 at 3.5; whatever the residential tax rate is, the utility tax rate is 3.5 times as high.

Municipalities set their own multiples. The Village of Pemberton has chosen an above average multiple of 6.0 (the Village’s Class 2 rate is $11.97 per $1000 and the residential rate is $1.99, for a ratio of 6:1). The Village’s consultant (Stantec) has projected that keeping the Village’s 6:1 ratio would produce a property tax rise of 112% for the largest utility folio and 48% for the smaller property folios.

Why would the Village’s own tax rates matter when assessing the SLRD tax impacts? Because the SLRD apportions some of its tax burdens to participating municipalities based on the rates. For the electoral areas the SLRD must use the hospital tax multiples (3.5 for utility property), but for the municipal shares it can use the general tax multiples — that is, the multiples chosen by the municipality for its own taxes. For about half of the SLRD service functions in the study area, the SLRD uses the general tax base to apportion the tax load; for the other half it uses the hospital base.

There would be no meaningful difference if the municipalities all used the same 3.5 hospital ratio for their municipal taxes (many municipalities do), but that is not the case here. For many SLRD functions, boundary extension would see Area C’s weighted tax base (that is, its effective total after factoring in the higher tax burdens on utility and other non-residential properties) fall by about $140 million. But that doesn’t mean a rise of $140 million in Pemberton’s effective tax base; it means a rise of $240 million, because the Village multiple is 6.0, not the 3.5 used by the SLRD in the electoral areas.

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 72 of 390 Boundary Expansion Proposal 6 There would be no problem in our analysis if we knew that the Village’s 6.0 multiple would remain in effect. But we don’t know this, because of the potential for a property tax cap. If the Province capped the Village’s Class 2 tax ratio at, say, 3.5, then the $140 million fall in Area C’s tax base would be matched by a $140 million rise in Pemberton’s. And, in fact, 3.5 is about the ratio needed for tax neutrality for Rutherford Creek Power. The Village’s consultant has estimated that a ratio of 3.3 would keep the utility’s property tax bill the same under both Village and electoral area status (of course, this tax neutrality also requires a cap on the Village’s general rate for the Class 2 - Utility properties).

It is too early to know whether, or how, the Province would impose a tax cap on the utility properties. However, given that a cap of some form seems probable, this report assumes a 3.5 ratio would be implemented.

Treatment of local service areas It is too early to know how the Province would handle the matter of Local Service Area taxes. This would need to be resolved for five LSA functions: • Pemberton fire protection • Pemberton fire truck acquisition • Pemberton recreation commission • Pemberton Valley recreation trails • Pemberton TV and radio rebroadcasting

A sixth LSA, Pemberton refuse grounds, is not an issue in this regard because all of the properties in the expansion area already participate in this SLRD function, so the before and after pictures would be identical.

In each of the five affected LSAs, only a portion of the expansion area pays into the LSA, but all of Pemberton does. For example, the Rutherford Creek Power penstock property lies outside the fire truck LSA and so doesn’t help pay for it, but all properties in the Village participate and pay taxes for it.

The Province has several policy choices for the LSAs. • It could say that the post-expansion LSA boundary will be those parts of the LSA left in Area C, and all the properties in the Village, including all the newly added ones. This would include properties (like the penstock property) that were previously exempt from this LSA tax. This is not tax neutral. The larger tax base for the LSA would mean a fall in the tax rate, particularly for taxpayers in the Village. • Alternatively, the Province could stipulate that the current LSA boundary will remain in effect after boundary extension. The tax picture wouldn’t change much at all; the number (and tax base) of properties funding this service would stay as is, so there would be no meaningful change in the tax rates. Under this option all the existing Village properties would pay taxes for the fire truck but some of the newly added ones would not. This is essentially a tax neutral option. This option is assumed in this report.

This matter needs to be resolved by the Province once it becomes involved more deeply in the boundary extension process.

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 73 of 390 Boundary Expansion Proposal 7 The Village’s own tax rates The third significant uncertainty involves the Village of Pemberton’s own finances after expansion. This matters for several reasons. • First, it will affect the “after” taxes in the before-and-after tax comparison presented to owners in the expansion area, and this clearly might affect their support or rejection of boundary expansion. • Second, the “after” tax picture for the Village will affect the benefits perceived by the existing Village taxpayers and officials, and thus affect their appetite for boundary expansion. • Third, the “after expansion” tax rates of the Village for its own services would affect the tax rates on Rutherford Creek Power, and this in turn can affect the tax rate multiple used to determine the Village’s share of certain SLRD taxes,

The Stantec report includes a quick look at the before-and-after tax impacts for each property in the expansion area; for the “after” snapshot it uses the Village’s 2008 tax rates ($1.995 per 1000 for residential and $11.970 for utility property). But adding the substantial utility company taxes to the Village budget — even if they are capped taxes — could clearly have an effect on the Village tax rates for residential and business properties too. For example, the report notes that the Village and SLRD rates on Class 2 (utility) properties would have to be $4.060 and $4.602 respectively. This translates into a tax rate multiple of 3.3 for the Village’s SLRD tax and 2.0 for the Village’s general rate — but only if the pre-expansion rates for residential properties remain unaffected. A change in the residential rates would change the other numbers. The Village would have to identify more about the potential budget effects on its own services and taxes in order to determine the revised Village rate — and even then the calculations would still require details about a utility tax rate cap.

It is also worth noting that there are multiple ways to hold Rutherford Creek Power’s taxes at their pre-expansion levels. Tax neutrality for the company is attained by using a combined Village-SLRD tax rate of about $8.66 per 1000 — but this total might be reached a number of ways by shifting more, or less, from the Village rate to the SLRD rate.

Note that this problem would be much simpler if the SLRD used only the hospital base for its tax apportionment (the hospital base uses a Class 2 tax rate multiple of 3.5). The SLRD’s use of the general base (rather than the hospital base) for many functions has a spillover effect for Pemberton tax projections because while both the Village and the SLRD tax rates now use the same non-residential tax rate multipliers, this would be greatly complicated by a tax cap on the power company. Clearly, if expansion proceeds and a tax cap is in place, the Village would have to amend its tax rate multiple policy.

In the absence of a fuller analysis of what the post-expansion Village budget and tax rates might look like (and of course a clear picture of what the utility tax rate cap might look like, which can so strongly affect the Village tax rates), it is not possible to draw accurate conclusions about the impacts of boundary expansion on either Village or expansion area taxpayers.

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 74 of 390 Boundary Expansion Proposal 8 4. Financial Impacts on the SLRD

Overview The tax impacts on the SLRD would flow from the shift in the tax base from Area C to the Village. This is more serious for some SLRD functions than for others. • For those functions involving both the Village and Area C, the impacts would be generally minor because, while the tax base may shift from Area C to the Village, it would still be part of the tax-paying base for the function. For example, the list of taxpayers funding the Pemberton library would remain the same; some Area C taxpayers would become Village taxpayers but they would still pay into the function. • For functions involving only the electoral areas — building inspection, elections and UBCM, electoral area emergency plan, and electoral area community parks — the shift of taxpayers out of Area C would reduce the revenues to the SLRD (note that changes to the Village’s tax base don’t matter because it does not participate in these functions).

SLRD taxes that would not be affected Many SLRD taxes would not be affected in any meaningful way by the Village of Pemberton’s boundary expansion, for one of several reasons. • Pemberton and the expansion area don’t participate in some SLRD functions (for example, SLRD services at Furry Creek), so the boundary extension wouldn’t affect these functions. • Both Pemberton and all the expansion area share in the funding of some functions. The total tax base for these functions would not change, as the property assessments merely shift from Area C to the Village. The tax rate would be unaffected. Examples include general government, land use planning, solid waste, Pemberton recreation complex, and the Pemberton library.

SLRD Functions in the Study Area That Would Not Be Materially Affected

Function Who participates General government All SLRD members Land use planning All SLRD members Regional growth strategy All SLRD members Solid waste mgmnt plan All SLRD members Pemberton-Lillooet TAC All SLRD members Lower Mainland TAC All SLRD members Pemberton fire rescue Pemberton + Area C Pemberton search and rescue Pemberton + Area C Pemberton District recr’n complex Pemberton + Area C Pemberton & District museum Pemberton + Area C Pemberton library Pemberton + Area C Pemberton & area cemetery Pemberton + Area C Sea to Sky trails All SLRD members Pemberton & area econ development Pemberton + Area C

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 75 of 390 Boundary Expansion Proposal 9 SLRD functions that would be affected Four SLRD functions are funded only by the electoral areas, and the taxes for them would be affected by boundary extension: • Building inspection • Elections and UBCM • Electoral area emergency planning • Electoral area community parks.

Taxes for these would be affected because the tax base would fall as properties shift to the Village. The SLRD would face two choices: either cut spending in order to reduce the need for taxes, or raise the tax rate enough to offset the loss. These options are shown in the following table.

If the lost revenues are to be made up by raising the tax rates, the proposed boundary extension would add $3 to the tax bill on an average home in the electoral areas (the average home value used here is $300,000, though it is higher in some areas and lower in others). Alternatively, if the current tax rates are held constant and spending is curtailed, the SLRD would have to cut a total of $13,000 from the four function’s budgets.

The Four Electoral Area Functions That Would Be Affected

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 76 of 390 Boundary Expansion Proposal 10 Tax Loss in the 4 Electoral Areas Due to Boundary Extension

$14,000 $12,946

$12,000

$10,000

$8,000 $6,923

$6,000

$3,817 $4,000 $2,080 $2,000 $126 $0 Building Elections and Electoral area Electoral area Total inspection UBCM emergency plan community parks

It is worth noting that the Province can arrange transitional assistance for a regional district to help mitigate the lost revenues flowing from a municipal boundary extension. One rule of thumb used by the Province is whether the net tax impact on a service is greater than 10%. In the case at hand, the net loss for the four functions is just over 11%. Assistance can include the requirement that the municipality must keep contributing tax dollars to offset the regional district losses, either for a transition period (say, for 3-5 years) to give the regional district time to adapt to its reduced tax base, or permanently (though permanent help is rarer). Note, however, that while the relative loss exceeds 10%, the absolute loss, expressed as a $3 tax rise on an average home, is quite small. Given this small impact, it is unlikely that the Province would view this case as warranting special financial assistance. Of course, that would be up to the Province.

Tax Rise on a $300,000 Home to Offset the Revenue Loss Due to Boundary Extension

$3.50 $3.12 Extra tax on a $300,000 home in Electoral Areas A, $3.00 B, C, and D in order to make up for the loss of revenues due to boundary extension $2.50

$2.00 $1.65

$1.50

$0.93 $1.00 $0.51 $0.50 $0.03 $0.00 Building Elections and Electoral area Electoral area Total inspection UBCM emergency plan community parks

Review of the Pemberton Boundary Expansion Proposal 11 The preceding figure shows the tax rise on a home with an assessed value of $300,000, but the average actually varies a lot among the four electoral areas. The following figure shows the impact on an average home in each of the four areas.

Extra Tax on an Average Home in Each Electoral Area to Offset the Lost Revenues

$6.00 $5.51 Estimated home property values shown in $5.00 parentheses include houses, condos and mobile homes $4.00

$3.12 $3.00

$2.08 $2.00 $1.77

$1.00

$0.00 Area A ($200,000) Area B ($170,000) Area C ($300,000) Area D ($530,000)

The local service areas The study area includes six LSAs of the regional district: • Pemberton fire protection • Pemberton fire truck acquisition • Pemberton refuse grounds • Pemberton TV and radio rebroadcast • Pemberton recreation commission (technically, this is a “defined area” function rather than a “local service area” function, but there is no meaningful difference here) • Pemberton Valley recreation trails

The entire Village of Pemberton contributes to each LSA but this is true of the expansion area only for the Pemberton refuse LSA. For the other five LSAs, some of the expansion area lies outside the LSA. For example, only four property owners in the expansion area pay into the Pemberton TV rebroadcast LSA.

The Province could choose two different policies for each LSA after boundary expansion: • All the expansion area properties can be lumped into the Village as full taxpayers for the LSA service. This would include Area C properties that currently lie outside the LSA and thus don’t pay the LSA tax. The Village tax base that is used to recover the costs of the service would rise as previously exempt Electoral Area C properties are added to the Village’s share of the LSA tax base. The tax base of the LSA in the electoral area would fall as LSA properties are transferred to the Village, but not as much as the Village’s share would rise (remember, all the expansion area properties would become paying members of the LSA even though many aren’t now). • The Province can maintain the non-LSA status of certain properties even though they become part of the Village. Under this option, being added to the Village doesn’t mean you automatically start paying LSA taxes. Those newly added properties that

Review of the Pemberton Boundary Expansion Proposal 12 paid before would pay after, and those that didn’t pay the LSA tax before would not pay after. The total tax base of properties contributing toward the LSA’s costs would be unchanged. For each LSA, the tax base shift out of Area C would be matched by the shift into the Village. This is the default assumption here.

Another important question has to do with how the tax load of each LSA function is apportioned between the Village and the LSA parts of the electoral area. As shown in the next table, a variety of ways are used to calculate the tax split between the Village and Area C.

Local Service Area Tax Requisitions If LSA Boundaries Are Maintained After Expansion

In one particular case — TV and radio rebroadcast — there is virtually no link between each party’s share of the tax load and its tax base. Instead, the taxes are shared on the basis of residential property counts. Because of this financing disconnect, the shift in the ability to pay (that is, the taxable property assessments) is not matched by the shift in the tax load. As a result, the tax consequences for the Village are very different from those for Electoral Area C properties. The following table shows the LSA tax rates and tax loads on a typical home in the LSA portion of Electoral Area C (the Village’s numbers would be different).

As can be seen in the following table, boundary extension would not have any tax consequence for five of the LSAs. For the TV rebroadcast function, boundary extension would mean $20 tax rise for those Area C properties remaining in the LSAs but outside the expansion area. This is because the remaining Area C tax base falls significantly but the taxes required hardly change at all. The same tax load must be recovered from a very much smaller tax base.

Raising taxes $20 for Area C properties is one way to offset the shift. Another option that would avoid this tax jump is to redefine the basis for the tax load apportionment. Instead of apportioning the tax load on the basis of residential folios, the LSA funding bylaw could be altered to base the split on property assessments, as is used for the other shared functions.

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 79 of 390 Boundary Expansion Proposal 13 Local Service Area Taxes on a $300,000 Home That Remains in Electoral Area C

What if the Province does not maintain the current LSA boundaries inside the Village? If the Province says that the all newly added properties in the Village will contribute to the Village’s share of LSA costs, the tax impacts for Area C properties would be better than shown above. This is because the total tax base used to finance the costs would be bigger, since all newly added properties would be part of the equation. The result is a lower LSA tax rate for both the Village and the LSA parts of Area C (though obviously not for the newly added properties that didn’t pay the LSA tax before; for them it would be a new tax). As it turns out, this really affects taxes for only two LSAs — Pemberton fire protection and recreation trails.

Using this option would have no effect on the taxes for the Pemberton refuse grounds and almost no effect on the taxes for the Pemberton recreation commission, because these two LSAs already have the large Rutherford Creek Power tax base in their calculations, and this optional LSA policy wouldn’t change that. And the option wouldn’t have much of an effect on the fire truck taxes simply because they are very low no matter what LSA policy is used. The taxes for TV rebroadcasting wouldn’t be affected, because the tax load isn’t apportioned on the basis of the tax base, and anyway, Rutherford Creek Power’s big taxpaying parcels already pay into this LSA.

But the tax rates for fire protection and for recreation trails would fall by about 20% as a result of the large utility company properties being added to the taxpaying base. For an average home remaining in the LSA part of Area C, this translates into a tax fall of $4 for the trails LSA and $35 for fire protection. This exceeds the $3 tax rise projected for the four electoral area functions outlined earlier (building inspection, elections and UBCM, emergency planning, and community parks) — though of course this $3 rise affects all electoral area properties, whereas the $35 savings on fire protection applies only to those properties in Area C that lie in the fire LSA.

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 80 of 390 Boundary Expansion Proposal 14 The impacts on Village taxpayers, and in particular on those newly added properties currently lying outside the LSA areas, would be greater than the impacts on electoral area Taxpayers (the Village should assess these impacts if the boundary extension progresses).

LSA Taxes If All Expansion Area Properties Pay the LSA TAX as Part of the Village

Amenity payments The 2001 “Community Benefits Agreement” between Rutherford Creek Power Ltd. (“RCPL”) and the SLRD refers to payments to be made by RCPL to the SLRD. Several different types of payments are outlined. In particular, “amenity payments” are identified. Relevant portions of the Agreement include these paragraphs. • Section 2.1 states: “RCPL shall pay to the District for the benefit of Electoral Area C of the District the sum of $40,000 (the “Amenity Payment”) ... on July 1st of each and every year .. so long as RCPL continues to sell, distribute or otherwise transmit electricity from the Project in exchange for any consideration.” • Section 4.6 states: “All monies received by the District on account of the Amenity Payments shall only be used by the District for services within Electoral Area C of the District.”

Note that the “Amenity Payment” is different than the “Community Benefits Fund”. Monies from this Benefits Fund can only be used by the District for recreational services in Area C, and at least half must be used for capital works. This Fund totals $200,000 and is not part of any annual payment plan or schedule. However, the “Amenity Payment” has no such restrictions. The SLRD has been putting the $40,000 into a special reserve fund for recreation amenities in Area C, near the Village of Pemberton.

It is extremely difficult to imagine what rights, grounds or appetite the Province would have to try to change the Agreement, since the Province is not a party of the Agreement. However, the Province could transfer this “asset” (that is, the right to receive the money) to the Village. The Province, after all, often transfers regional district assets (and liabilities) to municipalities as part of boundary extension, and has done so for

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 81 of 390 Boundary Expansion Proposal 15 agreements that share similarities with the one at hand. If the Province’s actions one way or the other are challenged, it could require a formal legal process to determine the disposition of the rights to the money. This could be a costly solution to a problem more appropriately solved by discussion and negotiation between the Village and the SLRD.

It is worth pointing out that the current SLRD plans for the amenity fund money — that is, enhancing Area C recreation amenities near the Village — would benefit the residents of the Village as well as the residents of Area C. If the money were restricted to this use no matter who actually receives the funds, the benefits to residents in the area would be more or less the same.

This is one matter the Province must clarify if the Village’s boundary extension process continues further. Clearly, there should be a dialogue between all three parties — the Village, the SLRD, and the Province — over the rights to this money and how it is to be used. It would simplify the matter substantially if the Village and the SLRD (particularly the Area C director) could agree on a process by which the funds can be applied for the benefit of all resident of the area. One possible solution could be to agree on which specific projects are to be funded, in which case it wouldn’t matter much who actually receives the funding. An alternative would be to split the funds — say, based on population — and let each party determine on its own how its share should be spent (though this may leave both sides with an inadequate amount to properly fund targeted projects).

As a final comment, it should be noted that the intent of the original agreement was to help fund Area C services, not Village services. Even though there might be a legal basis for doing so, transferring the whole sum to the Village to use as it sees fit would not only run counter to the original goal of the agreement, but it would also be an additional gain to the Village on top of the already substantial tax revenue benefits. This double gain would stand in contrast to the fact that the SLRD will be losing $13,000 in tax revenues for the four electoral area services discussed earlier in this chapter.

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 82 of 390 Boundary Expansion Proposal 16 5. Boundary Extension Process

Boundary guidelines The Ministry of Community Development has developed criteria for assessing the merits of boundaries for municipal extensions. From the Ministry’s website: “The Criteria define the technical and process requirements for a boundary extension to proceed. Generally, a proposal must meet the following basic technical requirements: • The area proposed to be included within the municipality must be contiguous with the existing municipal boundary; • The proposed municipal boundary should not divide legal parcels; • Roads and road rights-of-way adjacent to the boundary extension area should be included in the municipality; • Indian reserves will not be included within municipal boundaries; and • The ministry prefers to see one proposal for a logical block of parcels, rather than a number of incremental boundary extensions over time to include the same area.”

There are other considerations, too, including these: • Consistency with existing service boundaries; • The notion of a “whole community”; • Protection of community amenities and features.

The following comments are offered with resect to these points in the case at hand. • Contiguous area: The proposed boundary is technically contiguous with the existing Village boundary. However, it is worth noting that the existing Village boundary is itself somewhat convoluted, with several umbilical extensions snaking along road allowances both to the river and across it. The proposed expansion would in fact reduce the umbilical effect somewhat. However, the boundary would leave several parcels in Area C surrounded by the Village, along the east side of the Lillooet River immediately north of the highway bridge. • Legal parcels: The proposed boundary follows legal lot lines with the exception of the watershed area on the west, which is unsurveyed Crown land and which thus has no legal boundary. • Roads: The boundary generally includes all adjacent roads. There are several areas where CN Rail rights-of-way and BC Hydro rights-of-way are “trapped” in the electoral area between sections of the municipality. • Reserves: No Indian Reserves are included in the proposed expansion area. • Logical block of parcels: While the proposed expansion area is fairly large, it leaves out a considerable amount of mainly farm or ALR land between what will become the two nodes of the municipality — that is, between the existing urban center on the west and the growth area on the hillside across the river. • Service boundaries: For most local services, the proposed boundary would present no inconsistencies. Both Pemberton and the expansion area share in a number of SLRD functions now, and this would not change due to boundary expansion. It is true that even after expansion, several SLRD functions would still be split between the Village and parts of Area C, but that is not a meaningful change from the present situation (fire protection is an obvious example). However, the proposed boundary would not deal the North Pemberton Water service. This is an SLRD-administered

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 83 of 390 Boundary Expansion Proposal 17 service but the Village is the water supplier. The large-scale boundary extension would be a good opportunity to “correct” this split service and put it all under Village’s jurisdiction, which would be much more consistent with the service’s supply. In addition, it may be premature to judge the continuity of the proposed boundary with servicing arrangements for the hillside growth area, mainly because the servicing plans for this area have not yet been drawn up. • Whole community: The proposed boundary would unite much of the community under one jurisdiction with one locally accountable body, and, if the growth plans for the eastern hillside materialize, would certainly extend this concept to future growth and development. However, it excludes numerous parcels that lie between what will be the two major sections (the east and west nodes) of the Village. This exclusion would perpetuate the multiple local government system; not only would the Village be present, but other properties would receive local services from both the Province (roads, subdivision approval, and tax collection) and the SLRD (many services). That means three different forms of local government for a small population in a small geographic area. • Protection of amenities: The western boundary extension is designed to bring the watershed for the Village’s water aquifer under municipal control (at least, to the extent that the municipality can control activities on the site, which may be limited). While there could be debate as to whether this is a meaningful enhancement of local control, the principle behind including it is clear and defensible. (Of course, it is also worth pointing out that the Village might also enhance its tax base if any new power generation facilities are developed in the area.)

One additional comment is that the proposed expansion area includes some Crown lands, including the unsurveyed watershed area on the west. A decision to put Crown land, and especially unsurveyed Crown land, into a municipality is one that the Province takes very seriously. Provincial policies on this involve consideration of numerous factors, including (among other things) consultation with First Nations.

Expanding the boundary It must be acknowledged that there is rarely a “perfect” boundary for municipal expansion. However, it would make sense to start the boundary extension process by drawing a larger, more uniform boundary, and then, after analysis of the impacts, decide whether a smaller boundary is more practical. By leaving out various parcels and starting with a two-node municipality, the effects of a choosing a smoother, more inclusive boundary can’t be seen and thus can’t be judged.

It is worth pointing out that the gap between the two nodes will become more obvious as new development takes place in the hillside area. Growth and development in the new node will make the gap stand out even more from the perspectives of “whole community”.

Most of the excluded parcels between the nodes are in the Agricultural Land Reserve and some are working farms. Homes on farm land gets a property tax exemption in the electoral area that does not exist in a municipality (a home on farm land is exempt from the provincial general tax but must pay the municipal general tax); and ALR properties would see a slight shift from local taxes on 50% of their values to municipal taxes on 100%). These two factors suggest that properties in the excluded areas might face a worse tax impact than would the properties in the original expansion proposal, and this of course could be a reason to exclude them.

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 84 of 390 Boundary Expansion Proposal 18 However, the post-expansion Village tax rates have not been worked out yet, so it is not possible to conclude what would happen to their taxes as a result of joining the Village. They may indeed go up too much to make it attractive for them to join the Village — but the information on this has not yet been assembled. (This is true for those properties already in the expansion proposal, too.) The Village’s post-expansion tax rates can’t be projected with much certainty until we know (a) the nature of a tax cap on Rutherford Creek Power; and (b) what policies the Village may develop for the use of the new taxes from Rutherford Creek Power (for example, would they be used to reduce tax rates?).

In addition, there is merit in starting from the position that the “whole community” concept could be enhanced by the “one local government” concept. There is no doubt that property owners living adjacent to the Village boundary benefit from the activities and policies of the Village, but they have little or no say in these policies. This includes the areas between the current Village boundary and the river that are left out of the expansion proposal. In a small geographical area there are two different local governments, with different sets of powers and different levels of accountability to local voters. There is merit in suggesting that the concept of one commonly shared local government system — the Village system — warrants at least a preliminary examination for the areas between the Village nodes.

It is suggested that if the boundary extension initiative progresses further, the study boundary should be expanded to include not just the properties in the North Pemberton Water area but also all the properties between the two nodes of the Village. Once the impacts of a larger boundary are known, there would be a better basis for selecting a smaller one if that makes sense.

Timing and procedure The timing of any further look at boundary extension needs to be carefully considered. There is nothing particularly wrong with the timing of the preliminary work to date, but several factors should guide the timing of any next steps.

First of all there is the matter of the Regional Growth Strategy process. The RGS bylaw, which is nearing adoption, identifies the hillside area at a “future growth node”. Without this designation, the rationale for the proposed expansion area fades significantly. It would make sense, then, that further work on boundary extension should await the adoption of the Regional Growth Strategy bylaw.

Second, the amendments to the Official Community Plan, which should be changed to conform with the RGS, have not been completed. While this process is running parallel to the RGS work, it is a separate technical stage and should be completed before boundary extension is pursued further.

While their adoption may seem routine at this point, these two bylaws — the RGS and the OCP — are not just technicalities in the context of boundary extension. They are crucial to the underlying reasons for expanding the Village’s boundaries: the accommodation of future urban growth in a municipal system.

Third, it should be noted that the Pemberton & Area Sub-Regional Planning Study identified the need for more planning information about the proposed hillside development area. In particular, it notes that there needs to be a comprehensive servicing analysis to determine how the new growth area can best be serviced. Such an analysis has not yet been undertaken. The results could indicate that adjustments should be made to

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 85 of 390 Boundary Expansion Proposal 19 the expansion area boundary to reflect future servicing arrangements; or they could reinforce the currently-proposed boundary. It would make sense, then, to postpone further work on boundary extension until this information has been obtained. In fact, it is reasonable to wonder why the OCP and RGS are so close to completion without the hillside area servicing analysis having been completed.

Fourth, provincial staff have indicated that the Ministry does not support major processes occurring at the same time, and it considers the Regional Growth Strategy and the proposed boundary extension both to be major processes.

When the RGS, OCP and servicing study are completed, it would be appropriate to begin assembling the missing information relevant to the Village’s boundary extension, and this should include further discussion about not just the (selective) boundary chosen to date but also key matters like the cap on Rutherford Creek Power’s taxes, the Village’s post- expansion tax policies, and an agreement on the use of the $40,000 annual amenity payment.

As a final comment, it is noted that while the Boundary Expansion report addresses a large number of important issues, little dialogue has apparently taken place with the key provincial agency — the Ministry of Community Development. It is crucial that the Ministry is included in any further steps or discussions about the Village’s boundary extension.

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 86 of 390 Boundary Expansion Proposal 20 6. Summary and Conclusions

1. The bulk of SLRD wide-area service taxes, like those for general government and land use planning, would not be affected in a material way by the proposed boundary expansion. There would simply be a shift in the tax base from Area C to the Village; the total need not be affected much. For these functions the tax impacts are essentially neutral for all members of the SLRD. This assumes that the Village would be required by the Province to cap the taxes on Rutherford Creek Power so that its property tax bill as part of the Village is the same as part of Area C. 2. If no cap is placed on these taxes and the Village maintains its current tax rate multiples, all SLRD members would see a slight reduction in the SLRD wide area functions. This is because the Village’s current tax policies would mean a greater shift in taxes to Rutherford Creek Power and this shift would benefit all SLRD members, though to a fairly small degree. 3. It is not yet possible to identify the tax impacts on individual properties in the proposed expansion area, because the application of any cap on the power utility’s taxes would have consequences for all other properties too. As an example, a cap on its total property tax bill could leave the company indifferent to having to pay taxes for fire protection (something it doesn’t do now). Any tax dollars it does pay for fire protection would lower the tax burden on all other properties (but it would also reduce the Village’s tax revenues). So while a cap might have no effect on the company, it could force an adjustment on the tax rate for all remaining properties. 4. The tax revenues of four SLRD functions would be affected by boundary expansion: building inspection, elections and UBCM, electoral area emergency planning, and electoral area parks. The loss of the tax base in the expansion area would mean a combined SLRD loss of about $13,000 in tax revenues for these four functions. 5. The SLRD would have two choices for these four functions: cut spending by $13,000, or raise the tax rate to make up for the loss. The budget cuts required to offset the revenue losses are relatively minor. If the full budgets are maintained and the lost revenue is made up by a tax rise, a $300,000 home would face a rise of $3.

Loss due to Budget cut .. or ...Tax rise on SLRD Function 2008 Budget boundary expansion as a % a $300,000 home

Building inspection $262,600 $3,817 1.5% $0.93 Elections and UBCM $35,800 $2,080 5.8% $0.51 E.A. emergency planning $122,890 $6,923 5.6% $1.65 E.A. community parks $5,700 $126 2.2% $0.03 Total $12,946 $3.12

6. The revenue loss for each of the four functions above amounts to about 11% of the 2008 tax requisition. This is above the 10% rule of thumb often used by the Province when assessing the need for transitional assistance for the regional district. Discussions should be held with the Province to clarify this in the case at hand. However, it should be noted that the absolute tax impact ($3 on a home) may be viewed by the Province as too small to warrant transitional assistance. 7. The more significant tax impacts on SLRD taxpayers relate to local service areas (LSAs). There would be no material effect on five of the LSA taxes in the study area: fire protection, the fire truck acquisition, the Pemberton refuse grounds, the Pemberton recreation commission, and recreation trails. However, there would be a

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 87 of 390 Boundary Expansion Proposal 21 notable rise in the TV rebroadcast tax rate for those Area C properties that would still be in the LSA. This is because the fall in the share of the LSA costs is minor but the fall in the share of the LSA tax base is major. Tax on a $300,000 Tax on a $300,000 Rise due to SLRD Local service area home before home after boundary (LSA) boundary expansion boundary expansion expansion

Pemberton fire protection $197.47 $197.47 $0.00 Pemberton fire truck acquisition $2.67 $2.67 $0.00 Pemberton refuse grounds $32.31 $32.31 $0.00 Pemberton TV rebroadcast $8.07 $27.69 $19.62 Pemberton rec’n commission $1.05 $1.05 $0.00 Pemberton Valley rec’n trails $23.64 $23.64 $0.00

8. The SLRD should consider revising the tax apportionment systems in the TV rebroadcast bylaw to more closely balance ability to pay with tax obligations. 9. There needs to be more communication with the Province as to how the local service areas are to be treated. Specifically, we need to know whether all the expansion area properties would be full taxpayers into the LSA functions if they join the Village, or, as assumed here, the original LSA boundaries would be preserved even inside the Village. This could affect the tax rates in those parts of Area C that are outside the expansion area, though to a small extent. It could have a potentially much greater effect on the taxes paid by some of those properties in the expansion area, since they might have to face SLRD taxes that they do not pay now 10. We need to know whether the Province would place a cap on the property taxes faced by Rutherford Creek Power, and if so, how it would be designed. A cap on these taxes would affect the Village’s tax rates, which in turn would affect the Village’s share of SLRD taxes (in addition to affecting the Village’s own taxes, of course). Clearly, this information is also important to Rutherford Creek Power and the Village itself, as well the other expansion area property owners. It is likely that some form of property tax cap would be imposed. 11. The Province could shift Rutherford Creek Power’s $40,000 annual amenity payment from the SLRD to the Village. This matter requires investigation and discussion with both the Village and the SLRD. It is quite possible that the disposition of the annual sum can benefit both parties. Discussions on this should commence early in any next phase of boundary extension. 12. The proposed boundary is generally consistent with the criteria set by the Province. However, it would create a two-node municipality and the gap between the nodes will become more obvious as development takes place in the eastern, expansion area node. It also perpetuates the split water service in North Pemberton. 13. It is recommended that the boundary for further analysis should be a larger, more inclusive one that eliminates the gap between the nodes and extends up the river to include the North Pemberton water service area. 14. A refinement of the tax impacts and other factors can be used to reduce the larger boundary as warranted. Starting with the proposed boundary does not allow judgments to be made about a more inclusive, larger boundary. 15. It is premature to advance further with the expansion proposal until the OCP has been amended, the Regional Growth Strategy bylaw has been adopted, and the hillside servicing plans identified. 16. Communication with the Ministry of Community Development is crucial if boundary extension receives further examination.

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 88 of 390 Boundary Expansion Proposal 22 Appendix A Maps of the Study Area

The following two maps are taken from an August 12, 2008 report entitled, “Village of Pemberton Boundary Expansion” prepared by Stantec Consulting Ltd. for the Village of Pemberton.

Review of the Pemberton SLRD Regular Board Agenda, September 29, 2008 Boundary Expansion Proposal AppendixPage A Page 89 of 3901 Review of the Pemberton SLRD Regular Board Agenda, September 29, 2008 Boundary Expansion Proposal AppendixPage A Page 90 of 3902 Review of the Pemberton SLRD Regular Board Agenda, September 29, 2008 Boundary Expansion Proposal AppendixPage A Page 91 of 3903 Appendix B Expansion Area Properties

Continued ...

Review of the Pemberton SLRD Regular Board Agenda, September 29, 2008 Boundary Expansion Proposal AppendixPage B 92Page of 390 1 Review of the Pemberton SLRD Regular Board Agenda, September 29, 2008 Boundary Expansion Proposal AppendixPage B 93Page of 390 2 Appendix C 2008 SLRD Tax Requisitions

Review of the Pemberton SLRD Regular Board Agenda, September 29, 2008 Boundary Expansion Proposal AppendixPage C 94Page of 390 1 Review of the Pemberton SLRD Regular Board Agenda, September 29, 2008 Boundary Expansion Proposal AppendixPage C 95Page of 390 2 Review of the Pemberton SLRD Regular Board Agenda, September 29, 2008 Boundary Expansion Proposal AppendixPage C 96Page of 390 3 Review of the Pemberton SLRD Regular Board Agenda, September 29, 2008 Boundary Expansion Proposal AppendixPage C 97Page of 390 4 Review of the Pemberton SLRD Regular Board Agenda, September 29, 2008 Boundary Expansion Proposal AppendixPage C 98Page of 390 5 Review of the Pemberton SLRD Regular Board Agenda, September 29, 2008 Boundary Expansion Proposal AppendixPage C 99Page of 390 6 Appendix D Boundary Extension Criteria

The Ministry of Community Development sets out criteria for selecting a boundary for municipal boundary extensions in a publication called “Municipal Boundary Extension Criteria” (revised in July 2005). Here is Chapter 5, which describes the criteria for choosing a specific boundary.

“5. BASIC TECHNICAL CRITERIA

In order for a municipal boundary extension proposal to be considered, it must meet certain technical criteria. These criteria reflect technical factors such as: mapping, legal certainty, property assessment and taxation, and jurisdiction for local road maintenance.

Contiguity The area proposed to be included into the municipal boundary must be contiguous with the existing municipal boundary. • Contiguous includes any distance for which the area of the proposal is adjoining the existing boundary, but does not include: a) an area adjacent to a municipal boundary that follows a right of way that is part of an ‘umbilical’ boundary configuration; or b) an area that is only connected to the existing municipal boundary at the corners of the areas. • Though an area may be contiguous, it must not fully enclose another area that would remain outside the municipal boundary. The only possible exception to these criteria is an Indian Reserve. • An exception may be made by way of a “satellite” boundary configuration in limited cases, such as: a) in the case of a major industrial site, such as a utility, saw mill or mine; or b) an area owned by the municipality and used for industrial/commercial purposes, such as an airport or recreational facility.

Legal Parcels • The proposed municipal boundary should not divide legal parcels. • An exception may be made where the proposed new boundary is the same location as one or more of the following: a) a proposed parcel boundary that is accurately defined (surveyed); b) a clearly defined part of a large parcel that recognizes a natural feature or an administrative boundary; or c) a major right of way, but usually not a local road right of way.

Local Roads Efficiency in relation to local road maintenance jurisdiction (i.e. municipality or Ministry of Transportation) is a primary consideration for municipal boundary extensions. Municipal boundaries in relation to local roads should meet the following criteria. • The boundary should not follow the centre line of a road-right-of-way, and should include the entire road within the municipality.

SLRD Regular Board Agenda, September 29, 2008 Review of the Pemberton Page 100 of 390 Boundary Expansion Proposal Appendix D Page 1 • Where a boundary extension area is in the vicinity of an existing boundary location following the centre line of a road, the situation shall be adjusted to include the entire road within the municipality. • Roads and road-rights-of-way adjacent to the boundary extension area should be included. • Roads that provide access from the municipality to the boundary extension area should be included. • Notwithstanding the above, where inclusion of a road is illogical from the perspective of road maintenance jurisdiction, the road will be excluded from the municipality. The objective is to avoid situations where the road maintenance jurisdiction is not continuous. • Where an Indian Reserve is located outside of the municipal boundary, and the local public roads through the Reserve are isolated from the provincial road maintenance jurisdiction, the roads may be included into the municipality by a boundary following the road-right-of-way.

Indian Reserves Indian Reserves will not be included within municipal boundaries by a boundary extension unless the First Nation specifically requests inclusion. If a boundary extension proposal abuts an Indian Reserve, or includes roads that access or traverse an Indian Reserve, the municipality should consult with the First Nation.

Definition of Blocks • To effectively consider boundary extensions, the ministry prefers to see one proposal for a logical block of parcels, rather than a number of incremental boundary extensions over time to include the same area. • Various factors can define a block, the most frequent being the local road network, so that all parcels within an area bounded by intersecting local roads are included. • Local service area boundaries (existing or future) and natural features are also used to define blocks. “

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From: Peter DeJong, Research and Policy Analysis

REPORT Date: September 17, 2008

Re: Renewals of BCAS Leases at Seton Portage and Goldbridge

Recommendation: THAT the Board: 1. approve the attached lease renewals to the BC Ambulance Service with respect to SLRD properties in Seton Portage and Goldbridge; and 2. authorize the Chair and the Chief Administrative Officer to execute the subject leases.

Administrator’s Comments: I concur.

Purpose: To renew the lease arrangements that are presently in place, with slightly improved terms, for another 5 year period.

Background: The current lease in Seton Portage has expired and the tenant is overholding on a month to month basis. An increase in the rent has been negotiated from $15.83 per square foot last term to $17.65 per square foot this term, inclusive of operating costs, with an escalating clause for costs inserted this term. As well, janitorial responsibilities have been simplified and the early termination clause has been removed.

The lease of the premises in Goldbridge will be expiring soon and an increase in the rent has been negotiated from $15.00 per square foot last term to $16.00 per square foot this term, inclusive of operating costs. As well, additional landlord responsibilities have been fulfilled and are therefore excluded in the new term. An escalating clause for costs has been again included this term.

Implications: General: Both leases are beneficial to the communities in which they are situate and are considered to be representative of fair market value in all the circumstances. Board Policy: The Board has previously approved this use for both buildings and this is a continuation of that policy. Legal: The Board is entitled to enter into these leases under the Local Government Act and is not required to issue a notice of the proposed disposition under sections 186 and 187 of the Act because this lease will be to a public authority (s.186 (2)(b)). Financial: The leases are for fair market value and are beneficial to their communities.

Key Issues/Concepts: Renewal of leases to BCAS.

SLRD Regular Board Agenda, September 29, 2008 1 Page 169 of 390 Desired Outcomes/Action Required: A resolution in the form stated above.

Supporting Documents: 1. Lease for Seton Portage ambulance station 2. Lease for Goldbridge ambulance station

Peter DeJong, Research and Policy Analysis

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From: Steven Olmstead, Director of Planning and Development

Date: September 17, 2008 REPORT Re: Makin Lands Development Proposal

Recommendation:

THAT the proponents for the development of the Makin lands in Britannia South be encouraged to consider submission of a zoning amendment application that is consistent with the SLRD Regional Growth Strategy and Howe Sound East Official Community Plan designations (i.e. 850 – 1000 residential units).

Administrator’s Recommendation: I concur. PRE

Voting Rules Who Votes: All; Count: Directors; Decision: Majority

Purpose: To consider the alternatives for proceeding with a development application for the Makin lands at Britannia Beach.

Background:

At the July 28th Board meeting, Ron Lea of FOLIO Hotel and Resort Architecture gave a presentation outlining a concept for a major development of the Makin lands at Britannia Beach. The Regional Board passed the following resolution in response to the presentation:

THAT an assessment of the community plan presented by Mr. Lea, be made by the Director of Planning prior to moving forward.

Planning staff have met with representatives of FOLIO twice since the July board meeting and on September 17th a workshop session with SLRD staff was held to discuss the proposal in more detail.

The proponents have presented a lofty goal and a clear vision for the development - “to establish a demonstration community where people will choose to live because of its breakthrough approach to sustainable living.” Their goal is to create a truly sustainable planned community. A sampling of targets being set include:

‰ become a community that is greenhouse gas (GHG) neutral from a building perspective, ‰ investigate alternative transportation options to see if the community can be GHG neutral in terms of all buildings and transportation and thus operate at a carbon footprint of zero,

SLRD Regular Board Agenda, September 29, 2008 Page 235 of 390 - 2 -

‰ pursue economic self sufficiency by bringing industry and commerce to the town, retail to serve residents and tourists and housing to suit the economic generators.

A copy of the pertinent pages from Supplement One to FOLIO’s Draft Master Plan for the Makin lands is attached.

Preliminary Planning Department Comments

General Consistency with RGS

In order to come to a consensus on how, if at all, the regional district should proceed with consideration of the proposal, Planning staff first examined the basic principles articulated by FOLIO in relation to the SLRD Regional Growth Strategy principles and designations.

The proposal is very strong in our opinion in terms of advancing many principles of the RGS – especially the commitment to sustainability principles noted above and the interest in creating a functional town with job opportunities/employment in the community in balance with residential (complete community). In terms of “compactness” our brief review is mixed – the Makin and Minaty bowls areas (the lower portions of the site) have potential for a very compact, walkable form and present excellent opportunities for a well designed small town to be created. These areas, however, are backed by large areas of steep slopes designated for low density single family residential, which detract from the potential compactness of the development.

The question of consistency with the Planned Community designation in the RGS is much more problematic. The RGS (and Howe Sound East Sub Area Plan) identify the Makin lands as a Planned Community. The scale of development for the Planned Community is clearly articulated in the OCP. The proposed development is much larger in scale and extent than envisioned in the OCP. The Howe Sound East plan provides for a range of approximately 850 – 1000 residential units plus ancillary commercial, parks, school site, etc. on the subject properties. The FOLIO proposal involves up to 2500 residential units plus significant industrial and commercial development, hence an OCP amendment would be necessary.

After conducting a very preliminary review and discussion of the proposed development, the Planning Department has given consideration to whether or not it is appropriate to bring forward a significant amendment to the RGS before or very soon after the RGS is adopted. In our view the Howe Sound East Sub Area Plan provides for significant development potential. The designation for the Makin lands in particular was the result of a balancing of a variety of interests and considerations. Proceeding at this time with a development of 2500 units in our opinion is too out of step in terms of scale (amount and geographic extent of development) with the direction of the RGS.

SLRD Regular Board Agenda, September 29, 2008 Page 236 of 390 - 3 -

Specific comments on the Makin lands proposal

As we are in the pre-application stage, the Planning Department has carried out only a very cursory review of the materials submitted by FOLIO. We have identified a number of key issues that need to be addressed, including but not limited to the following:

1. Confirmation of water supply – the proponents are advocating leading edge approaches to water use and conservation. The SLRD will require that adequate sources/supplies of domestic water/fire flows are available in conjunction with the development. Given that phasing of development would take place over a number of years, information gained from any innovative approaches to water conservation could be used to inform future amendments to servicing standards.

2. Infrastructure and service delivery financing – The plan submitted is very wide ranging in terms of innovative approaches to community development. The economic feasibility of delivery of community services and long term operations and maintenance of possibly unique infrastructure needs to be closely examined and well understood and the requisite service area bylaws in place before any zoning amendment bylaw is approved.

3. Low density development on steep slopes – while discussion has largely focused on the development of a compact townsite in the Makin and Minaty “bowls”, there is a very significant area of steep slopes proposed for low density single family housing. The plans to date lack specifics as to numbers of units and areas of the various polygons, but the impression of Planning staff is that positive aspects of compact development in the bowls areas could be compromised by extensive areas of possibly high visibility low density development on the mountain sides.

4. Parks and Open Space - a key objective of the Howe Sound East OCP is to obtain a significant park dedication. The area identified on FOLIO plans is significantly less than that identified in the OCP. This issue needs to be addressed at the application stage, especially in light of the amount of development being proposed.

5. Affordable housing – the question of how low income service and support workers in the community would be housed affordably has not been addressed.

6. Transit – transit is a key aspect of the development concept but planning for transit service delivery has barely begun at the regional district level.

7. Highway 99 bypass – for many years a bypass route along the back of the “Makin bowl” has been planned. The FOLIO group intends to present a case that the bypass is unnecessary. If the proposal is scaled back to an “OCP conforming” proposal, the Planning Department believes a stronger case can be made to not construct the bypass.

8. Complete community – the proponents have indicated that a central theme is a community conceived and designed around meeting the housing needs of people who will be employed at Britannia. To this end they are describing scenarios where new industry with sustainability objectives including research, zero emissions, incubators

SLRD Regular Board Agenda, September 29, 2008 Page 237 of 390 - 4 -

of new technology are being attracted to the development. Planning staff view a commitment to the creation of a new employment base at Britannia as a very important element of the proposal.

9. Amenities – an amenity zoning approach is recommended to ensure that there will be broader community benefits as a result of development of the Makin lands and to recognize, through a density bonus scheme, the environmental and social amenities that are inherent in the proposed model sustainable community concept.

10. Building regulations, provincial approvals and other regulatory constraints - Building regulations are possibly several steps behind the proposed green technology resulting in potential issues in determining equivalencies and code compliance. The Ministry of Transportation is the subdivision approving authority, resulting in challenges in obtaining approvals for urban street designs. Also, MoT is likely to require construction of a bypass around the development. None of these issues are necessarily insurmountable, but may be time consuming to resolve.

Conclusion and Recommendation

The Planning Department has not previously been asked to make a recommendation regarding whether or not a development application should be considered and if so, under what terms.

In this case we have struggled somewhat with a recommendation. The Planning Department is very enthusiastic about many of the concepts being advanced for development of the Makin lands. Many aspects of the development would significantly contribute to achieving the type of development envisioned in the RGS, albeit at a much larger scale than envisioned in the RGS and OCP. The Planning Department believes that the existing RGS and OCP offer potential for a very significant 1000 unit development and that consideration of amending the RGS is not warranted. There may be some need to consider an OCP amendment to achieve a more complete community than the Howe Sound East Plan envisions. Planning staff believe this could be addressed as necessary in conjunction with an zoning plan that conforms in terms of overall scale to the OCP.

The Planning Department recommends that the Regional Board pass a resolution indicating it would encourage the proponents to consider submitting a zoning amendment application that is consistent with the RGS and Howe Sound East OCP.

Respectfully submitted,

Steven Olmstead Director of Planning and Development attachment

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From: K. Needham, Strategy Planner

Date: September 4, 2008 REPORT Re: Application for a Temporary Use Permit #13; Pacific Place Developments Corp.; Porteau Cove; Electoral Area D

Recommendation:

That it be recommended to the Regional Board:

THAT the SLRD Board consider issuance of TUP #13 subject to the following conditions (to be addressed through SLRD staff):

1. confirmation of Sea-to-Sky Project highway alignment; 2. provision of sewage disposal plans to the satisfaction of the SLRD and Vancouver Coastal Health.

Administrator’s Recommendations: I concur. PRE

Voting Rules Who Votes: All; Count: Directors; Decision: Majority

Purpose: To provide the Board with information regarding a Temporary Use Permit (TUP) application for a temporary sales presentation centre.

Background:

On June 26, 2008, Pacific Place Developments Corp. submitted a Temporary Use Permit (TUP) application to allow for the construction of a temporary sales presentation centre at Porteau Cove, in Electoral Area D.

The proposed site is 0.13 hectares in size, however, it has not been subdivided from the parent parcel at this time. The lot lines proposed are similar to those shown in the zoning documentation. The site sits beside land that is proposed to be subdivided and transferred, along with a community building, to the SLRD for community use. The proposed building is attractively designed in a BC-modern style that includes the use of many native and organic materials The building is modular and can be taken apart for re-use. It is 405 m2 and includes outdoor terraces with heavy timber trellaces and significant landscaping. The structure includes a “green” roof with significant fenestration and stone-like cladding.

SLRD Regular Board Agenda, September 29, 2008 Page 247 of 390 - 2 - The application was presented to the SLRD Board at their July 28, 2008 meeting. At that time, the SLRD Board raised concerns about the potential wastefulness of such an extravagant temporary building. They requested that the application be sent back to staff in order to ensure that the building be used in a sustainable fashion over the long-term.

The applicant has provided a letter that explains their future intentions for the building.

This information was presented to the SLRD Board at their August 25, 2008 meeting, at which time the Board determined to consider issuance of the TUP at their September 29, 2008 meeting.

Referrals

The TUP application has been referred to a number of public agencies, including Vancouver Coastal Health, the Ministry of Transportation, the District of Squamish, the Squamish Nation and the Ministry of Environment. The following outlines the comments received, with SLRD staff comments noted in italics:

Ministry of Transportation

The Ministry offers the following comments related to the Porteau Cove Presentation Centre:

x confirmation from the Sea-to-Sky Project on the finished right of way alignment. (The applicant is working with the Sea-to-Sky Project to verify alignments). x the minimum setback of the structure to the highway right of way is 3 metres (excluding all cuts and fills) . (A 3 metre setback must be adhered to). x the driveway access to the presentation centre should be located farther away from the intersection closer to the adjacent property line. (The plan has been adjusted to move the driveway access). x the site and circulation plan of the presentation centre should take into account the future land use of the site e.g. the access and site plan would be on a similar template of a future service station. (A future template has been provided, however, as this is a temporary permit, any future development permits will be assessed on a case by case basis. Further discussions with Ministry of Transportation staff have cast doubt on the ability of this site to accommodate a future service station use). x the ministry has concerns about locating the temporary flag pole banner signs as indicated on the highway right of way. (The flag pole banner will be removed from the right-of-way). x there shall be no significant landscaping works on the right of way. (no significant planting is proposed in the right-of-way).

Vancouver Coastal Health

x A water system will require an operating permit under the Drinking Water Protection Act. (A water system permit will be applied for). x The applicant should look to a conventional sewage disposal system, as no holding tanks are allowed within the SLRD. (The applicant is looking at a small sewage disposal system and is working with Vancouver Coastal Health on the approval of such a system).

SLRD Regular Board Agenda, September 29, 2008 Page 248 of 390 - 3 -

Staff Comments:

Staff is satisfied that the conditions of TUP #13 will ensure the proposed development will be of a high architectural quality and that provisions for the buildings ultimate removal and re-use are sufficient.

Respectfully submitted,

K. Needham Strategy Planner

Attachments: 1. TUP #13

SLRD Regular Board Agenda, September 29, 2008 Page 249 of 390 - 4 -

TEMPORARY USE PERMIT TP NO.13

ISSUED TO: Pacific Place Developments Corp. 9th Floor 1095 West Pender Street Vancouver, BC

1. This Temporary Use Permit is issued subject to compliance with all of the Bylaws of the Squamish Lillooet Regional District applicable thereto, except those specifically varied or supplemented by this Permit.

2. This Temporary Use Permit applies to those lands within the Squamish Lillooet Regional District described below and any and all buildings, structures, and other development thereon: A 0.13 hectare site at Porteau Cove including that portion of District Lot 2076, Group 1 New Westminster District referred to as Lot 17 in Schedule A1 Sub Areas to the Squamish-Lillooet Regional District Bylaw No. 933, 2005, as shown on Schedule A (the ‘Property’).

3. In addition to the existing provisions of the consolidated version of Squamish Lillooet Regional District Zoning Bylaw No. 540, 1994, the following uses are permitted where indicated on Schedule A:

a) Temporary Sales Presentation Centre; b) Underground water and septic field /sewage disposal system; c) A propane tank; and d) unpaved parking areas.

4. Uses permitted under section 3 of this permit shall be subject to the following conditions:

a) no significant cut and fills may be created; b) disturbed sites shall be replanted with naturally occurring vegetation where possible; c) parking areas may not be paved and must be minimized in size to the least amount required for guest and employee parking; d) garbage and other waste shall be managed with bear proof bins; e) fuel storage on the property shall meet the standards specified in the Hazardous Waste Regulation (Environmental Protection Act) to provide protection from spills, vandalism, and fire hazard;

SLRD Regular Board Agenda, September 29, 2008 Page 250 of 390 - 5 - f) on the date of expiry of the temporary use permit the temporary use area shall be free of fuel contamination and restored as nearly as may reasonably be possible to the same condition as it was on the commencement date of the permit. All buildings shall be removed from the site; g) The building and site plans shall be in substantial conformance with Schedule “A” to this permit; h) The building shall be set back a minimum of 3 metres from the Highway 99 right-of-way.

5. As a condition of the issuance of this Temporary Use Permit, the Regional District is holding security set out below to ensure that development is carried out in accordance with the terms and conditions of this Permit. Should any interest be earned upon the security, it shall accrue to the Permittee and be paid to the Permittee if the security is returned. The condition of posting of the security is that should the Permittee fail to carry out development hereby authorized according to the terms and conditions of this Temporary Use Permit, the Regional District may use the security to carry out the development permitted by this Temporary Use Permit. There is filed accordingly: a) An Irrevocable Letter of Credit in the amount of $15,000.00.

6. The land described herein shall be developed in strict accordance with the terms and conditions and provisions of this Temporary Use Permit.

7. This Temporary Use Permit expires on ______, 2010.

8. Any application to amend this Temporary Use Permit shall be considered a new application.

9. This Temporary Use Permit is not a building permit.

AUTHORIZING RESOLUTION PASSED BY THE BOARD

THIS DAY OF _____, 2008.

ISSUED THIS DAY OF ______, 2008.

Paul R. Edgington Chief Administrative Officer

Schedule A to TUP # 13 – Location Map and Site specific uses

SLRD Regular Board Agenda, September 29, 2008 Page 251 of 390 - 6 - Schedule A to TUP 13– Location Map and Site specific uses

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From: Amica Antonelli, Planner

Date: September 19, 2008 REPORT Re: Temporary Use Permit Application; Coast Range Heliskiing Staging Area (9006 Pemberton Portage Road); Electoral Area C

Recommendation:

THAT notice be given, as per section 921 of the Local Government Act, that the Regional Board intends to give consideration to issuance of Temporary Use Permit No. 14 at the October 27, 2008 SLRD Board Meeting.

Administrator’s Recommendation: I concur with the recommendation. PRE

Voting Rules Who Votes: All; Count: Directors; Decision: Majority

Purpose: To provide the Regional Board with background information and staff recommendations on a temporary use permit (TUP) application for backcountry tourism guest staging in Poole Creek.

Background:

On September 18, 2008 Coast Range Heliskiing (CRH) submitted a TUP application to allow for backcountry tourism guest staging, including a helicopter landing area, fuel storage, and vehicle parking, on a parcel of private land in the Poole Creek neighbourhood (9006 Pemberton Portage Road). Temporary use of the site for heliski staging has been on-going since 2004:

Jul. 2004 CRH submitted the first TUP application. The applicant held two public information meetings at the Birken Fire Hall.

Dec. 2004 TUP No. 3 was issued. The Board encouraged CRH to find a permanent staging area as soon as possible.

Jun. 2005 CRH made an application to Land and Water BC for a permanent staging area located 2.2 kilometres up the Birkenhead Forest Service Road (FSR).

Aug. 2005 TUP No. 3 was renewed for one year.

SLRD Regular Board Agenda, September 29, 2008 Page 258 of 390 - 2 - Dec. 2006 TUPs may only be renewed once, but on the final expiry date a new application can be made. The permanent staging area had not yet been approved by the Province, and so following a public meeting a second TUP (No. 7) was issued.

Oct. 2007 TUP No. 7 was renewed for one year.

Feb. 2008 The SLRD zoning amendment bylaw was adopted to allow for use of the permanent heliski staging area on the Birkenhead FSR.

Apr. 2008 A Ministry of Environment policy change took place preventing CRH from receiving a permit to cut. The permanent staging area can not be used for heliski staging until further notice.

Sep. 2008 CRH applied for a third TUP.

CRH has spent a considerable amount of effort in trying to establish a permanent staging area in Poole Creek. The staging area is required to limit the fuel costs associated with use of a portion of their tenure that is needed for poor weather skiing, making the whole operation more financially viable.

During previous TUP processes the Village of Pemberton indicated support for the TUP. Owners of adjacent lots have expressed strong opposition due to noise pollution and loss of privacy.

CRH reports that over the 2007/2008 ski season the TUP site was used 29 days (30 days is permitted in the TUP). This amounts to approximately six helicopter landings per day, two days per week, each week of the ski season. CRH would prefer that more days be permitted, but also acknowledges the impacts to adjacent residents.

Staff Comments:

Staff acknowledge that noise pollution is a concern at the TUP site, and that adjacent residents have the right to quiet enjoyment of their property. However, given the financial implications to the CRH’s operations, and the known difficulties of establishing a viable business in small rural communities such as Pemberton, staff feel that a third TUP (see TUP No. 14 attached) should be considered. The comments of adjacent property owners should be carefully weighed.

Respectfully submitted,

Amica Antonelli Planner

Attachment: TUP No. 14

SLRD Regular Board Agenda, September 29, 2008 Page 259 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 260 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 261 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 262 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 263 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 264 of 390 TEMPORARY USE PERMIT TP NO. 14

ISSUED TO: Ken Dawe 20454 72nd Avenue Langley, BC V3A 4P7

For authorized use by: Coast Range Heliskiing PO Box 16 Pemberton, BC V0N 2L0

1. This Temporary Use Permit is issued subject to compliance with all of the Bylaws of the Squamish Lillooet Regional District applicable thereto, except those specifically varied or supplemented by this Permit.

2. This Temporary Use Permit applies to those lands within the Squamish Lillooet Regional District described below and any and all buildings, structures, and other development thereon: Approximately 200 square meters of District Lot 338, LLD, except Plans A9, H18464 and KAP46838, as shown on the map attached hereto as Schedules A.

PARCEL IDENTIFIER: 013-321-706

3. In addition to the existing provisions of Squamish Lillooet Regional District Zoning Bylaw No. 765, 2002 (or any bylaw replacing Bylaw No. 765, 2002) the following uses are permitted:

a) Staging area for commercial heliski operations including fuel storage and vehicle parking.

4. Uses permitted under section 3(a) of this permit shall be subject to the following conditions: a) The staging area shall be used for not more than 30 days during the heliski season, December to April; b) Fuel storage on the property shall meet the standards specified in the Hazardous Waste Regulation (Environmental Protection Act) to provide protection from spills, vandalism, and fire hazard; c) On the date of expiry of the temporary use permit the temporary use area shall be free of fuel contamination and restored as nearly as may reasonably be possible to the same condition as it was on the commencement date of the permit; d) There shall be no parking of vehicles on Pemberton Portage Road adjacent to the staging area; e) The property gate and fuel tank shall be locked at all times; and,

SLRD Regular Board Agenda, September 29, 2008 Page 265 of 390 f) To the extent that flying conditions permit, the applicant undertakes to comply with the proposed flight paths (a copy of the map is attached hereto as Schedule B)

5. As a condition of the issuance of this Temporary Use Permit, the Regional District is holding security set out below to ensure that development is carried out in accordance with the terms and conditions of this Permit. Should any interest be earned upon the security, it shall accrue to the Permittee and be paid to the Permittee if the security is returned. The condition of posting of the security is that should the Permittee fail to carry out development hereby authorized according to the terms and conditions of this Temporary Use Permit, the Regional District may use the security to carry out the development permitted by this Temporary Use Permit. There is filed accordingly:

a) An Irrevocable Letter of Credit in the amount of $5,000.00.

6. The land described herein shall be developed in strict accordance with the terms and conditions and provisions of this Temporary Commercial Use Permit.

7. This Temporary Use Permit expires on ______.

8. Any application to amend this Temporary Commercial Use Permit shall be considered a new application.

9. This Temporary Commercial Use Permit is not a building permit.

AUTHORIZING RESOLUTION PASSED BY THE BOARD:

THIS DAY OF , 2008.

ISSUED:

THIS DAY OF , 2008.

Paul R. Edgington Chief Administrative Officer

SLRD Regular Board Agenda, September 29, 2008 Page 266 of 390 Schedule A: Areas Subject to Conditions of Permit

SLRD Regular Board Agenda, September 29, 2008 Page 267 of 390 Schedule B: Proposed Flight Paths

SLRD Regular Board Agenda, September 29, 2008 Page 268 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 269 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 270 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 271 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 272 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 273 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 274 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 275 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 276 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 277 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 278 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 279 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 280 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 281 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 282 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 283 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 284 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 285 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 286 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 287 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 288 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 289 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 290 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 291 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 292 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 293 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 294 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 295 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 296 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 297 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 298 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 299 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 300 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 301 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 302 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 303 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 304 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 305 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 306 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 307 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 308 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 309 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 310 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 311 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 312 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 313 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 314 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 315 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 316 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 317 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 318 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 319 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 320 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 321 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 322 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 323 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 324 of 390 Box 219, 1350 Aster Street, Pemberton, BC V0N 2L0 Ph. 604-894-6371, 800-298-7753 F: 604-894-6526 [email protected] www.slrd.bc.ca

Utilities & Environmental Services Monthly Report FOR THE PERIOD OF JULY 16, 2008 TO SEPTEMBER 14, 2008

Trails

CORRIDOR TRAILS PROJECT x Master plan will be presented to Board at October meeting. Ministry of Culture, Sports and the Arts are finishing up with the establishment of “high importance” trails. Once established, they will be added to the SLRD’s agreement and come under the management of the SLRD.

SEA TO SKY TRAIL x Contractors are completing construction documents. Received grants of $180,000 from Whistler Blackcomb Foundation and $500 from Great Explorations (Sea to Sky Trail Ride Guides). Committee has been working on the pros and cons of hiring a professional fundraiser.

AREA C/PEMBERTON TRAILS - x BC Hydro has approved bike park proposal. PVTA has agreed to allocate funding to pay for bike park design. Construction and eventual management of this amenity needs further discussion. x Agreements being drawn up for two farm properties along Valley Loop to allow for shared use of dykes. x Area C Master Plan mapping still being fine tuned for presentation to user groups.

Waste Management

BRITANNIA BEACH TRANSFER STATION x A Crown Land Tenure application has been completed for a parcel of land on the lower portion of Copper Drive to establish a transfer station.

LILLOOET LANDFILL x Fall water sampling has been completed.

PEMBERTON TRANSFER STATION x The transfer station is now accepting paint, flammables, pesticides and gasoline for recycling as part of the Product Care Program. In addition used oil, filters and oil containers can now be dropped off for recycling. x Re-Use it Centre

Members: District of Squamish, Resort Municipality of Whistler, Village of Pemberton, District SLRDof Lillooet Regular Board , Electoral Agenda, September Areas A, 29, B, 2008 C, and D, located within SchoolPage Districts 325 of 390 No. 48 and No. 74 –2 –

Wastewater Treatment

FURRY CREEK POLLUTION INCIDENT x Investigation of a foam slick in the Sound has been conducted in response to a resident’s concern. Results of the investigation indicate that the source is not from the treatment plant.

FURRY CREEK SEWER BLOCKAGE x Efforts were successful in locating services to the Furry Creek Golf Yard allowing repairs to proceed.

Water Systems

D’ARCY WATER IMPROVEMENTS x Transfer of documentation has been complete. x Establish of budget in progress. x Service contract agreements being set out for maintenance & operations.

FURRY CREEK WATER SYSTEM x Compiling work plans.

GOLD BRIDGE WATER IMPROVEMENTS x Design complete after Geotechnical investigators. x Budget reviews. x In referral stage.

PEMBERTON NORTH WATER SYSTEM x Parts for the Urdal water meter have been installed and a flow test will be conducted.

Other Projects

BUDGET REVIEW AND PLANNING BUILDING MAINTENANCE AND IMPROVEMENTS BRITANNIA BEACH COMMERCIAL DEVELOPMENT CAPITAL ASSETS INVENTORY ORGANIZATIONAL REVIEW/IMPROVEMENTS SLRD WEB PAGE IMPROVEMENTS TEMPORARY ENGINEERING POSITION TO BE FILLED

September 15, 2008

SLRD Regular Board Agenda, September 29, 2008 Page 326 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 327 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 328 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 329 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 330 of 390 To: Regional Board

From: Planning Department

September 16, 2008 REPORT Date:

Re: Planning Department Activity Report September, 2008

Electoral Area C OCP Review

The revised and updated Area C OCP received second reading in August and public hearings were scheduled for early October. Public hearing comments will be incorporated into the next draft, and the plan and supporting documentation will be brought forward for third reading at the October Board meeting.

Electoral Area B OCP Review

The first draft of the Electoral Area B OCP is nearing completion. Feedback from the open house is currently being incorporated into the documents, which will be submitted for first reading in October.

Green River Estates rezoning

The zoning amendment bylaw (No. 1036) was submitted in July to the Ministry of Community Development for approval. Adoption of the bylaw will take place following approval by the Ministry. (The Phased Development Agreement (No. 1079) does not require Ministry approval.)

Garibaldi at Squamish

The environmental assessment process has been reinitiated following receipt of additional information from the proponents. Staff will be attending follow-up meetings in late 2008. The Planning Director attended a meeting with GAS, District of Squamish and MoTSA representatives on September 18th to discuss the local government application processes and a collaboration between DoS and SLRD on a concurrent planning process.

Regional Growth Strategy

See separate September 2008 RGS Status report.

SLRD 2010 Venue Advisory Team

A meeting of a venue advisory team for the Whistler Olympic Park venue was held on September 15th at the regional district offices. The meeting was attended by the CAO, Director of Planning and

SLRD Regular Board Agenda, September 29, 2008 1 Page 331 of 390 Development and Building Clerk as well as a Garibaldi Fire Department representative, an RCMP representative and about 10 VANOC staff. VANOC reps provided an update on VANOC’s approach to Building Code and permitting processes, the sport event schedule for 2009 and special events permitting at the Callaghan site.

Porteau Cove

The Planning Director and Planning Consultant are currently working with MoT and Pacific Place Developments on subdivision approvals and marketing issues relating to requirements for early issuance of development permits. The next meeting is scheduled for September 24th.

AAC

No AAC meetings were held in August. A meeting is planned for late September to discuss a new Agricultural Land Commission application from Live Nation for non-farm use at the Raven’s Crest property (Pemberton Festival).

Trails and Farming

On August 19, 2008 planning staff, the open space coordinator, and the Area C Director met with the Agricultural Land Commission, Ministry of Forests and Range personnel and two farm owners adjacent to the Valley Loop Trail. The purpose of the meeting was to resolve a number of issues arising from use of the trail. An agreement whereby the SLRD would provide financial assistance for dog-proof fencing and the public would continue to use the trails.

Coast Range Heliskiing Temporary Use Permit

On August 28, 2008 the planner and Area C Director met with Coast Range Heliskiing to discuss heliski staging areas in the Mount Currie- D’Arcy Corridor. A permit to cut has been refused on the Crown land above Poole Creek that was rezoned in February 2008 to accommodate a staging area. Coast Range Heliskiing has indicated that temporary use permit will be submitted for permission to continue operating from the site on the valley bottom at Poole Creek.

Makin Lands

On September 17, 2008 planning staff and the Director of Utilities participated in a workshop at the SLRD office with representatives of Folio Architecture to provide feedback on the pending OCP and zoning amendment applications.

Planning Technician

Kevin Creery, Planning Technician has accepted a new position of Planning Analyst with the Planning Department of the RMOW. This position is a significant advancement for Kevin in his career and we wish him all the best in his new role with Whistler.

SLRD Regular Board Agenda, September 29, 2008 2 Page 332 of 390 To: Regional Board

From: Lisa Griffith, Community Planner

Date: September 16, 2008

Re: Regional Growth Strategy Status Report REPORT

Recommendation:

THAT the September 2008 RGS Status report be received by the Board.

Who Votes: All; Count: Directors; Decision: Majority

Administrator’s Comments: I concur. P.R.E.

1. Referral of Bylaw No. 1062, 2008 (A Bylaw to Adopt a Regional Growth Strategy for the SLRD)

The following table summarizes the status of approvals to date. New information shown in bold italics:

AFFECTED LOCAL GOV’T STATUS OF APPROVALS RECEIVED District of Squamish No acceptance yet. Deferred until October.

Resort Municipality of Whistler Accepted, September 15, 2008.

Village of Pemberton Accepted, September 16, 2008

District of Lillooet Received September 15, 2008. Modest wording changes being recommended by CAO, will be addressed in early October.

Thompson-Nicola Regional District Accepted, July 24, 2008

Metro Vancouver (formerly Greater Vancouver Recommendation of acceptance by the Metro Regional District) Vancouver Land Use and Transportation Committee. Will be considered by Metro Vancouver Board on September 19, 2008.

Sunshine Coast Regional District Accepted, September 11, 2008

Fraser Valley Regional District Recommendation of acceptance by Electoral Area Services Committee. Will be considered by FVRD Board on September 30, 2008

SLRD Regular Board Agenda, September 29, 2008 Page 333 of 390 - 2 -

Powell River Regional District Accepted, August 28, 2008

Strathcona Regional District Accepted, August 28, 2008

Cariboo Regional District Accepted, August 29, 2008

2. Amendents to the document

It has come to our attention that a few minor text changes may be necessary to gain acceptance from certain affected local governments. These changes involve minor re-wordings to add clarification in areas around the amendment process and other issues. Employment projections also need to be added to the RGS as per the requirements of the Local Government Act. Staff advise that minor changes of this nature can be accommodated following third reading of the bylaw. Staff will record and compile a full list of future edits and will seek to clean up the document and bring it back to the Board prior to adoption.

3. RGS Sub-regional components

Lillooet and Area Economic Opportunities Study – This study is now in the final stages of completion. The Base Case [SWOT analysis] and a final Opportunities Assessment with recommendations will be presented next month. Staff will endeavour to consult with the participants of the study to gain feedback and support for the consultant’s recommendations before the recommendations and an action plan are presented to the Board.

5. Work-Plan / Consultation Activities

RGS Work Programme – Summer 2008 Amended Sept. 16, 2008

Task 2008 Work Status Schedule* 1 Present draft to the Board for first reading & second June 23 completed reading 2 4 Public Open Houses (1 in each member municipality) July 8 - 15 completed 3 Acceptance of the RGS by affected local Early July – ongoing governments (after max. 120 Referral Period) early Nov (120 days from receipt of the RGS) 4 Formal Resolution of anticipated objections / or TBD resolution of refusal to accept (if necessary) 5 Third Reading TBD 6 Adoption TBD Sincerely, Lisa Griffith, Community Planner

SLRD Regular Board Agenda, September 29, 2008 Page 334 of 390 To: SLRD CAO, Paul Edgington

From: Peter DeJong, Research and Policy Analysis

REPORT Date: September 19, 2008

Re: 9-1-1 North Update

Recommendation: THAT the Board receive this Report for informational purposes.

Administrator’s Comments: N/A

Purpose: To update the Board on progress with the implementation of 9-1-1 service for Areas A and B and the District of Lillooet.

Background: Staff have now virtually completed the MSAG (Master Street Address Guide) work for Electoral Areas A and B, subject to any minor amendments that may be required. Updating of our Civic Address Database has been progressing through the work of our Planning Technician, who has set up an automated update process with ICIS, and coordinated the usage of that data with staff at the Kamloops Fire Centre. This mapping information has also been sent to the RCMP primary call answer centre in Kelowna. However, completion of the balance of updating to the database will have to be farmed out to a GIS consultant as our Planning Tech has departed for supposedly greener pastures.

Staff are also working out the incremental costs for each First Nation to join in to the 9-1-1 system and expect to complete the consultation and agreement process by the end of October.

October will also see the purchase and installation of any communications interconnect equipment required so that testing of the system can commence in November with a planned “live” date of December 1, 2008. It is also our understanding that network reconfiguration work required to be done by Telus has been substantially completed.

Implications: N/A General: Board Policy: Legal: Financial:

Key Issues/Concepts: 9-1-1 North Informational Update

Desired Outcomes/Action Required: N/A

SLRD Regular Board Agenda, September 29, 2008 1 Page 335 of 390 Supporting Documents: N/A

SLRD Regular Board Agenda, September 29, 2008 2 Page 336 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 337 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 338 of 390 Pemberton Valley Trails Association working to create and maintain an interconnected network of multi-use trails and greenspaces

Pemberton Valley Trails Association P.O. Box 282 Pemberton, BC V0N 2L0 www.pembertontrails.ca 22 September 2008

Russ Oakley Chair, Board of Directors Squamish-Lillooet Regional District P.O. Box 219, 1350 Aster Street Pemberton, BC V0N 2L0 Tel. 604-894-6371 Fax 604 894-6526

Dear Mr Oakley,

RE: Valley Loop landowner negotiations—conditional support

We have been following the recent discussions between the SLRD, ALC, MoFR, and landowners, prompted by opposition by landowners to legitimate public use of Crown Dyke Reserve lands. Although the PVTA was not invited to these discussions, we feel we must comment. We have been working hard for more than six years to establish this trail, as mandated in the SLRD Area C OCP Amendment Bylaw no. 734, and to ensure that the public has the right to unimpeded access to Crown land where this does not interfere with legitimate (i.e. tenured) farm operations.

At our last meeting on 10 September 2008 we passed a motion as follows: MOTION: That the PVTA will support a compromise resolution with the adjacent landowners regarding use of the Crown Dyke Reserve for public-use trails, with the following conditions: x Any fencing provided by the SLRD will be erected only on the inside toe of the dyke; x Issues of fence ownership and maintenance must be resolved; x Where grazing is allowed on the dyke, cattle guards are to be used rather than gates; x The annual grazing time must be no more than 15 continuous days at the same time every year, and permanent signage must be used to inform the public of this annual grazing; x The SLRD secures a legal right-of-way in perpetuity between the dyke and Clover Road (north end), and obtains “established” status (as defined by MoTSA) for the complete Valley Loop Trail, as mandated in the Area C OCP Amendment Bylaw no. 734. (Rod/Hillary)—carried.

Of course, the Crown Dyke Reserve must remain accessible to the public during the grazing time.

For your reference, I have attached our policy statement of 29 June 2007 regarding the establishment of public trails in agricultural areas.

Pemberton Valley Trails Association – P.O. Box 282, Pemberton, BC V0N 2L0 – www.pembertontrails.ca

SLRD Regular BoardPage Agenda, 1 of 2September 29, 2008 Page 339 of 390 Pemberton Valley Trails Association working to create and maintain an interconnected network of multi-use trails and greenspaces We strongly encourage you to do all in your power to ensure that all parties in this negotiation use logic, reason, and good judgement to come to a resolution which respects the rights of both the public and the adjacent landowners.

I expect that the PVTA will be informed promptly of any decision arising from these discussions.

Sincerely,

Sean Wolfe Secretary, PVTA 604-894-6940

Encl: “Policy proposal to assist with support of agriculture in trails areas”, PVTA, 29 June 2007

Cc: Hillary Downing, Chair, PVTA Susie Gimse, SLRD Area C Director ([email protected]) Erik Karlsen, ALC ([email protected]) Dave Hails, MoFR ([email protected]) Vicki Haberl, MoE ([email protected]) Jordan Sturdy, Mayor, VoP

Pemberton Valley Trails Association – P.O. Box 282, Pemberton, BC V0N 2L0 – www.pembertontrails.ca

SLRD Regular BoardPage Agenda, 2 of 2September 29, 2008 Page 340 of 390 Pemberton Valley Trails Association working to create and maintain an interconnected network of multi-use trails and greenspaces

29 June 2007

Policy proposal to assist with support of agriculture in trails areas.

The Pemberton Valley Trails Association supports the rights of the agricultural community and recognizes the importance of farming to both the history of this area and our future. We all need to eat, and as the rest of the world moves towards larger and more corporate farms our opportunity here is for more local, more healthy and a more sustainable farming future.

At the same time there is a growing population and a growing tourist industry that is equally important to the future of this region. People are attracted to live and recreate here due to the many and varied outdoor opportunities that include hiking, horse riding, mountain biking and even just an evening stroll with the family.

There are very few areas of publicly accessible land on the valley bottom floor and as the mountains rise directly up from the edge of the valley, most of the public land is more steep and rugged than many can enjoy.

The Valley Loop trail proposal was born out of this need to establish both a connector trail to allow access to lands beyond and destinations in the valley; as well as a flat destination route for people interested in that level of exercise.

SLRD Bylaw 734 in 2002 amended the Official Community Plan and established this trail as part of the commuter and recreational fabric of the Pemberton area.

There are many other areas in the Province where similar trails coexist happily with farms. The Ministry of Agriculture brochure ‘Trails Through Agriculture areas’ outlines many ways that this can work and in fact the PVTA invited one of the proponents of this brochure to talk in Pemberton recently, and there was a good turnout of interested people from all points of view,

The PVTA suggests that our position to both support farming and to allow public recreation on public land in the ALR is as follows:

1. We recognize and support the rights and needs of private property owners and farmers to farm.

2. Where public land may be used for agriculture purposes there could be a dog-proof fence constructed to separate the farm and recreationalists, and that the fence may not be

Pemberton Valley Trails Association – www.pembertontrails.ca Page 1 of 2 SLRD RegularFile: Board L:\Administration\Board\Agendas\2008\ Agenda, September 29, 200809\RRM\PVTA-TrailsAgriculture-policy-2007-6-29.doc Page 341 of 390 Pemberton Valley Trails Association working to create and maintain an interconnected network of multi-use trails and greenspaces entirely at the expense of the farmer. The PVTA may offer volunteer labour to assist with fencing.

3. In areas where the public trail is on a dyke the fence should be on the toe of the dyke. This would serve to protect the trail surface from grazing animals and to minimize undesirable encounters between animals and trails users. The dyke is an ideal flat, hard- surfaced, year-round useable area for a wide range of users from babies in strollers to seniors on bicycles. If some of the grazing land is on the other side of the dyke then there must be a means of ensuring that the animals and public are both protected. Two suggestions are – a) above grade cattle guards, and b) temporary gates installed for the short time needed for the animals to cross. If grazing on the far side of the dyke is economically viable then there may be a need for another fence to separate and protect the two uses.

4. As outlined in the ministry brochure there needs to be signage encouraging responsible use, plus facilities for garbage and dog waste removal.

5. The PVTA believes that use of trails in agricultural areas by motorized off-road vehicles (ORV’s) is incompatible with all other uses, and supports restrictions on ORV use as added protection for farms and farmers.

These basic points clarify the position of the PVTA on land use issues, particular to Valley bottom trails, that will come before us for comment.

Pemberton Valley Trails Association – www.pembertontrails.ca Page 2 of 2 SLRD RegularFile: Board L:\Administration\Board\Agendas\2008\ Agenda, September 29, 200809\RRM\PVTA-TrailsAgriculture-policy-2007-6-29.doc Page 342 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 343 of 390 SLRD Regular Board Agenda, September 29, 2008 Page 344 of 390 SLRD Regular Meeting Minutes August 25, 2008; 10:30 AM Gold Bridge Community Hall 699 Gun Lake Road West, Gold Bridge BC

In Attendance:

Board: R. Oakley (Chair); M. Macri (Area B); J. Sturdy (Pemberton); S. Gimse (Area C); M. Lampman (Alternate, Lillooet); N. Bastien (Alternate, Area D); E. Zeidler (Alternate, Whistler)

Staff: P. Edgington, CAO; S. Olmstead, Director of Planning; J. Cheshuk, Director of Environmental Services; S. Cheng, Recording Secretary

Others: 19 members of the public

1 Call to Order

The meeting was called to order at 10: 30 AM.

2 Approval of Agenda

Alternate Director N. Bastien joined meeting at 10:32 AM

The following were added to the Agenda:

3.1 PVUS recommendation for Old Pemberton Community Centre 12.2 Strategic Directions Initiative 12.3 Pemberton Valley loop Trail Report 12.4 SLRD South 911 Emergency Call Response Service 13.1 Director Sturdy’s Report – Village of Pemberton Boundary Expansion

It was moved and seconded:

THAT the agenda be approved as amended. CARRIED

Alternate Director Zeidler joined the meeting at 10:33 AM.

3 Committee Reports and Recommendations

3.1 Pemberton Valley Utilities and Services Recommendations of July 15, 2008

1. School District No. 48 – Lease of old Pemberton Secondary School

SLRD Regular Board Agenda, September 29, 2008 Page 345 of 390 This is page 2 of the minutes of a Regular Meeting of the Squamish-Lillooet Regional District Board, held on August 25, 2008 at the Gold Bridge Community Hall, 699 Gun Lake Road, W, Gold Bridge BC.

It was moved and seconded:

THAT the lease of the Old Pemberton Secondary School be redrafted to include the ongoing lease of playing fields and occupancy of the building until October 31, 2008. CARRIED 2. Canada Day

It was moved and seconded:

THAT the Pemberton Community Centre Staff and Volunteers be thanked for their efforts on Canada Day and a job well done.

CARRIED 3. Seniors Society

It was moved and seconded:

THAT the Seniors Society be advised that they identify the specific amount of funding being requested. CARRIED

4. Old Pemberton Community Centre

It was moved and seconded:

THAT up to $10,000 for a feasibility study on the retention of the old Pemberton Community Centre gym and the use of the building be authorized.

CARRIED

It was moved and seconded:

THAT Staff enter into discussions with School District No. 48 regarding options to keeping the Old Pemberton Community Centre open;

AND THAT a RFP be authorized for the operation of the old Pemberton Community Centre facility

CARRIED

SLRD Regular Board Agenda, September 29, 2008 Page 346 of 390 This is page 3 of the minutes of a Regular Meeting of the Squamish-Lillooet Regional District Board, held on August 25, 2008 at the Gold Bridge Community Hall, 699 Gun Lake Road, W, Gold Bridge BC.

4 Bylaws

4.1.1 Bylaw 1043 – D’Arcy Water Service Loan Authorization Bylaw No. 1043- 2007

It was moved and seconded:

THAT the November 26, 2007 resolution adopting Bylaw 1043 be rescinded.

CARRIED

It was moved and seconded:

THAT Bylaw No. 1043, cited as “D’Arcy Water Service Loan Authorization Bylaw No. 1043 – 2007” be adopted.

CARRIED

4.1.2 Bylaw 1077 – Electoral Area C Official Community Plan Bylaw No. 689, 1999, Amendment Bylaw No. 1077, 2008; OCP Amendment of Rutherford Creek Industrial Area; Electoral Area C

It was moved and seconded:

THAT Bylaw No. 1077, cited as ‘Electoral Area C Official Community Plan Bylaw No. 689, 1999, Amendment Bylaw No. 1077, 2008’ be read a second time. CARRIED

It was moved and seconded:

1. THAT the Board of the Squamish Lillooet Regional District delegate the holding of a public hearing to Electoral Area ‘C’ Director Susan Gimse, with Director Jordan Sturdy as alternate delegate pursuant to Section 891 of the Local Government Act, for the consideration of ‘Electoral Area C Official Community Plan Bylaw No. 689, 1999, Amendment Bylaw No. 1077, 2008’.

2. THAT the public hearing for consideration of Bylaw No. 1077, 2008 be held at 7 PM on Monday October 6, 2008 at the SLRD boardroom, 1350 Aster Street, Pemberton, BC.

CARRIED

SLRD Regular Board Agenda, September 29, 2008 Page 347 of 390 This is page 4 of the minutes of a Regular Meeting of the Squamish-Lillooet Regional District Board, held on August 25, 2008 at the Gold Bridge Community Hall, 699 Gun Lake Road, W, Gold Bridge BC.

4.1.3 Bylaw 1070 – Squamish - Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2003, Amendment Bylaw No. 1070, 2008; Rezoning of Rutherford Creek Industrial Area; Electoral Area C

It was moved and seconded:

THAT Bylaw No. 1070, cited as ‘Squamish Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002, Amendment Bylaw No. 1070, 2008’ be read a second time as amended. CARRIED

It was moved and seconded:

THAT the Board of the Squamish Lillooet Regional District delegate the holding of a public hearing to Electoral Area ‘C’ Director Susan Gimse, with Director Jordan Sturdy as alternate delegate pursuant to Section 891 of the Local Government Act, for the consideration of ‘Squamish Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002, Amendment Bylaw No. 1070, 2008’.

THAT the public hearing for consideration of Bylaw No. 1070, 2008 be held at 7 PM on Monday October 6, 2008 at the SLRD boardroom, 1350 Aster Street, Pemberton, BC. CARRIED

4.1.4 Bylaw 1074 – Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1074, 2008 – Application for rezoning: DL 587 LLD; Bralorne; Electoral Area A

It was moved and seconded:

THAT Bylaw No. 1074, cited as ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1074, 2008’ be read a second time. CARRIED

It was moved and seconded:

1. THAT the Board of the Squamish Lillooet Regional District delegate the holding of a public hearing to Electoral Area ‘A’ Director Russ Oakley, with Director Mickey Macri as alternate delegate pursuant to Section 891 of the Local Government Act, for the consideration of ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1074, 2008’.

SLRD Regular Board Agenda, September 29, 2008 Page 348 of 390 This is page 5 of the minutes of a Regular Meeting of the Squamish-Lillooet Regional District Board, held on August 25, 2008 at the Gold Bridge Community Hall, 699 Gun Lake Road, W, Gold Bridge BC.

2. THAT the public hearing for consideration of Bylaw No. 1074, 2008 be held at 7 PM on Wednesday, September 10, 2008 at the Gold Bridge Community Centre, Gold Bridge BC.

CARRIED

4.1.5 Bylaw 1085 – Squamish Lillooet Regional District Zoning Bylaw No. 540, 1994, Amendment Bylaw No.1085, 2008 (Britannia Historic concentrator site); Application for Rezoning; Britannia Beach Historical Society; Britannia Beach; Electoral Area D

It was moved and seconded:

THAT Bylaw No. 1085, cited “Squamish Lillooet Regional District Zoning Bylaw No. 540, 1994, Amendment Bylaw No.1085, 2008 (Britannia Historic concentrator site)” be read a second time.

CARRIED

It was moved and seconded:

1. THAT the Board of the Squamish-Lillooet Regional District delegate the holding of a public hearing for consideration of Bylaw No. 1085 to SLRD Director Nelson Bastien with Director Ian Sutherland as alternate, pursuant to Section 891 of the Local Government Act.

2. THAT the public hearing for consideration of Bylaw No. 1085 be held at 7 PM on Thursday, September 18, 2008 at the Britannia Beach Community Centre, Britannia Beach, to be held concurrently with two other Britannia Beach area public hearings, subject to receipt of the traffic impact study (which should address trip generation, vehicle and bus parking, turning movements) prior to August 21st, 2008.

3. THAT the Board of the SLRD require that the applicant provide an assurance statement from an engineering professional registered with the Association of Professional Engineers and Geoscientists of BC stating that the subject land may be used safely for the use intended prior to adoption of the subject bylaw.

CARRIED

4.1.6 Bylaw 1087 – Squamish Lillooet Regional District Zoning Bylaw No. 540, 1994, Amendment Bylaw No.1087, 2008; Application for Rezoning; Britannia Plateau Development Ltd.; Britannia Beach; Electoral Area D

SLRD Regular Board Agenda, September 29, 2008 Page 349 of 390 This is page 6 of the minutes of a Regular Meeting of the Squamish-Lillooet Regional District Board, held on August 25, 2008 at the Gold Bridge Community Hall, 699 Gun Lake Road, W, Gold Bridge BC.

It was moved and seconded:

THAT Bylaw No.1087, cited as “Squamish Lillooet Regional District Zoning Bylaw No. 540, 1994, Amendment Bylaw No.1087, 2008” be read a second time. CARRIED

It was moved and seconded:

1. THAT prior to the final adoption of bylaw 1087, covenants shall be provided to the SLRD ensuring no further subdivision will be allowed on the subject land.

2. THAT the Board of the Squamish-Lillooet Regional District delegate the holding of a public hearing for consideration of Bylaw No. 1087 to SLRD Director Nelson Bastien with Director Ian Sutherland as alternate, pursuant to Section 891 of the Local Government Act.

3. THAT the public hearing for consideration of Bylaws No. 1087 be held at 7 PM on Thursday, September 18, 2008 at the Britannia Beach Community Centre, Britannia Beach, to be held concurrently with two other Britannia Beach area public hearings.

CARRIED

4.1.7 Bylaw 1088 – Area D OCP Bylaw No. 495 (Howe Sound East Sub-Area Plan) Amendment Bylaw No. 1088, 2008 (Britannia Townsite); Application for OCP Amendment, Britannia Beach, Electoral Area D

It was moved and seconded:

THAT Bylaw No. 1088, cited as “Area D OCP Bylaw No. 495 (Howe Sound East Sub-Area Plan) Amendment Bylaw No. 1088, 2008 (Britannia Townsite)” be read a second time.

CARRIED

It was moved and seconded:

1. THAT the Board of the Squamish-Lillooet Regional District delegate the holding of a public hearing for consideration of Bylaw No. 1088 to Alternate Director Nelson Bastien with Director Ian Sutherland as alternate, pursuant to Section 891 of the Local Government Act.

SLRD Regular Board Agenda, September 29, 2008 Page 350 of 390 This is page 7 of the minutes of a Regular Meeting of the Squamish-Lillooet Regional District Board, held on August 25, 2008 at the Gold Bridge Community Hall, 699 Gun Lake Road, W, Gold Bridge BC.

2. THAT the public hearing for consideration of Bylaws No. 1088 be held at 7 PM on Thursday, September 18, 2008 at the Britannia Beach Community Centre, Britannia Beach, to be held concurrently with two other Britannia Beach area public hearings, subject to receipt of the traffic impact study (which should address trip generation, vehicle and bus parking, turning movements) prior to August 21st, 2008.

3. THAT the Board of the SLRD require that the applicant provide an assurance statement from an engineering professional registered with the Association of Professional Engineers and Geoscientists of BC stating that the subject land may be used safely for the use intended prior to adoption of the subject bylaw.

4. THAT the Board of the SLRD require that an appropriate legal structure is put in place to secure the sequencing and transfer of the community centre, fire hall property and ball fields to the SLRD, prior to adoption of the subject bylaw. CARRIED

4.1.8 Bylaw 1089 – Squamish Lillooet Regional District Zoning Bylaw No. 540, 1994, Amendment Bylaw No. 1089, 2008 (Britannia Townsite); Application for Rezoning; Britannia Beach, Electoral Area D

It was moved and seconded:

THAT Bylaw No. 1089, cited as “Squamish Lillooet Regional District Zoning Bylaw No. 540, 1994, Amendment Bylaw No. 1089, 2008 (Britannia Townsite)” be read a second time.

CARRIED

It was moved and seconded:

1. THAT the Board of the Squamish-Lillooet Regional District delegate the holding of a public hearing for consideration of Bylaw No. 1089 to Alternate Director Nelson Bastien with Director Ian Sutherland as alternate, pursuant to Section 891 of the Local Government Act.

2. THAT the public hearing for consideration of Bylaws No. 1089 be held at 7 PM on Thursday, September 18, 2008 at the Britannia Beach Community Centre, Britannia Beach, to be held concurrently with two other Britannia Beach area public hearings, subject to receipt of the traffic impact study (which should address trip generation, vehicle and bus parking, turning movements) prior to August 21st, 2008.

SLRD Regular Board Agenda, September 29, 2008 Page 351 of 390 This is page 8 of the minutes of a Regular Meeting of the Squamish-Lillooet Regional District Board, held on August 25, 2008 at the Gold Bridge Community Hall, 699 Gun Lake Road, W, Gold Bridge BC.

3. THAT the Board of the SLRD require that the applicant provide an assurance statement from an engineering professional registered with the Association of Professional Engineers and Geoscientists of BC stating that the subject land may be used safely for the use intended prior to adoption of the subject bylaw.

4. THAT the Board of the SLRD require that an appropriate legal structure is put in place to secure the sequencing and transfer of the community centre, fire hall property and ball fields to the SLRD, prior to adoption of the subject bylaw.

CARRIED

4.1.9 Bylaw 1092 – Squamish Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002, Amendment Bylaw No. 1092, 2008; Application for rezoning: DL 1545, Lot 2 (Poole Creek); Electoral Area C

It was moved and seconded:

THAT Bylaw No. 1092, cited as ‘Squamish Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002, Amendment Bylaw No. 1092, 2008’ be read a second time. CARRIED

It was moved and seconded:

1. THAT the Board of the Squamish Lillooet Regional District delegate the holding of a public hearing to Electoral Area ‘C’ Director Susan Gimse, with Director Jordan Sturdy as alternate delegate pursuant to Section 891 of the Local Government Act, for the consideration of ‘Squamish Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002, Amendment Bylaw No. 1092, 2008’

2. THAT the public hearing for consideration of Bylaw No. 1092, 2008 be held at 7 PM on Wednesday October 8, 2008 at the Blackwater Creek Elementary school. CARRIED

4.1.10 Bylaw 1097 – SLRD Security Issuing Bylaw No. 1097-2008 (D’Arcy Water System)

It was moved and seconded:

THAT the June 23, 2008 resolution adopting Bylaw 1097 be rescinded.

SLRD Regular Board Agenda, September 29, 2008 Page 352 of 390 This is page 9 of the minutes of a Regular Meeting of the Squamish-Lillooet Regional District Board, held on August 25, 2008 at the Gold Bridge Community Hall, 699 Gun Lake Road, W, Gold Bridge BC.

CARRIED

It was moved and seconded:

THAT Bylaw 1097, cited as “SLRD Security Issuing Bylaw No. 1097-2008 (D’Arcy Water System)” be adopted. CARRIED

4.1.11 Bylaw 1101 – SLRD Rezoning Schedule of Fees Bylaw No. 1101 – 2008; Rezoning Application Fees

It was moved and seconded:

THAT By-law No. 1101, cited as “SLRD Rezoning Schedule of Fees Bylaw No. 1101 - 2008 be introduced and read a first time.

CARRIED

It was moved and seconded:

THAT Schedule A of Bylaw 1101 be amended by changing the cost from $2000 to $1300 in sections 1.1 and 2.1.

CARRIED

It was moved and seconded:

THAT By-law No. 1101, cited as “SLRD Rezoning Schedule of Fees Bylaw No. 1101 - 2008 be read a 2nd and 3rd time as amended.

CARRIED

It was moved and seconded:

THAT Bylaw No. 1101, cited as “SLRD Rezoning Schedule of Fees Bylaw No. 1101 – 2008” be adopted.

CARRIED

4.1.12 Bylaw 1105 – SLRD Security Issuing Bylaw No. 1105-2008 (District of Squamish)

It was moved and seconded:

SLRD Regular Board Agenda, September 29, 2008 Page 353 of 390 This is page 10 of the minutes of a Regular Meeting of the Squamish-Lillooet Regional District Board, held on August 25, 2008 at the Gold Bridge Community Hall, 699 Gun Lake Road, W, Gold Bridge BC.

THAT Bylaw 1105 – 2008, cited as “SLRD Security Issuing Bylaw No. 1105- 2008 (District of Squamish) be introduced and read a first, second, and third time. CARRIED

It was moved and seconded:

THAT Bylaw 1105 – 2008, cited as “SLRD Security Issuing Bylaw No. 1105- 2008 (District of Squamish) be adopted.

CARRIED

5 Staff Reports and Other Business

5.1.1 Planning Technician – Development Variance Permit #73 for James Grubisic: Lot 2, DL 177, Plan 34469, LLD; 8826 Pemberton Meadows Road, Electoral Area C It was moved and seconded:

THAT Development Variance Permit #73 to reduce the watercourse setback for the single family dwelling from 30 metres to 22.80 metres on Lot 2, District Lot 177, Plan 34469, Lillooet District under section 4.13(b) of Zoning Bylaw No. 765-2002, be approved and a Development Variance Permit be issued. CARRIED

5.1.2 Strategy Planner – Application for a Temporary Use Permit #12; Canadian Snowmobile Adventures Ltd.; Callaghan Valley; Electoral Area D It was moved and seconded:

THAT the SLRD Board approve and authorize issuance of Temporary Use Permit #12 for a period of 2 years.

CARRIED

5.1.3 Strategy Planner – Application for a Temporary Use Permit #13; Pacific Place Developments Corp.; Porteau Cove; Electoral Area D

It was moved and seconded:

THAT pursuant to section 921 of the Local Government Act the SLRD

SLRD Regular Board Agenda, September 29, 2008 Page 354 of 390 This is page 11 of the minutes of a Regular Meeting of the Squamish-Lillooet Regional District Board, held on August 25, 2008 at the Gold Bridge Community Hall, 699 Gun Lake Road, W, Gold Bridge BC.

Regional Board give notice that it will consider issuance of Temporary Use Permit #13 for a 2 year term at the September 29, 2008 Board meeting.

CARRIED

5.1.4 Community Planner – District of Lillooet “Draft” Official Community Plan Referral

It was moved and seconded:

1. THAT the referral for District of Lillooet ‘Draft’ Official Community Plan be received.

2. THAT the District of Lillooet be advised that the SLRD is of the opinion that the District of Lillooet “Draft” Official Community Plan is consistent with the Regional Growth Strategy as at first and second reading.

3. THAT the SLRD commend the District of Lillooet for its commitment toward sustainable urban growth within the District of Lillooet boundaries.

4. THAT the staff report dated August 12, 2008 be forwarded to the District of Lillooet. CARRIED

5.1.5 Community Planner – Regional Growth Strategy Status Report

It was moved and seconded:

THAT the August 2008 Regional Growth Strategy Status Report be received.

CARRIED

5.1.6 Building Clerk - Monthly Building Report

It was moved and seconded:

THAT the July 2008 Monthly Building report be received.

CARRIED

5.1.7 Research Policy Analyst – Northern 911 Update

It was moved and seconded:

SLRD Regular Board Agenda, September 29, 2008 Page 355 of 390 This is page 12 of the minutes of a Regular Meeting of the Squamish-Lillooet Regional District Board, held on August 25, 2008 at the Gold Bridge Community Hall, 699 Gun Lake Road, W, Gold Bridge BC.

THAT the August 18, 2008 Northern 911 Update report be received.

CARRIED

5.1.8 Planning Department Activity Report

It was moved and seconded:

THAT the June, July, August 2008 Planning Department Activity report be received. CARRIED

5.1.9 Finance Department Activity Report

It was moved and seconded:

THAT the Finance Department Activity report be received.

CARRIED

5.1.10 September Board Meeting Venue Change

It was moved and seconded:

THAT the September 29, 2008 Regular Board meeting convene at the New Pemberton Community Centre. CARRIED

Recessed at 12 Noon and reconvened at 1:00 PM.

6 Correspondence Requesting Action

6.1 Ministry of Transportation – Risk Assessment for Road 40 and Hurley Forest Service Road

It was moved and seconded:

THAT the Ministry of Transportation correspondence regarding Risk Assessment for Road 40 and the Hurley Forest Service Road be received.

CARRIED

SLRD Regular Board Agenda, September 29, 2008 Page 356 of 390 This is page 13 of the minutes of a Regular Meeting of the Squamish-Lillooet Regional District Board, held on August 25, 2008 at the Gold Bridge Community Hall, 699 Gun Lake Road, W, Gold Bridge BC.

6.2 Lower Mainland Treaty Advisory Committee – 2009 SLRD Funding Contribution

It was moved and seconded:

THAT provisions be included in the 2009 Financial Plan for Lower Mainland Treaty Advisory Committee (LMTAC) contribution.

CARRIED

6.3 Pemberton Rotary Club – Funding Request

It was moved and seconded:

THAT the Pemberton Rotary Club’s letter requesting funding for the Inukshuck be referred to the Pemberton Valley Utilities and Services committee.

CARRIED

6.4 Minto Communications Society – Request for Funding

Item 6.4 was deferred till after item 10.2.

7 Confirmation and Receipt of Minutes

7.1 Regular Board Meeting Minutes – July 28, 2008

It was moved and seconded:

THAT the July 28, 2008 Regular Board Meeting minutes be confirmed as circulated. CARRIED

8 Business Arising from the Minutes

9 Consent Items – Correspondence for Information

9.1 Whistler Blackcomb Foundation – Funding for Sea to Sky Trail

It was moved and seconded:

THAT items 9.1 to 9.10 be received for information.

CARRIED

SLRD Regular Board Agenda, September 29, 2008 Page 357 of 390 This is page 14 of the minutes of a Regular Meeting of the Squamish-Lillooet Regional District Board, held on August 25, 2008 at the Gold Bridge Community Hall, 699 Gun Lake Road, W, Gold Bridge BC.

9.2 Lil’wat Nation – Village of Pemberton Boundary Expansion

9.3 Ministry of Community Development – Grant for D’Arcy Waterworks District

9.4 BC Utilities Commission – BC Hydro Issue of November 15, 2007 Gold Bridge Power Surge

9.5 Ministry of Community Development – Appointment of Minister

9.6 Department of Canadian Heritage – Funding Opportunities

9.7 Pemberton Canoe Association – Letter of Thank-you

9.8 Resort Municipality of Whistler – RGS Response

9.9 Sunshine Coast Regional District – RGS Response

9.10 Thompson-Nicola Regional District – RGS Response

10 Delegations and Petitions

10.1 Harry Lali, MLA Yale - Lillooet

Mr. Lali gave an update of his activities for his constituents.

10.2 Peter Dartana, - Minto Communications Society

Mr. Dartana gave an overview of the Minto Communications Society.

Director Macri left the meeting at 1:49 PM. Director Macri returned to the meeting at 1:54 PM.

6.4 Minto Communications Society – Request for Funding

It was moved and seconded:

THAT $5000 from Area A Select Funds be authorized to the Minto Communications Society and $5000 per additional community as the high speed wireless internet is implemented, up to $25 000.

CARRIED

11 Decision on Late Business

It was moved and seconded:

SLRD Regular Board Agenda, September 29, 2008 Page 358 of 390 This is page 15 of the minutes of a Regular Meeting of the Squamish-Lillooet Regional District Board, held on August 25, 2008 at the Gold Bridge Community Hall, 699 Gun Lake Road, W, Gold Bridge BC.

THAT the late items be considered at this meeting.

CARRIED

12 Late Business

12.1 Bylaw 1008 – Electoral Area C OCP Amendment Bylaw 1008 – Consideration of 2nd reading and Scheduling of Public Hearing

It was moved and seconded:

THAT local government and provincial agency comments regarding Electoral Area C Official Community Plan Bylaw No. 689, Amendment Bylaw No. 1008, 2008 be received. CARRIED

It was moved and seconded:

THAT Bylaw No. 1008 be amended in accordance with the revised bylaw attached hereto and as summarized in Appendix 1 to the Director of Planning and Development report of August 20, 2008.

CARRIED

It was moved and seconded:

THAT Bylaw No. 1008, 2008, cited as ‘Electoral Area C Official Community Plan Bylaw No. 689, Amendment Bylaw No. 1008, 2008’ as amended be read a second time. CARRIED

It was moved and seconded:

1. THAT the Board of the Squamish Lillooet Regional District delegate the holding of a public hearing to Electoral Area ‘C’ Director Susan Gimse, with Director Jordan Sturdy as alternate delegate pursuant to Section 891 of the Local Government Act, for the consideration of ‘Electoral Area C Official Community Plan Bylaw No. 689, Amendment Bylaw No. 1008, 2008’.

2. THAT the public hearing for consideration of Bylaw No. 1008, 2008 be held at 7 PM on Monday, October 6, 2008 at the SLRD boardroom, 1350 Aster Street, Pemberton, BC and Wednesday October 8, 2008 at Blackwater Creek Elementary School, 9667 Portage Road, Devine BC.

SLRD Regular Board Agenda, September 29, 2008 Page 359 of 390 This is page 16 of the minutes of a Regular Meeting of the Squamish-Lillooet Regional District Board, held on August 25, 2008 at the Gold Bridge Community Hall, 699 Gun Lake Road, W, Gold Bridge BC.

CARRIED

12.2 CAO – Strategic Directions Initiative

It was moved and seconded:

THAT the Strategic Directions Initiative be deferred to the September 2008 Board meeting. CARRIED

12.3 Pemberton Valley Loop Trail Report

It was moved and seconded:

THAT the following 3 recommendations be approved with an amendment of up to $12,000.00 for dog proof fencing with funding from the Pemberton Valley Trails service :

1. THAT Staff be directed to carry out the following regarding the dyke reserve along Lot 2, DL 204, Plan 5957, LLD: - provide a grant for a dog proof fence and gates along the toe edge of the dyke and a second fence at the edge of the riparian area, in order to permit full public access to the dyke and riparian area trail, with seasonal closures of the dyke trail for grazing, not to exceed 15 days/year. (this number is an estimate and may be amended by the provincial agrologist)

- oversee construction of the fences in consultation with the property owners and Pemberton Valley Dyking District.

- obtain an agreement between the property owners (Geoff and Brenda McLeod), the SLRD, Ministry of Forests and Range, Ministry of Environment and the Agricultural Land Commission regarding recreational and agricultural use of the dyke and riparian area adjacent to Lot 2, DL 205, Plan 5957, LLD

2. THAT Staff be directed to carry out the following actions regarding the dyke reserve and riparian area adjacent to Lot 9, DL 205, Plan 5957: - provide a grant for a dog proof fence and gates on the toe edge of the dyke along the entirety of the property, to permit full public access to the dyke and riparian area trails year-round.

- oversee construction of the fence in consultation with the property owners and the Pemberton Valley Dyking District

SLRD Regular Board Agenda, September 29, 2008 Page 360 of 390 This is page 17 of the minutes of a Regular Meeting of the Squamish-Lillooet Regional District Board, held on August 25, 2008 at the Gold Bridge Community Hall, 699 Gun Lake Road, W, Gold Bridge BC.

- make application to ILMB for tenure on the riparian area at the south end of the property;

- investigate the status of the riparian area as a wildlife protection zone, and investigate the possibility of the property owner using the dyke and the riparian area in future, similar to the seasonal use of the dyke on the McLeod property;

- assist the property owners (Fritz and Heidi Kym) in obtaining a water license for livestock use.

3. THAT Staff be directed to: - apply to the Agricultural Land Commission for non-farm use (recreational trail) along the Pemberton Valley Loop trail in its entirety;

- apply to ILMB for tenure on the Pemberton Valley Loop trail;

- institute an educational, media and sign program to educate trail users on the Pemberton Valley Loop trail, and best practices for trails in agricultural areas;

- incorporate the policy decisions arising from the above into the Pemberton Valley Recreational Trail Plan;

- issue a press release outlining the agreements and thanking the property owners for their work to resolve the issues.

It was moved and seconded:

THAT the motion be amended by changing the funding to “up to $12 000. from Area C Select Funds”

Vote on amendment CARRIED Motion as amended CARRIED

12.4 SLRD South 911 Emergency Call Response Service Bylaw 1099

It was moved and seconded:

THAT Staff provide further cost clarification to the Village of Pemberton regarding South 911 Emergency Call Response Service Bylaw 1099.

CARRIED

SLRD Regular Board Agenda, September 29, 2008 Page 361 of 390 This is page 18 of the minutes of a Regular Meeting of the Squamish-Lillooet Regional District Board, held on August 25, 2008 at the Gold Bridge Community Hall, 699 Gun Lake Road, W, Gold Bridge BC.

13 Directors’ Reports

13.1 Director Sturdy – Village of Pemberton Boundary Expansion Proposal Report

Director Sturdy introduced the Village of Pemberton’s Boundary Expansion Proposal report.

14 Termination

The meeting was adjourned at 2:37 PM.

Russ Oakley Paul R. Edgington Chair Chief Administrative Officer

SLRD Regular Board Agenda, September 29, 2008 Page 362 of 390 Electoral Area Directors Committee Meeting Minutes September 8, 2008; 10:30 AM in the SLRD Boardroom 1350 Aster St., Pemberton BC

In Attendance:

Committee: R. Oakley (Area A); M. Macri (Area B); N. Bastien (Alternate, Area D); S. Gimse (Area C)

Staff: P. Edgington, CAO; S. Olmstead, Director of Planning and Development; A. Antonelli, Planner; S. Cheng, Recording Secretary

Others: Director J. Sturdy; 2 members of the public

1 Call to Order

It was moved and seconded:

THAT Russ Oakley be appointed Chair of the Electoral Area Directors Committee.

CARRIED

The meeting was called to order at 10:41 AM.

2 Approval of Agenda

It was moved and seconded:

THAT the agenda be approved as circulated.

CARRIED

3 Staff Reports and Other Business

3.1 Senior Building Clerk – August 2008 Monthly Building Report

It was moved and seconded:

THAT the August 2008 Monthly Building report be received for information.

CARRIED

3.2 Planner – Application for rezoning; Unsurveyed Crown land near Gold Bridge, BC; Electoral Area A

SLRD Regular Board Agenda, September 29, 2008 Page 363 of 390 This is page 2 of the minutes of the Squamish-Lillooet Regional District Electoral Area Directors Committee meeting, held on September 8, 2008, in the SLRD Boardroom.

It was moved and seconded:

THAT it be recommended to the Regional Board:

1. THAT as per section 879 of the Local Government Act, staff be directed to provide the following groups with early and ongoing opportunities for consultation regarding Bylaw 1094, 2008:

a. District of Lillooet b. School District #74 c. St’át’imc Land and Resource Authority d. Ministry of Energy, Mines & Petroleum Resources e. Ministry of Tourism, Sport, and the Arts f. Ministry of Environment g. Ministry of Forests and Range h. Ministry of Transportation i. Integrated Land Management Bureau

2. THAT provincial agency comments be received.

3. THAT Bylaw No. 1094, cited as ‘Upper Bridge River Valley Official Community Plan Bylaw No. 1022, 2006, Amendment Bylaw 1094, 2008’ be read a second time.

4. THAT the Board of the Squamish Lillooet Regional District delegate the holding of a public hearing to Electoral Area ‘A’ Director Russ Oakley, with Director Mickey Macri as alternate delegate pursuant to Section 891 of the Local Government Act, for the consideration of ‘Upper Bridge River Valley Official Community Plan Bylaw No. 1022, 2006, Amendment Bylaw 1094, 2008’.

5. THAT the public hearing for consideration of Bylaw 1094, 2008 be held at 7 pm on Wednesday, November 5, 2008 at the Gold Bridge Community Centre, Gold Bridge BC.

6. THAT Bylaw No. 1093, cited as ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1093, 2008’ be read a second time.

7. THAT the Board of the Squamish Lillooet Regional District delegate the holding of a public hearing to Electoral Area ‘A’ Director Russ Oakley, with Director Mickey Macri as alternate delegate pursuant to Section 891 of the Local Government Act, for the consideration of ‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1093, 2008’.

SLRD Regular Board Agenda, September 29, 2008 Page 364 of 390 This is page 3 of the minutes of the Squamish-Lillooet Regional District Electoral Area Directors Committee meeting, held on September 8, 2008, in the SLRD Boardroom.

8. THAT the public hearing for consideration of Bylaw No. 1093, 2008 be held at 7 pm on Wednesday, November 5, 2008 at the Gold Bridge Community Centre, Gold Bridge BC. CARRIED

Ms. Antonelli left the meeting at 10:49 AM.

3.3 Planner – Pemberton Valley Agricultural Area Plan; Electoral Area C – Terms of Reference

It was moved and seconded:

THAT it be recommended to the Regional Board:

1. THAT the terms of reference for the Pemberton Valley Agricultural Area Plan be endorsed.

2. THAT the Pemberton Valley Agricultural Area Plan budget increase to $60,000 based on SLRD funding of $30,000 and Investment Agriculture Foundation of British Columbia funding of $30,000.

CARRIED

3.4 Community Planner – Referral: Village of Pemberton Bylaws 617 & 618 OCP Amendment Bylaw 617, 2008 (Designation of previously undesignated land to TC – Town Centre Commercial) & Zoning Amendment Bylaw 618, 2008 (zoning of previously unzoned lands to C1 – Town Centre Commercial 1)

It was moved and seconded:

THAT it be recommended to the Regional Board:

THAT the following comments regarding Village of Pemberton Bylaws 617 & 618 be forwarded to the Village of Pemberton:

‘The amendment of undesignated/unzoned lands along Portage Road to a Commercial Town Centre Designation and Zoning proposed by Village of Pemberton Bylaws 617 and 618 is consistent with the policy direction of the draft Regional Growth Strategy and SLRD Electoral Area C Official Community Plan, in that the proposed change will:

(a) Concentrate development into existing settlement areas, maintaining a compact urban form & accommodating commercial growth within the urban boundaries of Pemberton; and

(b) Support the Village of Pemberton as the established business and service

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centre.’

CARRIED

3.5 Community Planner – District of Squamish Official Community Plan Bylaw No 1536, 1998, Amendment Bylaw (Watercourse Regulations) No. 2062, 2008

It was moved and seconded:

THAT it be recommended to the Regional Board:

1. That the referral for District of Squamish Official Community Plan Bylaw No 1536, 1998, Amendment Bylaw (Watercourse Regulations) No. 2062, 2008 be received.

2. THAT the District of Squamish be advised that the SLRD is of the opinion that the District of Squamish Official Community Plan Amendment Bylaw 2062 is consistent with the Regional Growth Strategy as at first and second reading.

3. THAT the SLRD commend the District of Squamish for its high standard taken toward the protection of riparian areas.

CARRIED

3.6 Planning Technician – Proposed Subdivision at Tyaughton Lake – Lot 2, Plan 22578, DL 5384 and 8543 and Part of Lot 1, Plan 33798, (except Plan KAP57208) DL 5380 LLD, Chris and Karen Donald – Electoral Area A

Director Sturdy joined the meeting at 10:51 AM.

It was moved and seconded:

THAT it be recommended to the Regional Board:

THAT the Chair and CAO be authorized to execute a covenant in conjunction with the proposed subdivision of Lot 2, Plan 22578, DL 5384 and 8543 and Part of Lot 1, Plan 33798, (except Plan KAP57208) DL 5380 LLD at Tyaughton Lake acknowledging that year round access to the property is not guaranteed.

CARRIED

3.7 Status report regarding STEWARD: Janice; Court Order for Removal of Mobile Home on Lot 8, Plan 18015, DL 779, LLD 688 Smith Road, Pavilion

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It was moved and seconded:

THAT the status report dated September 2, 2008 from the Senior Building Clerk regarding placement of a manufactured home at Pavilion Lake be received.

CARRIED

3.8 Application for subdivision in the Agricultural Land Reserve for Block A, District Lot 990, Plan 10882, Pennie McNutt – Upper Squamish Valley, Electoral Area D

It was moved and seconded:

THAT it be recommended to the Regional Board:

THAT the Squamish-Lillooet Regional District recommends that the application for subdivision in the ALR for Block A, District Lot 990, Plan 10882, NWD not be supported and the application not forwarded to the Agricultural Land Commission CARRIED

3.9 Gordon McIntosh – Strategic Directions Initiative

It was moved and seconded:

THAT the Strategic Directions Initiative report be received.

CARRIED

3.10 Electoral Area Fire Services Regulation Bylaw

It was moved and seconded:

THAT it be recommended to the Regional Board:

THAT Staff revise the Electoral Area Fire Services Regulation Bylaw based upon committee discussions;

AND THAT Staff facilitate a workshop with Electoral Area Directors; SLRD Fire Departments; municipal Fire Chiefs and Fire Commissioner representatives regarding the May 2008 Office of the Fire Commissioner Bulletin.

CARRIED

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3.11 Electoral Area Zoning Questions

4 Correspondence Requesting Action

4.1 Cadwallader Creek Bridge

It was moved and seconded:

THAT it be recommended to the Regional Board:

THAT a confirmation letter be sent to Ben Svarckopf, referring him to the Ministry of Forest regarding the Cadwallader Creek Bridge.

CARRIED

Recessed for lunch at 12:00 noon and reconvened at 12: 37 PM.

4.2 Lillooet Lake Estates – Request for Funding of Garage

It was moved and seconded:

THAT it be recommended to the Regional Board:

THAT $30,000 from Area C Fire Hall Reserve in Special General Select Services be authorized to Lillooet Lake Estates for their garage to house the fire equipment.

CARRIED

5 Confirmation and Receipt of Minutes

5.1 Minutes of July 14, 2008 EAD Committee meeting

It was moved and seconded:

THAT the July 14, 2008 Electoral Area Directors Committee meeting minutes be confirmed as circulated. CARRIED

6 Business Arising from the Minutes

7 Consent Items and Correspondence for Information

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7.1 Office of the Fire Commissioner

It was moved and seconded:

THAT it be recommended to the Regional Board:

THAT the Office of the Fire Commissioner correspondence be received.

AND that the correspondence be referred to all SLRD Fire Chiefs.

CARRIED

8 Delegations and Petitions

9 Decision on Late Business

10 Late Business

11 Directors’ Reports

12 Termination

The meeting was adjourned at 1:06 PM.

Russ Oakley Paul R. Edgington Chair Chief Administrative Officer

SLRD Regular Board Agenda, September 29, 2008 Page 369 of 390 Pemberton/Area C Economic Development Commission Meeting Minutes Monday September 8, 2008; 9:00 AM SLRD Boardroom 1350 Aster Street, Pemberton BC

In attendance:

Commission: P. Vandenberg (Chair); S. Gimse; G. Bikadi; A. Helmer; J. Sturdy; S. Ryan

Staff: S. Cheng, Recording Secretary

Others: A. Ross, Pemberton/Area C Economic Development Consultant

1 Call To Order

The meeting was called to order at 9:05 AM.

2 Approval Of Agenda

It was moved and seconded:

THAT the agenda be approved as presented.

CARRIED

3 New Business

3.1 Economic Development Consultant – August Monthly Report

Ms. Ross gave an overview of the Sea to Sky Economic Arts Impact study and her activities for August.

3.2 Meeting Attendance and Appointment of Alternates

It was moved and seconded:

THAT it be recommended to the Regional Board:

THAT a letter be sent, under signature by Economic Development Chair, to organizations that benefit from the Pemberton/Area C Economic Development function, requesting financial contributions to this service.

CARRIED

It was moved and seconded:

SLRD Regular Board Agenda, September 29, 2008 Page 370 of 390 This is page 2 of the minutes of a Pemberton/Area C Economic Development Commission meeting held September 8, 2008 in the SLRD Boardroom, 1350 Aster Street, Pemberton BC.

THAT it be recommended to the Regional Board:

THAT an application be submitted to the Pemberton Chamber of Commerce for a Live Nations Community funds grant for Pemberton/Area C Economic Development Consultant conference fees.

CARRIED

It was moved and seconded

THAT it be recommended to the Regional Board:

THAT the Pemberton/Area C Economic Development commission explore the opportunity for holding an Economic Development Conference in Pemberton BC.

CARRIED

4 Termination

Next meeting: October 6, 2008 at 9:00 AM. The meeting was adjourned at 10:25 AM.

Peter Vandenberg Chair

SLRD Regular Board Agenda, September 29, 2008 Page 371 of 390 SQUAMISH-LILLOOET REGIONAL DISTRICT

Minutes of a Public Hearing convened by the Squamish-Lillooet Regional District Board, held in the Gold Bridge Community Hall, Gold Bridge BC, on September 10, 2008 at 7:00 PM.

Present were: Area A Director R. Oakley (Chair); Planner, A. Antonelli; Recording Secretary S. Cheng, and 3 members of the public

CALL TO ORDER Chair Oakley called the Public Hearing to order at 7:10 PM.

CHAIR’S Good Evening. My name is Russ Oakley, and as Electoral Area ‘A’ COMMENTS Director for the Squamish Lillooet Regional District Board, I have been asked to chair this public hearing. I would like to introduce Amica Antonelli, SLRD Planner, and Susan Cheng, who will be recording your comments.

This public hearing is convened pursuant to Section 890 of the Local Government Act to allow the public to make representations to the Board respecting matters contained in the proposed:

‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1074, 2008.’

This Bylaw was advertised in the August 27th and September 3rd 2008 issues of the Lillooet News.

Every one of you present who believes that your interest in the property is affected by the proposed bylaw shall be given a reasonable opportunity to be heard or to present written submissions respecting matters contained in the bylaw. None of you will be discouraged or prevented from making your views known. However, it is important that you restrict your remarks to matters contained in the proposed bylaw.

When speaking please address the Chair and commence your remarks by clearly stating your name and address.

Members of the Board may, if they so wish, ask questions following a presentation. However, the function of Board representatives at this public hearing is to listen rather than to debate the merits of the proposed bylaw.

After this public hearing has concluded, the Board may, without further notice or hearing, adopt or defeat the bylaw, or alter and then adopt the bylaw, provided that the alteration does not alter the use or increase the density.

May I remind you that tonight is your opportunity for input on the Bylaw

SLRD Regular Board Agenda, September 29, 2008 Page 372 of 390 This is Page 2 of the Minutes of a Public Hearing convened by the Regional Board of the Squamish- Lillooet Regional District, held on September 10, 2008 at 7:00 PM at the Gold Bridge Community Hall, Gold Bridge BC.

and that after the conclusion of this hearing, no further public comments can be received.

I will now ask Amica Antonelli, to introduce:

‘Squamish Lillooet Regional District Electoral Areas A & B Zoning Bylaw No. 670, 1999, Amendment Bylaw No. 1074, 2008.’

Planner Amica Ms. Antonelli gave an overview of Bylaw 1074 which rezones DL 587 Antonelli LLD, as shown on the Bylaw 1074 map, from Rural Resource 2 zone to Rural Resource 1, thereby changing the minimum parcel size from 8 hectares to 2 hectares.

PUBLIC Chair Oakley opened the floor to public comments. COMMENTS

Annie Casarin Ms. Casarin noted that she had friends who were interested in purchasing (Proponent), land for weekend cabins. Pemberton

Dan Jones, Mr. Jones was concerned about septic fields and water source for the Bralorne development. He is in support of this rezoning.

Hubert LaCasse Mr. LaCasse is the owner of the lot below the proponent’s, and he was Bralorne told by the seller that there was lots of water available. Historically, Noel Creek has supplied water as evidenced by the presence of a waterwheel. He believes that there is water underground also as there is a natural depression under soft soil on the property.

Chair Oakley Question of water sources would come up at the subdivision process.

WRITTEN There were no written submissions to read. SUBMISSIONS

Dan Jones Mr. Jones reiterated his support of this application.

CLOSING Chair Oakley called a first and second time for further comments. REMARKS

TERMINATION Chair Oakley called a third time for further comment. There being none, he thanked the group for their attendance and declared the meeting closed at 7:20 PM.

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Russ Oakley Director, Electoral Area A

SLRD Regular Board Agenda, September 29, 2008 Page 374 of 390 Pemberton Valley Utilities & Services Committee Meeting Minutes September 16, 2008; 11:00 AM SLRD Boardroom 1350 Aster Street, Pemberton BC

In Attendance:

Committee: J. Sturdy (Presiding Chair); S. Gimse (Area C); M. Blundell (VoP); J. Kelly (Area C, Alternate Director)

Staff: P. Edgington, CAO; S. Cheng, Recording Secretary; L. Brown, (PCC)

Others: L. Pilon (VoP Administrator), B. Trinder (RMT); and 5 members of the public

1 Call to Order

The meeting was called to order at 11:05 AM.

2 Approval of Agenda

The following was added to the agenda:

3.6 Community Grant in Aid Programme.

It was moved and seconded:

THAT the agenda be approved as amended.

CARRIED

3 New Business

3.1 After School Care Programmes

1. Licensing and Programme Changes

It was moved and seconded:

THAT the September 9, 2008 After School Care Programme report be received.

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CARRIED

2. Children’s Programme Supervisor

THAT it be recommended to the Regional Board:

THAT a Children’s Programme Supervisor position be approved in principal;

AND THAT Staff bring forward financial implications of establishing a Children’s Programme Supervisor position. CARRIED

3. Concerns of Parents

In-Camera discussion

3.2 Facility Organization

1. Department Structure In-Camera Discussion

2. Recreation Advisory Council

It was moved and seconded:

THAT it be recommended to the Regional Board:

THAT Staff revise the draft Pemberton Recreation Advisory Committee bylaw in accordance with Committee discussion an Staff notes.

CARRIED

It was moved and seconded:

THAT it be recommended to the Regional Board:

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THAT the Recreation Department Operational Flow Chart be adopted as a guiding principle for organization of the Pemberton Community Centre.

CARRIED

3. Pemberton Community Centre Field Booking Agreements 4. Room Booking Agreements

It was moved and seconded:

THAT it be recommended to the Regional Board:

THAT the Field Bookings Agreements and Room Booking Agreements be approved as presented.

CARRIED

Consider Out of Sequence

It was moved and seconded: THAT item 3.5 be considered out of sequence.

CARRIED

3.5 Construction of New Facility (Pemberton Community Centre)

1. DYS Request for Fee Amendment

In-Camera Discussion

2. GML Mechanical

THAT $55,000.00 be authorized to GML Mechanical for their shortfall,

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conditional upon a release of claim being provided. CARRIED

B. Trinder left the meeting at 12:30 PM.

Recessed at 12:26 PM and reconvened at 12.42 PM.

3.3 Capital Funding Requirements

1. Fundraising/Donor Programme Mr. Edgington gave an update of the Fundraising Programme.

3.4 Old Pemberton Community Centre

1. Lease Extension

THAT it be recommended to the Regional Board:

THAT the SLRD accept the Old Pemberton Community Centre lease extension to March 31, 2009 with School District 48;

AND THAT an extension of the Old Pemberton Community Centre lease till March 31, 2010 be requested of School District 48..

CARRIED

3.5 Construction of New Facility

1. DYS Request for Fee Amendment Considered earlier in the meeting.

2. GML Mechanical Considered earlier in the meeting.

4 Correspondence Requesting Action

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4.1 Pemberton Seniors Funding Request

It was moved and seconded:

THAT it be recommended to the Regional Board:

THAT $3120 from the Pemberton Recreation Service funds be authorized for the Pemberton Seniors’ Society’s Exercise programme.

AND THAT the Pemberton Seniors’ Society be requested to track and submit to the SLRD the number of programme participants.

CARRIED

4.2 Pemberton Youth Soccer

It was moved and seconded:

THAT it be recommended to the Regional Board:

THAT funding from the Pemberton Recreation Service be utilized for a portable toilet at the Old Pemberton Community Centre fields. CARRIED

4.3 Rotary Funding Request

4.4 Pemberton Equifest 2008 – Request for funding

It was moved and seconded:

THAT it be recommended to the Regional Board:

THAT a report on 2009 Pemberton Equifest costs be requested from the Pemberton Equifest organizers.

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THAT $3500 from Pemberton Recreation Service be authorized to the Pemberton Equifest organization.

CARRIED

4.5 Grant-in –Aid Programme

It was moved and seconded:

THAT the Grant-in-Aid Programme report be referred to the next PVUS committee meeting.

CARRIED

5 Closed Session

L. Brown; L. Pilon and S. Cheng left the meeting at 1:15 PM.

It was moved and seconded: Pursuant to Section 90 (1) (a) of the Community Charter, that this meeting of the Committee be closed to the public as the matter to be considered relate to personnel matters, litigation or potential litigation affecting the Regional District.

CARRIED

6 Termination

The meeting was adjourned at 1:43 PM.

Jordan Sturdy Paul R. Edgington Presiding Chair Chief Administrative Officer

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