municipality of north cowichan regular council agenda · 2015-09-11 · municipality of north...

Municipality of North CowichanRegular Council

AGENDA

Wednesday, September 16, 2015, 1:30 p.m.Municipal Hall - Council Chambers

Pages

1. CALL TO ORDER

This meeting is open to the public. All representations to Council form part of the publicrecord. Proceedings will be streamed live and archived at northcowichan.ca.

2. APPROVAL OF AGENDA

Recommendation:

That Council approve the agenda as circulated [or as amended].

3. ADOPTION OF MINUTES 5 - 15

Recommendation:

That Council adopt the minutes of regular meeting held September 2, 2015.

4. PUBLIC INPUT

Opportunity for brief verbal input regarding agenda items from registered speakers.

5. BYLAWS

5.1 Bylaw 3562 - Zoning Amendment Bylaw (Maple Bay School Site ComprehensiveDevelopment Zone [CD8], 2015

16 - 18

Purpose: To adopt bylaw now that the outstanding conditions have been met(i.e. fire flows, septic disposal, consolidation and park dedication).

Recommendation:

That Council adopt Zoning Amendment Bylaw (Maple Bay School SiteComprehensive Development Zone [CD8], 2015, No. 3562.

5.2 Bylaw 3573 - Temporary Borrowing Bylaw, 2015 19 - 19

Purpose: To temporarily borrow money to replace the Henry Road watermainand build flood protection works.

Recommendation:

That Council adopt Temporary Borrowing Bylaw, 2015, No. 3573.

5.3 Bylaw 3585 - Maple Bay Sewer Local Area Service Establishment Bylaw 20 - 22

Purpose: To establish a local area service for sanitary sewer treatment.

Recommendation:

That Council adopt Maple Bay Sewer Local Area Service Establishment Bylaw, No.3585.

1

5.4 Bylaw 3586 - Proposed Permissive Property Tax Exemptions - 2016-2013 23 - 24

Purpose: To remove Chemainus Senior Citizen's Housing Society for a taxexemption as it no longer qualifies.

Recommendation:

That Council rescind third reading of Permissive Tax Exemption AmendmentBylaw, 2015, No. 3586.

Recommendation:

That Council read a third time as amended, Permissive Tax ExemptionAmendment Bylaw, 2015, No. 3586.

5.5 Bylaw 3588 - Official Community Plan Amendment - Artisan Village 25 - 51

Purpose: To amend the Chemainus Artisan Village Comprehensive DevelopmentPlan.

Recommendation:

That Council read a second time Official Community Plan Amendment Bylaw (No.4 - Chemainus Artisan Village Comprehensive Development Plan), 2015, No.3588.

5.6 Bylaw 3589 - Zoning Amendment Bylaw (No. 4 - Chemainus Artisan VillageComprehensive Development Zone [CD6]), 2015

52 - 59

Purpose: To amend the Chemainus Artisan Village Comprehensive DevelopmentZone.

Recommendation:

That Council read a second time Zoning Amendment Bylaw (No. 4 - ChemainusArtisan Village Comprehensive Development Zone [CD6]), 2015, No. 3589.

5.7 Bylaw 3590 - Artisan Village Housing Amendment Agreement Bylaw 2015 60 - 61

Purpose: To amend the Artisan Village Housing Amendment Agreement.

Recommendation:

That Council read a second time Artisan Village Housing Amendment AgreementBylaw 2015, No. 3590.

5.8 Bylaw 3591 - Fees Amendment Bylaw (No. 2), 2015 62 - 74

Purpose: To amend several fees.

Recommendation:

That Council adopt Fees Amendment Bylaw (No. 2), 2015, No. 3591.

5.9 Bylaw 3598 - Westcott Road Water Local Area Service Establishment Bylaw 75 - 77

Purpose: To establish a local area service to extend municipal water to 2properties on Westcott Road.

Recommendation:

That Council read a first, second and third time Westcott Road Water Local AreaService Establishment Bylaw, No. 3598.

2

5.10 Bylaw 3599 - South End Water Local Area Service Enlargement Bylaw (No. 2),2015

78 - 78

Purpose: To include parts of 6618 and 6627 Westcott Road within the South Endwater local area service.

Recommendation:

That Council read a first, second and third time South End Water Local AreaService Enlargement Bylaw (No. 2), 2015, No. 3599.

6. REPORTS

6.1 Proposal to Realign North Road

Purpose: To consider the August 26, 2015 recommendation from the PublicWorks Committee regarding a proposal to realign North Road.

Recommendation:

That Council direct staff to examine the potential realignment of North Road aspart of the upcoming traffic study requested by Council on August 19, 2015.

6.2 Caution Farm Equipment Signs 79 - 84

Purpose: To consider the August 26, 2015 recommendation from the PublicWorks Committee regarding farm equipment warning signs.

Recommendation:

That Council approve the matrix attached to the Director of Engineeringand Operations' August 21, 2015 report as a basis for assessing the needto install farm equipment warning signs.

6.3 Watermain Replacement

Purpose: To consider the August 26, 2015 recommendation from the PublicWorks Committee to replace the watermain on Joan Avenue and Adelaide Streetin Crofton.

Recommendation:

That Council direct staff to prepare a report in preparation for the 2016 budgetdiscussions on the replacement of aging watermain infrastructure and thepossible amalgamation of three current water systems into one local area service.

6.4 2016 – 2020 Financial Plan Overview 85 - 97

Purpose: To receive a presentation and approve the upcoming budget scheduleand provide preliminary budget direction.

Recommendation:

That Council approve the budget development schedule set out in the attached2016 – 2020 Budget Review, and direct staff to prepare the 2016 – 2020 FinancialPlan based on the 5 Guiding Principles.

6.5 ICBC Information Sharing Agreement 98 - 111

Purpose: To allow North Cowichan to receive vehicle ownership information forbylaw enforcement purposes.

3

Recommendation:

That Council approve, and authorize the Mayor and Corporate Officer to sign,the information sharing agreement with the Insurance Corporation of BC.

6.6 Cowichan Tribes Servicing Agreement 112 - 127

Purpose: To allow North Cowichan to legally provide sewer service to part ofCowichan Reserve No. 1.

Recommendation:

That Council approve, and authorize the Mayor and Corporate Officer to sign,the Cowichan Tribes Servicing Agreement, substantially in the form presented.

6.7 Illegal Land Use – 6715 Somenos Road 128 - 130

Purpose: To consider legal action against the owners of 6715 Somenos Road dueto non-compliance of Municipal bylaws.

Recommendation:

That Council direct staff to commence legal action against the property owner of6715 Somenos Road, to ensure the property achieves full compliance withMunicipal bylaws.

6.8 Refugees 131 - 132

Purpose: To discuss the September 4th Globe and Mail newspaper article entitled"Mayors across Canada vow to lead in settling refugees".

6.9 Union of B.C. Municipalities (UBCM) - Motions 133 - 140

Purpose: To review resolutions for upcoming UBCM Conference.

6.10 Meeting With City of Duncan 141 - 141

Purpose: To discuss topics, and a meeting date for a meeting with the City ofDuncan.

7. NOTICE OF MOTIONS

8. REVIEW OF COMMITTEE MINUTES 142 - 144

Public Works Committee - August 26, 2015

9. NEW BUSINESS

10. QUESTION PERIOD

Public opportunity to ask brief questions of regarding the business of this meeting.

11. ADJOURNMENT

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1

Municipality of North Cowichan

Regular Council

MINUTES

September 2, 2015, 1:30 p.m.

Municipal Hall - Council Chambers

Members Present Mayor Jon Lefebure

Councillor Joyce Behnsen

Councillor Rob Douglas

Councillor Maeve Maguire

Councillor Kate Marsh, (after 1:34 p.m.)

Councillor Al Siebring

Councillor Tom Walker

Staff Present Dave Devana, Chief Administrative Officer (CAO)

Scott Mack, Director of Development Services

Ernie Mansueti, Director of Parks and Recreation

John Gunn, Manager of Information Services

Mary Beth MacKenzie, Deputy Director of Corporate Services

Dave Conway, Director of Engineering and Operations

Michael Mark, Manager of Building and Compliance

1. CALL TO ORDER

There being a quorum present, the meeting was called to order at 1:30 p.m.


It was moved and seconded:

That Council approve the agenda as circulated.

CARRIED

3. ADOPTION OF MINUTES


That Council adopt the minutes of regular meeting held August 19, 2015.

CARRIED

4. PUBLIC MEETINGS & HEARINGS

Councillor Marsh joined the meeting at 1:34 p.m., during discussion of the following item.

4.1 Proposed Permissive Property Tax Exemptions – 2016-2023

5

September 2, 2015 - Regular Council Minutes

2

Council heard a presentation by Ian MacFarland and Adriana Soler of Parkside Academy

Society who provided further information on the early learning programs it offers to

children of multi-cultural families who are considered "at risk" in the community. They

stated that they believed their application meets the eligibility criteria for a tax

exemption, and asked that Council reconsider and approve their tax exemption for 3039

Sprott Road.


That Council approve the addition of Parkside Academy Society for a permissive tax

exemption at 3039 Sprott Road under item 1(b) of proposed "Property Tax Exemption

Amendment Bylaw, 2015", No. 3586.

CARRIED


That Council read a first, second and third time, "Permissive Tax Exemption Amendment

Bylaw, 2015", No. 3586, as amended.

CARRIED

4.2 Notice on Title - 3456 and 3458 Drinkwater Road

The Manager of Building and Compliance reviewed the outstanding building infractions

at 3456 and 3458 Drinkwater Road and asked Council to approve filing a notice on title

under Section 57 (3) of the Community Charter.


That Council:

1. direct the Corporate Officer to file a notice on title of 3456-3458 Drinkwater Road,

pursuant to section 57 (3) [building regulations contravened] of the Community

Charter, and

2. direct staff to continue to seek compliance from the property owner on the bylaw

infractions identified in order for the property to be brought into compliance with

Municipal Bylaws.

CARRIED

4.3 Notice on Title - 6281 Wicks Road


at 6281 Wicks Road and asked Council to approve filing a notice on title under Section

57 (3) of the Community Charter.


That Council:

1. direct the Corporate Officer to file a notice on title of 6281 Wicks Road, pursuant to

section 57 (3) [building regulations contravened] of the Community Charter, and

6


3



Municipal Bylaws.

CARRIED

4.4 Notice on Title - 8633 Sweeney Road


at 8633 Sweeney Road and asked Council to approve filing a notice on title under

Section 57 (3) of the Community Charter.


That Council:

1. direct the Corporate Officer to file a notice on title of 8633 Sweeney Road, pursuant

to section 57 (3) [building regulations contravened] of the Community Charter, and



Municipal Bylaws.

CARRIED

4.5 Notice on Title - 5881 Genoa Bay Road


at 5881 Genoa Bay Road and asked Council to approve filing a notice on title under

Section 57 (3) of the Community Charter.

Paul Tataryn, an agent for the property owner, and Chris Trucker, contractor, stated that

they are working with the architect and an engineer to correct the outstanding issues,

but needed more time to complete the work.


That Council:

1. direct the Corporate Officer to file a notice on title of 5881 Genoa Bay Road,

pursuant to section 57 (3) [building regulations contravened] of the Community

Charter. and



Municipal Bylaws.

CARRIED

(Opposed: Siebring)

5. PUBLIC INPUT

Council received public input regarding agenda items from a registered speaker.

6. DELEGATIONS & PRESENTATIONS

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4

6.1 RCMP Quarterly Report

Inspector Ray Carfantan provided Council with a summary of the North

Cowichan/Duncan RCMP detachment's 2nd quarter (April - June 2015) activities and

accomplishments and answered questions from Council.

6.2 Kidsport Cowichan

Deb Savory Wright, Chair, Kidsport Cowichan, provided an overview of the grants the

organization provides to children in the Cowichan Valley to allow them to participate in

organized sports.

7. BYLAWS

7.1 Bylaw 3573 - Temporary Borrowing Bylaw, 2015


That Council read a first, second and third time, "Temporary Borrowing Bylaw, 2015", No.

3573.

CARRIED

7.2 Bylaw 3587 - South End Water Local Area Service Enlargement Bylaw, 2015


That Council adopt "South End Water Local Area Service Enlargement Bylaw, 2015", No.

3587.

CARRIED

7.3 Bylaw 3591 - Proposed Fees Amendment Bylaw (No. 2), 2015


That Council read a first, second and third time, “Fees Amendment Bylaw (No. 2), 2015,”

No. 3591.

CARRIED

7.4 Bylaw 3592 - University Village Local Area Plan Amendment Bylaw


That Council adopt "University Village Local Area Plan Amendment Bylaw, 2015", No.

3592.

CARRIED

8. REPORTS

8


5

8.1 Official Community Plan and Zoning Amendments - Artisan Village


That Council:

1. read a first time "Official Community Plan Amendment Bylaw (No. 4 - Chemainus

Artisan Village Comprehensive Development Plan), 2015", No. 3588;

2. that Council consider Bylaw 3588 to be consistent with its financial plan and

applicable waste management plans; and

3. direct staff to refer the proposed Official Community Plan amendment to the Board

of the Cowichan Valley Regional District and hold a public open house in Chemainus

prior to the Public Hearing to consult with those affected by the proposed

amendment.

CARRIED

(Opposed: Douglas)


That Council read a first time “Zoning Amendment Bylaw (No. 4 - Chemainus Artisan

Village Comprehensive Development Zone [CD6]), 2015”, No. 3589.

CARRIED

(Opposed: Douglas)


That Council read a first time “Artisan Village Housing Amendment Agreement Bylaw

2015”, No. 3590.

CARRIED

(Opposed: Douglas)

8.2 One Cowichan Proposal - Solar Energy

Council considered a recommendation from the Environmental Advisory Committee in

support of the capture and use of solar energy.


That Council support, in principle, the following recommendations proposed by One

Cowichan to Council on July 15, 2015, in support of the capture and use of solar energy:

1. Lead by Example,

2. Remove Barriers,

3. Get Incentives/Disincentives Right,

4. Seek Funding Partnerships, and

5. Bundle Other Solutions.

Other:


That the main motion be referred back to the Environmental Advisory Committee for

clarification and a recommendation to Council.

CARRIED

(Opposed: Behnsen)

9


6

8.3 Climate Action and Energy Implementation Plan Priorities

Council considered the Environmental Advisory Commitee's recommendation requesting

the allocation of staff for the development of a Municipal Green Team.


That Council encourages and supports the creation of a staff Municipal Green

Team with the objective of reducing building energy use and other cost-saving

environmental initiatives.

DEFEATED

(Opposed: Lefebure; Behnsen; Douglas; Maguire; Marsh; Siebring)


That Council direct staff to create a Municipal Green Team as outlined in the Climate

Action and Energy Plan Implementation and Monitoring Framework.

CARRIED

(Opposed: Walker)

8.4 Capturing of Grey Water

Council recessed the meeting at 4:50 p.m. and reconvened at 5:00 p.m.

Council considered a recommendation from the Environmental Advisory Committee in

support of amendments to the BC Building Code that would require the recovery and

reuse of grey water in new buildings.


That Council direct staff to draft a letter to the Building Safety Standards Branch for the

Mayor's signature recommending that the British Columbia Plumbing Code be amended

to require recovery and reuse of grey water through a non-potable water system as

a water conservation measure for new buildings.

Other:


That the main motion be referred back to the Environmental Advisory Committee for

clarification.

CARRIED


That the meeting be extended to 6:00 p.m.

CARRIED

8.5 Managed Information Technology (IT) Services Agreement

Council recessed the meeting at 4:50 p.m. and reconvened at 5:00 p.m.

10


7

Council received the Manager of Information Services' September 2, 2015

report recommending approval of a Managed Information Technology (IT) Services

Agreement with the Town of Ladysmith, which will allow North Cowichan to provide IT

support services to Ladysmith for a three-year period.


That Council approve, and authorize the Mayor and Director of Corporate Services

to sign, a Managed Information Technology (IT) Services Agreement (substantially in the

form attached to the Manager of Information Services' September 2, 2015 report) with

the Town of Ladysmith for the provision of IT support services commencing in

September 2015 for an initial three year term.

CARRIED

(Opposed: Behnsen)

8.6 North Cowichan’s Compensation Philosophy for Exempt Staff

Council reviewed the Director of Human Resources' August 25, 2015 report outlining the

principles underlying the procedure for determining appropriate compensation for

exempt employees.


That Council receive the August 25, 2015 report from the Director of Human

Resources providing information on North Cowichan's compensation philosophy for

exempt staff.

CARRIED

8.7 Sponsorship Program – Conducting an Inventory Asset Valuation (IAV)

Council received a report from the Chief Administrative Officer seeking approval to

include funding for an Inventory and Asset Valuation for a Municipal Asset Sponsorship

Program in the draft budget for consideration by Council during 2016 budget

deliberations.


That Council direct staff to include $56,600 plus estimated travel and taxes for an

Inventory and Asset Valuation for the Municipal Asset Sponsorship Program in the 2016

Budget as part of the budget deliberations for the 2016 – 2020 Financial Plan

CARRIED

(Opposed: Douglas)

8.8 Chemainus Chamber of Commerce - Licence of Occupation

Council reviewed a proposed four-year Licence of Occupation for the Chemainus and

District Chamber of Commerce for Unit 102 - 9799 Waterwheel Square.

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8


That Council approve, and authorize the Mayor and Corporate Officer to sign, a four-year

Licence of Occupation with the Chemainus Chamber of Commerce for property located

at Unit 102 – 9799 Waterwheel Crescent, for the period September 2, 2015 to August 31,

2019, subject to the issuance of an Occupancy Permit and receipt of confirmation of

liability insurance in the amount of $2 million prior to occupancy.

CARRIED

8.9 Memorandum of Understanding - Recreation Management Software

Council reviewed the Deputy Director of Parks and Recreation's August 26, 2015 report

and a draft a proposed Memorandum of Understanding for Cowichan Valley Local

Governments to develop requirements and procure a new recreation management

software.


That Council approve, and authorize the Mayor and Corporate Officer to sign, the

“Memorandum of Understanding for Cowichan Valley Local Governments to Develop

Requirements and Procure New Recreation Management Software” attached to the

Deputy Director of Parks and Recreation’s August 26, 2015 report.

CARRIED

8.10 Grant-in-Aid Policy

Council considered amendments to its Grant-in-Aid policy recommended by the Director

of Financial Services in his report dated August 26, 2015.


That Council amend its Grant-in-Aid policy as outlined in the Director of Financial

Services' August 26, 2015 report, including:

1. Arts and Culture" under "Types of Grants," and

2. a requirement for applicants to provide brief information on how the previous year's

grant money was spent.

CARRIED


That Council extend the meeting to 6:45 p.m.

CARRIED

(Opposed: Marsh)


That staff prepare a report with recommendations to amend the evaluation criteria in the

Grant-in-Aid Policy for the 2017 budget.

CARRIED

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9

8.11 Maple Bay Sewage Treatment Plant / Latecomer Protection

Councillor Siebring left the meeting at 6:05 p.m.

Council reviewed the Manager of Engineering's August 25, 2015 report providing

information on the Maple Bay Sewage Treatment Plant latecomer agreement and the

local area service petition.


That Council receive the Deputy Corporate Officer’s August 25, 2015 certificate on the

sufficiency and validity of a local area service petition to fund the Maple Bay sewage

treatment system to service 48 properties.

CARRIED


That Council approve, and authorize the Mayor and Corporate Officer to sign, the “Excess

or Extended Service (Latecomer) Agreement: Maple Bay Sewage Treatment Plant”

CARRIED


That Council read a first, second and third time “Maple Bay Sewer Local Area Service

Establishment Bylaw”, No. 3585.

CARRIED

8.12 Memorandum of Agreement - Better Off North Cowichan Home Energy

Conservation Program

Council considered the Senior Planner's August 25, 2015 report requesting approval to

enter into a Memorandum of Agreement with the Ministry of Natural Resources (NRCan)

to receive data and support to assist in delivering the "Better Off North Cowichan" Home

Energy Conservation Program.


That Council approve, and authorize the Mayor and Corporate Officer to sign, the

Memorandum of Agreement between the Municipality of North Cowichan and Ministry

of Natural Resources Office of Energy Efficiency to receive support and data.

CARRIED

8.13 Local Area Water Service Petition - Westcott Road

Council received the Director of Engineering and Operation's August 26, 2015 report

providing an update on a local area service watermain extension for 6618 and 6627

Wescott Road.

13


10


That Council

1. receive the Deputy Corporate Officer's certificate on the sufficiency and validity of a

local area service petition for a local area water service to two properties on Westcott

Road;

2. direct staff to draft a bylaw to establish a local area service to fund the cost to install

a municipal watermain and two service connections along Westcott Road, a distance

of 150 m from Norcross Road and

3. direct staff to draft a bylaw to include 6618 and 6627 Westcott Road within the

boundaries of the existing South End Water Local Area Service.

CARRIED

9. NOTICE OF MOTIONS

Councillor Siebring re-joined the meeting at 6:11 p.m. during discussion of the following item.

9.1 Maple Bay Public Wharf

Councillor Behnsen served notice of motion in support of a new public wharf in Maple

Bay. Staff was directed to contact the Maple Bay Community Association to

acquire its list of priority projects in Maple Bay.


That Council direct staff to provide a report on replacement of the Maple Bay Wharf,

recommending a design concept, budget, funding sources and construction timeframe.

CARRIED

10. REVIEW OF COMMITTEE MINUTES

Council reviewed, for information, the following Council committee minutes:

Environmental Advisory Committee - August 19, 2015

11. NEW BUSINESS

None.

12. QUESTION PERIOD

Council received no questions from the public regarding business considered at this meeting.

14


11

13. CLOSED SESSION

Council closed the meeting to the public at 6:18 p.m. on the basis of section (90) (1) (b) of the

Community Charter, and rose without reporting.

14. ADJOURNMENT

The meeting ended at 6:35 p.m.

________________________________ ________________________________

Signed by

Mayor or Presiding Member

Certified by

Director of Corporate Services

15

BYLAW 3562

Zoning Amendment Bylaw (Maple Bay School Site

Comprehensive Development Zone [CD8]), 2015

The council of The Corporation of the District of North Cowichan enacts as follows:

1 “Zoning Bylaw 1997”, No. 2950, is amended by

(a) adding “Maple Bay School Site Comprehensive Development Zone (CD8)” to Part 5,

Division 2 of the Table of Contents,

(b) inserting the following definitions to section 12 [definitions]:

(1.3) “accessory dwelling unit” means a dwelling unit which is subordinate to and associated

with the principal use;”

(9.2) “assembly hall” means a use of a building or structure for the assembly, gathering, or

meeting of persons for religious, charitable, philanthropic, cultural, educational, or any

other purpose not otherwise specifically defined in the bylaw;

(c) inserting the following off-street parking requirements to section 21 (2):

Assembly Hall 1 space per each 20 m2 (215.3 sq ft) of gross floor area

(d) adding the following to section 43 [zones]:

Maple Bay School Site Comprehensive Development Zone .................................................. (CD8),

(e) adding the following after section 80.7:

MAPLE BAY SCHOOL SITE COMPREHENSIVE DEVELOPMENT ZONE (CD8)

Permitted Uses

80.8 (1) The permitted uses for the CD8 zone are as follows:

Accessory Dwelling Unit

Assembly Hall

Fitness Centre / Gymnasium

Gallery

Mini-Warehousing

Office

Personal Service

Retail Store

Minimum Lot Size

(2) The minimum lot size for the CD8 zone is 6,500 m2 (1.61 ac).

Minimum Frontage

(3) The minimum permitted frontage for the CD8 zone is 20 m (65.62').

16

-2-

Density

(4) The maximum number of Accessory Dwelling Units permitted is two (2).

Maximum Gross Floor Area

(5) The maximum gross floor area for the CD8 zone is 1,800 m2 (19,375.04 sq ft) for all buildings,

including a maximum of:

(a) 225 m2 (2,421.88 sq ft) for an Assembly Hall, Fitness Centre/Gymnasium, Gallery, or

combination of Assembly Hall, Fitness Centre/Gymnasium and Gallery;

(b) 160 m2 (1,722.23 sq ft) for Mini-Warehousing, or six (6) individual Mini-Warehousing units,

whichever results in a lesser gross floor area;

(c) 105 m2 (1,130.21 sq ft) for an Accessory Dwelling Unit; and

(d) 280 m2 (3,013.89 sq ft) for a Retail Store.

Maximum Lot Coverage

(6) The maximum permitted lot coverage for the CD8 zone is 20% of the lot area.

Minimum Setbacks

(7) The minimum permitted setback for Principal Buildings and Accessory Buildings and Structures from

any lot line in the CD8 zone is 8.0 m (26.25').

Maximum Building Height

(8) The maximum permitted building heights for the CD8 zone are as follows:

(a) Principal Buildings ............................................................................................. 12.5 m (41.0')

(b) Accessory Buildings and Structures ..................................................................... 5.0 m (16.4')

Conditions of Use

(9) All permitted uses in the CD8 zone must be fully located within the Principal Building.

2 Schedule “C” of “Zoning Bylaw 1997”, No. 2950, is amended by reclassifying those parts

of Lots 1-10, Block 2, Section 7, Range 5, Comiaken District, Plan 729, shown outlined in

bold on the schedule attached to and forming part of this bylaw, from Public Use Zone

(PU) to Maple Bay School Site Comprehensive Development Zone (CD8).

_______________________

READ a first time on May 6, 2015 READ a second time on May 6, 2015 CONSIDERED at a Public Hearing on June 3, 2015 READ a third time on June 3, 2015 ADOPTED on

CORPORATE OFFICER PRESIDING MEMBER

17

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Schedule

18

BYLAW 3573

Temporary Borrowing Bylaw, 2015

WHEREAS section 181 of the Community Charter provides that a council may, where it has

adopted a loan authorization bylaw, without further assents or approvals, borrow money

temporarily from any person under the conditions therein set out;

AND WHEREAS the Council has adopted “Henry Road Watermain Replacement Loan

Authorization Bylaw”, No. 3571, and “Tier 4 Flood Protection Works Loan Authorization

Bylaw” No. 3572;

AND WHEREAS the sale of debentures has been temporarily deferred;

NOW THEREFORE, the Council of The Corporation of the District of North Cowichan enacts

as follows:

1 This bylaw authorizes the Council to borrow an amount, or amounts, not exceeding the

sum of $2,564,000.

2 The form of obligation to be given as acknowledgment of the liability must be a

promissory note or notes bearing the corporate seal and signed by the Mayor and the

Director of Financial Services.

3 The money borrowed under this bylaw must be used solely for the purposes set out in the

“Henry Road Watermain Replacement Loan Authorization Bylaw”, No. 3571, and “Tier 4

Flood Protection Works Loan Authorization Bylaw” No. 3572.

4 The proceeds from the sale of the debentures, or as much as may be necessary, must be

used to repay the money borrowed under this bylaw.

_______________________

READ a first time on September 2, 2015 READ a second time on September 2, 2015 READ a third time on September 2, 2015 ADOPTED on


19

BYLAW 3585

Maple Bay Sewer Local Area Service Establishment Bylaw

Contents Section

1 Service

2 Boundaries

3 Cost recovery

4 Parcel tax roll

5 Severability

Schedule

WHEREAS sections 210 and 211 of the Community Charter authorize Council, by bylaw, to

establish a local area service;

AND WHEREAS Council has received a petition to establish the Maple Bay local area sewer

service;

AND WHEREAS pursuant to section 212 of the Community Charter, the corporate officer has

determined the sufficiency and validity of a petition to establish the local area service;

NOW THEREFORE the Council of The Corporation of the District of North Cowichan enacts as

follows:

Service

1 This bylaw establishes a local area service under Part 7, Division 5, of the Community

Charter, to fund the operation and maintenance of the Maple Bay sewage collection,

treatment and disposal system, as well as any required repairs, upgrades, improvements,

and replacements of it (the ALocal Area Service@).

Boundaries

2 The boundaries of the Local Area Service are shown in heavy black outline on the

Schedule attached to and forming part of this Bylaw, excluding the area shown hatched.

Cost recovery

3 (1) The methods of cost recovery for the Local Area Service will be

(a) a user fee, and

(b) a local service tax calculated on the basis of the taxable area of each parcel

that is subject to the local service tax.

(2) Approximately 75% of the costs of the local area service will be recovered by the

20

B2B

local service tax.

Parcel tax roll

4 The Director of Financial Services must prepare a parcel tax roll, under Section 203 of

the Community Charter, on the basis of the taxable area of each parcel within the Local

Area Service that is subject to the local service tax.

Severability

5 If any part of this bylaw is, for any reason, held to be invalid by a court of competent

jurisdiction, the invalid part of the bylaw must be deemed to be severed and the

remainder of the bylaw must remain valid and enforceable in accordance with its terms.

_______________________



21

B3B

Schedule

22

BYLAW 3586

Permissive Tax Exemption Amendment Bylaw, 2015

The Council of The Corporation of the District of North Cowichan enacts as follows:

1 This bylaw amends the Schedule of “Permissive Tax Exemption Bylaw,” No. 3519, by

(a) striking out items 22, 23 and 34 and substituting the following:

Item Column 1

Owner or Occupant

Column 2

Roll #

Column 3

Location

Column 4

Extent

Column 5

Period

Column 6

Conditions

22 Chemainus Chamber of Commerce and

Visitor Centre 15054.110

Unit 102 – 9799

Waterwheel Cres All land & improvements 2016-2023

23 Chemainus Festival of Murals Society 15054.110 9799 Waterwheel Cres All land & improvements 2016-2023

34 Chemainus Valley Historical Society 15054.115 Unit 101 – 9799

Waterwheel Cres All land & improvements 2016-2023

(b) repealing item 29; and

(c) adding the following:

Item Column 1

Owner or Occupant

Column 2

Roll #

Column 3

Location

Column 4

Extent

Column 5

Period

Column 6

Conditions

40.1 Clements Centre Society 1095.000 5848 Clements St All land & improvements 2016-2023

42.1 Cowichan Green Community 206.100 Beverly St All land & improvements 2016-2023

58.1 Ducks Unlimited 13951.003 All land 2016-2023



123.1 Nature Trust of BC N/A Beverly St All land 2016-2023

124.1 Parkside Academy Society 24018.000 3039 Sprott Road Leased area 2016-2023

139.1 Vancouver Island Providence Community Association

16.002 Donnay Drive All land 2016-2023

_______________________

READ a first time on September 2, 2015 READ a second time on September 2, 2015 READ a third time on September 2, 2015 RESCIND third reading and READ a third time as amended on ADOPTED on


23

CIIEMAINIJS SENIOR CITIZEN'S HOUSING SOCIETY

c/o PO Box 92

Mm main us. BC VOB 1K0

September 7, 2015

District of North Cowichan

7020 Trans Canada Highway, PO Box 278

Duncan, BC V9L 2X4

Re: Folio Number 16159-000

Lot 2 Section 17 Range 5 Chemainus Plan 22034 «£~°i Cyp*--«-**

To Whom it May Concern

This letter is to inform you of the sale of this property effective September 1, 2015. Our Society had a taxexemption to 2023 which will now be invalid.

The Board would like to thank the Municipality for its generosity over the years by extending tax

exemptions for us. We would not have been as successful had it not been for the assistance that wasextended to our Society.

If you need any other information, please email [email protected]. Thank you.

Sincerely,

Jarfet Mitchell

Director

SEP 0 8 2015 IH}\

The District ofWorth Cowichan

24

BYLAW 3588

Official Community Plan Amendment Bylaw (No. 4 –

Chemainus Artisan Village Comprehensive Development Plan), 2015


1 This bylaw amends Schedule A of “Official Community Plan Bylaw 2011,” No. 3450,

by repealing “Area Plan 3 – Chemainus Artisan Village Comprehensive Development

Plan” and substituting the Schedule attached to and forming part of this bylaw.

_______________________

READ a first time on September 2, 2015 READ a second time on CONSIDERED at a Public Hearing on READ a third time on ADOPTED on


25

North Cowichan Official Community Plan 2011 Appendix 7

Comprehensive Development Plans

Chemainus Artisan Village

1 | P a g e

Schedule

Area Plan 3

Chemainus Artisan Village Comprehensive Development Plan

1.0 Purpose

This plan has been prepared in accordance with Section 3.4.2 b) of the Municipality of North

Cowichan’s Official Community Plan (OCP) (2011) and will be used to guide the development of

Artisan Village, a mixed-use neighbourhood located in Chemainus.

The intent of this Comprehensive Development Plan (CDP) is to:

Provide residents, land owners, and Council with assurance about the future development

of the lands;

Identify how protected areas will be conserved and enhanced;

identify the parkland, green space, and trail amenities for public use;

Identify how the site will be integrated with the surrounding areas;

Identify future land uses and minimum densities within the development area;

Identify the urban design principles to use during subdivision and development approvals;

and

Outline an appropriate project phasing.

2.0 Setting, History and Vision

Setting

The subject property encompasses about 13.5 hectares (33.5 acres) of undeveloped lands,

located to the south west of and near the centre of Chemainus. The E and N Railway right of way

flanks the north/eastern property line. Lands to the south, west and southwest are: 1. in the

Agricultural Land Reserve adjacent to farmland and, 2. home to the Municipal Ball fields. To the

east, the property is bounded by Elm Street, which provides access to a commercial property,

the ball fields, and St. Joseph’s School. Askew Creek flows north-east through the property; the

creek effectively divides the lands into two sections. The Hermit Trails are a significant feature of

the site. The high point of the property has views looking north and east over the harbour and

to the mainland mountains beyond.

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2 | P a g e

History

First Nations History

The Cowichan Valley has been home to the First Nations for more than 4,500 years. The tribes

originally located in villages along the Cowichan and Koksilah Rivers. They would travel to other

sites for access to seasonal resources and for ceremonial uses. An Archaeological Overview

Assessment of the property was prepared by I.R. Wilson Consultants Ltd. The findings indicate

that no archeological sites are recorded on or near the property, which is well removed from the

ocean shoreline.

Chemainus History

Mining, fishing and forestry were the original industries that gave work to many immigrants to

Canada including those from China, Japan, India, Scotland and Germany. The natural resource

industry suffers from economic uncertainties so the people of Chemainus began to look for

ways to expand their economic base. The creation of a number of large outdoor wall murals,

painted by local artists, that reflect the history of the area, and the construction of a new live

Theatre, as well as a desire to promote local artists led to the original concept for the site –

“Artisans Village”. It was planned as an international campus intended to accommodate artists

and artisans from around the Pacific Rim with studio and workspace and a venue to market art.

The concept is to continue to recognize the artistic side of Chemainus while at the same time

providing a mix of housing. The original metal gates and sculpture will be incorporated into the

entry to the Hermit Trails.

Vision

The vision for Artisan Village is to create a unique mixed-use predominately residential

neighbourhood utilizing open space, quality architecture, and the site’s natural beauty. The

Proposed Development will create a safe, pedestrian-oriented neighbourhood that provides

amenities for both the residents and the larger community. The spirit of the original concept of

Artisans Village will be kept alive with the incorporation of a small commercial component that

will be integrated with the Chemainus town centre and provide local interest and vitality for the

proposed residential development located on either side of the Hermit Park and Askew Creek.

3.0 Policy Context

Official Community Plan

The subject property is included in the Chemainus Urban Growth Centre as identified in the

Municipality’s 2011 Official Community Plan (see Figure 1). A mix of land uses and housing

types are proposed that is consistent with the community character. This CDP enables flexible

zoning to address market conditions, local needs and to achieve smart growth principles.

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3 | P a g e

In recognition of the provincial legislation with respect to climate change, the intent is that

Artisan Village should develop as a predominantly medium to high density residential area in

close proximity to services and amenities of Chemainus Town Centre while enjoying the park

and trail amenities within and abutting the site. The area will be both distinctive in character,

and integrated with the surrounding neighbourhood. The plan establishes densities, puts

emphasis on pedestrian movement and quality urban design, approaches infrastructure and

buildings from a sustainable perspective, integrates the development into the community, and

preserves ecological systems and open space as parkland and protected area.

Figure 1. Site Context.

4.0 Site Planning

Overall Site Planning

The CDP embodies an integrated approach and responsive site development approach that

includes social, environmental and economic considerations (see Figure 2).

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4 | P a g e

Figure 2. Site Planning Conceptual.

The following are key site planning objectives of the CDP:

1) Reduce urban sprawl by:

- Utilizing a location that is close to the existing town centre;

- Enhancing access to transit; and

- Interconnecting to existing and future development including nearby town centre,

municipal park, other residential development, and schools.

2) Protecting streams, wildlife areas, natural vegetation and open space by:

- Developing on previously disturbed sites;

- Retention of the Stream Protection Enhancement Area (SPEA);

- Provision of a landscaped Agricultural Land Reserve buffer;

- Incorporating recommendations of the Qualified Environmental Professional(s);

- Preserving areas for recreation; and

- Utilizing native plants between buildings, along roads, and parking areas and for

restoration purposes.

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5 | P a g e

3) Increasing transportation choice and reducing automobile reliance by:

- Supporting convenient alternative transportation choices such as walking, use of

scooters and wheelchairs, cycling, and access to public transit and commuter train (see

Figure 3);

- Prioritizing support for alternative forms of transportation with convenient safe

sidewalks, trails and cycling lanes while still addressing vehicular movement and

parking; and

- Preparing a complete mobility plan for the site and integrating it with the surrounding

areas.

4) Contribution to municipal road infrastructure while:

- Working with natural site grades to create visual interest and to protect the natural

features of the site;

- Integrating appropriately with abutting sites and public roads recognizing the need for

goods and services movement and addressing active transportation (alternative modes

of travel); and

- Designing to accommodate the increased need for capacity created by area

development.

5) Preparation of a comprehensive rain water management plan.

6) Achieving system energy and consumption efficiencies by:

- Reduction of water use by using drought resistance and/or native plants;

- Ensuring all exterior mounted area, site, street, and building lighting will be non-glare,

full cut-off “dark skies” and will be compliant with municipal requirements; and

- Investigation of alternate energy sources such as geothermal.

7) Creation of community open spaces for people to meet including small urban plazas in

the mixed use area, strategically placed seating areas, a Hermit Trailhead, and community

gardens. The frequency of these kinds of spaces will be determined on the basis of good

urban design principles and keeping the comfort of seniors in mind.

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6 | P a g e

Figure 3. Example of Boulevard between Sidewalk and Road (photo by: Dan Burden 2006).

5.0 Protected Areas

Askew Creek

Askew Creek will be protected with a 30 m buffer in accordance with the Riparian Area

Regulation (see Figure 4). Adjacent to the creek there are mature forests that maintain the

important biological function of the riparian area adjacent to Askew Creek (see Figure 5).

Recommendations of the “Ecological Assessment Proposed Property Development Artisan

Village, Chemainus, BC”, Madrone, January 23, 2008 (EA_Madrone 2008) will be incorporated into

site planning, construction management, and development of the site.

Hermit Trails

Along with Askew Creek, the existing Hermit Trail system is a critical feature and site amenity of

value to the whole community of Chemainus (see Figures 6 and 7). Part of this trail network is in

the protected riparian area and part of it lies within the developable area. This latter area will be

included in the defined park, be protected along with the SPEA and turned over to the

municipality as park.

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7 | P a g e

Figure 4. Protected Areas.

Figure 5. Askew Creek.

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8 | P a g e

Figure 5. Hermit Trails.

Figure 6. Pedestrian Bridge Example (photo by Dan Burden 2009).

33




9 | P a g e

Wildlife Trees

The location of any decaying and large live wildlife trees outside the SPEA throughout the

polygons will be retained on the basis of input from an Arbourist and a Qualified Environmental

Professional (QEP) based on the recommendations of the EA_Madrone 2008.

All site and/or construction works will meet the requirements of the provincial Wildlife Act and

the federal Migratory Birds Convention Act. The areas will be checked by a QEP prior to site

works or construction being implemented.

Agriculture Buffer

The agricultural buffer areas will be utilized for passive recreation and community garden uses.

A form of covenant will be placed on title to ensure that future residents are aware of the

working farm to the west of the site. A $20,000 contribution for the promotion of agriculture has

been provided to the Municipality.

Development Practices to Protect the Environment

Slope Protection and Site Adaptation

A key goal of the Plan is to protect the natural environment in the course of land use and

development. This requires environmentally responsible development practices and the

integration of natural features into development design (see Figure 7). Existing terrain and

drainage patterns will be maintained as much as possible by adapting the access roads and

housing forms and main floor levels to suit the natural contours and existing site grades.

Retaining walls will be minimized where possible and should not exceed 1.2 m in situations

where retaining walls are the only reasonable solution.

Figure 7. Slope Adaptive Design.

34




10 | P a g e

Another key goal is to integrate or protect unique or special natural features of the site such as

landforms, rock outcroppings, mature trees and vegetation, drainage courses, hilltops and

ridgelines. By doing so the development should maintain the aesthetic and scenic quality of the

site within the community of Chemainus.

Site Management

Prior to each development, a comprehensive construction management plan will be provided to

address the following:

- Erosion and sediment control (see Figure 8);

- Identification and restriction of construction zones to protect the park;

- Identification of animal movement corridors and bird habitat to be protected and retained;

- An understanding of how soil will be removed and stored;

- Planning the location of construction materials, staging, and garbage and recycling;

- Phasing of development; and

- Operational issues such as time restrictions, site lighting and access.

Figure 8. Management Technique During Construction.

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11 | P a g e

Rain Water Management

Provision of a comprehensive rain water management plan will be developed for the whole site

prior to subdivision (see Figure 9. The plan will be used to guide all other site development. The

developer will work with the municipality to establish performance targets consistent with

environmental best management practices and implement what can be practically achieved

based upon the site terrain and conditions. An inventory of the existing landforms, soils and

drainage conditions will be compiled and form the background for the comprehensive rain

water management plan; the goal is to have no adverse impact on Askew Creek, adjacent

properties or downstream drainage facilities.

Figure 9. Chicanes introduced along with rain management techniques.

6.0 Artisan Village Design Principles

The development promises to achieve smart growth objectives. The challenges created by smart

growth development are related to achieving community livability and housing affordability.

This section of the plan is intended to address achieving both density and livability.

Artisan Village will provide quality urban design (see Figures 10 to 12), and will provide

opportunities for flexible space that can enhance the lifestyle of the future residents while

supporting local commercial, and a variety of forms of activity (performance, production,

physical, passive).

Artisan Village will provide a significant number of dwelling units to the Municipality of North

Cowichan in a compact area that has ready access to a variety of services. It has a role to play in

sustainable economic development of the Municipality by addressing a number of lifestyle and

life stage expectations as well as offering an interesting visitor experience.

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12 | P a g e

Chemainus has developed a unique and individual character, celebrating its history, location and

its people. By doing so Chemainus has created additional economic diversity to the region by

attracting tourists to view its celebratory murals and enjoy the local theatre.

Chemainus is characterized by human scale buildings and streets, and has views of Stuart

Channel, Thetis and Kuper Islands, and the distant mountains of the mainland. The Artisan

Village site embodies physical beauty around Askew Creek and some local history that includes

Charlie Abbott’s unique hand on the landscape known as The Hermit Trails. The design of the

development will celebrate these facets of Chemainus, keeping the streetscapes at a human

scale, providing slope adaptive designs that work with the natural forms of the site, and using

local materials, textures and colours on the buildings and in the landscape.

Figures 10 and 11. Cyclist (photo Dan Burden 2006) (left), Heritage Park (right).

Figure 12. Chemainus Theatre Festival.

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13 | P a g e

Development Vision

Figure 13. Development Vision.

Buildings are to be located on disturbed sites as indicated in Figure 2. The actual building layout

is subject to the design and subdivision process taking into consideration the urban and

building design concepts outlined in this CDP.

Transition

Artisan village is close to the commercial centre of Chemainus and the future residents will have

ready access to grocers, pharmacists, shops, restaurants and a variety of services including

health related services and facilities. Residents of Artisan Village will have ready access to

adjoining neighbourhoods, municipal parks and trails, and centralized services by utilizing

interconnecting trails, sidewalks and streets.

To service lands beyond the site, statutory rights of way will be required to accommodate

service corridors.

38




14 | P a g e

Coordination of the entrance to the site on Elm Street with the balance of the existing

commercial service areas will take place and involve road works with significantly improved

pedestrian, rail, and vehicular connections. The entrance will invite pedestrians into the

development via a paved plaza with a water feature. A tree lined boulevard will lead pedestrians

through the vibrant commercial area, which will include housing to add variety to living

accommodation.

Deeper into the site mixed residential, assisted living and potentially long term (complex) care

facilities will be developed. Each building will have ready pedestrian access to the woodlands by

way of the Hermit Trail system, over Askew Creek and to the multi family site. The Askew Creek

Hermit Trail System provides the nucleus for the trail system in this development. Trail

connections will radiate out from this network to connect with Elm Street, Victoria Road,

Chemainus Greenway, Cowichan Valley Trail, Askew Wilderness Park, to the municipally owned

parks, residential on River Road, and schools as well as the central business core.

The north entrance of the site will be landscaped and integrated with Chapman Road, Victoria

Road, and Chemainus Road.

Internal Streets

The main streets of Artisan Village will be designed to encourage an open, vibrant, transparent

streetscape utilizing safety principles so that users will feel safe and comfortable walking,

cycling, or using a scooter (see Figure 14). The primary street will eventually run through to River

Road, providing alternative access for River Road residents to downtown Chemainus. All private

and public streets on the site will address all users of the site. They are the main movement

corridors that give priority to pedestrians and provide the interconnections to the community at

large. They will include deliberate linkage with the trail system. It is the intent to design these

streets to ensure that traffic is slow moving.

Continuity with the planned trail, bio-swale, road, and sidewalk system from the south through

the property is anticipated.

The building sites will be oriented (fronting) to the public right of way. To provide pedestrian

comfort, buildings and landscaping should be the primary features. Landscaping will be used to

provide a buffer between pedestrians and vehicular traffic and between pedestrians and street

oriented individual residential front entrances. Cycling will consider both the commuter and the

recreational user.

Parking, garbage, service entrances, loading areas, mechanical systems will be placed away from

public right of ways, will not be located in front yards, and will be underground. When parking

cannot be underground, these areas will be located to the rear or side of a building and will be

well-landscaped.

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15 | P a g e

Parking stall quantities for this site should take into consideration the close proximity to the

central business area and not overwhelm the development. Quantities of parking are separately

addressed within this CDP (see Section 9). Compensation will be addressed, in part, through the

commitment to additional trails (see Amenity in the Land Use section), connectivity trails

between and through each individual development, major commitment to active transportation,

transit stops, and improved pedestrian connections at Elm/Chemainus Road, and

Chapman/Chemainus/Old Victoria Road intersections.

A master signage and wayfinding plan, which will take into consideration the various uses and

wayfinding through the site and to the surrounding areas, will be provided. The plan will include

details about the location of signs, permitted materials reflecting the “artisan” nature of the

community, and will be sized to suit the pedestrian scale of the planned community. No

individual pylon signs will be permitted except for residential apartment style buildings. These

pylon signs will not exceed 1.2 meters in height and will be designed to suit the “artisan” village

nature of the site and will be well landscaped at its base; they will only contain the name of the

building and the street address.

Figure 14. Conceptual Street Cross Section.

Public Art

Public art on the site will celebrate the historic significance of the Hermit and his trails and

Chemainus history and character (see Figures 15 and 16). Public art will be added to the site to

create interest and draw pedestrians through the site. Public art will be provided at the entrance

to the Hermit Park, and the entrance to the development at Elm Street. Within a number of

small pocket parks created at significant trail, sidewalk, and road intersections throughout the

development pedestrian amenity will be built with stone features to echo structures built by the

Hermit. The locations for public art will be determined at time of subdivision.

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16 | P a g e

Figure 15. Entrance and Street Sketches.

Figure 16. Local Example of Public Art.

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17 | P a g e

Building Design

The six over-arching and interrelated principles of building green will be used wherever possible

for building placement and construction. These include optimizing the potential of the site while

considering solar aspect, location of agricultural lands, minimizing energy usage, conserving and

protecting water, utilizing environmentally preferable products where possible, enhancing

indoor environmental quality, and optimizing operations and maintenance practices.

Buildings will have an enduring quality reflecting the best qualities of the forms and styles of the

local and unique area. Architecture will have distinct bottom, middle, and top; will have human

scale proportional massing and both horizontal and vertical articulation. The colours, materials,

and scale will be contextual (culturally and historically) with the location and function of the

building. Along the public right of way the buildings will be transparent, animated, and provide

a sense of entry. Exterior building finishes are: natural and man-made materials such as rock,

wood, hardiplank, and fibreglass shingles; vinyl siding will not be used.

Building Design will have structures that are slope adaptive and have expressive, sloping roofs

that mimic land forms and maintain the slope adaptive nature of the building (for example,

cascading roof lines.)

Individual dwelling units will front onto public road, strata road, or open space wherever

possible and will have individual at grade connections to the fronting road, strata road, or open

space.

Recognizing that parking will be located underground or in the rear, consideration will be given

to reducing the front yard setbacks for the ground floor portion of a building to help create an

active, vibrant, transparent, safe and comfortable street and to provide for greater flexibility for

site design.

Site design for the subdivision and each building will take into consideration natural forms,

features, solar aspect, and views. The site design will also take into consideration the negative

impacts of adjacent rural to reduce potential conflicts – the ALR lands adjacent to the property

should not be negatively pressured by new residents due to reasonable farm practices.

Landscaping

The goal is to conserve and restore the native forest ecosystems. The landscape design will be

natural and informal using native species where possible, with drought resistant exotics added in

some areas. Cultivated, decorative and non-indigenous planting and lawns will be actively

discouraged. Naturalized landscapes will be utilized in the design to reduce water use and

enhance wildlife. All plants and planting will be required to meet the current British Columbia

Landscape Standards.

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18 | P a g e

Design elements will be based on the Hermit trail details and fencing already on the site (see

Figure 17)).

Figure 17. Photos of Hermit Trail and Fencing Details.

7.0 Land Use

General Provisions

Figure 18 shows the general land use and layout for the site. Permitted uses will include a range

of residential uses from small lot single family to multi-family residential in the form of

townhouses and apartment condominiums. Other uses such as assisted living and long term

seniors’ facilities, and mixed commercial are also proposed. Approximately 40% of the site is

within protected areas. Phasing of the development is expected to begin with Area 1. Build-out

will likely take 10 to 15 years. Areas 1 and 2 establish minimum densities. Area 3 has a mix of

commercial and residential uses.

Affordable Housing

Affordable housing will be provided by ensuring a mix of housing types and tenures. This will

include small lots and homes, duplexes, secondary suites along with multi family style units.

In addition, 1 unit per every 15 dwelling units will be provided as affordable housing, (excluding

seniors and extended care/ assisted living housing), or there will be a contribution of $1,000 per

unit to affordable housing made to the Municipality at the time of subdivision approval for

single family and duplex lots and at issuance of a building permit for multifamily units.

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19 | P a g e

Figure 18. Land Use Areas.

Parks and Trails Amenity

In addition to provision of the Askew Creek SPEA and Hermit Trails as park, the developer will

extend the existing system of trails throughout the site to link the historic Hermit Trails to

Chemainus Town Centre, Askew Wilderness Park, planned Chemainus Greenway and the various

residential buildings with trails throughout the development.

The network of trails (see Figure 19) will be a series of mixed surface trails that will also connect

to sidewalks along tree lined streets and will include clearly marked safe road crossings. Small

pocket parks with seat walls and benches will be located along the trail system, the frequency of

which will be determined at the time of subdivision and development permit. The intent of the

seating areas is to support the older and very young trail users by allowing for sitting and

resting places; therefore, the frequency will reflect best practice for this purpose.

Provision of public parking and access to Hermit Trail Park from the planned public road will be

built at the same time as the public road. Dedication of park lands will be secured prior to

issuance of any development approval (Development Permit, Building Permit, Subdivision) for

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20 | P a g e

Areas 2 or 3, calculated, at a minimum, based on the area of the original parent parcel and as

per this CDP. Prior to issuance of Building Permit Occupancy of the 101st residential dwelling or

commercial unit (in any combination) in Areas 2 or 3, construction of the trails will be required.

A 7.5 meter strip of land along the north-east end of the municipal ball parks will be provided to

the Municipality to enhance the ball park.

Figure 19. Proposed Trails.

Land Uses for Area 1

Single and Multi-family Residential

The western portion of the Artisan Village site is the closest to schools and is intended to

provide for family oriented housing, comprised of small single family lots, duplexes and suites,.

The mix is designed to be a combination of “affordable,” “attainable” housing and “medium”

family income housing. Access to this part of the property is from Chapman Road.

Recreation

In addition to the separately identified trails and park, this area will also include amenities such

as gardens, and/or passive recreation areas. The trail system will allow access to the municipal

park and St Joseph’s School.

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21 | P a g e

Density

The minimum density for this area of the site is 15 dwelling units per developable1 hectare.

Estimated Area

The developable area of Area 1 is approximately 2.8 hectares.

1 Developable in this case will be the parcels created by subdivision that will not include the

SPEA/park areas nor the public right of way


Mixed Residential

The eastern portion of Artisan Village has ready access to the Willow Street commercial area

that includes retail, grocery, pharmacy, and professional offices. This portion of the site features

a mix of uses similar to Area 1 but with more mid and high density housing. Provision is also

made for extended care or assisted living seniors housing. Multifamily housing is comprised

primarily of townhouses to a maximum of 2.5 stories, stacked townhouse to a maximum of 3

stories, and apartment buildings to a maximum of three and four stories in height. This housing

style is designed to appeal to singles and couples looking for an alternative to the single family

home (see Figure 20). Consideration will be given to building fee-simple townhouses along the

public road as an alternative to strata townhouses. Access to this portion of the development is

from Elm Street and Chemainus Road.

Assisted Living and Long Term Care

The seniors housing option provides a combination of care/assisted living and independent

living choices in apartment style buildings with personal service care, commercial kitchen, dining

room, recreation, office, staff support, and medical support (see Figure 21). Resident and staff

parking will be a combination of clustered, covered, underground and on-street. Buildings and

parking will follow the principles outlined under the Urban Design section.

Density

The minimum density for this area of the site is 25 dwelling units per hectare.

Assisted Living Unit, with Gross Floor Area (GFA) of less than 60 m2, will have an equivalency

ratio of 2:1 calculated dwelling units per hectare. Complex Care Unit, with GFA of less than 30

m2, will have an equivalency ratio of 3:1 calculated dwelling units per hectare.

Estimated Developable Area


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22 | P a g e

Figure 20. Examples of Form.

Figure 21. Steeples Assisted Living, Island Health.

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23 | P a g e


The entrance to Artisan Village at the far eastern side of the development is envisioned as a

small commercial/residential link between the Chemainus town centre and the proposed

residential neighbourhoods in the central part of the property (see Figures 21 and 22). Accessed

from Elm Street, the concept is to preferably provide a live/work neighbourhood that has arts

and crafts, or artisan related commercial, office and studio space. A total of approximately 1,860

m2 of main floor commercial space is anticipated. Increases to the commercial space may be

considered appropriate upon the completion of a Chemainus wide commercial space needs

assessment and/or in conjunction with a Chemainus Neighbourhood Plan.

Apartments will be provided over the commercial areas, so that people may live above their

businesses or utilized as condos.

The design of this area will follow the Urban Design section of this plan. The intent is to continue

the “old town” historic character and style. Buildings will be clad with quality materials that

reflect the best of Chemainus “main street” character, will allow for weather protection for

pedestrians and sidewalk seating. Parking will be close by but away from the storefront

entrances, accommodated in open-air clusters and in underground parking garages. In keeping

with the heritage style, buildings will be articulated and varied so as to promote a sense of

individual shops and a safe comfortable pleasant pedestrian focus. Goods and services traffic

movement will be anticipated throughout the site and taken into consideration when designing

the programming of each site.

Estimated Developable Area


Figure 22. Photos of Chemainus.

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24 | P a g e

Figure 22 (Cont’d). Photos of Chemainus.

8.0 Development Approval Process

Subdivision and Project Phasing

Subdivision and project phasing will be developed utilizing the planning principles and

expectations outlined in this plan. Trails and replanted natural green space will be constructed at

each subdivision stage as determined through the subdivision process prior to development

permit. Theoretically, each identified Area could be individually phased containing separate

development pods. The development of each phase will be subject to market forces. The

developer will undertake to ensure that new property owners are aware of future uses and

phases of the project.

Development Permits

Development Permit applications will be required for each building project, in accordance with

the guidelines set out in this document and North Cowichan Development Permit Area

Guidelines.

9.0 Parking Requirements

Vehicle Parking Minimum and Maximum Requirements

The site is in close proximity to a variety of convenient services. Furthermore, a significant

system of greenways on- and off-site encourages the use of alternative transportation modes.

The following will be used to determine minimum off-street parking requirements – these

requirements will be built into the Comprehensive Development Zone established for the site:

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25 | P a g e

Townhouse or Apartment uses:

- Studio (no separate bedrooms): 0.75 stalls per dwelling unit + 1 visitor stall per 8 dwelling

units

- One and two bedrooms: 1 stall per dwelling unit + 1 visitor stall per 10 dwelling units

- Three bedrooms or more: 2 stalls per dwelling unit + 1 visitor stall per 15 dwelling units

Assisted Living (Limited to Area 2):

1 parking stall per 3 beds

Community Care Facility (Limited to Area 2):

1 parking stall per 4 beds

Commercial Uses (Limited to Area 3):

- Eating and drinking establishments: 1 stall per 20m2 used for customer circulation and

seating

- Retail: 1 stall per 46m2 is permitted with not less than 1 stall per individual store or shop

- All other use requirements shall be provided as per the Zoning Bylaw

Visitor Parking: may be located in off-street cluster parking areas, or on street.

Driveways: Driveways shall be shared between dwelling units wherever possible to ensure

adequate on-street parking areas and to reduce pedestrian area impacts.

A maximum number of stalls is permitted at 1.1 times the minimum required stalls.

All other parking regulations shall be as per the Zoning Bylaw

10.0 Anticipated Plant List

Deciduous Trees

Vine Maple (acer circinatum)

Big Leaf Maple (acer macrophyllum)

Red Alder (alnus rubra)

Pacific Dogwood (cornus nuttallii)

Black Hawthorn (cratagus douglasii)

Pacific Crabapple (malus fusca)

Bitter Cherry (prunus emarginata)

Cascara (rhamnus persiana)

50




26 | P a g e

Coniferous Trees

Shore Pine (pinus contorta contorta)

Scots Pine (pinuys sylvestris)

Douglas Fir (psuedotsuga menziesii)

Western Yew (taxus brevifolia)

Western Red Cedar (thuja plicata excelsa)

Western Hemlock (tsuga heterophylla)

Ferns

Deer fern (blechnum spicant)

Sword fern (polystichum munitum)

Shrubs/Groundcovers

Strawberry Tree (arbutus unedo)

Red twigged Dogwood (cornus stolonifera)

Beaked Hazelnut (corylus cornuta)

Salal (gaulteria shallon)

Ocean Spray (holodiscus discolor)

Lavender (lavenduala angustifolia)

Oregon Grape (mahonia nervosa)

Indian Plum (oemleria cerasiformis)

Mock orange (philadelphus lewisii)

Pacific Rhododendron (rhododendron macrophyllum)

Red-flowering currant (ribes sanguineum)

Nootka Rose (rosa nutkana)

Red Elderberry (sambucus racemosa)

Evergreen huckleberry (vaccinium ovatum)

Red Huckleberry (vaccinium parviflora)

Davids Viburnum (viburnum davidii)

Grasses/Perennials

Switch Grass (pannicum virgatum ‘Heavy Metal’)

Fountain Grass (pennisetum alopecuroides)

New Zealand Flax (phormium tenax)

Mexican Feather Grass (stipa tenuissima)

51

BYLAW 3589

Zoning Amendment Bylaw (No. 4 – Chemainus Artisan

Village Comprehensive Development Zone [CD6]), 2015


1 This bylaw amends “Zoning Bylaw,” No. 2950, by repealing section 80.6 [Chemainus

Artisan Village Comprehensive Development Zone (CD6)] and substituting the following:

CHEMAINUS ARTISAN VILLAGE COMPREHENSIVE DEVELOPMENT ZONE (CD6)

Permitted Uses

80.6 (1) The permitted uses for Areas 1 to 5 of the CD6 zone, as shown on Schedule “H”, attached to

and forming part of this bylaw, are as follows:

(a) Area 1

(i) Limited Home-based Business

(ii) Secondary Suite

(iii) Single Family Dwelling

(iv) Stacked Townhouse

(v) Townhouse

(vi) Two Family Dwelling

(b) Area 2

(i) Apartment

(ii) Assisted Living

(iii) Community Care Facility

(iv) Community Garden

(v) Congregate Housing

(vi) Limited Home-based Business

(vii) Personal Care Use

(viii) Stacked Townhouse

(ix) Townhouse

(c) Area 3

(i) Apartment

(ii) Artisan Studio

(iii) Daycare

(iv) Gallery

(v) Hotel Small Scale

52

(vi) Laundromat

(vii) Limited Home-based Business

(viii) Live-work Studio

(ix) Mixed-use Building

(x) Museum

(xi) Office (above ground floor)

(xii) Personal Service

(xiii) Professional Office (above ground floor)

(xiv) Recreational Facility Small Scale

(xv) Restaurant

(xvi) Retail Store

(xvii) Stacked Townhouse

(xviii) Townhouse

(d) Areas 4 and 5

(i) Open Space

(ii) Public Use

(iii) Trails

Density

(2) (a) The maximum permitted density for the CD6 zone is as follows:

(i) the maximum gross floor area of a laundromat is 100 m2 (1,076.39 sq. ft.)

(ii) the maximum gross floor area of a museum is 200 m2 (2,152.78 sq. ft.)

(iii) the maximum gross floor area of a recreation facility small scale is 200 m2

(2,152.78 sq.

ft.)

(iv) the maximum gross floor area of a retail store is 200 m2 (2,152.78 sq. ft.)

(b) The minimum density of residential dwelling units per hectare is as follows:

Area 1

Area 2

Minimum permitted density 15 25

(c) Despite subsection (b), the density for congregate housing, assisted living and community

care facility uses in Area 2 is as follows:

(i) three units each smaller than 30 m2 (322.92 sq. ft.) is equal to one dwelling unit,

(ii) two units each larger than 30 m2 (322.92 sq. ft) but smaller than 60 m

2 (645.83 sq. ft) is

equal to one dwelling unit, and

(iii) a unit larger than 60 m2 (645.83 sq. ft) is equal to one dwelling unit.

Parking

(3) (a) Despite Section 21, the uses in the table below have the associated off-street minimum

parking requirements in the CD6 zone.

Use Minimum Parking Requirements

Multi-family

Residential dwelling

unit, no bedrooms

0.75 parking space per dwelling unit without bedrooms, and

1.0 designated visitor parking space per 8 dwelling units

53

Use Minimum Parking Requirements

Multi-family


unit, one or two

bedrooms

1.0 parking space per dwelling unit with one or two

bedrooms, and


Multi-family


unit, three bedrooms

or more

2.0 parking spaces per dwelling unit with three or more

bedrooms, and


Assisted Living 1.0 parking space per 3 beds, and 1.0 passenger unloading

stall per 40 beds or at minimum 1 per building

Community Care

Facility

1.0 parking space per 4 beds and 1.0 passenger unloading

stall per 40 beds or at minimum 1 per building

Restaurant 1.0 parking space per 20 m

2 used for customer circulation and

seating

Retail

1.0 parking space per 46 m2 or at a minimum 1 space per

individual store or shop

(b) In addition, all required parking in the CD6 zone must meet the following:

(i) the size, quantity and access to parking spaces for seniors and persons with disabilities

must meet or exceed the requirement of the B.C. Building Code;

(ii) no off-street parking is permitted in the front of apartment buildings in Area 2, and no

off-street parking is permitted in the front any building in Area 3;

(iii) visitor parking may be located in off-street parking lots, or on-street in Area 1 and

Area 2;

(iv) visitor parking in Area 3 must be located off-street;

(v) all required parking spaces must be paved, marked, numbered, curbed, illuminated,

and drained;

(vi) all parking areas must be screened from all adjacent uses and streets by a landscaped

screen not less than 1.5 m (4.92 ft.) wide;

(vii) all required parking areas must group all parking spaces in clusters of a maximum of 8

spaces with landscaping consisting of trees and shrubs between clusters, and such

landscaping must be considered as meeting a portion of the required site landscaping

requirements;

(viii) Sections 17 to 21 apply for all other parking requirements;

(ix) where conflicts exist between parking requirements in Section 17 to 21, the

requirements set out in this zone prevail.

Driveways

(4) The minimum permitted setback from a vehicle entrance of a principal or accessory building to a

highway or strata road, other than a lane, is 6.0 m (19.69 ft.).

Bicycle Parking Minimum Requirements

(5) Minimum off-street bicycle parking stall requirements are as follows:

54

Use Bicycle Parking Stall,

Class I

Bicycle Parking Stall,

Class II

Multi-family (where parking is

in parking lot or underground

parking)

1 space per 4 dwelling

units

1 space per 2.5

dwelling units

Congregate Housing, Assisted

Living

1 space per 10 residential

units

1 space per 10

residential units

Community Care Facility 1 space per 10 beds 1 space per 20 beds

Hotel small scale 1 space per 5 sleeping

rooms

1 space per 10

sleeping rooms

Live-Work 1 space per each live-

work unit

1 space per 3 live-

work units

Mixed Use Building Per individual use Per individual use

Retail, Personal Service, Office,

Professional Office, Museum,

Laundromat, Artisan Studio,

Gallery

1 space per 400 m2

(4,305.56 sq. ft.)

(minimum 1 space)

1 space per 100 m2

(1,076.39 sq. ft.)

Restaurants

1 space per 250 m2

(2,690.98 sq. ft.)

(minimum 1 space)

1 space per 100 m2

(1,076.39 sq. ft.)

Recreational Facility Small

Scale

1 space per 250 m2

(2,690.98 sq. ft.)

(minimum 1 space)

1 space per 25m2

(269.09 sq. ft.)

Offices

1 space per 200 m2

(2,152.78 sq. ft.)

(minimum 1 space)

1 space per 100 m2

(1,076.39 sq. ft.)

Regulatory Conditions

(6) The regulatory conditions in the following table apply to:

(a) Area 1 - Single and Two Family:

Description Single Family Dwelling Two Family Dwelling

Minimum lot area 400 m2 (4,305.60 sq. ft.) 650 m

2 (6,996.60 sq. ft.)

Minimum frontage 12.0 m (39.37 ft.), except

that the minimum

frontage within a cul-de-

sac is 6.5 m (21.33 ft.)

23.0 m (75.46 ft.), except

that the minimum

frontage within a cul-de-

sac is 6.5 m (21.33 ft.)

Maximum Lot Coverage 40% 40%

Minimum Setbacks:

Principal Building

- yard, front

- yard, side

- yard, rear

- yard, driveway

Accessory Building

4.0 m (13.12 ft.)

1.5 m (4.92 ft.)

4.0 m (13.12 ft.)

5.8 m (19.03 ft.)

4.0 m (13.12 ft.)

1.5 m (4.92 ft.)

5.0 m (16.40 ft.)

5.8 m (19.03 ft.)

55

Description Single Family Dwelling Two Family Dwelling

- yard, front

- yard, side

- yard, rear

5.0 m (16.40 ft.)

1.0 m (3.28 ft.)

1.0 m (3.28 ft.)

5.0 m (16.40 ft.)

1.0 m (3.28 ft.)

1.0 m (3.28 ft.)

Maximum Height:

Principal Building

Accessory Building

9.0 m (29.53 ft.)

5.0 m (16.40 ft.)

10.0 m (32.80 ft.)

5.0 m (16.40 ft.)

(b) Area 1 and 2 - Multi-Family:

Description Townhouse Stacked

Townhouse Apartments

Minimum lot area 1,000 m

2

(10,763.91 sq. ft.)

1,000 m2

(10,763.91 sq. ft.)

1,000 m2

(10,763.91 sq. ft.)

Minimum frontage 25.0 m

(82.02 ft.)

25.0 m

(82.02 ft.)

25.0 m

(82.02 ft.)

Maximum Lot Coverage 50% 50% 50%

Minimum Setbacks:

Principal Building

- yard, front (without front

yard parking)

- yard, front (with front

yard parking)

- yard, side

- yard rear

- yard, rail right-of-way

Accessory Building

- yard, front

- yard, side

- yard, rear


2.5 m (8.20 ft.)

5.8 m (19.03 ft.)

3.0 m (9.84 ft.)

4.0 m (13.12 ft.)

10.0 m (32.81 ft.)

6.0 m (19.69 ft.)

3.0 m (9.84 ft.)

5.0 m (16.40 ft.)

5.0 m (16.40 ft.)

2.5 m (8.20 ft.)

5.8 m (19.03 ft.)

3.0 m (9.84 ft.)

4.0 m (13.12 ft.)

10.0m (32.81 ft.)

6.0 m (19.69 ft.)

3.0 m (9.84 ft.)

5.0 m (16.40 ft.)

5.0 m (16.40 ft.)

2.5 m (8.20 ft.)

5.0 m (16.40 ft.)

5.0 m (16.40 ft.)

10.0 m (32.81 ft.)

6.0 m (19.69 ft.)

1.5 m (4.92 ft.)

1.5 m (4.92 ft.)

5.0 m (16.40 ft.)

Maximum Eaveline Height 7.0 m (22.97 ft.) 8.5 m (27.89 ft.) 11.0 m (36.09 ft.)

Minimum Roof Slope 5:12 5:12 5:12

Maximum Height:

Principal Building

Accessory Building

9.0 m (29.52 ft.)

5.0 m (16.40 ft.)

10.0 m 32.81 ft.)

5.0 m (16.40 ft.)

14.0 m 45.93 ft.)

5.0 m (16.40 ft.)

Maximum Storeys 2.5 storeys 3.5 storeys 4.5 storeys

Minimum Building

Separation 4.0 m (13.12 ft.) 4.0 m (13.12 ft.) 8.0 m (26.25 ft.)

Minimum Landscaped

Open Space 25% 25% 25%

Minimum Outdoor Private

Amenity Space per Dwelling

Unit

7.4 m2 (79.65 sq.

ft.) in area with a

minimum

horizontal

dimension of 3.0

m (9.84 ft.)

Ground floor

units: 7.4 m2

(79.65 sq. ft.) in

area with a

minimum

horizontal

dimension of 3.0

m (9.84 ft.).

Ground floor

units: 7.4 m2

(79.65 sq. ft.) in

area with a

minimum

horizontal

dimension of 3.0

m (9.84 ft.).

56


Townhouse Apartments

Above grade

units: 4.75 m2

51.13 sq. ft.) in

area with a

minimum

horizontal

dimension of 2.0

m (6.56 ft.)

Above grade

units: 4.75 m2

51.13 sq. ft.) in

area with a

minimum

horizontal

dimension of 2.0

m (6.56 ft.)

(c) Area 3 - Multi-Family and Commercial:


Townhouse

Apartment/

Mixed Use

and/or

Commercial

Building

Minimum lot area 1,000 m

2

(10,763.91 sq. ft.)

1,000 m2

(10,763.91 sq. ft.)

1,000 m2

(10,763.91 sq. ft.)

Minimum frontage 25.0 m (82.02 ft.) 25.0 m (82.02 ft.) 25.0 m (82.02 ft.)

Maximum Lot Coverage 50% 50% 50%

Minimum Setbacks:

Principal Building

- yard, front (without front

yard parking)

- yard, front (with front

yard parking)

- yard, side

- yard rear


Accessory Building

- yard, front

- yard, side

- yard, rear


2.5 m (8.20 ft.)

5.8 m (19.03 ft.)

3.0 m (9.84 ft.)

4.0 m (13.12 ft.)

10.0 m (32.81 ft.)

6.0 m (19.69 ft.)

1.5 m (4.92 ft.)

1.5 m (4.92 ft.)

5.0 m (16.40 ft.)

2.5 m (8.20 ft.)

5.8 m (19.03 ft.)

3.0 m (9.84 ft.)

4.0 m (13.12 ft.)

10.0m (32.81 ft.)

6.0 m (19.69 ft.)

1.5 m (4.92 ft.)

1.5 m (4.92 ft.)

5.0 m (16.40 ft.)

2.5 m (8.20 ft.)

5.0 m (16.40 ft.)

5.0 m (16.40 ft.)

10.0 m (32.81 ft.)

6.0 m (19.69 ft.)

1.5 m (4.92 ft.)

1.5 m (4.92 ft.)

5.0 m (16.40 ft.)

Maximum Eaveline Height 7.0 m (22.97 ft.) 8.5 m (27.89 ft.) 11.0 m (36.09 ft.)

Minimum Height, Principal

Building 9.0 m (29.53 ft.)

Maximum Height:

Principal Building

Accessory Building

9.0 m (29.53 ft.)

5.0 m (16.40 ft.)

10.0 m (32.81 ft.)

5.0 m (16.40 ft.)

11.0 m (36.09 ft.)

5.0 m (16.40 ft.)

Maximum Storeys 2.5 storeys 3.5 storeys 3.5 storeys

Minimum Building

Separation 4.0 m (13.12 ft.) 4.0 m (13.12 ft.) 6.0 m (19.69 ft.)

Minimum Landscaped

Open Space 25% 25% 25%

Minimum Outdoor Private

Amenity Space per

7.4 m2 (79.65 sq.

ft.) in area with a

Ground floor

units: 7.4 m2

4.75 m2 51.13 sq.

ft.) in area with a

57


Townhouse

Apartment/

Mixed Use

and/or

Commercial

Building

Dwelling Unit minimum

horizontal

dimension of 2.4

m (7.87 ft.)

(79.65 sq. ft.) in

area with a

minimum

horizontal

dimension of 3.0

m (9.84 ft.).

Above grade

units: 4.75 m2

51.13 sq. ft.) in

area with a

minimum

horizontal

dimension of 2.0

m (6.56 ft.).

minimum

horizontal

dimension of 2.0

m (6.56 ft.).

Conditions of Use

(7) (a) Area 1

The conditions of use for Area 1 are as follows:

(i) the maximum permitted height of all fences is 1.2 m (3.94 ft.) with the exception that

individual dwelling unit rear yard privacy fences must not exceed 2.0 m (6.56 ft.) in

height.

(b) Area 2


(i) The maximum permitted height of all fences is 1.2 m (3.94 ft.) with the exception that


height.

(c) Area 3


(i) Maximum permitted height of all fences is 1.2 m (3.92 ft.) with the exception that


height.

(ii) Commercial uses that introduce or produce malodorous, toxic or noxious matters, or

generate excessive vibration, heat, glare, noise, or radiation or create hazardous

substances are not permitted within 20 m (65.62 ft.) of a residential dwelling unit.

(iii) A landscaped area, consisting of trees and shrubs and low fencing, not less than 1.5 m

(4.92 ft.) wide must be provided along the entire length of a lot line that abuts a

residential use (Area 2).

58

General

(8) In the event of conflict between the provisions of Part 1 to 5 of this bylaw and the provisions of

this zone, the provisions of the CD6 zone prevail.

SCHEDULE “H”

CHEMAINUS ARTISAN VILLAGE

COMPREHENSIVE DEVELOPMENT ZONE MAP

_______________________

READ a first time on September 2, 2015 READ a second time on CONSIDERED at a Public Hearing on READ a third time on ADOPTED on


AREA 1

AREA 4

AREA 2 AREA 3

AREA 5

59

BYLAW 3590

Artisan Village Housing Agreement Amendment Bylaw, 2015


1 This bylaw amends the Schedule of “Artisan Village Housing Agreement Bylaw, 2010”

No. 3429, by

(a) striking out all occurrences of the word “District” and substituting the

word “Municipality,” and

(b) repealing section 2.1 [Quantity of Rental Housing Units] and substituting

the following:

“2.1 Quantity of Rental Housing Units

(a) The quantity of Rental Housing Units created by this Agreement is to be calculated as follows:

i. one Rental Housing Unit for every fifteen Dwelling Units (townhouses and stacked townhouses) constructed on the Lands located in Area 1, as shown in Appendix “A” attached to this Agreement; and

ii. one Rental Housing Unit for every fifteen Dwelling Units (apartments, townhouses and stacked townhouses) that are not developed as assisted living accommodation, community care facilities, or congregate housing located in Area 2, as shown in Appendix “A”.

(b) Despite section 2.1 (a), in lieu of physically providing Rental Housing Units under this Agreement, the owner may instead provide a $1,000.00 monetary contribution to the Municipality’s Affordable Housing Reserve Fund for each Dwelling Unit proposed to be constructed on the Lands, to be paid at the subdivision stage for single or two-family dwellings and at the building permit stage for multi-family dwellings.

(c) In Area 1 the following must apply:

i. no more than 50% of Rental Housing Units will be one bedroom units;

ii. no less than 25% of Rental Housing Units will be two bedroom units;

60

iii. the balance of Rental Housing Units will be units of three bedrooms or more.

(d) In Area 2 the following must apply:

i. no more than 60% of Rental Housing Units will be one bedroom units; ii. no less than 25% of the Rental Housing Units will be two bedroom units.”

_______________________

READ a first time on September 2, 2015 READ a second time on READ a third time on ADOPTED on


61

BYLAW 3591

Fees Amendment Bylaw (No. 2), 2015

The Council of The Corporation of the District of North Cowichan, enacts as follows:

1 Item 22 of Section 1 of the Schedule of the “Fees Bylaw,” No. 3565, is repealed and the

following substituted:

ADMINISTRATION FEES (Section 1)

Item Column 1

Description

Column 2

Amount

22 Land Title registrations, releases, charges and legal notations

Note: No fee is charged to register a notice under s. 57 of the Community Charter. $200

2 Section 13 of the Schedule of the “Fees Bylaw,” No. 3565, is repealed and the following

substituted:

PLANNING FEES (Section 13)

Item Column 1

Fee Description

Column 2

Amount

1 Agricultural Land Reserve (ALR) non-farm use application $300 + ALR fees

2 ALR exclusion application $300 + ALR fees

3 ALR – subdivision within ALR $300 + ALR fees

4 Board of Variance $1,000

5 Bylaw Amendment – Official Community Plan Note: Includes advertising fees.

$2,500

6 Bylaw Amendment – Zoning Bylaw Note: Includes advertising fees. Fees will be refunded for LEED certified development.

$2,500

7 Bylaw Amendment – Concurrent Official Community Plan Bylaw and Zoning Bylaw Note: Includes advertising fees. Fees will be refunded for LEED certified development.

$3,000

8 Chemainus Cash-in-lieu of Parking $8,000 per parking space

9 Development Permit Area 1* – General – major (larger than 200m

2)

Note: Fees will be refunded for LEED certified development. $1,200

10 Development Permit Area 1* – General– minor (less than 200m2)

Note: Fees will be refunded for LEED certified development. $600

11 Development Permit Area 2* – Marine Waterfronts $600

12 Development Permit Area 3* – Natural Environment $600

13 Development Permit Area 4* – Hazard Lands $600

14 Development Permit Area 5* – Farm Land Protection $600

15 Development Permit – Amendment $600

16 Development Permit Extension $600

17 Development Variance Permit $1,000 + $50 per additional lot

18 Preliminary Layout Acceptance (PLA) – Fee Simple $750 + $250 per lot

62

PLANNING FEES (Section 13)

Item Column 1

Fee Description

Column 2

Amount

19 Preliminary Layout Acceptance (PLA) – Bare Land Strata $750 + $250 per strata lot

20 Preliminary Layout Acceptance (PLA) – Phased Building Strata $750 + $250 per phase

21 Preliminary Layout Acceptance (PLA) – Strata Conversion $750 + $250 per strata unit

22 Subdivision – Final Approval (all types) Note: Excludes $50 plan examination fee established by the Local Government Act.

$500

23 Subdivision – PLA Extension $500

24 Subdivision – PLA Amendment $500

25 Temporary Mobile Home Permit $600

26 Temporary Mobile Home Annual Renewal $150

27 Temporary Use Permit $2,000

*Note: If a project requires multiple development permits, only the highest development permit fee will be charged.


substituted:

RECREATION FEES COWICHAN AQUATIC CENTRE

INDIVIDUAL ADMISSIONS1

(Section 16) Item Column 1

Description Column 2 Amount

1 Infant $0

2 Pre-schooler (age 2 to 6) – Single Admission $2

3 Pre-schooler (age 2 to 6) – 10 Tickets $19

4 Pre-schooler (age 2 to 6) – 1-month Pass $24

5 Pre-schooler (age 2 to 6) – 6-month Gold Pass $120

6 Pre-schooler (age 2 to 6) – Annual Gold Pass $240

7 Pre-schooler (age 2 to 6) – Lifestyle Pass $127

8 Pre-schooler (age 2 to 6) – Multi-Day Pass (3 consecutive days) $4.50



11 Child (age 7 to 12) – Single Admission $3

12 Child (age 7 to 12) – 10 Tickets $26.10

13 Child (age 7 to 12) – 1-month Pass $33

14 Child (age 7 to 12) – 6-month Gold Pass $165

15 Child (age 7 to 12) – Annual Gold Pass $330

16 Child (age 7 to 12) – Lifestyle Pass $175

17 Child (age 7 to 12) – Multi-Day Pass (3 consecutive days) $6.75



20 Youth (age 13+ with valid full-time student ID) – Single Admission $4.25

21 Youth (age 13+ with valid full-time student ID) – 10 Tickets $40.40

22 Youth (age 13+ with valid full-time student ID) – 1-month Pass $51

23 Youth (age 13+ with valid full-time student ID) – 6-month Gold Pass $255

24 Youth (age 13+ with valid full-time student ID) – Annual Gold Pass $510

25 Youth (age 13+ with valid full-time student ID) – Lifestyle Pass $270

26 Youth (age 13+ with valid full-time student ID) – Multi-Day Pass (3 consecutive days)

$9.75

1 Taxes included for all items in this section

63


INDIVIDUAL ADMISSIONS1

(Section 16) Item Column 1

Description Column 2 Amount


$13.00


$16.25

29 Adult (Age 19 to 54) – Single Admission $6

30 Adult (Age 19 to 54) – 10 Tickets $54.60

31 Adult (Age 19 to 54) – 1-month Pass $69

32 Adult (Age 19 to 54) – 6-month Gold Pass $345

33 Adult (Age 19 to 54) – Annual Gold Pass $690

34 Adult (Age 19 to 54) – Lifestyle Pass $365

35 Adult (Age 19 to 54) – Multi-Day Pass (3 consecutive days) $13.50



38 Adult (Age 55 and older) – Single Admission $4.50

39 Adult (Age 55 and older) – 10 Tickets $40.40

40 Adult (Age 55 and older) – 1-month Pass $51

41 Adult (Age 55 and older) – 6-month Gold Pass $255

42 Adult (Age 55 and older) – Annual Gold Pass $510

43 Adult (Age 55 and older) – Lifestyle Pass $270

44 Adult (Age 55 and older) – Multi-Day Pass (3 consecutive days) $10.50



47 Commercial User $12

48 Special Event Admission (Note: no charge for infants) $5

49 Special Event Discount Admission – Pre-schooler, child or youth $1

50 Special Event Discount Admission – Adult $2


substituted:


FAMILY ADMISSIONS2

(Section 17)

Item Column 1 Description

Column 2 Amount

1 Infant $0

2 Pre-schooler (age 2 to 6) – Single Admission $1.50

3 Pre-schooler (age 2 to 6) – 10 Tickets $14.20


5 Pre-schooler (age 2 to 6) – 6-month Gold Pass $90

6 Pre-schooler (age 2 to 6) – Annual Gold Pass $180

7 Child (age 7 to 12) – Single Admission $2.50



10 Child (age 7 to 12) – 6-month Gold Pass $135

11 Child (age 7 to 12) – Annual Gold Pass $270


64




15 Youth (age 13+ with valid full-time student ID) – 6-month Gold Pass $195

16 Youth (age 13+ with valid full-time student ID) – Annual Gold Pass $390

17 Adult (Age 19 and over) – Single Admission $4.50

18 Adult (Age 19 and over) – 10 Tickets $40.40

19 Adult (Age 19 and over) – 1-month Pass $51

20 Adult (Age 19 and over) – 6-month Gold Pass $255

21 Adult (Age 19 and over) – Annual Gold Pass $510

22 Second Adult (Age 19 and over) – Single Admission $3.50

23 Second Adult (Age 19 and over) – 10 Tickets $30.80

24 Second Adult (Age 19 and over) – 1-month Pass $39

25 Second Adult (Age 19 and over) – 6-month Pass $195

26 Second Adult (Age 19 and over) – Annual Pass $390

Note: A family, for admission purposes, consists of persons related through marriage or common-law, blood relationship, legal adoption or legal guardianship, and must include a youth, child, pre-schooler or infant.


substituted:


HOURLY ROOM RENTALS3

(Section 18)


Column 2 Amount

1 Child-minding Room – Commercial $38.14

2 Child-minding Room – Adult Aquatic User Group or Private User $22.93

3 Child-minding Room – Senior, Student, Youth or Child – Aquatic User $21.79

4 Child-minding Room – School Group $21.79

5 Child-minding Room – Local Non-profit Group $21.79

6 Fitness Centre – Commercial $468.49

7 Fitness Centre – Adult Aquatic User Group or Private User $331.20

8 Fitness Centre – Senior, Student, Youth or Child – Aquatic User $272.38

9 Fitness Centre – School Group $231.52

10 Fitness Centre – Local Non-profit Group $272.38

11 Fitness Room South – Commercial $54.48

12 Fitness Room South – Adult Aquatic User Group or Private User $41.41

13 Fitness Room South – Senior, Student, Youth or Child – Aquatic User $26.15

14 Fitness Room South – School Group $26.15

15 Fitness Room South – Local Non-profit Group $41.41

16 Group Fitness Room – Commercial $54.48

17 Group Fitness Room – Adult Aquatic User Group or Private User $41.41

18 Group Fitness Room – Senior, Student, Youth or Child – Aquatic User $26.15

19 Group Fitness Room – School Group $26.15

20 Group Fitness Room – Local Non-profit Group $41.41

21 Party Room (Full) – Commercial $38.14


65


HOURLY ROOM RENTALS3

(Section 18)


Column 2 Amount

22 Party Room (Full) – Adult Aquatic User Group or Private User $22.88

23 Party Room (Full) – Senior, Student, Youth or Child – Aquatic User $21.79

24 Party Room (Full) – School Group $21.79

25 Party Room (Full) – Local Non-profit Group $21.79

26 Party Room (Half) – Commercial $29.42

27 Party Room (Half) – Adult Aquatic User Group or Private User $20.70

28 Party Room (Half) – Senior, Student, Youth or Child – Aquatic User $17.43

29 Party Room (Half) – School Group $17.43

30 Party Room (Half) – Local Non-profit Group $17.43

31 Upstairs Meeting Room – Commercial $29.42

32 Upstairs Meeting Room – Adult Aquatic User Group or Private User $20.70

33 Upstairs Meeting Room – Senior, Student, Youth or Child – Aquatic User Group

$17.43

34 Upstairs Meeting Room – School Group $17.43

35 Upstairs Meeting Room – Local Non-profit Group $17.43


substituted:


HOURLY AQUATIC RENTALS – PRIME TIME4

(Section 19)

Item Column 1

Description

Column 2

Amount

1 Competitive Pool – Competition – Commercial $348.64

2 Competitive Pool – Competition – Adult User Group or Private User $174.32

3 Competitive Pool – Competition – Child, Youth or Senior Group $130.74

4 Competitive Pool – Competition – School Group $104.59

5 Competitive Pool – Competition – Local Non-profit Group $156.88

6 Competitive Pool – Full Pool – Commercial $305.07

7 Competitive Pool – Full Pool – Adult User Group or Private User $152.53

8 Competitive Pool – Full Pool – Child, Youth or Senior Group $114.40

9 Competitive Pool – Full Pool – School Group $91.52

4

(1) Taxes included for all items in this section. (2) For the above rentals, “Prime Time” is defined as Monday through Friday 3 pm to 5 am, Saturday and Sunday 12 pm to 5 am, and

statutory holidays. (3) For non-commercial competitive events:

(a) Competition Pool rental only, minimum of 4 hours in a single day includes the following: (i) use of either the Child-minding Room or Full Party Room for the duration of the competition, and (ii) set-up and take down (maximum of 1 hour pre and 1 hour post-competition times).

(b) Full complex rental (wave and competitive pools), minimum of 4 hours in a single day, includes the following: (i) use of both the Child-minding Room and Full Party Room for the duration of the competition, and (ii) set-up and take down (maximum of 1 hour pre and 1 hour post-competition times).

66



(Section 19)

Item Column 1

Description

Column 2

Amount

10 Competitive Pool – Full Pool – Local Non-profit Group $137.27

11 Competitive Pool – Half Pool – Commercial $152.53

12 Competitive Pool – Half Pool – Adult User Group or Private User $76.26

13 Competitive Pool – Half Pool – Child, Youth or Senior Group $57.20

14 Competitive Pool – Half Pool – School Group $45.75

15 Competitive Pool – Half Pool – Local Non-profit Group $68.64

16 Competitive Pool – Full Lane – Commercial $39.22

17 Competitive Pool – Full Lane – Adult User Group or Private User $19.62

18 Competitive Pool – Full Lane – Child, Youth or Senior Group $14.71

19 Competitive Pool – Full Lane – School Group $11.77

20 Competitive Pool – Full Lane – Local Non-profit Group $17.66

21 Competitive Pool – Half Lane – Commercial $19.62

22 Competitive Pool – Half Lane – Adult User Group or Private User $9.81

23 Competitive Pool – Half Lane – Child, Youth or Senior Group $7.35

24 Competitive Pool – Half Lane – School Group $5.89

25 Competitive Pool – Half Lane – Local Non-profit Group $8.82

26 Wave Pool – Full Pool – Commercial $305.07

27 Wave Pool – Full Pool – Adult User Group or Private User $152.53

28 Wave Pool – Full Pool – Child, Youth or Senior Group $114.40

29 Wave Pool – Full Pool – School Group $91.52

30 Wave Pool – Full Pool – Local Non-profit Group $137.27

31 Wave Pool – Lane – Commercial $39.22

32 Wave Pool – Lane – Adult User Group or Private User $19.62

33 Wave Pool – Lane – Child, Youth or Senior Group $14.71

34 Wave Pool – Lane – School Group $11.77

35 Wave Pool – Lane – Local Non-profit Group $17.66

36 Water Slide $49.04

37 Full Aquatic Centre – Competition – Commercial $544.74

38 Full Aquatic Centre – Competition – Adult User Group or Private User $272.38

39 Full Aquatic Centre – Competition – Child, Youth or Senior Group $204.29

40 Full Aquatic Centre – Competition – School Group $163.42

41 Full Aquatic Centre – Competition – Local Non-profit Group $245.14

42 Full Aquatic Centre – Private Rental – Commercial $610.12

43 Full Aquatic Centre – Private Rental – Adult User Group or Private User $305.07

44 Full Aquatic Centre – Private Rental – Child, Youth or Senior Group $228.79

45 Full Aquatic Centre – Private Rental – School Group $183.04

46 Full Aquatic Centre – Private Rental – Local Non-profit Group $274.56

47 Full Complex – Competition – Commercial $871.60

48 Full Complex – Competition – Adult User Group or Private User $435.80

49 Full Complex – Competition – Child, Youth or Senior Group $326.80

67



(Section 19)

Item Column 1

Description

Column 2

Amount

50 Full Complex – Competition – School Group $261.48

51 Full Complex – Competition – Local Non-profit Group $392.22

52 Full Complex – Private Rental – Commercial $1,307.38

53 Full Complex – Private Rental – Adult User Group or Private User $653.69

54 Full Complex – Private Rental – Child, Youth or Senior Group $490.27

55 Full Complex – Private Rental – School Group $392.22

56 Full Complex – Private Rental – Local Non-profit Group $588.33

57 Other – Lifeguard or Instructor $32.69

58 Other – Aquatic Attendant $21.79


substituted:


HOURLY AQUATIC RENTALS – NON-PRIME TIME5

(Section 20)

Item Column 1

Description

Column 2

Amount

1 Competitive Pool – Competition – Commercial $296.35

2 Competitive Pool – Competition – Adult User Group or Private User $148.18

3 Competitive Pool – Competition – Child, Youth or Senior Group $111.14

4 Competitive Pool – Competition – School Group $88.90

5 Competitive Pool – Competition – Local Non-profit Group $133.36

6 Competitive Pool – Full Pool – Commercial $259.30

7 Competitive Pool – Full Pool – Adult User Group or Private User $129.66

8 Competitive Pool – Full Pool – Child, Youth or Senior Group $97.24

9 Competitive Pool – Full Pool – School Group $77.80

10 Competitive Pool – Full Pool – Local Non-profit Group $116.68

11 Competitive Pool – Half Pool – Commercial $129.66

12 Competitive Pool – Half Pool – Adult User Group or Private User $64.82

13 Competitive Pool – Half Pool – Child, Youth or Senior Group $49.03

14 Competitive Pool – Half Pool – School Group $38.90

15 Competitive Pool – Half Pool – Local Non-profit Group $58.34

5

(1) Taxes included for all items in this section. (2) For the above rentals, “Prime Time” is defined as Monday through Friday 3 pm to 5 am, Saturday and Sunday 12 pm to 5 am, and

statutory holidays. (3) For non-commercial competitive events:

(a) Competition Pool rental only, minimum of 4 hours in a single day includes the following: (i) use of either the Childminding Room or Full Party Room for the duration of the competition, and (ii) set-up and take down (maximum of 1 hour pre and 1 hour post-competition times).

(b) Full complex rental (wave and competitive pools), minimum of 4 hours in a single day, includes the following: (i) use of both the Childminding Room and Full Party Room for the duration of the competition, and (ii) set-up and take down (maximum of 1 hour pre and 1 hour post-competition times).

68



(Section 20)

Item Column 1

Description

Column 2

Amount

16 Competitive Pool – Full Lane – Commercial $33.34

17 Competitive Pool – Full Lane – Adult User Group or Private User $16.67

18 Competitive Pool – Full Lane – Child, Youth or Senior Group $12.51

19 Competitive Pool – Full Lane – School Group $10.01

20 Competitive Pool – Full Lane – Local Non-profit Group $15

21 Competitive Pool – Half Lane – Commercial $16.67

22 Competitive Pool – Half Lane – Adult User Group or Private User $8.34

23 Competitive Pool – Half Lane – Child, Youth or Senior Group $6.26

24 Competitive Pool – Half Lane – School Group $5

25 Competitive Pool – Half Lane – Local Non-profit Group $7.51

26 Wave Pool – Full Pool – Commercial $259.30

27 Wave Pool – Full Pool – Adult User Group or Private User $129.13

28 Wave Pool – Full Pool – Child, Youth or Senior Group $97.24

29 Wave Pool – Full Pool – School Group $77.80

30 Wave Pool – Full Pool – Local Non-profit Group $116.68

31 Wave Pool – Lane – Commercial $33.34

32 Wave Pool – Lane – Adult User Group or Private User $16.67

33 Wave Pool – Lane – Child, Youth or Senior Group $12.51

34 Wave Pool – Lane – School Group $10.01

35 Wave Pool – Lane – Local Non-profit Group $15

36 Water Slide $49.04

37 Full Aquatic Centre – Competition – Commercial $463.03

38 Full Aquatic Centre – Competition – Adult User Group or Private User $231.52

39 Full Aquatic Centre – Competition – Child, Youth or Senior Group $173.65

40 Full Aquatic Centre – Competition – School Group $138.91

41 Full Aquatic Centre – Competition – Local Non-profit Group $208.37

42 Full Aquatic Centre – Private Rental – Commercial $518.60

43 Full Aquatic Centre – Private Rental – Adult User Group or Private User $259.30

44 Full Aquatic Centre – Private Rental – Child, Youth or Senior Group $194.48

45 Full Aquatic Centre – Private Rental – School Group $155.58

46 Full Aquatic Centre – Private Rental – Local Non-profit Group $233.37

47 Full Complex – Competition - Commercial $740.86

48 Full Complex – Competition – Adult User Group or Private User $370.43

49 Full Complex – Competition – Child, Youth or Senior Group $277.82

50 Full Complex – Competition – School Group $222.26

51 Full Complex – Competition – Local Non-profit Group $333.39

52 Full Complex – Private Rental - Commercial $1,111.27

53 Full Complex – Private Rental – Adult User Group or Private User $555.64

54 Full Complex – Private Rental – Child, Youth or Senior Group $416.73

55 Full Complex – Private Rental – School Group $333.39

69



(Section 20)

Item Column 1

Description

Column 2

Amount

56 Full Complex – Private Rental – Local Non-profit Group $500.07

57 Other – Lifeguard or Instructor $32.69

58 Other – Aquatic Attendant $21.79


substituted:


MISCELLANEOUS6

(Section 21)

Item Column 1

Description

Column 2

Amount

1 Access Card – Replacement of lost or stolen card $10

2 Cowichan Valley Athlete Competing Nationally or Internationally Note: Subject to confirmation of athlete’s membership by their governing sports organization

$0

3 Leisure Access Program Discount

52 free admissions, or 26 free admissions and 75% off program registration fees, to a maximum annual value of $125

4 Locker Token – Group participant $0.25

5 Locker Token – Individual $0.50

6 Olympic and High Performance Athlete Note: With valid identification card from Pacific Sport Regional Sport Centre, Vancouver Island

$0

7 Personal Fitness Training* (Private) - One session $52.50

8 Personal Fitness Training* (Private) - Five sessions $235.00

9 Personal Fitness Training* (Private) - Ten sessions $410.00

10 Personal Fitness Training* (Semi-Private [2 persons]) – One session $39.00/person

11 Personal Fitness Training* (Semi-Private [2 persons]) – Five sessions $175.00/person

12 Personal Fitness Training* (Semi-Private [2 persons]) – Ten sessions $316.00/person

13 Shower – With an Access Card $2.75

14 Shower – Without an Access Card $5.25

*Note: For the delivery of introductory, basic or the maintenance of fitness levels.


substituted:


70

RECREATION FEES

CROFTON POOL7

(Section 22)

Item Column 1

Description

Column 2

Amount

1 Pool Admission – Under Age 4 $0

2 Pool Admission – Age 4 through 18 $1

3 Pool Admission – Age 19 and over $2

4 Punch Card for 10 Pool Admissions – Under Age 4 $0

5 Punch Card for 10 Pool Admissions – Age 4 through 18 $9

6 Punch Card for 10 Pool Admissions – Age 19 and over $18

7 Hourly Pool Rental Note: Includes two lifeguards $50


substituted:

RECREATION FEES FULLER LAKE ARENA

8

(Section 23)

Item Column 1

Description

Column 2

Amount

1 Infant Admission $0

2 Pre-schooler (age 2 to 6) – Single Admission $2

3 Pre-schooler (age 2 to 6) – 10 Tickets $19




7 Pre-schooler (age 2 to 6) – Annual Pass $240

8 Pre-schooler (age 2 to 6) – Lifestyle Pass $127

9 Preschooler (age 2-6) – Multi-Day Pass (3 consecutive days) $4.50



12 Child (age 7 to 12) – Single Admission $3





17 Child (age 7 to 12) – Annual Pass $330

18 Child (age 7 to 12) – Lifestyle Pass $175

19 Child (age 7-12) – Multi-Day Pass (3 consecutive days) $6.75








71


8

(Section 23)

Item Column 1

Description

Column 2

Amount



27 Youth (age 13+ with valid full-time student ID) – Annual Pass $510

28 Youth (age 13+ with valid full-time student ID) – Lifestyle Pass $270

29 Youth (age 13+) – Multi-Day Pass (3 consecutive days) $9.75



32 Adult (Age 19 to 59) – Single Admission $6

33 Adult (Age 19 to 59) – 10 Tickets $54.60




37 Adult (Age 19 to 59) – Annual Pass $690

38 Adult (Age 19 to 59) – Lifestyle Pass $365




42 Adult (Age 55 or older) – Single Admission $4.50

43 Adult (Age 55 or older) – 10 Tickets $40.40

44 Adult (Age 55 or older) – 1-month Pass $51



47 Adult Adult (Age 55 or older) – Annual Pass $510

48 Adult Adult (Age 55 or older) – Lifestyle Pass $270




52 Commercial User $12

53 Admission – Group Rate (5 or more persons) $2.25

54 Admission – “Toonie Skate” $2

55 Admission – Special Olympians competing nationally or internationally $0.00

56 Ice Skate – Rental $2.25

57 Ice Skate – Sharpening $5

58 Rental – Arena – Exhibition Hockey Game (includes cashier) $184.60

59 Rental – Arena – Adult Recreation Hockey – Prime Time $150.49

60 Rental – Arena – Adult Recreation Hockey – Mid Week Daytime $99.90

61 Rental – Arena – Adult Recreation Hockey – After 11 pm $133.18

62 Rental – Arena – Adult Recreation Hockey – After 11 pm – Full Complex $555.23

63 Rental – Arena – Adult Recreation Hockey – Primetime – Full Complex $653.69

64 Rental – Arena – Minor Hockey or Figure Skating – Inside Area $76.74

65 Rental – Arena – Minor Hockey or Figure Skating – Outside Area $97.68

72


8

(Section 23)

Item Column 1

Description

Column 2

Amount

66 Rental – Arena – Hockey School or Youth Group – Inside Area $76.74

67 Rental – Arena – Hockey School or Youth Group – Outside Area $97.68

68 Rental – Arena – Skating Party – Primetime $150.49

69 Rental – Arena – Private School $90.61

70 Rental – Arena – Minor – Non-primetime (Before 8 am) $66.59

71 Rental – Arena – Fuller Lake Arena Hockey School $110.21

72 Rental – Arena – Ball/Roller Hockey or Other Events – Youth - Inside $42.62

73 Rental – Arena – Ball/Roller Hockey or Other Events – Youth – Outside $57.08

74 Rental – Arena – Ball/Roller Hockey or Other Events – Adult - Inside $57.08

75 Rental – Arena – Ball/Roller Hockey or Other Events – Adult - Outside $76.65

76 Rental – Arena – Junior or Intermediate Lacrosse $86.56

77 Rental – Arena – Commercial Shows and Special Events $845.60

78 Rental – Arena – Service Group Fund Raiser $422.81

79 Rental – Arena – Liquor Licensed Event Surcharge $120.81

80 Rental – Room – Upper or “C” Meeting room – 3 hours $36.26

81 Rental – Room – Upper or “C” Meeting room – Half Day $54.37

82 Rental – Room – Upper or “C” Meeting room – Full Day $100.86

83 Rental – Room – Upper or “C” Meeting room – 3 hours – Commercial $54.37

84 Rental – Room – Upper or “C” Meeting room – Half Day – Commercial $82.15

85 Rental – Room – Upper or “C” Meeting room – Full Day – Commercial $136.51

86 Rental – Room – “A” and “B” Meeting rooms – 3 hours $54.37

87 Rental – Room – “A” and “B” Meeting rooms – Half Day $82.15

88 Rental – Room – “A” and “B” Meeting rooms – Full Day $102.96

89 Rental – Room – “A” and “B” Meeting rooms – 3 hours – Commercial $82.15

90 Rental – Room – “A” and “B” Meeting rooms – Half Day – Commercial $136.51

91 Rental – Room – “A” and “B” Meeting rooms – Full Day – Commercial $205.97

92 Rental – Room – “A” “B” & “C” Meeting rooms – 3 hours $67.66

93 Rental – Room – “A” “B” & “C” Meeting rooms – Half Day $122.62

94 Rental – Room – “A” “B” & “C” Meeting rooms – Full Day $171.54

95 Rental – Room – “A” “B” & “C” Meeting rooms – 3 hours - Commercial $100.86

96 Rental – Room – “A” “B” & “C” Meeting rooms – Half Day – Half Day $164.89

97 Rental – Room – “A” “B” & “C” Meeting rooms – Full Day – Full Day $241.01

98 Surcharge – Rentals on statutory holidays 2 x rate

99 Surcharge – Security, First Aid, Officials, Referees, Clean up Actual Cost

100 Surcharge – Staffing Costs – Straight time $34.32

101 Surcharge – Staffing Costs – Over time $68.64

102 Special Event Admission (Note: no charge for infants) $5

103 Special Event Discount Admission – Pre-schooler, child or youth $1

104 Special Event Discount Admission – Adult $2

73

_______________________



74

BYLAW 3598

Westcott Road Water Local Area Service Establishment Bylaw

Contents Section

1 Service

2 Boundaries

3 Cost recovery

4 Parcel tax roll

5 Severability

Schedule

WHEREAS sections 210 and 211 of the Community Charter authorize Council, by bylaw, to

establish a local area service;

AND WHEREAS Council has received a petition to establish the Westcott Road local area water

service;

AND WHEREAS pursuant to section 212 of the Community Charter, the corporate officer has

determined the sufficiency and validity of a petition to establish the local area service;

NOW THEREFORE the Council of The Corporation of the District of North Cowichan enacts as

follows:

Service

1 This bylaw establishes a local area service under Part 7, Division 5, of the Community

Charter, to fund the cost to install a municipal watermain and two service connections

along Westcott Road, a distance of 150 m from Norcross Road (the “Local Area Service”).

Boundaries

2 The boundaries of the Local Area Service are shown in heavy black outline on the Schedule

attached to and forming part of this Bylaw.

Cost recovery

3 (1) The cost of the Local Area Service must be recovered

(a) 90% from a local service tax in the form of a parcel tax imposed by

separate bylaw, and

(b) 10% from the Local Area Service Reserve Fund established under

“Reserve Funds Establishment Bylaw”, No. 3552.

75

2

Parcel tax roll

4 The Director of Financial Services must prepare a parcel tax roll, under sections 202 and

203 of the Community Charter, on the basis of a single amount for each parcel within the

Local Area Service that is subject to the local service tax.

Severability

5 If any part of this bylaw is, for any reason, held to be invalid by a court of competent

jurisdiction, the invalid part of the bylaw must be deemed to be severed and the

remainder of the bylaw must remain valid and enforceable in accordance with its terms.

_______________________

READ a first time on READ a second time on READ a third time on ADOPTED on


76

3

Schedule

77

BYLAW 3599

South End Water Local Area Service Enlargement Bylaw (No. 2), 2015

WHEREAS section 218 of the Community Charter authorizes Council, by bylaw, to enlarge the

boundaries of a local area service;

AND WHEREAS Council has received a petition to enlarge the boundaries of the South End

Water local area service established by Bylaw No. 1104, being the “South End Waterworks

District Bylaw 1966”;

AND WHEREAS the corporate officer has certified the sufficiency and validity of a petition to

enlarge the said local area service;

NOW THEREFORE the council of The Corporation of the District of North Cowichan enacts as

follows:

1 The boundaries of the South End Water local area service, as amended, are enlarged to

include

(a) 6618 Westcott Road, legally described as Parcel B (DD 21842F) of Sections 6

and 7, Range 7, Somenos District, Except Part in Plan 8238 (folio: 5158-000,

parcel identifier: 001-905-589), and

(b) 6627 Westcott Road, legally described as Parcel A (DD 39990I) of Section 7,

Range 7, Somenos District, Except Those Parts In Plans 14610 and VIP55189

(folio: 5160-000, parcel identifier: 009-793-461).

_______________________

READ a first time on READ a second time on READ a third time on ADOPTED on


78

Report

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

Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca

Date August 21, 2015 File: 5460-50

To Council

From David Conway, P.Eng., Director of Engineering and Operations Endorsed:

Subject Caution Farm Equipment Signs

Purpose

To report on the installation of new farm equipment warning signs within North Cowichan.

Background

Staff was instructed to research new farm equipment sign locations in detail following the Public Works

Committee’s recommendation at the July 8, 2015 meeting.

Discussion

North Cowichan is a community characterized by many rural roads connecting the core areas. These

roads pass through rural areas sometimes dominated by farmland. Although some warning signs have

been erected there has not been a methodology to establish need. This document intends to provide

some details on sign placement and a review of 5 locations suggested at the previous Public Works

Committee meeting.

It’s impractical to sign all roads that could be travelled by farm equipment, but historic use, location of

farms, traffic, road alignment and speed can influence decision making. Table 1 is a matrix created to

provide review parameters for the 5 roads suggested and that could be used to evaluate other roads of

concern.

Wherever warranted, a minimum of two signs are expected (one at each end of a segment) at an

installed cost estimated at $268 for a Type B sign (60cm x 60cm), $300 for a Type A sign (75cm x 75cm),

plus an adder of $40 if a “Share the Road” tab sign is added on the same post. The larger sign size is

recommended for higher speed and / or “arterial”1 roads.

1 Manual of Standard Traffic Signs and Pavement Markings" (BC MOTH September 2000)

79



Table 1

Road ALR Traffic

Volume

veh./day

Primary

Alignment

85th

percentile

(km/h)

MOTH

Warrant2

Sign

Size3

(A =

75cm

B =

60cm)

No.

of

Signs

Cost

$

Comments

Bell

McKinnon

Road

no 2,047 straight 58 not

warranted

n/a Generally

straight

road with

good sight

lines.

Herd Road

(West of

Lakes Rd.)

yes 4,193 curvilinear 72 warranted A 2 $680 Numerous

curves,

farms.

Herd Road

(East of

Lakes Rd.)

yes 2,290 curvilinear 74 warranted A 2 $680 Numerous

curves,

limited

visibility,

farm

accesses.

Lakes Road no 3,582 straight 61 not

warranted

n/a Generally

straight

with good

visibility

particularly

where large

properties

are found.

Cowichan

Lake Road

no 3,890 curvilinear 68 warranted A 2 $680 Curves,

blind hills.

Westholme

Road

yes n/a Curvilinear n/a warranted B 2 $616 Narrow,

blind

corners.

Locate

signs at

Richards

Trail and

Little Mtn.

Rd.

Mt. Sicker

Road

Yes n/a curvilinear n/a Not

warranted

Straight

sections,

followed by

curves

2 Refers to the distance required to slow to 30kmh from travelled speed (95m from 70kmh to 30kmh)

3 Smaller sign size meant for low speed local roads

80



Financial Implications

Installation of the signs identified in Table 1 would be about $2,700 and can be accomplished within the

2015 Budget.

Recommendation

1. That the Public Works Committee instruct the Director of Engineering and Operations (or

designate) to adopt Table 1 as the basis to determine the warrant for farm warning signs upon

legitimate request; and

2. That the Public Works Committee instruct staff to install signs at appropriate locations for the

roads warranted in Table 1.

81

Q u a m i c h a n L a k eS o m e n o s L a k e

C r o f t o n L a k e

S o l l y s L a k e

Herd Rd

Richards Trail

Mays Rd

Bell M

cKinn

on R

dTrans

-Can

ada H

wy

Lake

s Rd

Osbo

rne Ba

y Rd

Maple Bay Rd

Norcr

oss R

d

Stamps Rd

Calais Rd

Genoa Bay Rd

Wick

s Rd Ne

vilane

Dr

Westholme Rd

Smith Rd

Donnay Dr

Relke R

d

Chilco Rd

Pacif

ic Dr

Escarpment Way

Tatlo Rd

Drinkwater Rd

Mays Rd S

Kathleen Dr

Rice Rd

Bazett Rd

Tom

Wind

sor R

d

Southview Terr

Inverarity Rd

Birdseye Dr

Martin

RdOrtona Rd

Fairfield St

Westlock Rd

Flett R

d

Jackson Valley Rd

Princeton Rd

Tatlo R

d W

Anzio Rd

Lowery Rd

Walcot St

Stanhope Rd

Green Rd

Georg

ia Pl

Babine Rd

Manley St

Wildwood Dr

Hampton Rd

Nevilane Pl

Trans

-Can

ada H

wy

¹Legend

ALR

82

Q u a m i c h a n L a k e

S o m e n o s L a k e

Herd Rd

Lake

s Rd

Gibbins Rd

Trans

-Can

ada H

wy

Boys Rd

Cowich

an Val

ley Hwy

Some

nos R

d

Cowichan Lake Rd

Norcr

oss R

d

Bell M

cKinn

on R

d

Trunk Rd

Hall R

dSahtlam Rd

Drinkwater Rd

Indian Rd

Mays Rd

Calais Rd

Lane

Rd

Canada Ave

Sherman Rd

Wick

s Rd

Menzies

Rd

Richa

rds Tr

ail

Maple Bay Rd

Cliffs Rd

Roome RdAllenby Rd

North

Rd

Auchinachie Rd

Tansor Rd

Stamps Rd

Beverly St

Mt Prevost RdCoronation Ave

Tzouhalem Rd

Mays Rd S

Seine Rd

Vimy R

d

Quamichan Rd

Jubil

ee St

Philip St

Tom

Wind

sor R

d

Wilso

n Ave

Wharncliffe Rd

Ford

Rd

Hatchery Rd

Ortona Rd

Cowichan Way

Carmel Dr

Cass

ino R

d

Dingwall St

Herons Way

York Rd

Club R

dUpland Ave

Lowery Rd

Castl

ey R

d

Upil R

d

Tarn PlAgira Rd

Padd

le Rd

Stanhope Rd

Green Rd

Normandy Rd

Lomas Rd

Martin PlWildwood Dr

Mina

Dr

Sandra Pl

Hampton Rd

Drinkwater Rd

Indian

Rd

Trans-Canada Hwy

¹ LegendALR

Cowichan Lake Rd

83

S o l l y s L a k e

B r e e n L a k e

Mt Sicker Rd

Trans

-Can

ada H

wy Westh

olme R

d

Richards Trail

Grace Rd

Chemainus RdCr

anko

Rd

Ashcroft Rd

Bonsall Rd

Amos RdHudson Rd

Bell M

cKinn

on R

d

Nimmo

Rd S

Holman R

d

Westhill Pl

Little Mountain Rd

Halalt Rd (Priv)

Swallo

wfield

Rd

Trans-Canada Hwy¹

LegendALR

Cowichan Lake Rd

84

Report



Date September 1, 2015 File: 1700-01

To Council

From M. Frame, Director of Finance Endorsed:

Subject 2016 – 2020 Financial Plan Overview

Purpose

The purpose of this report is to provide an update on 2016 budget pressures and priorities, seek

direction from Council, and propose a schedule for 2016 – 2020 Financial Plan budget deliberations.

Background

During the 2015 budget deliberations, Council suggested that the budget process should be moved

forward to have more work done in the fall. This would allow the 2016 budget to be finalized in early

2016 rather than in late March. On August 19th Council set the grant-in-aid deadline to October 15th to

facilitate an earlier approval of the 2016 budget. A Proposed Schedule – Budgets is attached to this

report outlining a budget deliberation process that could set the 2016 budget by January 12, 2016.

Council would then commence its deliberations on setting the tax distribution and tax rates for each of

the nine property tax classes.

Council committed in 2015 to review its tax distribution, and specifically identified Class 5 – Light

Industry, as a class that required review as the rates appear high relative to other communities.

Discussion

The Council-approved 2015 – 2019 Financial Plan contained an estimated net tax increase of 4.05% for

2016. This 2016 increase included a 2% wage increase (as negotiated with employee groups), 1% for

inflation, and debt financing for a new RCMP building based on 3.8% interest and $14 million in debt.

The wage and inflation increases are still applicable but there have been revised and new cost pressures

identified since the approval of the 2015 – 2019 Financial Plan that affect 2016.

New RCMP Detachment

During the 2015 – 2019 budget deliberations it was estimated that a new RCMP detachment of

approximately 31,000 sq. ft. could be constructed for $14 million. In 2014/2015 the RCMP and

Municipality prepared a RCMP Detachment Space Analysis. We contracted with a cost analysis expert to

determine the proposed size of the new detachment and to provide a Class D cost estimate. At this

time the costs are being further refined.

It is expected that the new building will have approximately 39,000 sq. ft. of gross building area at an

estimated cost of $21 million (not including a 2,800 sq. ft. Forensic Identification Unit), or $22.9 million

(including a Forensic Identification Unit).

85



Originally it was expected that the cost share between the Municipality and Province would be 53% and

47% respectively which is based on the current distribution of municipal and provincial RCMP members.

At this time the space analysis is based on a projected 70 RCMP members (59 today) with the municipal

share at 32 (31 today) meaning the provincial count will be higher than the municipal count. This is one

reason why the building footprint has expanded. The final projected count will be confirmed once the

Province completes its review of the provincial RCMP strength at the North Cowichan/Duncan

detachment.

It is expected that the Province will confirm funding support for the project by March 31, 2016 (or

earlier). In the event this project receives final approval, we expect that the design process for the

building will commence in April 2016. It is possible that the Province will confirm funding support

earlier as this detachment is deemed a high priority.

This project will be a major cost driver as the incremental debt financing is incurred over the term of the

design and construction of the building in the 2016, 2017 and 2018 budgets.

Fire Hall Requests

The Fire Chiefs have identified a need for ATV units to access remote areas of the Municipality’s

forested areas for fire suppression and recreational user rescues. The Chiefs will be requesting 2 ATV

units in 2016 (South End and Chemainus fire halls), and potentially 2 in 2017 with each unit costing an

estimated $33,000. Currently these are not approved fire equipment units and are not included in our

20-Year Fire Equipment Replacement schedule. In the event this fire equipment is approved then the

Fire Truck Reserve Fund transfer should also be increased to prepare for the future replacement.

The Fire Chiefs have also requested to upgrade all fire hydrants in North Cowichan with a 5” Storz

adapter which would eliminate the need at an incident to install an adapter on arrival at the scene

which currently delays the response. In order to finance this adapter upgrade program over 4 to

5 years, the estimated cost is $50,000 per year—and this assumes volunteer (firefighters) labour to

install adapters.

The Maple Bay Fire Chief is reviewing the cost implications of replacing the Maple Bay fire boat as it is

coming to the end of its useful life. This piece of fire equipment is not included in the 20-year Fire

Equipment Replacement schedule and is estimated to cost up to $200,000 to replace. A request for this

replacement is not expected to impact the 2016 budget but will impact future years as the Fire Truck

Reserve Fund transfer would need to be increased to accommodate this piece of fire equipment.

Safety Officer

WorkSafeBC requirements are significantly more stringent than in the past, and place a significant

burden on the Municipality in the management of staff and contracted services. Currently the

Municipality is updating its Safety Procedures Manual but a key recommendation moving forward will

be the hiring of a full-time safety officer. It is estimated the costs of this position will be approximately

$80,000 including benefits.

86



Inventory and Asset Evaluation

On September 2, 2015, Council directed staff to include $56,500, plus travel and taxes, in the

2016 budget to conduct an Inventory and Asset Valuation so that the Municipality could determine the

market value of our assets for corporate sponsorship purposes.

Capital Expenditure Program

In the 2015 – 2019 Financial Plan it was anticipated that four Echo Heights lots, two Stoney Hill lots and

two Chisholm Trail lots would be sold. At this time the Echo Heights lots will be ready for marketing in

the fall of 2015, the Stoney Hill lots will be ready for marketing once the Stoney Hill road project is

completed in the fall of 2015, and the Chisholm Trail lots require final subdivision approval.

No community development projects were included in the 2016 budget in the 2015 – 2019 Financial

Plan, and none will be recommended by staff in the 2016 budget until the above land sales are

completed. These sales and subsequent development projects, including Phase 2 of Echo Heights (14

lots), may be delayed depending on lot sales.

Implications

Staff are recommending the proposed schedule (as per attached presentation) for the 2016 – 2020

Financial Plan deliberations as this will advance finalizing the 2016 – 2020 Financial Plan, and leave

sufficient time to deliberate on the tax distribution and rates for each of the nine property classes. This

process will also allow Council to provide pre-budget approval for Capital projects earlier in the year.

It is anticipated this will be a difficult year to achieve a tax increase of less than 3% based on current

budget pressures identified above, and any new expenditures that may be identified during the process.

Recommendation

That Council approve the budget schedule set out in the attached 2016 – 2020 Budget Review,

September 16, 2015 presentation; and further, that Council provide pre-budget direction on the 2016 –

2020 Financial Plan.

Attachment: 2016 – 2020 Budget Review (September 16, 2015, presentation)

87

Municipality of North Cowichan 2016 – 2020 Budget Review September 16, 2015

88

Guiding Principles

Align and support Council’s goals and objectives

Align and support Council’s Revenue, Tax, and Budget Policy

Maintain existing service levels

Create a proactive infrastructure renewal plan

Maintain community development initiatives

2

89

Cost Drivers 2015

Budget 2016

Budget Increase

(Decrease) % Tax

Increase

2% Wage Increase 8,278,700 8,444,300 165,600 0.64%

1% Inflation 21,644,700 21,861,200 216,500 0.84%

RCMP Detachment Debt ($14 million) 91,700 91,700 0.36%

Diking Debt 25,549 106,864 81,315 0.32%

Post-employment Actuarial Adjustment 200,000 200,000 0.78%

Repayment of CAEP Contribution FLA 27,000 0.11%

Increase in capital contribution 3,270,326 3,768,460 498,134 1.94%

4.98%

3

90

Significant Revenue Changes 2015

Budget 2016

Budget Increase

(Decrease) % Tax

Increase

Fortis 3% 0 43,800 43,800

RCMP Lease Duncan 179,000 83,600 (95,400)

Chemainus Safety Building – Ambulance 31,500 35,700 4,200

Chem Safety Building – RCMP SI Traffic 50,000 80,500 30,500

Traffic Fine Revenue 196,000 288,000 92,000

75,100 (0.29%)

4

91

Five Year Increases – 2015 Projection

2015 2016 2017 2018 2019 Gross tax increase 4.02% 5.30% 4.70% 4.07% 4.01%

Less: Growth (0.81%) (1.25%) (1.25%) (1.25%) (1.25%)

Net Tax Increase 3.21% 4.05% 3.45% 2.82% 2.76%

5

2016 Cost Pressures 4.98% 2016 Revenue Changes (.29%) = 4.69% before growth

92

Other Potential Cost Pressures (Not Included in Budget) • Delayed land sales: ▫ Echo Heights 4 lots - $ 580,000 ▫ Chisholm Trail 2 lots - 280,000 ▫ Stoney Hill 2 lots - 500,000 $1,360,000

• Community Development projects ▫ None in 2016, future years dependent on 2016 land sales Phase 2 Echo Heights 14 lots $1,680,000 Stoney Hill 3 lots $ 750,000

6

93

Other Potential Cost Pressures (Not Included in Budget) • Building Permit Fees continue to decrease ▫ Lower permit revenues and lower growth in tax revenue

• Fire Department Requests ▫ 2 ATV units to access remote rescues $66,000 - .26% ▫ Estimated $50,000/yr for 4 years Storz hydrant adaptors $50,000 - .19%

• Inventory and Asset Valuation $60,000 - .23% • Safety Officer $80,000 - .31%

7

94

RCMP Building Debt 2015 $14m 3.8% $14m 2.62% $21m 2.62% 25m 2.62%

2016 133,000 91,700 137,550 163,750

2017 634,000 522,628 783,941 933,263

2018 1,002,000 861,855 1,292,783 1,539,027

RCMP Share 47% 471,000 405,049 607,574 723,302

MNC Share* 53% 531,000 456,806 685,209 815,724

Tax Increase 2.07% 1.78% 2.67% 3.17%

*Cost sharing % subject to change based on member projections 95

Proposed Schedule - Budgets DATE ITEM September 4, 2015 Department heads issued budget spreadsheets

September 16, 2015 Council provides guidance on budget and budget schedule

October 2, 2015 Department heads return completed budget spreadsheets

October 5 – 16, 2015 Administrative review of Budgets

October 27, 2015 Initial operating budget presented to Council

November 2, 2015 Public Works Committee reviews Roads and Sidewalk Capital Program

November 10, 2015 COW Financial Plan and Proposed Capital Expenditure Plan (2016 – 2020)

November 17, 2015 COW Grant in Aid review and approval

November 24, 2015 COW Review Financial Plan, Proposed Utility Budgets and Rates

December 8, 2015 COW Review Financial Plan and Capital Expenditure Plan

January 12, 2016 COW Finalize Financial Plan for Open House

January 19, 2016 2016 -2020 Financial Plan Open House (held before Council meeting)

9

96

Proposed Schedule - Taxes DATE ITEM February 9, 2016 COW Workshop on distribution of tax rates

February 23, 2016 COW Tax Distribution

March 9, 2016 Financial Plan introduced for first three readings

April 12, 2016 COW Finalize tax rates

April 20, 2016 Tax Rates Bylaw introduced for first three readings

May 4, 2016 Adopt Tax Rates and Financial Plan Bylaws

10

97

Report



Date September 9, 2015 File:

To Council

From Michael Mark, Manager of Building and Compliance Endorsed:

Subject Renewal of ICBC Information Sharing Agreement

Purpose

The purpose of this report is to recommend to Council that the existing Information Sharing Agreement

with ICBC be renewed.

Background

The Municipality has had ongoing agreements with ICBC to obtain licensing, vehicle, and ownership

information for the purpose of conducting municipal business such as bylaw enforcement. The current

agreement has expired.

Discussion

ICBC provides this specific information only to the Bylaw Compliance Officer and the Manager of

Building and Compliance. The information is necessary in conducting a small number of bylaw

compliance matters such as animal control and untidy premises violations. On average there may be

one or two such requests made per month. ICBC has strict confidentiality controls over this type of

information and won’t release it without the proper agreements in place.

Recommendation

That Council approve, and authorize the Mayor and Corporate Officer to sign, the information sharing

agreement with the Insurance Corporation of BC.

Attachment(s):

ICBC Information Sharing Agreement

ICBC Information Sharing Agreement Questionnaire

98

R building trust. driving confidence.

INFORMATION SHARING AGREEMENT

THIS AGREEMENT is made effective as of 15 July , 2015 (the "EffectiveDate")

The Insurance Corporation of British Columbia ("ICBC") is a public body governed by theFreedom of Information and Protection of Privacy Act ("FIPPA") and may disclose PersonalInformation only as permitted under FIPPA. This Agreement sets out the conditions uponwhich ICBC will disclose certain Personal Information and other information to User inaccordance with FIPPA.

ICBC and User hereby agree as follows

1. Definitions

1.1 In this Agreement:

(a) "FIPPA" means the Freedom of Information and Protection of Privacy Act ofBritish Columbia, as amended from time to time;

(b) "OIPC" means the Office of the Information and Privacy Commissioner ofBritish Columbia;

(c) "Personal Information" has the meaning set out in FIPPA, and refers onlyto Personal Information disclosed by ICBC to User pursuant to thisAgreement;

(d) "User" means the municipality named above that is receiving the PersonalInformation under this Agreement; and

(e) "VIN" means Vehicle ldentification Number.

Name of UserTHE CORPORATION OF THE DISTRICT OF NORTH COWICHAN

AddressPO BOX 27f3 7O3O TRANS CANADA HWY

CityDUNCAN

Type of BusinessMUNICIPAL GOVERNMENT

ProvinceBC

Postal Code

vgL 3X4

Name of Administrative ContactMARK RUTTAN

Telephone Number250-746-3tOO

Fax Number250-746-3133

Email Addressma rk. rutta n@northcowicha n.ca

BC Online Number933880

Compliance Representative at date of this Agreement (Name and title)MARK RUTTAN - DIRECTOR OF CORP SERVICES

Telephone Number25fJ-746-3tOO

Fax Number25lJ-746-3100

Version: Dec I2OL4 Page 1 of 8

99

3

2. Purpose

2.L The purpose of this Agreement is to set out the terms and conditions governing themanagement, use, retention, disclosure and disposal of Personal Informationdisclosed by ICBC to User under this Agreement, as set out in section 4.

3.1

Authoritv for Disclosure

The disclosure of Personal Information by ICBC to the User is authorized by thefollowing section(s) of FIPPA:

Section 33.1(1)(c,) 33.1(1)(i), or 33.2(¡)

4. fnformation to be Disclosed

4.I ICBC will disclose only the following Personal Information to User

(a) Licensing Information (plate, registration number, effective and expiry date ofinsurance or termination date of policy);

(b) Current Vehicle Description (VIN, model year, make, model, colour, bodystyle, fuel, net weight (KG), gross weight (KG), and displacement);

(c) Registered Owner Information (current name and address of registered owneras shown in ICBC's vehicle registration database).

5, Authorized Use

5.1 User may only use the Personal Information disclosed to it by ICBC pursuant to thisAgreement for the purposes set out below and specifically may only use theparticular item or category of Personal Information in the table below for thepurposes set out beside it (the "Authorized Purposes"):

(a) Collecting a debt or fine owing to the Municipality;(b) To assist in a specific investigation of a municipal by-law violation,

undertaken with a view to a law enforcement proceeding, or from which a lawenforcement proceeding is likely to result;

(c) Enforcing parking violations once a violation ticket has been issued.

Personal Information Authorized PurposeLicensinq information fa). (b) or fc)Vehicle description information (a). (b) or (c)Reqistered Owner information (a), (b) or (c)

5.2 Without limiting the generality of the foregoing, User will not use the PersonalInformation to develop or maintain a database of vehicle owners or vehicle recordsfor future reference.

Version: Dec B 2014 Page 2 of 8100

6. Method for Disclosure

6.1 Via electronic transfer, User will submit a request to ICBC in an acceptable format toICBC to read BC licence plate numbers or VINs and ICBC will return the request withvehicle information and registered owner name and address. Using a VIN or BClicence plate number, User may phone, fax, or mail in requests and ICBC willrespond via phone, fax or mail as requested.

7. Term and Termination

7.7 The term of this Agreement is 3 years, commencing on the Effective Date set outabove. Application to renew will be the sole responsibility of User. If accesscontinues to be granted upon expiry of this Agreement, then all terms and conditionsof this Agreement will continue to apply.

ICBC may terminate this Agreement at any time with or without cause. Withoutlimiting the foregoing, if User or any of its officers, directors, employees or agentsfails to comply with this Agreement, ICBC may immediately:

7.2

8.1

(a) terminate this Agreement; or(b) suspend access and/or impose terms and conditions on User's (or any

individual User IDs) access to, and disclosure of information or the use oftransactions providing information under this Agreement. Once the termsand conditions are satisfactorily met, User may once more obtain access.Such restored access may either be the same access as previously granted ormay be a more restricted or different type of access in ICBC's sole andabsolute discretion.

8. Records to Establish Entitlement

User will create and retain records for each request for information which reasonablyestablish the User's need for each item of Personal Information to carry out the$uthorized Purposes, including as applicable and without limitation:

proof of debt or fine owing;copy of appropriate municipal bylaw;violation document (parking ticket);ticket number;file number,

Without limiting the generality of the foregoing, User must be able to provide filenumbers for investigations of municipal by-law violations where violation tickets havenot been issued.

ICBC may request copies of such records either before or after releasing the PersonalInformation to User.

8.2 User will maintain each such record for at least 3 years following the release of thePersonal Information to which the record relates, in a form which will readily permitthe tracing of the original request for information to the proof of the need for theinformation.

a

a

a


101

9. Access bv Emplovees

9.1 User will permit access to Personal Information only to those employees who needsuch access in order to carry out the Authorized Purposes (the "AuthorizedEmployees"). User will at all times maintain a current list of Authorized Employees,User will provide ICBC with the list of Authorized Employees upon execution of thisAgreement, and thereafter will promptly provide such list to ICBC at least annually,and also upon request by ICBC, which requests shall be no more frequent than every6 months,

9.2 User will at all times have in place a knowledgeable senior person within itsorganization to be responsible for, and to have the authority to ensure, privacycompliance generally and compliance with this Agreement specifically (the"Compliance Representative"). As at the date of this Agreement, the User hasappointed the Compliance Representative set out on page 1. The ComplianceRepresentative will ensure that each Authorized Employee is aware of the terms ofthis Agreement, and will maintain proof, in writing, that the terms have beenexplained and understood by each Authorized Employee. User will promptly adviseICBC of any change to the Compliance Representative,

lO. Securitv

10.1 User will have appropriate physical, organizational and technological securitymeasures in place to ensure that Personal Information is collected, accessed, used,disclosed and destroyed only by Authorized Ëmployees and only in accordance withthe terms of this Agreement, including without limitation:

(a) restricted access to records containing paper copies of Personal Information;(b) restricted access to Personal Information stored on computer systems and

electronic storage devices and media, by using unique user IDs andpasswords that are linked to identifiable Authorized Employees; and

(c) systems containing Personal Information will be capable of providing an audittrail and user access logs, which logs will be retained by User during the termof this Agreement and for at least 24 months following its expiry ortermination.

11. Disclosure bv User

11.1 Except with the prior written consent of ICBC which may be withheld for any reasonwhatsoever in ICBC's sole discretion, User may disclose Personal Information only tothè follow¡ng persons and to no one else:

)ab

(c)

)to the individual the information is about upon satisfactory proof of identity;to ICBC, its external auditors and the OIPC for the purpose of audits,investigations or reviews; andto the following third parties, if any:

[List all persons outside of User that information may be disclosed to, includingsubcontractors, and under what circumstances. Consider whether permitted byFIPPA and whether an ISA ís required for any third paftyl

Version: Dec B 2OL4 Page 4 of 8102

Lt.2 Notwithstanding the foregoing, User may not disclose Personal Information to anyperson outside Canada without the prior written consent of ICBC,

11.3 If ICBC provides written consent to User to disclose Personal Information to a thirdparty in accordance with section 11.1, then User will enter into an informationsharing agreement with the third party on substantially the same terms as thisAgreement. User will provide ICBC with a proposed draft of the information sharingagreement for ICBC's approval prior to execution by the User and third party, as wellas a.copy of the final signed agreement.

f.2, No Storaqe or Access Outside Canada

72.1 User will not store Personal Information in, or have Personal Information accessiblefrom, outside Canada without the prior written consent of ICBC. If ICBC doesprovide such consent, the parties will work together to ensure that the storage andaccess takes place for the minimum time necessary in the circumstances andotherwise in accordance with FIPPA, and User will comply with any storage andaccess conditions imposed by ICBC.

13. Destruction

13.1 Subject to any statutory obligations to which User may be subject, User will notretain any Personal Information or any records of Personal Information in any formwhatsoever (including without limitation hard copy or electronic formats), longerthan is necessary to perform: (a) the Authorized Purposes, and (b) User'sobligations under this Agreement. Once Personal Information is no longer sorequired, User will permanently and securely destroy the Personal Information andall records thereof in a manner that is appropriate for the media so that the PersonalInformation or any portion of it cannot be subsequently retrieved, accessed or usedby User or any other person.

L4. Insoection and Compliance

t4.t

14.2

74.3

During this Agreement and for 24 months thereafter, ICBC or its authorizedrepresentative may, on reasonable notice and during regular business hours, enterUser's premises to inspect any Personal Information in the possession of User or anyof the User's information management policies or practices relevant to its compliancewith this Agreement.

ICBC may request the User to provide an annual written certificate confirming User'scompliance with all obligations under this Agreement, and if so requested, User willwithin 10 business days either:

(a) provide such certificate; or(b) provide a notice of non-compliance in accordance with section 17.1,

User will respond to any written inquiries and promptly forward to ICBC any recordsthat ICBC may request in order to review whether User is complying with thisAgreement,


L4.4 If requested by ICBC, User will appoint an independent, external auditor at User'sexpense to review User's information practices under this Agreement. User willprovide copies of the results of any such audit to ICBC within 7 days of receiving theauditor's report,

74.5 User will promptly and fully comply with any investigation, review, order or ruling ofthe OIPC in connection with the Personal Information.

15. Accuracv and Complaints

15.1 If an individual notifies User that User's record of the individual's PersonalInformation is incorrect, User will:

verify the accuracy of the Personal Information with ICBC; andwhere appropriate, advise the individual to consider making a formal requestfor correction to ICBC.

75.2 User will have a written complaints procedure to deal with complaints about itsinformation practices, and will provide a copy of the complaints procedure to ICBC.User will follow its written complaints procedure in all cases when receiving acomplaint, and will document each complaint and its resolution, Records of suchcomplaints will be kept for a minimum of 3 years from the date of the resolution ofthe complaint, and will be provided to ICBC upon request. User will respond in atimely manner to complaints about its information practices and, where a complaintis not resolved to the complainant's satisfaction, User will refer the complainant toICBC or the OIPC.

16, Privacv Policv

16.1 User must have an information handling and privacy policy or policies in place whichare applicable to all of its Authorized Employees. Such policy must clearly set outthe responsibilities of each individual in the organization to keep PersonalInformation secure and for complying with all applicable legislation and othergenerally accepted privacy principles. User will provide its privacy policy to ICBCwithin 10 days of signing this Agreement,

L7, Indemnitv and Non-Comoliance

T7.I User will immediately notify ICBC in writing of any non-compliance or anticipated non-compliance with this Agreement and will fufther inform ICBC of all steps User proposesto take to address and prevent recurrence of such non-compliance or anticipated non-compliance,

17.2 User will indemnify and save harmless ICBC, its directors, officers, employees andagents from any costs, damages, or actions, civil or criminal, including reasonablelegal fees and settlement costs, that may arise as a result of the breach by User ofany of its obligations hereunder, including without limitation the use, access,disclosure, storage or destruction by User of Personal Information in breach of thisAgreement.

ab

((

))

Version: Dec I 2014 Page 6 of 8104

User will pay all costs and fees related to carrying out this Agreement, includingwithout limitation any search fees prescribed by the Motor Vehicle Act Regulations orany other legislation. The method of payment will be determined by ICBC.

19. Notices

19.1 All notices and communications required or permitted under this Agreement must bein writing and must be delivered to the other party at the address, facsimile numberor electronic mail address set forth above for the User and set out in subsection 19.2for ICBC or at such other addresses and facsimile numbers as may from time to timebe notified in writing by that Party pursuant to this subsection 19.1, Delivery ofnotices and communications shall be deemed to have occurred for the variousdelivery methods as follows:

(i) By mail - T2hours after being deposited in the mail in Canada with first classpostage prepaid;

(ii) By personal delivery - when delivered;(iii) By courier - on the next business day following the date of such delivery;(iv) By facsimile - on the next business day following the date of transmittal and

acknowledgement of receipt by the recipient's fax machine; and(v) By electronic transmission - on the next business day following the date of

transmittal and acknowledgement of receipt by the recipient.

79.2 ICBC Contact information for notice:

Insurance Corporation of British ColumbiaContact Person: Manager, Privacy and FOIAddress: 151 West Esplanade, North Vancouver, V7M 3H9E-mail Address: david,[email protected] Number: (604) 443-4562

20. General

18. Costs

18.1

20.L

20.2

The sections of this Agreement which impose obligations on the User concerning theuse and management of Personal Information survive and apply after the expiry orearlier termination of this Agreement.

Any amendments to this Agreement must be in writing and signed by both parties,

?O.3 This Agreement will be governed by and construed in accordance with the laws ofBritish Columbia. The parties hereby attorn to the exclusive jurisdiction of the courtsof British Columbia.


This Agreement may be executed in counterparts and may be delivered by facsimiletransmission or scanned and delivered by electronic transmission in accordance withsection 19, and each counterpart when so executed, delivered and received shall bedeemed an original, and all such counterparts shall together constitute one and thesame document.

The partiês, intending to be legally bound, have executed this Agreement by theirrespective duly authorized representatives as of the dates below.

20.4

INSURANCE CORPORATION OFBRITISH COLUMBIAby:

Authorized Signatory

Print name

Title

Date

THE CORPORATION OF THE DISTRICTOF NORTH COWICHANby:

Authorized Signatory

Print name

Title

Date


ICBC information sharing agreement questionnaire

DATE: September 9, 2015 Name: Alyssa Meiner, Records Management Coordinator

Please answer every question and provide additional detail or documentation where appropriate. If a particular question is not applicable to your organization, please write “n/a”.

Definitions In this questionnaire:

a) “Agreement” means the existing Access to Information or Information Sharing Agreement between your organization and ICBC;

b) “ICBC Personal Information” means the personal information disclosed to you by ICBC pursuant to the Agreement; and

c) “you” or “your” refers to your organization.

You may find it helpful to refer to the Agreement when answering this questionnaire.

Types of ICBC Personal Information Accessed Administrative use only

1. What types of ICBC Personal Information do you currently have access to? List all information types and the purpose(s) for which each is used. If all information types are used for the same purpose(s), please state that below.

Information Type Purpose registered owner and address To investigate bylaw violation complaints which may

lead to compliance action against the registered owner.

Click to enter any additional comments.

2. How many requests/searches for ICBC Personal Information do you submit per month?

1-2

Authorized Employees

3. Please list all Authorized Employees, their roles and reason for access. List on separate schedule if necessary.

Name Role/Position Access Reason Rob Clark Bylaw Compliance

Officer To investigate bylaw violation complaints

Michael Mark Manager of Building and Compliance

To investigate bylaw violation complaints

107

information sharing agreement questionnaire

2 Indirect Access

4. In the past six months, have you provided to ICBC an updated list of all employees, contractors or consultants who have access to the ICBC Personal Information (“Authorized Employees”)?

Yes ☐ No ☒ (Click to check, or write “Yes” or “No” if you cannot check the boxes) No change in the past six months.

Records Retention, Storage and Destruction

5. Please describe or provide a copy of your records management/disposal policy.

Records managed according to records classification & retention schedule. Bylaw enforcement/compliance records are securely retained and disposed of: physical records in locked office and locked cabinet; authorized access only to electronic records; secure disposal by on-site shredding.

6. Do you retain copies (paper or electronic) of the ICBC Personal Information or enter any of it into another document, database or form?

No ☒ Skip to question 9.

Yes ☐ Please identify the documents/databases and their use.

Click here to enter text.

7. Where are the copies retained and who has access to the copies?


8. How long are copies of the ICBC Personal Information retained for AND what do you do with them when they are no longer required? Are they permanently and securely destroyed?


9. Do you store any ICBC Personal Information on mobile devices, such as flash drives or laptops?

No ☒

Yes ☐ Please list them here and state whether they are encrypted.


10. What records do you maintain to establish your entitlement to the ICBC Personal Information? e.g. ticket number, file number, etc.

File number, ticket number.

Storage and Access Outside Canada

11. Is any portion of the ICBC Personal Information (or copies of such) stored or accessible from outside Canada? e.g. on a U.S. server, cloud storage?


Yes ☐ Please explain the purpose.


12. Do you have ICBC’s consent to store the ICBC Personal Information (including copies),

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or have it accessible from, outside Canada?

No ☐ Yes ☐ Please provide a copy of the consent. Click here to enter any additional comments.

Privacy Policy & Training

13. Please describe or provide a copy of your privacy policy.

Personal information is collected, used, and disclosed in accordance with the BC Freedom of Information and Protection of Privacy Act. Privacy Breach policy in line with OIPC guidance documents.

14. Who is your designated Compliance Representative for the Agreement? (He/she should be a knowledgeable senior person within your organization who is responsible for ensuring privacy compliance and compliance with the Agreement)

Mark Ruttan, Director of Corporate Services

15. Do all Authorized Employees receive privacy training to ensure they understand the terms of the Agreement and their responsibilities with respect to the ICBC Personal Information?

No ☒ Yes ☐ Please provide a copy of your training materials and training records.

Only Two Authorized Employees. General information & privacy training ongoing.

Accuracy and Complaints

16. If an individual notifies you that his/her ICBC Personal Information is incorrect, what is your procedure for correcting it?

If an individual were to notify us directly, we would make appropriate change to our records, if applicable. We would also advise the individual to contact ICBC regarding their Personal Information (or we contact ICBC if specified in the agreement).

17. What is your procedure (written or otherwise) for dealing with complaints about your information or privacy practices?

Follow Privacy Breach policy which follows steps set out in the BC OIPC’s “Privacy Breaches Tools and Resources” guidance document.

18. Have you ever received a valid complaint about your information or privacy practices?

No ☒

Yes ☐ Please describe the complaint and how you addressed it.


19. Do you maintain records of complaints about your information or privacy practices?

No ☐

Yes ☒ How long do you retain such records for?

Ten years.

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Privacy Compliance

20. What is your privacy breach protocol/procedure?

See question 17.

21. Are you aware of any instances of non-compliance (past or anticipated) with the Agreement or breaches of privacy with respect to the ICBC Personal Information?

No ☒

Yes ☐ Please describe and state whether ICBC was notified.


Disclosure

22. Do you provide or disclose any portion of the ICBC Personal Information to a third party, including consultants and contractors?


Yes ☐ Please list all such third parties.


23. Are you authorized under the Agreement (or otherwise) to disclose the ICBC Personal Information to the third parties listed above?

Yes ☐ Please refer to the relevant section of the Agreement or authority (e.g. ICBC’s written

consent). No ☐ Please provide further detail regarding the disclosure(s).


24. Have you ever disclosed the ICBC Personal Information (or copies of such) to any third party outside Canada?


Yes ☐ Did you obtain written consent from ICBC prior to the disclosure? If so, please provide a

copy of the consent.


25. Do you have an information sharing agreement with such third parties with substantially the same terms as the Agreement?

No ☒

Yes ☐ Please provide a copy of the agreement(s).


Signing Authority

26. List the name, title and contact information of the current signing authority and administrative contact for the Agreement: Signing Authority: Dave Devana, Chief Administrative Officer Administrative Contact: Mark Ruttan, Director of Corporate Services

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Additional Comments


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Report



Date September 8, 2015 File: 5355-30

To Council

From David Conway, P. Eng., Director of Engineering and Operations Endorsed:

Subject Proposed Agreement – Cowichan Tribes Sewer Service

Purpose

The purpose of this report is to recommend that Council enter into an agreement to provide sewer

service to a specific area of Cowichan Tribes lands on Tzouhalem Road in accordance with Section 13.1

of the Community Charter.

Background

North Cowichan has provided sewer service to Cowichan Tribes lands for many years, substantially

along the south side of Tzouhalem Road from Jaynes Road to Valleyview Road. North Cowichan

annually invoices Cowichan Tribes the equivalent of our parcel tax and user fee for each

connection. Staff has recently received a petition from Mr. Jeremy Elliott to provide another sewer

connection to accommodate construction of his new residence on Tzouhalem Road.

Discussion

The request from Mr. Elliott prompted staff to review the existing sewer service North Cowichan

provides to Cowichan Tribes. Because the sewer services were provided before the Community Charter

came into force (circa 2004), it is recommended that Council enter into an agreement for the provision

of this service that meets the requirements of the current legislation.

Mr. Elliott’s petition for service has been certified as valid and sufficient, and Cowichan Tribes has

confirmed that it will pay the applicable fees.

Recommendation

That Council approve, and authorize the Mayor and Corporate Officer to sign, the Cowichan Tribes

Servicing Agreement, substantially in the form presented.

Attachment(s): Cowichan Tribes Servicing Agreement-Map Revised

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COWICHAN TRIBES SERVICING AGREEMENT

(Sewer Services)

THIS AGREEMENT dated and in effect ______________, 2015 BETWEEN:

THE CORPORATION OF THE DISTRICT OF NORTH COWICHAN, a municipality incorporated and operating pursuant to the Community Charter , SBC 2003 c. 26 and the Local Government Act, RSBC 1996 c. 323 with its offices located at Box 278, 7030 Trans-Canada Highway, Duncan, British Columbia, V9L 3X4

(the "Municipality")

AND:

THE COWICHAN TRIBES, being a band pursuant to the Indian Act, R S C 1 9 8 5 , c I - 5 represented by its Chief and Council, and having its offices at 5760 Allenby Road, Duncan, British Columbia, V9L 5J1 (the "Cowichan Tribes")

WHEREAS:

A. Her Majesty the Queen in Right of Canada holds legal title to the Cowichan Tribes Lands.

The Cowichan Tribes Lands have been set apart for the use and benefit of the Cowichan Tribes, pursuant to the Indian Act, R.S.C. 1985, c. 1-5;

B. The parties wish to enter into this servicing agreement to provide for the delivery of sewer

services by the Municipality to the Serviced Lands for the benefit of the Cowichan Tribes ; C. Pursuant to section 13.1 of the Community Charter, S.B.C. 2003, c. 26 , the Municipality

may enter into agreements to provide services within treaty lands; D. The Cowichan Tribes Band Council has authorized execution of this Agreement on

behalf of the Cowichan Tribes by a resolution duly passed at a meeting of Band Council held on the __ day of __________ 2015, a copy of which is attached hereto as Schedule "A";

E. Municipal Council has authorized execution of this Agreement on behalf of the

Municipality by a resolution duly passed at a meeting of the Municipal Council held on the __, day of ____________, 2015, a copy of which is attached hereto as Schedule "B".

NOW THEREFORE THIS AGREEMENT witnesses that for and in consideration of the promises and agreements contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties covenant and agree with each other as follows:

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1. INTERPRETATION

1.1 Definitions

In this Agreement:

(a) "Agreement" means this agreement, including the recitals and schedules hereto, as amended and supplemented from time to time;

(b) "Cowichan Tribes' Lands" means "Indian Reserve No. 1 - Cowichan";

(c) “Director of Engineering" means the person appointed from time to time by the Municipality as the Director of Engineering and Operations, or his or her designate;

(d) “Environmental Laws" means all laws relating to the protection of the environment and health and safety of the workplace, including without limitation common law and the Canadian Environmental Protection Act (Canada), the Fisheries Act (Canada), the Workers Compensation Act (British Columbia), the Environmental Management Act (British Columbia) and all rules, regulations, policies and criteria promulgated thereunder from time to time;

(e) "Improvements" means improvements as defined in the Assessment Act, R.S.B.C.1996 c. 20, s. 1;

(f) "JUB" means the Joint Utilities Board comprised of members of the Municipality of

Duncan and the Municipality of North Cowichan;

(g) "Municipal Standards" means all health, safety and engineering standards established from time to time by the Municipality, including without limitation the Municipality's Sewer Services Bylaw;

(h) "Municipal System" means the Municipality's system of sanitary sewer mains and

sewage treatment facilities;

(i) "Professional Engineer" means a professional engineer specializing in municipal infrastructure who is registered and in good standing with the Association of Professional Engineers of British Columbia;

(j) "Reserve Infrastructure" means any and all infrastructure and connections constructed and installed by the Cowichan Tribes and located on, under or within the Cowichan Tribes' Lands and Serviced Lands necessary for the provision of the Service. For greater certainty, the "Reserve Infrastructure" does not include any infrastructure or connections constructed or installed by the Municipality on the Cowichan Tribes' Lands and the Serviced Lands;

(k) "Service" means sewage collection and transmission services for the sanitary sewage coming from the Serviced Lands;

(l) "Serviced Lands" means that portion of the Cowichan Tribes' Lands within the boundaries shown outlined in bold on the plans attached hereto as Schedules "C" and “D”, and listed by civic addresses on Schedule “E”;

(m) "Sewer Services Bylaw" means the Municipality's Sewer Services Bylaw 1998”, as

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may be amended or replaced from time to time;

(n) "Term" has the meaning set out in section 4.1 below.

1.2 Governing Law

This Agreement will be governed and construed in accordance with the laws of British Columbia and Canada, and the parties hereto attorn to the Courts of British Columbia. 1.3 Acknowledgment of Rights

Nothing contained in this Agreement will be deemed to limit or affect any aboriginal rights or claims the Cowichan Tribes may have at law. Nothing contained in this Agreement will be deemed to limit or affect the legal rights, duties or obligations of the Municipality. The parties agree that nothing in this Agreement will affect the cooperation or consultation covenants the parties have entered into pursuant to any other agreement. 1.4 Headings

The division of this Agreement into sections and the insertion of headings are for convenience only and do not form a part of this Agreement and will not be used to interpret, define or limit the scope, extent or intent of this Agreement. 1.5 Interpretation

Wherever the singular or masculine is used in this Agreement, the same will be deemed to include the plural, the feminine or the body corporate or politic where the context so requires, and vice versa. 1.6 Severability

If any provision of this Agreement, or part thereof, is judged invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect, provided that if the intent of the parties is not thereby preserved, then either party may require the other party to negotiate in good faith a replacement for the invalid, illegal or unenforceable provision that is consistent with the intent of the parties hereto. 1.7 Schedules

The following schedules are incorporated into and form a part of this Agreement:

Schedule “A” Cowichan Tribes' Band Council Resolution Schedule "B" Municipal Council Resolution Schedule "C" Serviced Lands Schedule "D" Serviced Lands Schedule "E" Civic Addresses of Serviced Lands

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2. PROVISION OF SERVICES 2.1 Service

Subject to the terms and conditions of this Agreement, the Municipality will provide the Service to the Serviced Lands for the benefit of the Cowichan Tribes and occupants of the Serviced Lands for the duration of this Agreement.

2.2 Standard of Services The Municipality will provide Service to the Serviced Lands to the same standard and qualities as such service is ordinarily provided by the Municipality to the residents within the Municipality of North Cowichan.

2.3 Limitation

Despite the foregoing, nothing in this Agreement will: (a) require the Municipality to provide Service to the Serviced Lands or any part thereof or to

any occupiers of the Serviced Lands if at any time the Municipality, acting reasonably, determines:

(i) that it does not have the capacity or foreseeable capacity to provide the Service;

or

(ii) the provision of the Service would require the extension or upgrading of existing Services or infrastructure and the Municipality and Cowichan Tribes are unable to conclude an agreement acceptable to them whereby the cost of the extension or upgrading is paid by or on behalf of the Cowichan Tribes (to the extent it benefits the Cowichan Tribes, the Serviced Lands or the Cowichan Tribes' Lands);

(b) impose upon the Municipality any greater duty to supply the Service to the Serviced

Lands than it has to other residents of the Municipality of North Cowichan receiving services from the Municipality;

(c) require the Municipality to provide the Service to the Serviced Lands where the Serviced

Lands or any Improvement thereon is or will be used for any purpose which, in the reasonable opinion of the Municipality, would be considered to be inconsistent with any Environmental Laws or applicable bylaws of the Municipality or the Cowichan Tribes then in force for similar lands or improvements; or

(d) require the Municipality to provide the Service that is delivered in whole or in part by means

of Reserve Infrastructure on the Serviced Lands that does not meet the safety, engineering and environmental standards of the Municipality generally applicable to such Reserve Infrastructure.

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2.4 Discontinuation of Service The Municipality may interrupt or discontinue the Service as follows: (a) without notice in the event of an emergency;

(b) in accordance with section 4.2(b) for non-payment of the fees described in section 3.4 below (Payment for the Service);

(c) with verbal or written notice in the event of a violation of the Sewer Services Bylaw, or

any existing or future bylaws of a health or safety nature; or

(d) following discussion and written notice in the event of planned operational maintenance. The Municipality will re-instate the Service as soon as reasonably practicable if the default or breach is remedied to the satisfaction of the Municipality, acting reasonably. 3. COWICHAN TRIBES' COVENANTS

3.1 Cowichan Tribes to Construct and Maintain

The Cowichan Tribes will, at its sole cost, design, install, upgrade, construct, repair and maintain the Reserve Infrastructure in conformity with the Municipal Standards and to the satisfaction of the Director of Engineering in his sole discretion. All such Reserve Infrastructure will remain the sole property of the Cowichan Tribes. A Professional Engineer's certificate will be required before the physical tie-in is made to the Municipal System or before the Reserve Infrastructure, or any part thereof, is connected to the Municipal System.

3.2 Inspection by Municipality

All Reserve Infrastructure must be constructed and inspected to the satisfaction of the Director of Engineering or his designate regardless of its location, and all physical tie-ins to any sewer main or to the Municipal System must be made in the presence of the Director of Engineering, and all tie-ins must remain uncovered until the Reserve Infrastructure has been inspected and accepted by the Director of Engineering.

3.3 Payment of Inspection Fee

Upon the tie-in inspections performed by the Director of Engineering, the Cowichan Tribes will pay to the Municipality the applicable inspection fee, if any, as set out in the Municipality's Fees Bylaw No. 3565, as may be amended or replaced from time to time. The inspection fee will be paid to the Municipality within 30 days of the delivery of the Municipality's invoice to the Cowichan Tribes. Overdue amounts will be subject to a 2% interest charge per month.

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3.4 Payment for the Service Upon the installation of any new Reserve Infrastructure necessary in connection with the Service, the Cowichan Tribes will pay to the Municipality the amount prescribed in the Municipality's Fees Bylaw, within 30 days of delivery of the Municipality's invoice to the Cowichan Tribes. The Cowichan Tribes will, for the duration of the Term of this Agreement, continue to pay the applicable sewer user and parcel fees prescribed in the in the Municipality's Fees Bylaw, within 30 days of delivery of the Municipality's invoices to the Cowichan Tribes. Overdue amounts will be subject to a 2% interest charge per month. 3.5 JUB Sewer Capacity Units

All JUB sewer capacity units necessary to account for the tie-ins are the responsibility of Cowichan Tribes and must be deducted from Cowichan Tribes allocation of unused sewer capacity units. The Municipality may, at its discretion, permit the Cowichan Tribes to use some of the Municipality's allocation of unused sewer capacity units; provided that the Cowichan Tribes pays compensation to the Municipality for use of the Municipality's existing capacity at a rate to be determined by the Municipality at the time permission is granted.

3.6 Additional Hook-ups

Cowichan Tribes will not allow any additional hook-ups directly or indirectly to or affecting the Municipality's System without prior written approval of the Municipality.

3.7 Observance of Sewer Services Bylaw

The Cowichan Tribes must comply with the Sewer Services Bylaw with respect to the Service and must take all reasonable steps to ensure compliance with the Sewer Services Bylaw by any person receiving the Service.

3.8 Indemnity

The Cowichan Tribes will indemnify and hold harmless the Municipality from any loss, damage, expense or cost suffered or incurred, directly or indirectly, by the Municipality, as a consequence of the failure of the Cowichan Tribes to fulfill its obligations under section 3.7 above. This indemnity will survive the termination or expiration of this Agreement.

4. TERM AND TERMINATION

4.1 Term

The term of this Agreement (the "Term") will commence on the date first written above and will continue for a period of ten (10) years, subject to the following:

(a) early termination in accordance with this Agreement; or

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(b) renewal or extension of the Term on such terms as the parties agree to in writing. If the parties agree to an extension of the Term, then the following will apply:

(i) the parties will mutually amend such provisions of this Agreement as deemed necessary;

(ii) all terms and conditions of this Agreement not mutually amended will remain the

same; and

(iii) the Term will be extended for the period(s) agreed to by the parties. 4.2 Termination

The parties agree that:

(a) either party may terminate this Agreement on twelve (12) months written notice to the other party;

(b) if there is a breach on any term of this Agreement by a party, the other party may,

at its option, notify the party in breach and give the party responsible for the breach such time as is reasonable in view of the nature of the breach to remedy the breach. If the breach continues after the period of time given to remedy the beach, the party not in breach may, at its option, terminate this Agreement;

(c) this Agreement will automatically terminate if the Cowichan Tribes signs a Treaty with the

Federal Crown and/or the Province of British Columbia, and the Serviced Lands are no longer reserve lands under the Indian Act, R.S.C. 1985 c. 1-5; and

(d) upon the termination of this Agreement, the Service will be disconnected.

5. GENERAL

5.1 Indemnities

The parties covenant and agree with each other as follows:

(a) the Cowichan Tribes will indemnify and save harmless the Municipality and any

party for whom the Municipality is responsible in law from and against any and all losses, damages, costs, liabilities, suits, claims or expenses incurred by the Municipality and arising out of any breach by the Cowichan Tribes of any of its obligations under this Agreement;

(b) the Cowichan Tribes will indemnify and save harmless the Municipality from and

against any and all losses, damages, costs, liabilities, suits, claims or expenses as a result of a sewer backup; and

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(c) the Municipality will indemnify and save harmless the Cowichan Tribes and any party for whom the Cowichan Tribes are responsible in law from and against any and all losses, damages, costs, liabilities, suits, claims or expenses incurred by the Cowichan Tribes and arising out of any breach by the Municipality of any of its obligations under this Agreement.

The indemnities in this section 5.1 will survive the expiration or termination of this Agreement.

5.2 Municipality's Access

The Cowichan Tribes hereby agrees to permit the Municipality and/or the Municipality's employees, contractors and agents to enter upon and cross the Cowichan Tribes' Lands and/or the Serviced Lands, upon reasonable notice (except in the case of emergencies, in which case, no notice is required), with or without personnel, equipment, and materials, for the purposes of inspecting, replacing, repairing and removing the Reserve Infrastructure, determining whether the Reserve Infrastructure conforms with the Municipality Standards and are to the satisfaction of the Director of Engineering in his sole discretion, and determining whether there has been compliance with provisions of this Agreement, all of which is to be at the sole cost and expense of the Cowichan Tribes. 5.3 Amendment and Waiver

No amendment, waiver, termination or variation of the terms, conditions, warranties, covenants, agreements and undertakings set out herein will be of any force or effect unless the same is reduced to writing duly executed by the applicable parties hereto in the same manner and formality as this Agreement, and no waiver of any of the provisions in this Agreement will constitute a waiver of any other provision (whether or not similar) and no waiver will constitute a continuing waiver unless otherwise expressly provided. Despite the foregoing, the Sewer Services Bylaw or Fees Bylaw may be updated from time to time without requiring an amendment to this Agreement.

5.4 Notice

Any notice or other communication to be given under the provisions of this Agreement by any party must be in writing and delivered by hand, facsimile transmission, e-mail or pre-paid registered mail to the party to which it is to be given as follows:

(a) To the Municipality at:

Box 278 7030 Trans-Canada Highway Duncan, British Columbia, V9L 3X4 Attention: Corporate Officer Fax No: 250-746-3133 Email: [email protected]

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(b) to the Cowichan Tribes at:

5760 Allenby Road Duncan, British Columbia, V9L 5J1 Attention: General Manager Fax No: 250-715-330 Email: [email protected]

or at such other address as the party to whom notice is to be sent may specify in accordance with provisions of this section. Any such notice will be deemed to have been given, in the case of delivery by hand, at time of delivery; in the case of facsimile transmission or e-mail, when a legible facsimile or e-mail is received by the recipient; in the case of delivery by prepaid registered mail, on the date received; and in the case of regular mail, on the third business day after the date of mailing. In the event of discontinuance of postal service due to strike, lockout, labour disturbance or otherwise, notices, demands, requests and other communications must be delivered by hand, or by facsimile transmission or e-mail.

5.5 Assignment The Cowichan Tribes must not assign this Agreement without first obtaining the prior written consent of the Municipality.

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above.

The Cowichan Tribes by its authorized signatories:

The Corporate Seal of The Corporation of the District of North Cowichan was hereunto affixed in the presence of:

Chief

General Manager Jon Lefebure, Mayor

Signature of Witness Mark Ruttan, Corporate Officer

Printed Name of Witness

Address of Witness

Occupation

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SCHEDULE “A”

Cowichan Tribes’ Band Council Resolution

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SCHEDULE “B”

Municipal Council Resolution

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SCHEDULE “C”

Serviced Lands

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SCHEDULE “D”

Serviced Lands

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SCHEDULE “E”

Civic Addresses of Serviced Lands

1 2268-#1 Quamichan Road East 2 2268-#2 Quamichan Road East 3 2271 Quamichan Road East 4 2275 Quamichan Road East 5 2281 Quamichan Road East 6 2285 Quamichan Road East 7 2289 Quamichan Road East 8 2291-#1 Quamichan Road East 9 2291-#2 Quamichan Road East 10 2297-#1 Quamichan Road East 11 2297-#2 Quamichan Road East 12 2558 Quamichan Road West 13 2566 Quamichan Road West 14 2263 Qwi'lus Lane 15 2266 Qwi'lus Lane 16 2267 Qwi'lus Lane 17 2271-A Qwi'lus Lane 18 2271-B Qwi'lus Lane 19 2272 Qwi'lus Lane 20 2277 Qwi'lus Lane 21 2278 Qwi'lus Lane 22 2281 Qwi'lus Lane 23 2284 Qwi'lus Lane 24 1760 Tzouhalem Road 25 1820 Tzouhalem Road 26 1878 Tzouhalem Road 27 1884 Tzouhalem Road 28 1900 Tzouhalem Road 29 1950 Tzouhalem Road 30 1954-#1 Tzouhalem Road 31 1954 Tzouhalem Road 32 1980 Tzouhalem Road 33 1982 Tzouhalem Road 34 1984 Tzouhalem Road 35 1988 Tzouhalem Road 36 2086 Tzouhalem Road 37 2158 Tzouhalem Road 38 2174 Tzouhalem Road 39 5728 Wuhus Crescent 40 5731 Wuhus Crescent 41 5732 Wuhus Crescent 42 5734 Wuhus Crescent 43 5736 Wuhus Crescent 44 5740 Wuhus Crescent 45 5743 Wuhus Crescent 46 5744 Wuhus Crescent 47 5747 Wuhus Crescent 48 5748 Wuhus Crescent 49 2272-#1 Quamichan Road East 50 2272-#2 Quamichan Road East 51 2276-#1 Quamichan Road East 52 2276-#1 Quamichan Road East

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Report



Date September 9, 2015 File: CI000149

To Council

From Brian Green, Manager of Planning and Sustainability Endorsed:

Subject Illegal Land Use – 6715 Somenos Road

Purpose

The purpose of this report is to recommend that Council direct staff to commence legal action against

the property owner of 6715 Somenos Road in order to achieve full compliance with Municipal bylaws,

and in accordance with North Cowichan’s Municipal Bylaw Compliance and Enforcement Policy.

Background

The following represents a chronology of recent events and activities related to the subject property:

April 11, 2011 – Municipal staff issued a Stop Work Order to the subject property owner due to

the construction of a significant addition to the building which was taking place without having

first obtained a building permit.

November 14, 2011 – Municipal staff issued a second Stop Work Order to the subject property

owner due to continuing construction of a significant addition to the building which was taking

place without having first obtained a building permit.

June 27, 2012 – A letter was sent by the Bylaw Compliance Officer advising the property owner

to cease and desist with any and all business activities which were contrary to the Municipality’s

Zoning Bylaw.

November 14, 2012 - A fine was issued to the property owner for having no building permit for

the addition at the rear of the property.

April 22, 2013 - A letter was sent by the Manager of Planning and Sustainability to cease the use

of the property as an automotive repair shop.

January 15, 2014 – Council directed the Corporate Officer to file a Bylaw Contravention Notice

respecting 6715 Somenos Road at the Land Title and Survey Authority of British Columbia under

Section 57 of the Community Charter.

Following placement of the Notice on Title staff have identified that the illegal use of this split zoned

property and the business taking place (automotive repair, body work and vehicle painting) at the site

has continued and in fact appears to have increased in recent months. The Municipality has also

received a number of letters from a neighbouring property owner’s solicitor expressing concerns

regarding the use of the property and asking what steps were being taken by the Municipality to

address the situation.

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On April 29, 2015 a further letter was sent to property owner, following a meeting between staff and the

owner and his lawyer, stating what needed to be undertaken to bring the property into compliance with

Municipal bylaws and what information would be needed in support of a rezoning application. The

letter also indicated that a failure to respond to this letter by May 15, 2015 would result in staff taking a

report to Council recommending commencement of legal proceedings. The Municipality has had no

further contact with the owner or his representatives since that meeting in April, 2015.

Discussion

The property is split zoned as Residential Rural (R1) and Commercial General (C2) under North

Cowichan’s Zoning Bylaw 2950. The repair and service of vehicles, body work and vehicle painting are

not permitted use in either of these zones. The C2 zoning on the western 20% (+/-) portion of this

property likely reflects a historic use of this property as a service station. The service station has not

existed for many years.

The significant addition at the rear of building, which was built without any building permits and is only

partially completed, is also being used for the repair and undertaking of body work and spray painting

of vehicles and is located within the R1 portion of the property. To be clear, the entire property is being

used for vehicle repair, vehicle storage, body work and vehicle painting, both within the buildings and in

front of and behind the buildings.

There are also two residential dwelling units within the main building which have been constructed

without building permits.

In addition, there may be soil contamination issues with the property given its historic use as a service

station. The owner, without permission or approval from the Municipality or the Provincial Ministry of

Environment, dug up and relocated a significant volume of material from in front of the property in late

2014 in the area of the former gas pumps. These materials were then relocated and spread across the

rear of the property.

Staff have had numerous discussions with Ministry of Environment staff, who continue to investigate

and are monitoring this material. MOE has not yet been able to confirm whether the relocation

contravenes the Environmental Management Act. Of note, Averill Creek, along with an un-named

tributary to Averill Creek, both run within approximately 300-400 metres (south and southeast) of the

subject property.

In addition, the business has been and continues to operate without a business licence.

Implications

Staff are recommending that Council commence legal action to ensure full compliance with North

Cowichan’s Zoning and Building Bylaw. It is important to note that taking legal action does have

financial implications; however, it would be the intent to seek recovery (or partial) from the owner of

our legal costs associated with bringing this action should the Municipality be successful.

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Taking legal action at this stage will send a strong message that the Municipality is willing to take the

necessary action to ensure compliance and avoiding ‘copycat’ infractions. Community members and

neighbouring and affected property owners also want certainty and have an expectation that the

Municipality will enforce our bylaws, that they will be applied consistently and fairly, and that

complaints will be dealt with in a timely manner.

In this instance, the above-noted history illustrates the significant time that Staff have spent working

with and/or dealing with this property and the property owner over the past 4 years. At this stage,

none of these efforts have resulted in any positive improvements or move towards bylaw compliance.

As a result, Staff support moving to enforcement and commencement of legal proceeding as a viable

option to resolve this situation.

Recommendation

That Council direct staff to commence legal action against the property owner of 6715 Somenos Road,

to ensure the property achieves full compliance with Municipal bylaws.

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September 4, 2015

Mayors across Canada vow to lead in settling refugeesBy JOE FRIESEN, JEFF JONES and LES PERREAUX

From Calgary's Naheed Nenshi to Quebec's Denis Coderre, mayors pledge to take a bottom-up

approach in hopes of inspiring senior levels of government to take action

A movement is building for Canadian cities to take a lead role in organizing the sponsorship and settlement of

refugees fleeing the chaos of Syria.

Canada's mayors stepped to the fore Friday expressing their support for a stronger Canadian response to the refugee

crisis. First among them was Toronto Mayor John Tory, who spoke to his counterparts in Ottawa, Calgary, Vancouver

and Edmonton about joining forces with Lifeline Syria, a grassroots initiative for connecting citizens willing to privately

sponsor a refugee, and one through which Mr. Tory has personally pledged to sponsor a refugee family.

He said he asked that the issue of refugee resettlement be added to the agenda for the next meeting of the big-city

mayors. Brampton Mayor Linda Jeffrey said she, too, would be making a donation through Lifeline Syria and urged

others to do the same.

Calgary Mayor Naheed Nenshi, who has called Canada's handling of the refugee situation a "disgrace," said

municipalities need to co-ordinate their efforts with faith groups, non-profit organizations and community associations

to encourage citizens to sponsor as many refugees as possible.

"I don't have a lot of levers, but what I do have is a pulpit, and encouraging people to do what they can as individuals,

as families, as faith groups to just take people in is an immediate thing we can do now. That's something I'm looking

forward to pushing as much as I can," Mr. Nenshi said. "Let's bring more and more people to Calgary. It's always

been a city of welcome, it's always been a city of sanctuary."

His counterpart in Edmonton, Don Iveson, said the Syrian situation is heartbreaking. As a leader, he hopes to

encourage community initiatives for refugee assistance and settlement.

"Most good things happen from the bottom up and not the top down. It's easy to blame the federal government, but

we have a tradition in this country and especially in this city of welcoming newcomers and particularly people coming

from tragic, war-torn situations, with open arms and great generosity," Mr. Iveson said.

In Whistler, B.C., Mayor Nancy Wilhelm-Morden said she had watched the growing crisis this summer with a feeling of

helplessness, but was spurred to action by the image of three-year-old Alan Kurdi's body washed ashore in Turkey.

She said she asked her staff to see what could be done, and preliminary indications are that it would be possible for

the municipality itself to act as a sponsor for refugee families, Ms. Wilhelm-Morden said. Whistler has a population of

about 10,000 that fluctuates with tourist seasons, but surely it could support three or four refugee families, the mayorsaid.

"Imagine if every town and city across Canada did this, just take three or four families. What a difference we could

make," Ms. Wilhelm-Morden said.

Montreal's Denis Coderre, a former federal immigration minister, said his city is prepared to welcome more Syrianrefugees and called on the federal government to step up with a special program for people fleeing the crisis in the

Middle East.

"There are 4-1/2 million people displaced. It can't just be a one-day story. The Canadian government must not justsay, 'We've already done our part.' We have not done enough," Mr. Coderre said.

He urged politicians to put aside the federal election battle for a few days to concentrate on alleviating the suffering of

migrants.

Kitchener Mayor Berry Vrbanovic said the stark images of the humanitarian crisis unfolding in Europe have reminded

Canada of "the role that it has traditionally played as a caring nation in times of global crisis."131

"We've been a community that has welcomed people in the past. I believe our doors will once again be open if

Canada were to welcome more Syrian refugees," Mr. Vrbanovic said.

Halifax Mayor Mike Savage said his city is also ready to do more, but details will have to wait until the regional council

weighs in on Tuesday. "Halifax is a welcoming community. The province wants more immigrants, and not just people

who come with pockets full of money," he said. "When you're facing a humanitarian crisis, there's a moral obligation

for everyone to act."

With reports from Ann Hui, Patrick White and Dakshana Bascaramurty

The Globe and Mail, Inc.

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132

7030 Trans-Canada Highway | Box 278

Duncan, BC V9L 3X4 Canada

www.northcowichan.ca

jun05_letter to UBCM Infrastructure

T 250.746.3100

F 250.746.3133

June 5, 2015 File: 0250-20 UBCM

Reiko Tagami

Information & Resolutions Coordinator

Union of British Columbia Municipalities

Suite 60 10551 Shellbridge Way

Richmond, BC V6X 2W9

[email protected]

Dear Ms. Tagami:

Re: UBCM Resolution re: Infrastructure

I write to advise that the North Cowichan Municipal Council, at its June 3, 2015, Regular Council

meeting endorsed the above-noted resolution for consideration at the upcoming UBCM conference.

Enclosed for your information is the proposed resolution and accompanying report. If you have any

questions, please contact me at 250-746-3100.

Sincerely

Mark Ruttan, BA, MPA, CMC,

Director of Corporate Services / Deputy CAO

[email protected]

Enclosures

c: Mayor and Council

133

Infrastructure Municipality of North Cowichan

WHEREAS Local governments collect only 8% of total tax revenue in Canada but are responsible for 60% of the infrastructure demands which contribute to the upward spiralling of property taxes; AND WHEREAS the Government of Canada, through the Building Canada Fund, allocates monies to the Provinces that are meant to address the increasing infrastructure deficit and demands, but the Province of BC transfers only 40% of these monies to local government; THEREFORE BE IT RESOLVED that UBCM petition the Province to allocate 60% of the Building Canada Fund directly to Local government.

134

New Building Canada Fund

“Each province and territory (P/T) is allocated a specific amount of funding from the federal

government under the Provincial‐Territorial Infrastructure Component (PTIC) of the New

Building Canada Fund. Funding amounts are allocated to each province and territory over

the ten‐year duration of the New Building Canada Plan (2014‐2024).

This is funding that provinces and territories can access to receive federal support for their

infrastructure project priorities over the next decade.

Each province and territory will receive a base funding amount of $250 million ($25 million

per year over 10 years) plus a per capita amount based on the 2011 Census.

British Columbia’s share is $ 1,089,847.436.00. “

Source: Infrastructure Canada website, Last updated : 2014‐02‐13

In it’s 2012 submission to the Government of Canada’s Long Term Infrastructure Plan

Consultation, FCM asked the Federal Government to direct 100 percent of the Building

Canada Fund to municipal infrastructure.

The Province of Manitoba does direct 100% of this fund to local government infrastructure,

whereas BC directs only 40. FCM also asked that the current purchasing power of the BCF be

protected against inflation and population and economic growth; that the BCF be adapted

as needed to reflect the specific needs and circumstances of each province and territory.

And that they reduce the population cut-off of the BCF Small Communities Component to

below 100,000 and streamline the program to ensure small, rural and remote communities

can access the funds efficiently and fairly, in particular for roads and bridges.

They also asked that the eligible project categories be harmonized to improve flexibility of

the BCF to include all municipally owned infrastructure.

According to Rob Duffy from Sustainable Communities Initiative speaks of the offloading of

senior government onto local government. A fresh analysis of revenue and spending data

indicate there has been a direct offloading of responsibilities, regulatory changes that force

spending and cancellation of programs and services leaving a gap. Grants and/or transfers

have been cancelled and underfunded, and there has been a failure to address federal and

provincial issues such as housing, mental health, wildlife into urban areas.

In 1988, municipalities paid 35% share of the infrastructure and that had gone up to 52% by

2012.

The province shed thousands of jobs leading to local government adding jobs. Directly the

same jobs that had been done on the provincial tab now paid under property tax revenues.

At the same time, federal transfers sharply decreased. Currently $ 4 billion less in BC than

would be received if funding had continued at 1995 levels.

135

New wastewater treatment and diking and flood management requirements have added

greatly to local capital budgets. New responsibilities need new funding and local

governments need more stable funding that does not depend so heavily on property tax in

order to deal with the infrastructure deficit and the gigantic infrastructure costs coming

down the pike as well as the damage caused by extreme weather events etc.

136

7030 Trans-Canada Highway | Box 278

Duncan, BC V9L 3X4 Canada

www.northcowichan.ca

morjun19.2015lgg_Tagami_UBCM_Tourism

T 250.746.3100

F 250.746.3133

June 19, 2015 File: 0250-20 UBCM

Reiko Tagami

Information & Resolutions Coordinator

Union of British Columbia Municipalities

Suite 60 10551 Shellbridge Way

Richmond, BC V6X 2W9

[email protected]

Dear Ms. Tagami:

Re: UBCM Resolution re: Visitor Information Centre Funding

I write to advise that the North Cowichan Municipal Council, at its June 17, 2015, Regular Council

meeting endorsed the above-noted resolution for consideration at the upcoming UBCM conference.

Enclosed for your information is the proposed resolution and accompanying report. If you have any

questions, please contact me at 250-746-3100.

Sincerely

Mark Ruttan, BA, MPA, CMC,

Director of Corporate Services / Deputy CAO

[email protected]

Enclosures

c: Mayor and Council

137

Visitor Information Centre Funding Municipality of North Cowichan

WHEREAS British Columbia tourism generated $ 13.9 billion in revenue, $ 7.3 billion in GDP

and employed over 132,000 people (2013), and communities across the Province have built

and operate visitor centres by relying on annual performance based funding from

Destination BC;

AND WHEREAS Destination BC decided in 2014 to eliminate its performance-based grant

calculation model, which funded local Visitor Centers based on the traffic counts generated

at each Center,

AND WHEREAS communities with visitor centres that are members of the Visitor Centre

Network require assurance of long-term funding based on their specific traffic counts and

long term needs,

THEREFORE BE IT RESOLVED that UBCM petition the Province to direct Destination BC to

restore its "performance-based" funding model for Visitors Centers - a model based on

actual traffic at local and regional Visitors Centers - to create a stable funding environment

based on particular, local needs and in support of local jobs and economic development

across the Province.

138

Overview of Tourism in British Columbia

Tourism is a critical player in the provincial economy, with a proven capacity to grow. In

2013, the tourism industry generated $13.9 billion in revenue, an increase of 3.6 per cent

from 2012 and a 44% increase since 2003. Tourism added $7.3 billion to provincial GDP

and employed over 132,000 people. The tourism industry generates social and cultural

benefits for all British Columbians.

In September 2011, the provincial government released Canada Starts Here: the BC Jobs

Plan, which identified eight sectors, including tourism, where BC has a unique

competitive advantage. On October 25, 2011, Premier Christy Clark introduced a specific

strategy for tourism called Gaining the Edge, a Five-year Strategy for Tourism in

British Columbia 2012-2016. Destination BC, a Provincial Crown Corporation, was

launched in April 2013 to provide innovative and industry-led leadership while remaining

accountable to taxpayers. According to its 2015/16 – 2017/18 Service Plan, Destination

BC’s corporate strategy is based on three pillars: creating a ‘magnetic brand’, fostering

‘remarkable experiences’, and enabling a ‘powerful marketing network’.

Visitor Servicing through Destination BC’s Visitor Centre Network

With over 100 locations across the province, the Visitor Centre Network continues to play

an important role in servicing travellers. Providing remarkable visitor service to visitors

travelling in BC, personnel help to extend visitors’ stay and/or spending by introducing

new ideas for attractions and excursions. Most importantly, Visitor Centres enhance

visitor experience and garner positive recommendations and referrals to friends, family

and colleagues.

Member Visitor Centres in the Visitor Centre Network have relied on annual Fee-for-

Service funding from Tourism BC (now Destination BC) since 1997, to support the human

resources needed to keep people in local communities, regions and the province longer.

Up to 2013, this fee-for-service funding was provided on a performance-based funding

formula.

In September 2014, Destination BC informed Network members that 2015 Fee-for-

Service Funding would be the same Fee-for-Service Funding as allocated in 2014. This

was based on the three parameter calculation of 2013 visitor stats.*

Unfortunately, this did not reward those Visitor Centres across the province who saw a

substantial increase of visitors in 2014 and whom expected the 2015 funding to reflect

the 2014 increases in visitor stats. (In particular, this reflected on Visitor Centres on

Vancouver Island who experienced higher visitor stats in 2014)

139

Directing funds away from grass roots Visitor Services and towards institutional

advertising is one thing (and may get visitors to come to BC) – getting them to stay

longer and see more is quite another.

“You may be wondering why we are investing in a physical location for visitor services in

the age of digital information. Today’s visitor services include the traditional delivery of

services from Centres, as well as more mobile, innovative approaches. Research shows

that visitors who have personal contact with counsellors stay longer and are more likely

to make a return visit to enjoy the sites and activities they may not have known about or

had time to experience on their initial visit. International visitors are often travelling

without mobile devices and make decisions about their travel based on

recommendations provided by staff at Visitor Centres. Visitors to Vancouver Island have

shown to be more likely to make decisions about their activities while on their trip,

therefore accessibility to Visitor Centres remains of high importance.” Victoria Business

Examiner

Destination BC acknowledges that the performance-based fee calculation model that

Visitor Centres had come to rely on, was not used to determine 2015 Fee-for-Service

Funding. Since the fall of 2014, Destination BC has been consulting with the Visitor

Centre Network about the evolving needs of visitors and future funding for the members

of the Visitor Centre Network.

However, members of the Visitor Centre Network are operating in a regime of

uncertainty, where future Fee-for-Service funding is not guaranteed and may conceivably

be eroded by more emphasis being put on marketing the province than delivering

“exemplary, remarkable Visitor Services”.

It is requested that the provincial government provide long term and guaranteed

stability to members of the important Visitor Centre Network, to ensure conditions for

success and positive economic impact for communities, regions and the province.

* As relayed by Destination BC:

“The Fee for Service is calculated annually and starts with the three parameter calculation

model introduced in 2012 (see below). We then adjust to fit the bottom line of our

approved budget.”

The three calculation parameters:

1. Base rate of $10,000 ($5,000 for Visitor Centres not currently meeting visitation

minimum requirement of three visitor parties per hour during the peak season of July

and August);

2. $1000/visitor party per hour for peak season (Visitor Centres meeting minimum

requirement of three visitor parties per hour);

3. $1/hour on total annual hours of operation (all Visitor Centres).

140

Joint Meeting Guidelines

Municipality of North Cowichan/City of Duncan

June 26, 2013

Purpose of meetings

• Discuss significant issues affecting both municipalities

• Maintain an open dialogue between councils

• Foster municipal purposes (see s. 7 of the Community Charter)

Frequency of meetings

• Twice a year (targeting spring and fall)

• Specific dates and times to be determined

• Additional meetings if necessary

Location of meetings

• Alternate between North Cowichan and Duncan City Hall

Type of meetings

• Committee-of-the Whole meetings

Meeting Procedure

• In accordance with the Council Procedure Bylaw of the host council.

Clerical responsibility

• Corporate Officer of the host council

Agenda Preparation

• Each council may submit up to 3 topics for the agenda which must be generally

supported by the majority of the council putting forward the agenda item. Final

approval of the agenda topics will be determined by both Mayors.

• Each topic should be accompanied by a brief 1-2 page background report describing the

issue, options and providing a recommendation.

• Agenda will be prepared and issued by the Corporate Officer of the host council once

approved by the host Mayor and CAO.

Minutes & Aftermath

• Minutes will be prepared by the Corporate Officer of the host council

• Minutes will be reviewed by both councils and approved by the host council

• Follow-up tasks will be coordinated by the CAO of the host council

• Related council decisions will be made by each council, as required

37

141

Municipality of North Cowichan

Public Works Committee

MINUTES

August 26, 2015, 12:00 p.m.

Municipal Hall - Committee Room

Members Present Councillor Al Siebring, Chair

Councillor Kate Marsh

Councillor Joyce Behnsen

Jon Lefebure (ex-officio)

Staff Present Iain Bell, Manager of Operations

David Conway, Director of Engineering and Operations

Mary Beth MacKenzie, Deputy Director of Corporate Services

Kristy Convery, Records & Information Management Assistant

1. CALL TO ORDER

There being a quorum present, the Chair called the meeting to order at 12:00 p.m.



That the Committee approve the agenda as amended to add item 5.1 Proposed Land Exchange,

Tansor Station.

CARRIED

3. ADOPTION OF MINUTES


That the Committee adopt the minutes of the meeting held July 8, 2015.

CARRIED

4. BUSINESS

4.1 Proposal to Realign North Road

The Director of Engineering and Operations provided further information on a proposal

to realign North Road, discussed at the July 8, 2015 Public Works Committee meeting,

and the need to consider this proposal as part of an overall traffic study.


That the Committee recommend that Council direct staff to include the realignment of

North Road as part of the upcoming traffic study.

CARRIED

142

August 26, 2015 - Public Works Committee Minutes

2

4.2 Caution Farm Equipment Signs

The Committee reviewed the Director of Engineering and Operations' August 21, 2015

report recommending a matrix for assessing the placement of farm equipment warning

signs.


That the Committee recommend that Council approve the matrix attached to the

Director of Engineering and Operations' August 21, 2015 report, as a basis for assessing

the need for installing farm equipment warning signs.

CARRIED

4.3 Anti-Idling Bylaw

The Committee discussed a request from a member of the public to consider an anti-

idling bylaw similar to bylaws adopted by the City of Duncan and the Town of Lake

Cowichan. Committee members agreed that the best approach to discourage vehicle

idling would be through an education strategy. Mayor Lefebure agreed to discuss with

staff at the Cowichan Valley Regional District, the posting of signs to discourage idling at

Bing's Creek Recycling Centre.

4.4 Watermain Replacement

The Committee listened to a request to consider the replacement of ageing watermain

infrastructure instead of partial upgrades as problems occur. The Director of Engineering

and Operations advised that there is currently insufficient funding to conduct upgrades

to the entire system. He also discssed the three water service areas - Crofton,

Chemainus and South End. Noting the increased age of infrastructure in Chemainus and

Crofton and the lack of funding for these two areas, it was determined that an asset

management program would be better able to assess the status of the systems and

establish rates to plan for future watermain replacement.


That the Committee recommend that Council direct staff to prepare a report on the

replacement of ageing watermain infrastructure and the amalgamation of the three

current water systems into one system in preparation for the 2016 budget discussions.

CARRIED

4.5 Election of Vice-Chair

In accordance with Section 4(2) of the "Select Committees Bylaw," nominations were

called for a Vice-Chair from the Committee members.


That Councillor Joyce Behnsen be acclaimed Vice-Chair of the Public Works Committee.

CARRIED

143

August 26, 2015 - Public Works Committee Minutes

3

5. NEW BUSINESS

5.1 Proposed Land Exchange - Tansor Station

The Committee discussed the Tansor industrial site properties and a previous request

from the owner of 3730 Cowichan Lake Road to purchase or exchange land in order to

acquire surplus road dedication to improve access to his property. The Director of

Engineering and Operations advised that the property owner is responsible for

maintaining the entrance to his property and can apply for an access permit if he wishes

to pave this area.

6. ADJOURNMENT

The meeting ended at 1:13 p.m.

________________________________ ________________________________

Signed by

Chair or Member Presiding

Certified by

Recording Secretary

144

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