CITY OF CAMPBELL RIVER COMMITTEE OF THE WHOLE AGENDA

Transcription

1 CITY OF CAMPBELL RIVER COMMITTEE OF THE WHOLE AGENDA REGULAR COMMITTEE OF THE WHOLE MEETING, Wednesday, June 24, 2015 at 9:30 AM in the City Hall Committee Room, 301 St. Ann's Road, Campbell River, BC. Page The agenda presents the recommendations extracted from the reports that comprise the agenda background package. To request a copy of a specific report, please contact the Legislative Services Department. 1. APPROVAL OF THE AGENDA 1.1 Approval/modification of the agenda. THAT the Agenda be approved; AND THAT Items 6.1, 6.2 and 6.3 be adopted by consent. 2. DELEGATIONS/PRESENTATIONS 2.1 Chris Bennett, Campbell River resident, presentation regarding: 1. pedestrian safety along Peterson and Willis Roads 2. unsightly properties 3. lack of funding for rural areas as opposed to the downtown Clarence Vogt, Campbell River resident, request for dust control regulations (See Item 6.1) Ken Van de Burgt, Campbell River resident, presentation requesting changes to the Campbell River Grow Operation, Health, Nuisance and Safety Bylaw (See Item 6.2). 3. MAYOR/COUNCIL REPORTS 4. NEW BUSINESS 4.1 Wireless connections at City owned facilities (Councillor Samson) (deferred from the April 22nd COW meeting) 5. NOTICE OF MOTION 6. CONSENT AGENDA Page 1 of 67

2 Page Committee of the Whole Agenda - Wednesday, June 24, Correspondence from Clarence Vogt regarding Roberts Reach. THAT the correspondence from Clarence Vogt regarding Roberts Reach, be received June 2015 correspondence and supporting documents from Ken Van de Burgt. THAT the June 2015 correspondence and supporting documents from Ken Van de Burgt, be received May 27, 2015 Committee of the Whole minutes. 7. ADDENDA ITEMS Draft Fire Service Plan 2015 THAT the May 27, 2015 Committee of the Whole minutes, be adopted. 8. COMMITTEE OF THE WHOLE IN-CAMERA MEETING 8.1 Resolution to move In-Camera THAT Council move In-Camera under the following sections of the Community Charter: 90 (1)(k) negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public. 8.2 NOTE: Items discussed In-Camera are not open to the public. Page 2 of 67

3 S3DIAèS!A!1W1SIO91 c o i Z N iir [Ui _ - / -z p /-V?7 A-i i//7 7/2O7.L/ -/i/ -/o /- 9 //_/ fith(/ /P / VJ 1 74i_1 F 1O 712d? A 2/?/ (2L?,44 6/ J?1L(Y/ OR LI /L / (?(72Y q2-7 / / J 7? A d,>/77zl L7 LY(V 77/t2?/ -7 fl(7 ;77/>/ - a LQL. QL. -i ((Y / 7 +JPi -/J / Y 77 /PJ- t / 7 -V?/& ;A S/7L Page 3 of 67

4 Purpose: To Change Campbell River Grow Operation, Health, Nuisance and Safety Bylaw No. 3154, 2005 So that Marijuana Grow Ops Are NOT ALLOWED Page 4 of 67 in Residential Areas.

5 Measurement: approx 1 m/s 2 Page 5 of 67 BS : Most people feel 0.01m/s 2

6 Page 6 of 67

7 Where is it coming from? Page 7 of 67 My observations are: Machinery at a wood frame house with an MMAR licensed Grow Op No one lives in the house. Its being used only as a greenhouse to produce marijuana

8 Effect on Me Sleep deprivation If I want a good night sleep I go camping rain snow or sleet Stress due to loss of enjoyment of my Home Severe Annoyance Page 8 of 67

9 My Expectation Page 9 of 67 I pay taxes: I expect to live in a place free of statutory nuisances I expect competent investigation of statutory nuisances when they occur The BC Community Charter says the Municipal government is the only authority to manage statutory nuisances

10 Response to My Complaints There has not been a competent investigation of my complaint by any level of government My only remaining option is to undertake a prohibitively expensive court case Page 10 of 67

11 Competent Response Page 11 of 67 Person with knowledge of Acoustics Equipped with tools to measure and record vibration and infrasonic noise Process includes recordings taken at my home

12 If the City is not Willing to Competently investigate Statutory Nuisances attributable to Marijuana Grow Ops then they should not be allowed in Page 12 of 67 residential areas.

13 Marijuana Grow Ops Nuisance The presence of grow ops are known to cause nuisance and reduce property value Anyone I m talking to doesn t want grow ops in their neighborhood Page 13 of 67

14 Marijuana Grow Ops Elsewhere City of Courtenay Bylaw Village of Ucluelet Zoning Bylaw Letter to Editor Aldergrove Star Health Canada Revoked MMAR Page 14 of 67

15 Factors Page 15 of 67 Health Canada MMPR The bylaw is not in alignment with MMPR rules Constitutional Challenge to MMAR change; the Case awaits Judge s Decision The next Federal Government may relax Marijuana laws resulting in Grow Ops proliferating

16 Conclusion Page 16 of 67 Marijuana Grow Ops don t belong in residential Areas preventing nuisances from industrial machinery is why we have zoning laws The City Grow Op Bylaw should be changed so it states Marijuana Grow Ops and the Production of Marijuana Products are not allowed in residential areas

17 Page 17 of 67 Questions?

18 Scjsi(-r7 JGf A)vnrv -&/ -J, J,7J,P/7 L12 JO J/6/ #1 /1 w co-i 4/ s;j /v Q(v zr v 7/vflbIm2 r cy /F:nc ej?/! J-JL (? Q7 7/-V(V77Qy 7p O, H3Z2 p?c/ clrv1p? 7(7V/ &/ rv/ 2lJ.l 2d L5 ry/?r AJ?/9c/O/S _7 1J - L ;:/G / 1-iQ olz a_i V4,/Jc(\// 7YL?JOi,Jh,v c /,2 1Q çj77 29 c7?7l 15 sw?7toh(1q AWL. - 7?7 zf _L?7+/ -4I Qifv / 9 cz; w F J6 -&..Z ( 2?/j, - bi 5;!/1LJ //I fl/f V7ZL r b 12 Ae /,S/LLJ(VY7 77/..L 5;! icv2 JV)(V2 fv((/ z AfQ?/3/ A/O?j:J c_4_7 7a( t//9?/-/ 5-i4 i /H4 H?7-/9/ (viq / 4i JW5fr?/( & Q@ (-v: PVtJ/ ô 779 / L7-9 -VO7 c/q3-v1l/ QL2 fl $;&?r t/ /czft Vt, 1CTT/fl/OV J 77 Q J/ j7j Page 18 of 67

19 Mayor and Council Campbell River V9W4C7 Campbell River BC 301 St Ann s Road City of Campbell River Page 19 of Ken Van de Burgt, CD V9W6S2 Campbell River BC 453 Murray Place [ w Regards, allow marijuana grow ops then they should be located in non-residential areas. used to manufacture controlled substances (which right now includes marijuana). If the City sees fit to The City of the Campbell River should change its Grow Op Bylaw to reflect the Courtenay Controlled Substances Bylaw at reference C, particularly where it states that no person shall allow a property to be The City of Campbell River has proven to be unwilling to competently investigate my complaints. If the public health issue and a responsibility of Municipal Governments. Since it is prohibitively expensive to go to court there is nowhere else for me to turn. marijuana should explicitly not be allowed in our residential areas. Control of statutory nuisances is a City is incapable of investigating statutory nuisances caused by marijuana grow ops then production of clearly not a case of someone growing a few plants in the window. Catherine Place is being used only as a greenhouse to produce marijuana. No one lives in the house. Its believe is caused by machinery at an MMAR licensed grow op at 465 Catherine Place. The house at 465 I am continuing to experience a statutory nuisance of intermittent vibration and infrasonic noise that I There is a lot of pressure to relax federal marijuana laws. When that happens we can expect more open production of marijuana in our neighbourhoods ifthere are not adequate zoning laws in place. Aldergrove Star highlights the problems being experienced by neighbourhoods in other communities. The cancellation of Medical Marijuana Access Regulations (MIVIAR) has recently undergone a constitutional challenge in the Federal court. A decision is expected soon. MMPR rules are intended to replace MIVIAR rules due in part to the nuisances being caused. A letter (reference B) to the editor at the This letter is to suggest a change to the City of Campbell River Grow Operation Bylaw at Reference A. Dear Sir C. Corporation of the City of Courtenay, Controlled Substance Property Bylaw No B. Letter to the Editor of the Aldergrove Star 11 April References: A. City of Campbell River, Grow Operation, Health, Nuisance, and Safety Bylaw No.3154 June 2015

20 CITY OF CAMPBELL RIVER PROVINCE OF BRITISH COLUMBIA BYLAW NO. 3154,2005 A BYLAW TO REGULATE, PROHIBIT, OR IMPOSE REQUIREMENTS RESPECTING NUISANCES, NOXIOUS OR OFFENSIVE TRADES, AND HEALTH AND SAFETY RISKS. The Council of the City of Campbell River, in open meeting assembled, enacts as follows: 1. This Bylaw may be cited for all purposed as Campbell River Grow Operation, Health, Nuisance and Safety Bylaw No. 3154, INTERPRETATION 2. In this bylaw: Alteration means any change made to the structural, gas, plumbing, ventilation mechanical or electrical components of a Building; Amphetamines include dextroamphetamines and methamphetamines; Building means any Structure or construction used or intended for supporting or sheltering any use or occupancy; Building Official means every Building Official appointed by the City to inspect Buildings or Structures in respect of building, plumbing, gas or electrical safety standards; City means the City of Campbell River; Controlled Substance means a controlled substance as defined and described in Schedules I, II, or III of the Controlled Drugs and Substances Act (R.S.C. 1996, c. 19) as may be amended from time to time, but does not include a controlled substance that is permitted under that Act or otherwise lawfully permitted under the City s Business License Bylaw; Controlled Substance Property means (a) a Parcel contaminated by chemical or biological materials used in or produced by the trade or manufacture of a Controlled Substance; or (b) a Building or other Structure Altered to trade or manufacture a Controlled Substance; or (c) a Parcel which has been used for the manufacture, growing, sale, trade or barter of a Controlled Substance therein or thereon; and which does not meet applicable safety standards under the British Columbia Building Code, Gas and Electrical Codes, per B.C. Safety Standards Act, British Columbia Fire Code, Health Act, or other applicable safety regulations including any bylaw requirements of the City, all as amended from time to time; Council means Council of the City of Campbell River; Fire Chief means the person who is appointed to be head of the Campbell River Fire Department and every person designated by Council under the Community Charter by name of office or otherwise to act in the place of the Fire Chief; Grow Operation means the cultivation of marijuana plants or the production of Amphetamines, or the production of other Controlled Substances; Page 20 of 67

21 Bylaw No. 3154, 2005 Hazardous Conditions means: (a) any real or potential risk of fire; (b) any real or potential risk to the health or safety of persons or property; (c) any unapproved or unauthorized Building Alteration; (d) repairs needed to a Building or Structure; or (e) any real or potential risk of contamination of the public water system through an unprotected cross connection. arising or resulting from the use or contamination of a Parcel as a Controlled Substance Property; Inspector means: (a) the Fire Chief, and every person appointed by Council or the Fire Chief, as applicable, to be an officer or employee of Campbell River Fire Department; (b) every Building Official appointed by the City to inspect Buildings or Structures in respect of building, plumbing, gas or electrical standards; (c) a Peace Officer, including a member of the Royal Canadian Mounted Police; (ci) the Bylaw Enforcement Property Services Manager; (a) a Bylaw Enforcement Officer; (f) the deputy of a person, officer, or employee referred to in paragraphs (a) through (e); (g) other persons designated by Council by name of office or otherwise to act in the place of persons, officers, or employees referred to in paragraphs (a) through (f). Manager means the Bylaw Enforcement Property Services Manager of the City; Occupier means a person occupying a property within the City and includes the registered owner of the property where the owner is the person occupying or if the property is unoccupied; Owner includes the registered owner in fee simple of real property located in the City and those persons defined as owner in the Community Charter; Pesticides means a substance or mixture, including a chemical, used to destroy, prevent, repel or mitigate fungi or animal pests or microorganisms such as bacteria or viruses, and includes herbicides, fungicides, or other substances used to control pests, plant regulators, defoliants or desiccants; Professional Cleaner means an individual or corporation that is experienced and qualified in removing contaminants from Buildings and is licensed to carry on business in the City; Re-occupancy Permit means permission or authorization in the form attached as Schedule F by the Manager to re-occupy any Building or part thereof in respect of which the Manager has issued an order to cease occupancy because of a Hazardous Condition; Residential Premises means any Building or part of a Building that may lawfully be occupied as a dwelling unit by one or more persons; Page 2 of 14 Page 21 of 67

22 Bylaw No. 3154, 2005 Service Costs means fees in respect of all direct and indirect costs incurred by: (a) the Campbell River Fire Department; (b) the Campbell River detachment of the Royal Canadian Mounted Police; (C) the City s Bylaw Enforcement Property Services Department; and (d) the City s Public Works Department; associated with the inspection and removal of a Grow Operation, or illegal activities, materials associated with illegal activities, and by-products resulting from illegal activities at a Controlled Substance Property, and includes: (e) administration and overhead associated with the inspection and removal; (f) costs incurred for the lawful dismantling, disassembly, removal, clean up, transportation, storage, and disposal of equipment, substances, materials and other paraphernalia associated with the Grow Operation, or with the use, trade, business, or manufacture of Controlled Substances; (g) costs incurred from the replacement of consumables used, or the replacement of equipment following exposure to contaminants; and (h) costs incurred as a result of the analysis of the materials found at the property and the health and safety conditions at the property which shall be determined according to the Schedule of Costs attached to this Bylaw as Schedule D. Structure means an erection, construction, repair, Alteration, addition, demolition, excavation, or other construction which supports or shelters a use or occupancy; Tenancy Agreement means an agreement, whether written or oral, express or implied, having a predetermined expiry date or not, between a landlord and tenant respecting possession of Residential Premises; and Unsightly has the meaning given by the City s Prevention of Public Nuisances Bylaw 2150, 1993, as amended or replaced. BUILDING AND SAFETY STANDARDS 3. No person other than a person authorized by the owner or operator of an electrical or water distribution system, shall disconnect from an electrical or water distribution system a meter installed for the purpose of ascertaining consumption of electricity or water. 4. No person will divert or install exhaust vents of hot water tanks or furnaces to exhaust into or within the Building instead of by way of an exhaust vent constructed or installed in compliance with applicable safety enactments. 5. No person may construct or install any obstruction of an exit or an access to an exit required under the Building Code or other safety enactment, as amended from time to time, or remove fire stopping that is provided or required under a safety enactment to contain the spread of fire within a Building. 6. No person may Alter a Structure or Building for the purpose of establishing or operating a Grow Operation. Page 3 of 14 Page 22 of 67

23 Bylaw No. 3154, If, as a result of the use of a Parcel as a Controlled Substance Property, (a) the supply of electricity, water, or natural gas to the Parcel has been disconnected by the City or any other lawful authority; (b) unauthorized Alterations have been made to structural, electrical, water or gas systems, equipment, appliances, or other accessories of any kind on the Parcel; or (c) a Hazardous Condition exists on the Parcel no person may permanently reconnect the supply of electricity, water, or natural gas and, subject to the Residential Tenancy Act, no person may use or occupy the Parcel until: (d) the Parcel has been inspected by the Building Official and all other lawful authorities having jurisdiction over the supply of electricity, water, or natural gas, for compliance with all health and safety requirements of the City s bylaws and any provincial statute or regulation relating to building, electrical, water, health, gas, or fire safety as amended from time to time; (e) the Owner has obtained all permits, approvals or authorizations required to carry out the work necessary to bring the Parcel into compliance with the City s bylaws and all provincial statutes and regulations as amended from time to time; (f) all of the work referred to in this section has been completed and inspected by the Building Official and all other lawful authorities having jurisdiction and the Parcel is in compliance with the City s bylaws and all applicable provincial statutes and regulations, as amended from time to time; and (g) the Owner has paid all Service Fees and other fees imposed by Schedule A of this bylaw and other relevant City bylaws in relation to the inspection of the Parcel and the issuance of permits, and the Manager has issued a Re-occupancy Permit for the Parcel in the form attached to this Bylaw as Schedule F. 8. The Building Official or Fire Chief may post a notice containing the words Unsafe Do Not Enter or Occupy in a conspicuous place at the entrances of a Controlled Substance Property in respect of which the: (a) Fire Chief has made an order to vacate, or (b) Manager has made an order to vacate, or (c) Council has made an order to vacate under the Community Charter. 9. No person may: (a) interfere or obstruct the Building Official or the Fire Chief from posting a notice referred to in Section 8; or (b) remove, alter, cover, or mutilate a notice posted under Section 8 except with the permission of the Building Official or Fire Chief, as applicable. NUISANCE 10. No person may cause or permit: (a) a nuisance as a result of his or her use or occupancy of a parcel; or Page 4 of 14 Page 23 of 67

24 plants or production of Amphetamines or other Controlled Substances in the Building. the Building of mould or fungus arising from or in relation to the cultivation of marijuana 11. No person may cause or allow a Building to become subject to the growth on any portion of HEALTH property owned, used or occupied by him or her. 12. Every Owner or Occupier of real property will undertake any action directed by the Fire Chief DUTY OF OWNER 13. The Owner or Occupier of real property will not refuse entry to an Inspector who attends the 14. Every Owner of Residential Premises or other Building that is subject to a Tenancy 15. Every Owner of a Residential Premises or other Building that is subject to a Tenancy with this bylaw. 16. If a Building has been used for a Grow Operation, the Owner of the Building must, within 14 (c) either remove all mould or water-damaged materials such as, but not limited to, drywall Page 5 of 14 Page 24 of 67 Schedule B. and the City may deliver to the Owner and Occupier of the Building a letter in the form of Professional Cleaner, or gyproc, or have all walls and ceilings in the Building cleaned and disinfected by a Professional Cleaner or by a duct cleaning company; and (b) if the Building is heated by forced air heating, have all air ducts cleaned by a and curtains in the Building cleaned by a Professional Cleaner; (a) either remove and dispose of all carpets and curtains in the Building, or have all carpets days after the Grow Operation has been removed, subject to the Residential Tenancy Act: REMEDIATION REQUIREMENTS take such action as may be necessary to bring the Residential Premises into compliance (b) subject to the Residential Tenancy Act, within two months of the delivery of the notice, the particulars of the contravention, and (a) within 48 hours of the discovery of the contravention, deliver written notice to the City of Premises or other Building, must: Agreement who has knowledge of a contravention of this bylaw, in relation to the Residential this bylaw has been contravened. Agreement must inspect the premises at least once every three months to ascertain whether TENANCIES bylaw. real property at any reasonable time to determine whether there is compliance with this increases the danger of fire. or other person authorized by Council to act in the place of the Fire Chief for the purpose of removing or reducing any thing or condition that the Fire Chief considers is a fire hazard or FIRE PROTECTION (b) water, rubbish or unsightly matter to collect or accumulate in, on, under or around real Bylaw No. 3154, 2005

25 Registration Board of Occupational Hygienists or the American Board of Industrial Hygiene must inspect the Building and provide written certification, in the form of Schedule E, to the Manager, confirming that the requirements of Section 16 have been satisfied and that the requirements of Section 16, an individual or corporation certified by the Canadian 17. After a Professional Cleaner has been engaged by the Owner and has completed the Page 25 of 67 Page 6 of 14 must pay the City the Re-occupancy Permit fee stipulated in Schedule A; (c) for each inspection prior to issuance of a Re-occupancy Permit, the Owner or Occupier before confirmation is provided under Section 20(d); (b) an administration and inspection fee stipulated in Schedule A must be paid to the City fee stipulated in Schedule A; another safety enactment, the Owner must pay the City the administration and inspection (a) each time an Inspector enters on a Parcel to carry out an inspection in the exercise of authority by the City to regulate, prohibit or impose requirements under this Bylaw, or 21. The following fees apply under this Bylaw: FEES (e) a Re-occupancy permit per Schedule F has been issued. Department has been completed; and of the Residential Premises by the City s Business Licensing, Permits and Bylaws (d) the Manager or a Building Official has confirmed that a satisfactory occupancy inspection or any other City bylaw, (c) the Owner has paid to the City all Service Fees and other fees due and owing under this health and safety requirements established by law; Building Code, the B.C. Electrical Code, the B.C. Gas Code this bylaw, and all other (b) the Building complies with the health and safety requirements of the British Columbia (a) a Building permit has been obtained for any proposed or remediation work, including an Alteration, which requires a permit under the City s building regulation bylaw; 20. A Building must not be re-occupied after the removal of a Grow Operation until: ALTERATIONS requirements of this bylaw have been met. the prospective occupants in writing that a Grow Operation has been removed and that the 19. Before a Building is re-occupied after removal of a Grow Operation, the Owner must notify prescribed by Section 16 of this bylaw have been completed and written certification has been provided to the Manager under Section 17, the Building must not be occupied by any person. 18. After a Grow Operation has been removed from a Building and until the remedial measures OCCUPANCY prior to the occupancy or re-occupancy of the Building. Building is substantially free of any Pesticides, fertilizers, toxic substances, moulds, or fungi, INSPECTION AND CERTIFICATION REQUIREMENT Bylaw No. 3154, 2005

26 Bylaw No. 3154, 2005 (d) to obtain a Re-occupancy Permit, the Owner must pay the City the fee stipulated in Schedule A ; and (e) every Owner whose Residential Premises or other Building is used as a Grow Operation or Controlled Substances Property must pay the City all Service Costs incurred by or on behalf of the City, unless that Owner has given the City notice pursuant to section 15. NOTICES AND INSPECTIONS 22. Subject to the Community Charter, an Inspector may attend or request the attendance of one or more other Inspectors to enter onto and inspect a Parcel, if (a) the Inspector believes the real property is not in compliance with this Bylaw; (b) the Inspector is concerned for the health, safety, or possible injury to a tenant, an occupant or the public; or (c) there is property damage to a Building which may affect the health or safety of a tenant, an occupancy or the public. 23. Subject to the Community Charter, an Inspector may enter on a Parcel at reasonable times and in a reasonable manner, for the following purposes: (a) to inspect and determine whether all regulations, prohibitions and requirements under this Bylaw or other safety enactments are being met in relation to any manner for which the Council, a municipal officer or employee or a person authorized by the Council has exercised authority under this or another act to regulate, prohibit or impose requirements; (b) to take action authorized under Sections 28 and 29 of this bylaw; and (c) to inspect or to disconnect or remove a water service under Sections 3 or 26 of this bylaw. 24. The Manager or a person acting under the direction of the Manager may post a notice in the form of Schedule C on any Building which has been used for a Grow Operation, advising of the regulations in this bylaw. 25. No person may interfere with an inspection or proposed inspection of Section 23 of this bylaw and no person shall remove or deface any notice posted under Section 24 of this bylaw. DISCONTINUANCE OF SERVICE 26. The City may discontinue providing water service to a Parcel if the water is being used for or in relation to a Grow Operation on the Parcel, subject to the requirements that the City must: (a) give the Owner and Occupier of the parcel seven (7) days written notice of an opportunity to make representations to Council with respect to the proposed discontinuance of the water service; and (b) after the persons affected have had an opportunity to make representations to Council, the City must give the Owner and Occupier seven (7) days written notice of any proposed discontinuance of the water service. (c) Notwithstanding Section 26(a) & (b) the City reserves the right to immediately discontinue water service to a Parcel with no obligation to notify the owner, if the City suspects that there is a real or perceived risk of contamination to the public water supply. Page 7 of 14 Page 26 of 67

27 Bylaw No. 3154, 2005 OFFENCE AND PENALTY 27. Every person who offends against any of the provisions of this Bylaw, or who suffers or permits any act or thing to be done in contravention or refrains from doing anything required to be done by any of the provisions of this Bylaw, or who does any act or thing which violates any of the provisions of this Bylaw shall be liable on summary conviction to a penalty not exceeding the maximum penalty specified in the Offence Act from time to time. Each day that a violation continues to exist is a separate offence against this Bylaw. DEFAULT 28. If an Owner or Occupier of a Parcel fails to comply with a requirement of the City under this Bylaw or another safety enactment, the City, within the time specified in the order or notice may enter on the Parcel and take such action as may be required to correct the default, including to remediate the Parcel or bring it up to a standard specified in an safety enactment, at the expense of the Owner or Occupier who has failed to comply, and may recover the costs incurred as debt. 29. If the Owner has failed to pay the City s costs of acting in default under Section 28 before the 31st day of December in the year that the correction of the default was effected, the costs must be added to and form part of the taxes payable on the property as taxes in arrears. SEVERABILITY 30. If any provision of this Bylaw is held to be invalid, it shall be severed and the remainder of the Bylaw shall remain in effect. Read a first time on the 25th day of July Read a second time on the 25th day of July Read a third time on the 25th day of July COUNCIL CONSULTED with the Regional Health Board/Medical Health Officer this 21 day of July, Adopted on the 8th day of August DEPOSITED with the MINISTER OF HEALTH SERVICES this 1 day of August, 2005 Izc4Lqf b-- C, / MAYOR TY CLERK Page 8 of 14 Page 27 of 67

28 Bylaw No. 3154, The following fees apply under this Bylaw: SCHEDULE A - FEES (a) each time the City enters on a Parcel to inspect in the exercise of the City s authority to regulate, prohibit or impose requirements under this bylaw or another safety enactment, the Owner must pay the City an administration and inspection fee of: (I) $300.00; (ii) an additional $ for a subsequent inspection undertaken if the Owner or Occupier has failed to undertake action ordered by the Fire Chief, the City or a person authorized under the Bylaw to order the action; (b) before confirmation is provided under Section 20(d), the Owner must pay to the City all applicable fees under the City s Building Bylaw No. 3060, 2003, as amended from time to time; and (c) to obtain a Re-occupancy permit - $ Page 9 of 14 Page 28 of 67

29 SCHEDULE B LETTER TO PROPERTY OWNER Until the cleaning and certification have been completed, Section 18 of the bylaw prohibits Page 10 of 14 Page 29 of 67 Department at We enclose a copy of the bylaw for your reference. if you have any questions concerning the regulations in the bylaw, please call the City s Bylaw Enforcement/Property Services that the requirements of the bylaw have been satisfied. occupancy by any person. Before occupancy, you are required to notify prospective occupants After the cleaning is completed, an individual or corporation certified by the Canadian certify that the premises are safe for human occupancy. Registration Board of Occupational Hygienists or the American Board of Industrial Hygiene must and ceilings must be cleaned and disinfected. That work must be carried out by a Professional Cleaner with experience in removing contaminants from Residential Premises. The Professional Cleaner must hold a license to carry on business in Campbell River. The bylaw requires that within 14 days, all carpets and curtains in the premises must be removed or cleaned, any forced air heating ducts in the premises must be cleaned, and all walls production operation) which has been removed by the police. Premises at (insert address) were in use as a marijuana grow operation (or amphetamine The City has been advised by the Royal Canadian Mounted Police that the Residential amphetamine production. remediation of Residential Premises that have been used for marijuana grow operations or and Safety Bylaw No. 3154, 2005 establishes regulations concerning the cleaning and This letter is to notify you that the C ty of Campbell River s Grow Operation Health, Nuisance Re: Grow Operation, Health, Nuisance and Safety Bylaw 3154, 2005 Bylaw No. 3154, 2005

30 Bylaw No. 3154, 2005 SCHEDULE C NOTICE TAKE NOTICE THAT these Premises have been used as a marijuana grow operation (or an amphetamine production operation). Pursuant to City of Campbell River Grow Operation, Health, Nuisance and Safety Bylaw No. 3154, 2005, no person may occupy these premises until cleaning and remediation have been completed in accordance with that bylaw and the Manager of Bylaw Enforcement Property Services or his designate has confirmed that a satisfactory occupancy inspection has been completed. It is an offence to remove or deface this notice. Any inquiries should be directed to (insert name and telephone number of appropriate City official). Page 11 of 14 Page 30 of 67

31 Bylaw No. 3154, 2005 SCHEDULE 0 SCHEDULE OF COSTS FOR SERVICE FEES A. Staff Costs (2 hour minimum charge). R.C.M.P. Officer Bylaw Enforcement Officer Bylaw Enforcement Manager Building Official Fire Chief Fire Fighter $65.00/hr $65.00/hr $80.00/hr $65.00/hr $80.00/hr $65.00/hr B. Equipment Costs Fire Truck Analysis and Tests of materials or Conditions found at the property $30000/hr Cost to City Replacement of Equipment by Cost to City Exposure to contaminants Replacement of Consumable Equipment Cost to City C. Administration Administration and Overhead costs 15% Page 12 of 14 Page 31 of 67

32 Bylaw No. 3154, 2005 SCHEDULE E CERTIflCATION FORM TO: The City of Campbell River FROM: (insert name of professional cleaner) RE: Premises at (insert address) This is to certify that in accordance with sections 16 and 17 of the Grow Operation, Health, Nuisance and Safety Bylaw, No. 3154, 2005, the professional identified in this certification: (a) meets the requirements for a professional inspector under Section 17 of the bylaw; (b) has completed an inspection of the Premises on (date); and (c) the Premises are remediated in accordance with Section 16 and as such, are substantially free from any pesticides, toxic chemicals, moulds, or fungi normally associated with and found in a Grow Operation premises, and that the Premises are fit for human use and occupancy. The undersigned professional may be contacted at: (insert business telephone number). CERTIFIED AS OF date) (insert name of professional inspector) Authorized Representative Page 13 of 14 Page 32 of 67

33 Legal Description: Address of Building: SCHEDULE F RE-OCCUPANCY PERMIT Page 33 of 67 Page 14 of 14 Date Building Official This certificate shall be affixed to a conspicuous and permanent place in the said Building and shall not be removed. date of issue only. it is without defect. It is only a formal comment on the remediated condition of the Building at the complies with all Municipal and Provincial Regulations governing Building Construction nor that requirements have been satisfied. This Permit is not a warranty that the subject Building This Permit confirms that inspections pursuant to the City of Campbell River Grow Operation, Health, Nuisance and Safety Bylaw No. 3154, 2005 have been completed and remediation is approved for Re-occupancy. The Building remediated under the authority of Building Permit Number: Approved Occupancy (use): Bylaw No. 3154, 2005

34 Editor: Updated: April 11, :5112 PM Published: April 11, :00 PM By Aidergrove Star Medical grow-ops rile residents I am writing this letter to express my serious health and safety concern related to the alarming presence of legal marijuana growing The 2012 information on Health Canada s website indicates that the licences have grown exponentially to 26,000 over the past few years We recently discovered that the residence next door to our residence is only one of many similar licenced production locations in our How can this be allowed to happen in a family oriented residential neighbourhood? This marijuana growing operation and others like it At times the skunk smell of the marijuana is pervasive and unavoidable in our yard and inside our home if we open the windows. The fans which is used to speed up the plant growth). Other neighbours have noticed power lapses, surges and loss not previously experienced in The Canadian Association of Firefighters points out that the rates of fires In or caused by these grow ops are 24 times higher than the The next day, a municipal water line on the property burst. At cost to taxpayers, Township staff had to come out and repair the ruptured This experience has been a rude awakening for our quiet residential neighbourhood. We have been in touch with our local and federal elected officials who are agreeable to hosting a public forum on May 15 (specific times of residential areas to insure our neighbourhoods are safe. I would be happy to have this letter published as a letter to the editor, however, request that my name and contact information is not Page 34 of 67 1/1 Find this article at: Neighbours Opposed to Grow Ops (NOGrO), Aldergrove included due to potential safety risk. to promote awareness of the upcoming forum. We need our regulatory bodies to take action to ensure these grow ops are relocated out and locations to be announced). I would very much appreciate if you could highlight this health and safety issue in our local paper and help water line. the occupants have had to install perimeter cameras around the detached garage (induding some that look into our backyard), they are present a serious health and safety concern to us as adjacent residents as well as to our neighbourhood at large. Clearly by the fact that Canada, giving the occupants of this address licence to grow marijuana. The licensees are not required to go through any local permit or average home. Hydro customers had to absorb the cost of a larger replacement transformer to accommodate the electrical draw for the the transformer was now one-third over its designed capacity. This was a serious fire and contamination near-miss for the neighbourhood. our backyard. High-pitched pressured noises are heard from the building at various times of the day and night (likely high pressure C02 our neighbourhood. Last week the hydro transformer on the block did a meltdown and neighbours were advised that the power draw on and ventilation units adjacent to our fence are running most of the time and cause significant vibration felt through the ground well into Unfortunately, the RCMP, though expressing their own frustration, are not able to do anything as there are two licences issued by Health inspection process and no one has authority to inspect or regulate these holders of Health Canada licenses. concerned about potential infiltration of their grow operation, most likely by individuals with criminal intent. Then we started noticing the distinctive skunk smell of growing marijuana. We made a report to the drug division of the Langley RCMP. grow op as hydro are obligated to install transformers to meet the draw. motion lights were installed on the building. were running continuously; additional electrical and water lines were run alongside and into the detached garage; and cameras and Numerous new exterior ventilation units were installed around the exterior of the detached garage within a few feet of our property and often tended to come in and out after dark. lights on both the exterior and interior of the house were on continually, day and night. Vehicles arriving to and leaving from the residence suspicious activity in the home and large detached garage. We had noticed that the blinds of the home were closed at all times, however, neighbourhood and within the Langleys. Over the past few months, subsequent to recent sale of the residence, we had noted escalating even further. and they acknowledge that this has unintended consequences for public health, safety and security. Based on the arrival of a number of in new grow ops our neighbourhood, we can correctly assume that the number of Health Canada licenses since the 2012 report has grown operations located in our residential area and other family neighbourhoods within the Township of Langley and other municipalities. ALDERGROVE STARPRINTTHS 5/22D15 w.alderg

35 THE CORPORATION OF THE CITY OF COURTENAY BYLAW NO. 2285, 2003 A bylaw to prohibit the use of property for the trade, manufacture, ingestion, use, sharing, trade or barter of controlled substances WHEREAS Section 725 of the Local Governn2entAct R.S.B.C. 1996, c.323 authorizes Council, by bylaw, to: 1. prevent, abate and prohibit nuisances, and provide for the recovery of the cost of abatement of nuisances from the person causing the nuisance or other persons described in the bylaw; 2. prohibit the carrying on of a noxious or offensive trade, business or manufacture; and 3. effect compliance at the expense of any person who has failed to comply with the bylaw. AND WHEREAS Council is further authorized by Section 694 of the Local Government Act R.S.B.C. 1996, c.323, by bylaw, to regulate, for the health, safety and protection of persons and property, the installation, alteration or repair of plumbing, heating, air conditioning, electrical wiring and equipment, gas or oil piping and fittings, appliances and accessories of every kind, and to require an occupancy permit before occupancy of a building or part of it after alteration or a change in occupancy; AND WHEREAS unsightly conditions and the noxious or offensive trade and manufacture of controlled substances have been found to exist from place to place throughout the City and the existence of such conditions and manufacture is detrimental to the welfare of the residents of the City and contributes substantially to the deterioration of neighbourhoods and a reduction in property values; AND WHEREAS the alteration of plumbing, heating, air conditioning, electrical wiring and equipment, gas or oil piping and fittings, appliances and accessories in buildings for the carrying on of the noxious and offensive trade and manufacture of controlled substances creates a danger to the health and safety of the residents of such buildings; AND WHEREAS property used for the ingestion, use, sharing, sale, trade or barter of a controlled substance causes disturbance and inconvenience to the residents of neighbouring properties, creates risks to the health and safety of residents and reduces the value of neighbouring properties. Page 35 of 67

36 2. In this Bylaw: No. 2285, This Bylaw may be cited for all purposes as Controlled Substance Property Bylaw Page 36 of 67 2 politic, co-partnerships, whether acting by themselves or by a servant, agent or employee, representative of such persons. and the heirs, executors, administrators, successors and assigns or other legal Person includes natural persons of either sex, associations, corporations. bodies than that of an occupant, and shall include the agent of any such person. Owner means a person who has any right, title, estate or interest in property, other and shall include the agent of any such person. (b) the person entitled to the possession of property if there is no person (c) a leaseholder; residing on or in the property; and (a) a person residing on or in property; Occupant includes: therein or thereon; (a) the trade or manufacture of a Controlled Substance; or (b) the ingestion, use, sharing, sale, trade or barter of a controlled substance Controlled Substance Property means a property which is used for: the City, or designate, the Royal Canadian Mounted Police, and the Courtenay Fire Department; Inspector means the Director of Development Services, any Building Inspector for persons or property arising or resulting from the use of a property for the trade or manufacture of a controlled substance or for the ingestion, use, sharing, sale, trade or barter of a controlled substance therein or thereon. Hazardous Situation includes any real or potential risk to the health or safety of amended from time to time, but does not include the trade or manufacture of a controlled Schedules I, II and III of the ControlledDrugs and Substances Act, 1996 c. 19, as may be substance that is permitted under that Act or otherwise lawfully pennitted under the City s Business License Bylaw. Controlled Substance means a controlled substance as defined and described in meeting assembled enacts as follows: NOW THEREFORE the Council of the Corporation of the City of Courtenay in open

37 Property means all real property, including, but not limited to, front yards, side yards, backyards, driveways, walkways, and sidewalks and shall include any building, structure, vehicle, chattel or fence located on such real property. Prohibition of Controlled Substance Manufacture 3. No Person, Owner or Occupant of Property within the City of Courtenay shall cause, permit or allow any Property to become or remain a place for the trade, business or manufacture of a Controlled Substance. Unsightly Premises Prohibited 4. No Person, Owner or Occupant shall cause, permit or allow water, rubbish or noxious, offensive or unsightly matter to collect or accumulate around any Property in connection with the manufacture, ingestion, use, sharing, sale, trade or barter of a Controlled Substance. Controlled Substance Properties Prohibited 5. The use of any Property as a Controlled Substance Property is hereby deemed to constitute the carrying on of a noxious or offensive trade, business or manufacture, and no Person, Owner or Occupant shall cause, permit or allow any Property to become or remain a Controlled Substance Property. Alteration, Repair and Reconnection of Electrical, Water or Gas Supply 6. If, as a result of the unlawful use of a Property for the trade, manufacture, ingestion, use, sharing, sale or barter of a Controlled Substance: (a) (b) (c) the supply of electricity, water or natural gas to a Property has been disconnected by the City or any other lawful authority; unauthorized alterations or repairs have been made to electrical, water or gas systems, equipment, appliances or other accessories of any kind; or a Hazardous Situation or a potentially Hazardous Situation exists on the Property, the supply of electricity, water or natural gas shall not be reconnected and the Property shall not be occupied until: (i) the Owner or Occupant has applied to the Director of Development Services for a special safety inspection pursuant to this section and has paid the fee hereby imposed for such special inspection and specified in Schedule A of this Bylaw; 3 Page 37 of 67

38 natural gas, for compliance with all health and safety requirements of the City s bylaws and any Provincial statute or regulation relating to building, electrical, water, gas or fire safety; 7. If an Owner or Occupant fails to comply with a written notice of the Inspector, the 8. Every Person causing, permitting or allowing Property to become or remain a place 9. Every Person causing, permitting or allowing Property to become or remain a place 4 Page 38 of 67 invoice, pay any and all response costs incurred by or on behalf of the Courtenay Fire Department associated with such trade, business or manufacture. for the trade, business or manufacture of a Controlled Substance shall, upon receipt of Mounted Police in the disassembly, removal, transportation, storage and disposal of invoice, pay the service costs incurred by or on behalf of the Royal Canadian equipment, substances, materials and other paraphernalia associated with such trade, business or manufacture. for the trade, business or manufacture of a Controlled Substance shall, upon receipt of Extraordinary Costs manner, may enter the Property and effect compliance at the expense of the Owner or Occupant who has failed to comply. City, by its employees or other Persons, at a reasonable time and in a reasonable Non-Compliance the Property. relevant City Bylaws in relation to the inspection of Property and the issuance of permits, and the Inspector has issued an Occupancy Permit for (v) the Owner or Occupant has paid all fees imposed by this Bylaw and other jurisdiction and the Property is now in compliance with the City s bylaws inspected by the Inspector and all other lawful authorities having (iv) all of the work referred to in subsection (iii) has been completed and and all Provincial statutes and regulations referred to in subsection (ii); and authorizations required to carry out the work necessary to bring the Property into compliance with the City s bylaws and all Provincial statutes (iii) the Owner or Occupant has obtained all permits, approvals or and regulations referred to in subsection(ii); authorities having jurisdiction over the supply of electricity, water or (ii) the Property has been inspected by the Inspector and all other lawful

39 Person fails to pay extraordinary costs due and payable under Section 8 before the 10. In the event that a Person fails to pay the costs of compliance tinder Section 7 or a Page 39 of 67 5 Mayor Clerk Finally passed and adopted this 5th day of May, 2003 Read a third time this 14 th day of April, 2003 Read a second time this 14 th day of April, 2003 Read a first time this 14 th of April, 2003 Bylaw. relieve the Person from the remediation provisions of Sections 7, 8 and 9 of this 14. Prosecution of a Person pursuant to Section 10 of this Bylaw does not exempt or invalid by the decision of a Court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not effect the validity of the remainder. 13. If any section, subsection, clause or phrase of this Bylaw is for any reason held to be constitute a separate and distinct offence. 12. Where an offence is a continuing offence, each day that the offence is continued shall a fine not exceeding the sum of $5, Bylaw, commits an offence punishable on summary conviction, and shall be liable to to be done pursuant to the provisions of this Bylaw or any notice issued under this done in contravention of or neglects to do so, refrains from doing anything required 11. Any Owner or Occupier who contravenes, suffers or permits any act or thing to be Offences and Penalties on the Property as taxes in arrears. extraordinary costs, as the case may be, shall be added to and form part of the taxes 31 st day of December in the year that compliance was effected, the costs or Costs Added to Taxes

40 SCHEDULE A (Permit and Inspection Fees and Charges) 1. For Special Inspection $ For each Inspection prior to issue of Occupancy Permit $ To Obtain Occupancy Permit $ Page 40 of 67

41 CITY OF CAMPBELL RIVER COMMITTEE OF THE WHOLE MINUTES REGULAR COMMITTEE OF THE WHOLE MEETING, WEDNESDAY, MAY 27, 2015 at 9:30 AM in the City Hall Committee Room, 301 St. Ann's Road, Campbell River, BC. PRESENT: Chair - Acting Mayor M. Wright, Councillors: M. Babchuk, C. Cornfield, C. Evans, R. Kerr, L. Samson; R. Neufeld - Acting City Manager/ General Manager, Operations; R. Bowles - General Manager, Corporate Services; D. Morris -General Manager, Facilities and Supply Management; R. Milnthorp - General Manager, Parks, Recreation & Culture; A. Zirnhelt - Community Planning & Development Services Manager; J. Douglas - Communications Advisor; P. F. Wipper - City Clerk; T. Bate - Deputy City Clerk; W. Kalyn - Information Services Manager; T. Wood - Senior Client Support Analyst; J. Peters - Utilities Manager. 1. APPROVAL OF THE AGENDA 1.1 Approval/modification of the agenda. cw Cornfield/Evans THAT the Agenda be approved; AND THAT Items 9.1, 9.2, 9.3 and 9.4 be adopted by consent. CARRIED 2. UNFINISHED BUSINESS 2.1 Volunteer Campbell River request for $35,000 core funding. Councillor Kerr declared a conflict of interest because his wife is a Director for Volunteer Campbell River and left the meeting. cw Cornfield/Samson THAT Council provide $35,000 for core funding to Volunteer Campbell River Page 41 Page of 671 of 7

42 Committee of the Whole Minutes - Wednesday, May 27, 2015 Council debated the motion. Louise Howes, Executive Director and Glen Clark, President, Volunteer Campbell River joined the meeting. Ms. Howes provided a verbal overview of the challenges the organization has with respect to staffing resources for facilitating new programs and answered questions from Council. Ms. Howes and Mr. Clark left the meeting. Council continued its debate. Question called on the main motion DEFEATED Acting Mayor Wright, Councillors Evans, Babchuk and Samson Opposed. cw Evans/Samson THAT Council provide a one-time grant to Volunteer Campbell River in the amount of $15,000; AND THAT Volunteer Campbell River be required to provide a sustainability strategy by the end of 2015; AND THAT the funding be taken from the Community Partnership Community Fund Reserve; AND FURTHER THAT the Financial Plan be amended accordingly. Councillor Kerr returned to the meeting. CARRIED Brenda Wagman joined the meeting. 3. DELEGATIONS/PRESENTATIONS 3.1 Brenda Wagman, University of Victoria student, provided a PowerPoint presentation of her master's project regarding Community Engagement in Implementing a Sustainable Official Community Plan (See Item 9.2). Acting Mayor Wright thanked Ms. Wagman for her presentation. Page 42 Page of 672 of 7

43 Committee of the Whole Minutes - Wednesday, May 27, STAFF REPORTS 4.1 LEGISLATIVE SERVICES City Clerk's April 15, 2015 report regarding Vacant Building Regulations - 2nd updated report (deferred from the April 22 COW meeting). cw Samson/Kerr THAT staff bring forward amendments to the City's Public Nuisance Bylaw requiring property owners to register vacant buildings; AND THAT the amendments include standards of exterior building maintenance and boarding requirements as attached to this report as Schedules A & B; AND THAT the amendments include fees to cover the City's cost to administer the vacant building registry and costs to conduct vacant building inspections. cw Cornfield/Evans THAT the motion be amended to include; "AND THAT staff report back on a communication strategy for the new vacant buildings regulations." CARRIED Question called on main motion as amended. CARRIED Council agreed by consensus that: 1. boarding requirements will include painting the plywood the same color as the building. 2. re-inspection fees be set at a higher amount than the initial inspection fees. 3. the frequency of proactive inspections be set at three months. Page 43 Page of 673 of 7

44 Committee of the Whole Minutes - Wednesday, May 27, City Clerk's May 19, 2015 report regarding delegations to Council. cw Cornfield/Babchuk THAT staff bring forward amendments to Council's delegation procedures for consideration. CARRIED 5. MAYOR/COUNCIL REPORTS 5.1 Councillor Wright provided a verbal report on the recent Downtown BIA meeting in which the topic of downtown street trees was discussed (See Item 9.3 and 9.4 consent). Warren Kalyn joined the meeting. In response to Acting Mayor Wright's request, Councillor Samson took over position of Chair. cw Wright/Cornfield I move that since we know that the infrastructure needs replacing and the trees need replacing, we need a plan for a permanent solution in order to achieve Council's strategic priority on an aesthetically pleasing and functional infrastructure for the downtown. cw Kerr/Wright THAT the motion be amended by removing "trees need replacing". DEFEATED Acting Mayor Wright, Councillors Evans, Babchuk, Samson and Cornfield Opposed. Question called on the main motion. Acting Mayor Wright, Councillors Evans, Kerr, Babchuk, Samson and Cornfield Opposed. DEFEATED Page 44 Page of 674 of 7

45 Committee of the Whole Minutes - Wednesday, May 27, 2015 cw Cornfield/Wright THAT staff be directed to prepare a report outlining a long term strategy for infrastructure improvements and upgrades within the downtown for a future Committee of the Whole meeting. CARRIED Acting Mayor Wright returned to the position of Chair. Jennifer Peters left the meeting. 6. UNFINISHED BUSINESS CONT. 6.1 North Island College's Five Year Plan Council noted that they can provide individual input on-line for North Island College's Five Year Plan. 7. NOTICE OF MOTION 7.1 Council Members City Hall Office Space cw Samson/Babchuk THAT staff investigate and come back with options on a City Hall office for members of Council; AND THAT the office have two computer works stations and printer capability. CARRIED Councillor Cornfield Opposed. Councillors Cornfield and Babchuk left the meeting. 8. NEW BUSINESS 8.1 Deputy City Clerk and IT Manager's presentation on paperless agendas. T. Bate provided a short video outlining the AgendaNotes program for accessing the electronic agendas on ipads and confirmed that orientation sessions will be scheduled for Council, with the goal to be paperless by August T. Bate and W. Kalyn answered questions from Council. Page 45 Page of 675 of 7

46 Committee of the Whole Minutes - Wednesday, May 27, Wireless connections at City owned facilities (Councillor Samson) Deferred to the next Committee of the Whole meeting. 8.3 City Clerk to lead discussion on the request to include cover reports for zoning bylaw amendments. Deferred to the next Committee of the Whole meeting. 9. CONSENT AGENDA 9.1 April 22, 2015 Regular Committee of the Whole minutes. THAT the April 22, 2015 Regular Committee of the Whole minutes, be adopted. ADOPTED BY CONSENT 9.2 Brenda Wagman, University of Victoria student's November 13, 2014 report regarding Community Engagement in Implementing a Sustainable Official Community Plan. THAT Brenda Wagman, University of Victoria student's November 13, 2014 report regarding Community Engagement in Implementing a Sustainable Official Community Plan, be received. ADOPTED BY CONSENT 9.3 Previous reports to Council and resolutions regarding Downtown Street Trees, dated May 21, 2013 and January 2, THAT the previous reports to Council and resolutions regarding Downtown Street Trees, dated May 21, 2013 and January 2, 2014, be received. ADOPTED BY CONSENT 9.4 May 8, 2015 and copy of November 2013 correspondence from Mike Murphy regarding downtown street trees. THAT the May 8, 2015 correspondence from Mike Murphy regarding downtown street trees, be received. ADOPTED BY CONSENT Page 46 Page of 676 of 7

47 Committee of the Whole Minutes - Wednesday, May 27, ADDENDA ITEMS 11. FUTURE AGENDA ITEMS 11.1 Mayor Adams and City Clerk to lead discussion on Councillor portfolios and council liaisons. 12. ADJOURNMENT 12.1 Adjournment cw Cornfield/Evans THAT the meeting adjourn. The meeting adjourned at 12:28 p.m. CARRIED Certified Correct: Acting Mayor M. Wright, CHAIR T. Bate, DEPUTY CITY CLERK Page 47 Page of 677 of 7

48 Page 48 of

49 Page 49 of 67 Fire service delivery Multi faceted activity that is driven by regulations, standards, best practices, community needs and expectations Fire service delivery can be simplified into response and prevention activities to enable community discussion of appropriate fire service levels

50 Page 50 of 67 Response service levels are driven by: Staffing Station location and features Apparatus availability Community infrastructure (such as water and roads).

51 Page 51 of 67 Measurements of fire service response effectiveness include: Response time for arrival of 1st staffed apparatus Elapsed time until adequate numbers of responders are on scene Training and ability of responders to mitigate various types of emergencies For this process we will use response time of 1st staffed apparatus as the criteria for determining response service level.

52 SOCP Urban Containment Boundary with Land Use Classes grouped by Fire Classes Commercial Downtown, Village Centres, Business and Industrial, Institutional Residential Neighborhoods, Estate Page 52 of 67 Rural Rural neighborhoods

53 Page 53 of 67 #1 Station Response Area - Rockland Road north Staffed Pumper Responds to all incidents (1 Captain, 3 FF) Auxiliaries and career staff (36 firefighters) callout for large emergency incidents #2 Station Response Area - Rockland Road south Auxiliaries (30 firefighters) callout to all emergency incidents All emergency incidents where entry with SCBA is possible, all firefighters callout (76 firefighters)

54 Response from #2 Station (2014) 27% No response 73% Response Page 54 of 67 #2 Hall 1st Apparatus Enroute Time 6 Minutes, 23 Seconds

55 #1 Station - North Call Type Chimney Fire, Structure Fire, Structure Smoke, Marine Incident, Carbon Monoxide Commercial / Multi Residential Residential Single Family Response in less than 5 minutes 81% Response in less than 8 minutes 70% Page 55 of 67 #2 Station - South Call Type Chimney Fire, Structure Fire, Structure Smoke, Marine Incident, Carbon Monoxide Commercial / Multi Residential Residential Single Family Response in less than 5 minutes 0% Response in less than 8 minutes 36%

56 Current Service Level - 1 Staffed Station Current Response Cost $4,246,588 Page 56 of 67 North Commercial <12 min Residential <10 min Rural <12 min Centre Commercial <5 min Residential <8 min Rural <15 min South Commercial <10 min Residential <12 min Rural <15 min

57 2 Staffed Stations Service Level Page 57 of 67 North Commercial <12 min Residential <10 min Rural <12 min Centre Commercial <5 min Residential <8 min Rural <15 min South Commercial <5 min Residential <8 min Rural <12 min

58 3 Staffed Stations Service Level Page 58 of 67 North Commercial <5 min Residential <8 min Rural <12 min Centre Commercial <5 min Residential <8 min Rural <15 min South Commercial <5 min Residential <8 min Rural <12 min

59 Page 59 of 67 Prevention service levels include building inspection, public education and development services Service levels are directly related to prevention staffing levels Campbell River is a leader in the Province for the volume of prevention work done using response personnel. Benefits of Fire Prevention: Reduction in number of fire incidents Reduced loss of life and property for incidents

60 Page 60 of 67 Legislative Requirement (Fire Services Act) Frequency of inspections required to be Council policy, based on best practices & compliance experience Current Situation ~1400 inspectable properties Present staffing levels allow ~750 inspections to be completed annually. Response staff complete ~ 600 inspections annually. Fire Inspector inspects complicated and difficult properties.

61 Page 61 of 67 Fire prevention public education program best practices include targeting: Pre-school, middle school, high school Middle age & seniors High risk & vulnerable populations Current practice Public Education programs limited provision of school age station tours one program that targets grade three students annually

62 Page 62 of 67 Development services support includes: Providing support to businesses, builders and developers on fire requirements related to the BC Fire Code and local bylaws. Plan review of proposals providing information to client inquiries regarding new or retrofitting buildings or systems. Presently there is no capacity for plan review. Fire Safety building features not installed during construction or renovations are difficult to achieve otherwise.

63 Page 63 of 67 Inspections 150 complicated or problem properties per year Public Education Every Grade three student per year Limited requested sessions (12 20) Development Support No Plan review Limited development clients supported by chief officers Current Prevention Costs are $146,023

64 Page 64 of 67 Inspections 250 complicated/problem properties per year Public Education Pre-school, Grade 3 & Grade 10 4 Service Clubs per year 500 Seniors per year All First Nation groups 1 session per year Low income housing 1 session per year Development Support Plan Review - complex buildings Fire Safety Plan review Occupancy inspections Increased Prevent Costs

65 Page 65 of 67 Inspections 350 complicated or problem properties per year Public Education Pre-school, Grade 3, Grade 10 4 Service Clubs per year 1000 Seniors per year All First Nation groups 2 sessions per year Low income housing - 3 session per year Development Support Plan Review - complex buildings Fire Safety Plan review Occupancy inspections Increased Prevent Costs

66 Page 66 of 67 Community Services, Recreation & Culture Commission July 8, 2015 Advisory Planning & Environment Commission July 22, 2015 COW August 26, 2015

67 Page 67 of 67