OPEN PORTION OF MEETING AT 7:30 P.M. FOLLOWING THE IN-CAMERA BUSINESS.

Transcription

1 TY Of CAMPBELL RIVER REGULAR COUNCIL MEETING, MONDAY, AUGUST 08, 2005 at 6:30 p.m. in the City of Campbell River Council Chambers (Main Level), 301 St. Ann's Road, Campbell River, BC. 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 appropriate department. OPEN PORTION OF MEETING AT 7:30 P.M. FOLLOWING THE IN-CAMERA BUSINESS. IN-CAMERA BUSINESS: "THAT Council move In-Camera under the authority of Section 90 (1) (d), (e), 0) of the Community Charter. " 1. DELEGATIONS/PRESENTATIONS: (a) Russ Hellberg, Ocean Industries BC Group, a registered non-profit society working to ensure that the people and businesses of BC derive the maximum benefit from potential offshore energy development. 2. STAFF REPORTS: A. Administrator: (a) City Manager's August 3, 2005 Report regarding UBCM Tourism Funding. 4 "THAT Council formally request that Tourism North Central Island to formally present to Council a program for the use of the City's share of the Provincial government's Tourism funding allocated through UBCM in the amount of $89,975.37; AND FURTHER THAT Tourism North Central Island provide to City Council, projects which have a regional basis so that the City can apply to the Regional District of Comox-Strathcona for a portion of the allocation to the Regional District under the funding formula. " B. Municipal Services Division: C. Corporate Services Division: (a) City Clerk's July 26, 2005 Report regarding Approving Officer Appointment. 6 "THAT Ronald Neufeld be appointed Acting Approving Officer. " (b) Building Inspector's Report to July 31, (c) "THAT the Building Inspector's Report to July 31, 2005 be received. " Finance Manager's August 3, 2005 Report regarding Tax Collections. "THAT the annual statement of Tax Collections to July 31, 2005 be received. " 8 D. Community Services Division:

2 Regular Council Meeting - Monday, August 08, 2005 Page 2 3. BYLAWS AND PERMITS: (a) City Clerk's July 19, 2005 Report regarding Tyee Spit. 11 "THAT Council give first three readings to Tyee Spit and Estuary Lands Acquisition Amendment Bylaw No. 3181, "THAT Council establish September 19, 2005 as the deadline for elector responses against the Alternate Approval Process; AND THAT Council establish 16,646 as the total number of electors for the City of Campbell River; AND FINALLY THAT Council adopt the elector response form attached to the City Clerk's July 19, 2005 memo. " (b) Grow Operation, Health, Nuisance and Safety Bylaw No. 3154, "THAT Grow Operation, Health, Nuisance and Safety Bylaw No. 3154, 2005 be adopted. " (c) Transit Advisory Commission Repeal Bylaw No. 3182, "THAT Transit Advisory Commission Repeal Bylaw No. 3182, 2005 be adopted. (d) Planner Fitch's August 3, 2005 Report regarding Site-Specific Text Amendment to 31 Zoning Bylaw 2700, Campbell River Road. "That Zoning amendment Bylaw No. 3176, 2005, for text amendment to the Residential infill two zone (Ri-2) for 2150 Campbell River Road (Lot A, District Lot 66, Sayward District, Plan 14488) be read afrst and second time; AND THAT the public hearing be waived in accordance with Sec. 3(8) of Planning Procedures Bylaw No. 2989, and Sec. 893 of the Local Government Act. " (e) Planner Fitch's August 3, 2005 Report regarding Site-Specific Text Amendment to 43 Zoning Bylaw 2700, Trask Road. "THAT Zoning amendment Bylaw No. 3177, 2005, for text amendment to the Residential infll two zone (Ri-2) for 501 Trask Road (Lot 3, Section 31, Township 1, Comox District, Plan 39498) be read a first and second time; AND THAT the public hearing be waived in accordance with Sec. 3(8) of Planning Procedures Bylaw No. 2989, and Sec. 893 of the Local Government Act. " 4. CORRESPONDENCE Items of correspondence for Council consideration. (a) "THAT the August 2, 2005 correspondence from Joan Miller, Island North Film 54 Commission who will Chair the International Cineposium in Scotland in August, requesting a one time donation of $ for welcoming gifts as traditional protocol dictates. " 5. MAYOR'S REPORTS: (a) Councillor Cornfield to present Pitch-In promotional plaque for our participation in their yearly campaign.

3 Regular Council Meeting - Monday, August 08, 2005 Page 3 6. COMMISSION/COMMITTEE REPORTS: 7. MINUTES: (a) July 25, 2005 Council Minutes. 55 "THAT the July 25, 2005 Council Minutes be adopted. " 8. OTHER MINUTES: 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 11. INFORMATION: Information items presented to Council. (a) "THAT the August 2, 2005 correspondence from Volunteer Campbell River thanking 61 the City for the donation of retired business equipment to the not-for-profit community be received. " 12. ADJOURNMENT: "THAT the meeting adjourn. " PUBLIC QUESTION PERIOD: No Public Question Period will be held during the six months prior to an election.

4 CITY OF CAMPBELL RIVER CITY MANAGER File No.: UBCM TO: Mayor and Council FROM: City Manager DATE: August 3, 2005 SUBJECT: UBCM TOURISM FUNDING Recommendation: Background: That Council formally request that Tourism North Central Island to formally present to Council a program for the use of the City's share of the Provincial government's Tourism funding allocated through UBCM in the amount of $89,975.37, and further; That Tourism North Central Island provide to City Council projects which have a regional basis so that the City can apply to the Regional District of Comox-Strathcona for a portion of the allocations to the Regional District under the funding formula. At the 2004 UBCM Convention, Premier Campbell announced a $25 million fund for Tourism promotion to be placed with UBCM and allocated through a program developed by UBCM. The $25 million was allocated in April of 2005 to UBCM and UBCM has worked diligently since mid-april to develop criteria for the disposing of the funding. The announcement made July 29th lays out the Part 1 of Phase I of the individual Tourism spending accounts established by UBCM and is making $9 million available across the Province. The remainder of Phase I funding will be allocated based on measures of Tourism activity on a regional basis and UBCM is still working on that allocation. The rationale for Part 1, Phase I allocation is based on a base grant, a further grant based on population of the municipality and then an additional grant element if the municipality does not have a hotel tax. This means that in Campbell River's case, $89, is available. The municipality is the one that has to apply for the funding based on an established Tourism Plan. The criteria is laid out in the attached two documents - one is the transmittal letter and the second is the Program and Access Guide established by UBCM. Communications: That the above recommendations be transmitted to Tourism North Central Island with the request for them to provide to Council the programs they wish to see funded based on our Tourism Plan. This in turn would generate the necessary requests for the City to the Province to access our portion of funding. The secon 04

5 UBCM TOURISM FUNDING Page 2 recommendation runs to the fact that the Regional District of Comox-Strathcona has a regional pot of funds in the amount of $119, that may be appropriate for our representatives on the Regional District to approach the Regional Board with suggestions on how to expend this funding. DDR/j ms 0

6 CITY OF CAMPBELL RIVER LEGISLATIVE SERVICES TO: City Manager FROM: City Clerk DATE: July 26, 2005 SUBJECT: Approving Officer Appointment Recommendation: That Ronald Neufeld be appointed Acting Approving Officer. Background: As required by the Land Titles Act, Council has appointed the Planning Services Manager as Approving Officer. Historically the City Manager and Engineer have been appointed as Acting Approving Officers. It would therefore be appropriate to appoint Mr. Neufeld in order that plans may be approved in the absence of the Planning Services Manager and City Manager. Communication: None required. Respectfully,submitted, 1,04 W. T. Halstead c Planning Services Manager 6 IlZeus\CorporateServices\Legislative Services Department\Shared DatalClerklMemos & Faxes\20051Approving Officer Appointment.doc

7 CITY OF CAMPBELL RIVER BYLAW ENFORCEMENT/PROPERTY SERVICES 301 St. Ann's Road, Campbell River, B. C. V9W 4C7 Telephone: ; Fax: Month Permits Issued New Single New New Multi- Family Commercial Residential Dwelling Building Buildings New Industrial Building New Government & Institutional Additions, Alterations & Demolitions Construction Value of all permits (rounded to nearest & $1,000) Building Permit Fees *Total Permit Fees # of Buildings # of units January $4,075,000 $25, $27, February $3,999,000 $26, $29, March $7,980,000 $32, $34, April $3,632,000 $23, $24, May $4,624,000 $28, $30, June $3,967,000 $26, $28, July $5,189,000 $34, $37, August September October November December Totals $33,466,000 $197, $213, Comparison to Previous 1 4 :: ni.tirsirb:.lr _ July $ 4,361, $ 24, $ 26, ytd to July $ 20,764, $ 125, $ 145, Year to Date % 4% 50% -54% -29% 61% 58% 47%. *Includes all building related permit fees Total number of inspections for July 254 Total number of inspections year to date 1486

8 CITY OF CAMPBELL RIVER FINANCE DEPARTMENT To: Administrator From: Finance Manager Date: August 3, 2005 Subiect: Tax Collections Recommendation: That the annual statement of Tax Collections to July 31St be received. Discussion: The rate of collections has again improved from the previous year to percent of the total amount outstanding and levied in Collection rates above 90% are considered acceptable and this is the seventh year that we have seen an improvement in this figure. The total amount outstanding has decreased by $87,000 from the previous year. As can be seen the percentage collected for arrears and delinquent is good with the total magnitude of uncollected arrears and delinquent taxes dropping $43,000. Action/Communication: None required. Conclusion: Staff will continue monitoring the collection of outstanding accounts receivable. Respectfully submitted, 8 08

9 filename h:\adrian\excel data\taxes receivable CITY OF CAMPBELL RIVER TAXES RECEIVABLE AS AT JULY 31ST CURRENT ARREARS DELINQUENT TOTAL BALANCE JANUARY 1ST O/S UTIL/PCL.TAX O/S INVOICES O/S STORM SEWERS O/S SANITARY SEWERS O.S WATER 2005 Levy 3, 730, ,992 31,799 2,596 4,400 3, , ,768 31,799 2,596 4,400 3, , 730, 214 TOTAL 43, 730, , ,776 44,485, TAXES PAID TO JULY 31 42,362, ,001 95,094 42,594,660 UNCOLLECTED BALANCE 1,367, , ,682 1,891,147 PERCENTAGE RECEIVED 96.87% 26.51% 39.83% 95.75% 2004 TAXES PAID TO JULY 31 41,018, , ,440 41,654,227 UNCOLLECTED BALANCE 1,497, , ,200 1,978,076 PERCENTAGE RECEIVED 96.48% 56.05% 59.11% 95.47% 2003 TAXES PAID TO JULY 31 40,320, , ,738 40,981,485 UNCOLLECTED BALANCE 1,616, , ,553 2,218,691 PERCENTAGE RECEIVED 96.15% 48.21% 60.92% 94.86% 2002 TAXES PAID TO JULY 31 39,645,911, 446, UNCOLLECTED BALANCE 1,678, , ,402 2,400,759 PERCENTAGE RECEIVED 95.94% 46.70% 47.39% 94.38% 2001 TAXES PAID TO JULY 31 38,147, , ,369 38,947,158 UNCOLLECTED BALANCE 1,681, , ,055 2,441,100 PERCENTAGE RECEIVED 95.78% 54.51% 41.74% 94.10% 2000 TAXES PAID TO JULY 31 36,779, , ,583,648 UNCOLLECTED BALANCE 1,810, , ,808 2,514,457 PERCENTAGE RECEIVED 95.31% 56.15% 43.86% 93.73% 1999 TAXES PAID TO JULY 31 36,203, , ,397 36,875,072 UNCOLLECTED BALANCE 2,145, , ,421 2,845,085 PERCENTAGE RECEIVED 94.41% 49.18% 48.41% 92.84% 1998 TAXES PAID TO JULY 31 36,097, ,304 57,432 36,529,501 UNCOLLECTED BALANCE 1,693, , ,602 2,318,754 PERCENTAGE RECEIVED 95.52% 45.59% 24.33% 94.03% 1997 TAXES PAID TO JULY 31 34,903, ,843 51,338 35,485,230 UNCOLLECTED BALANCE 1,427, , ,202 1,875,393 PERCENTAGE RECEIVED 96.07% 62.06% 29.41% 94.98% 1996 TAXES PAID TO JULY 31 33,716, , ,999 UNCOLLECTED BALANCE 1,444, , ,570 1,855,329 PERCENTAGE RECEIVED 95.89% 59.30% 33.18% 94.85% 09 1 of 2 pages

10 filename h:\adrian\excel data\taxes receivable CITY OF CAMPBELL RIVER TAXES RECEIVABLE AS AT JULY 31ST CURRENT ARREARS DELINQUENT TOTAL 1995 TAXES PAID TO JULY 31 32,555, ,807 61,141 33,114,004 UNCOLLECTED BALANCE 1,467, , ,593 1,839,309 PERCENTAGE RECEIVED 95.69% 66.13% 34.40% 94.74% 1994 TAXES PAID TO JULY 31 30,969, ,644 85,434 31,499,207 UNCOLLECTED BALANCE 1,312, , ,097 1,684,589 PERCENTAGE RECEIVED 95.93% 64.29% 40.58% 94.92% 1993 TAXES PAID TO JULY 31 28,051, ,866 57,483 28,442,294 UNCOLLECTED BALANCE 1,231, , ,406 1,719,394 PERCENTAGE RECEIVED 95.80% 49.63% 27.65% 94.30% 1992 TAXES PAID TO JULY 31 25,584, , ,510 26,117,833 UNCOLLECTED BALANCE 1,099, ,348 82,315 1,429,881 PERCENTAGE RECEIVED 95.88% 61.74% 61.68% 94-81% 1991 TAXES PAID TO JULY 31 22,685, ,087 28,936 22,947,176 UNCOLLECTED BALANCE 1,007, ,248 97,085 1,328,635 PERCENTAGE RECEIVED 95.75% 50.97% 22.96% 94.53% 1990 TAXES PAID TO JULY 31 21,400, ,802 70,375 21,652,066 UNCOLLECTED BALANCE 959, , ,191 1,237,240 PERCENTAGE RECEIVED 95.71% 50.70% 40.78% 94.59% 1989 TAXES PAID TO JULY 31 19,166, , ,911 19,760,739 UNCOLLECTED BALANCE 671, ,718 86, ,113 PERCENTAGE RECEIVED 96.61% 64.63% 70.38% 95.32% 1988 TAXES PAID TO JULY 31 18,472, , ,980 18,822,745 UNCOLLECTED BALANCE 1,130, , ,456 1,683,276 PERCENTAGE RECEIVED 94.23% 39.60% 37.59% 91.79% 1987 TAXES PAID TO JULY 31 16,538, , ,794 16,943,472 UNCOLLECTED BALANCE 996, , ,474 1,763,287 PERCENTAGE RECEIVED 94.32% 38.14% 28.83% 90.57% 1986 TAXES PAID TO JULY 31 16,253, , ,321 16,779,757 UNCOLLECTED BALANCE 1,109, , ,854 1,976,066 PERCENTAGE RECEIVED 93.61% 39.45% 35.16% 89.46% 1985 TAXES PAID TO JULY 31 17,752, , ,700 18,195,251 UNCOLLECTED BALANCE 1,339, , ,545 2,391,884 PERCENTAGE RECEIVED 92.98% 29.05% 30.47% 88.38% to 2 of 2 pages

11 CITY OF CAMPBELL RIVER LEGISLATIVE SERVICES File: TO: FROM: City Manager City Clerk DATE: July 19, 2005 SUBJECT: Recommendation: Tyee Spit That Council: 1. give first three readings to Tyee Spit and Estuary Lands Acquisition Amendment Bylaw No. 3181, 2005, 2. establish September 19, 2005 as the deadline for elector responses against the Alternate Approval Process; 3. establish 16,646 as the total number of electors for the City of Campbell River; and 4. adopt the elector response form attached to the City Clerk's July 19, 2005 memo. Background/ Discussion: When Tyee Spit and Estuary Lands Acquisition Bylaw No was amended, Bylaw 2765 identified specific businesses as being permitted uses within the leasehold area on the Spit. A consolidated copy of Bylaw 2225 is attached for information. The 2000 amendment to the Official Community Plan permitted only fixed wing aircraft related uses. Helicopter and tourist accommodation uses such as Silver King Lodge were not permitted. These two uses have been the subject of much debate and Council has previously received significant community support in favour of retaining them on the Spit. Council's challenge was to be able to locate them within the area previously designated for commercial leases. The draft Official Community Plan provides for the existing lodge (Silver King) and helicopter businesses to remain on the Spit, provided they can be accommodated with in the designated commercial lease area. The draft OCP has been reviewed during public meetings and is scheduled to proceed through Public Hearing and adoption in the fall of Negotiations with existing businesses has provided an opportunity to retain both Silver King Lodge and West Coast Helicopters. Silver King will remain at its existing site on a reduced area the remainder of which will be added to the site "J" designated for public viewing area parking. West Coast Helicopters will be provided a site on what is currently the southerly portion of the Vancouver Island Air site. The lease for the Tyee Resort expires October 31, 2006 and is non renewable. The result of the termination of the lease of the Tyee Resort and Holiday Shores and the relocation of West Coast Helicopters will facilitate the completion of the park development. Phase 1 of a 4 Phase Park Development Plan was completed in early Phase 2 will commence upon the removal of Tyee Resort and the relocation of West Coast Helicopters, Cox Logging, MJM Air and R&N Logging. The public use portion of the Spit will be 74% of the overall area when Tyee Resort vacates the site. M: (Legislative Services Department\Shared Data\ClerkMemos & Faxes12005\Tyee Spit amendment report.doc

12 Bylaw 3181: removes reference to specific businesses. (The designation of specific uses is a land use issue and is therefore subject to the Official Community Plan and Zoning Bylaw.) adds a parking area to the public viewing area designated as site "j". extends the commercial lease period to December 31, 2031 to provide 25 years from termination of existing leases. As Bylaw 3181 reduces the scope of the park reservation established in Bylaw 2225, Bylaw 3181 requires electoral approval under section 30 of the Community Charter. Assent of the electors can be obtained by the Alternate Approval Process (formerly referred to as Counter Petition) under section 86 of the Community Charter. The Alternate Approval Process provides that if at the end of the period designated for elector response, the number of petitions against the proposed bylaw is less than 10% of the number of electors, Council may proceed to adopt the bylaw. The process requires that Council: establish a deadline for receiving elector responses (this must be at least 30 days after the 2na publication of notice of the alternate approval process), establish the elector response form, a copy of which is attached, and make a fair determination of the total number of electors. The number of electors has been determined by adding the number of registrations at the 2002 election to the number of persons on the list of electors. This amounts to 16,646 electors 10% of which is 1,665. Conclusion: By providing sites for West Coast Helicopters and Silver King Lodge, within the designated lease area, Bylaw 3181 supports two existing businesses while maintaining the integrity of the original goal to acquire the Tyee Spit for public use but in a way that provides revenue for park development and general maintenance of the Spit. Communication Action: The Alternate Approval Process will be advertised in a local newspaper. This initiative will also be included in the August Council Highlights. The Alternate Approval Process Public Notice is attached. The August Council Highlights will be available on August 8th. Respectfully/submitted, W. T. Halstead Page 2 11Zeus\CorporateServices\Legislative Services DepartmentlSharedData\Clerklmemos & Faxes120051Tyee Spit amendment report.doc

13 City of Campbell River Alternative Approval Process Elector Response Tyee Spit and Estuary Lands Acquisition Amendment Bylaw No. 3181, 2005 I, the undersigned elector residing or owning real property within the City of Campbell River, do hereby present my name on this petition for purposes of opposing the proposal to adopt Tyee Spit and Estuary Lands Acquisition Amendment Bylaw No. 3181, 2005 as advertised in the Newspaper July 29 and August 3, I acknowledge that I am a person who would otherwise be entitled to register and vote on this proposal had the approval of the electors by voting been required. I hereby certify that: 1. I am 18 years of age or older; 2. I am a Canadian Citizen; 3. I have lived in British Columbia for at least 6 months immediately before signing this counter-petition; 4. I have lived in the City of Campbell River for at least 30 days immediately before signing this counter-petition; 5. In the case of a non-resident property elector: a) I am not entitled to vote as a resident elector in the City of Campbell River for purposes of this matter; b) I have been a registered owner of real property in the City of Campbell River for at least 30 days before signing this counter-petition; c) I acknowledge that I may sign this counter-petition on behalf of only one property that I own in the City of Campbell River; d) If there is more than one individual who is the registered owner of the property, only one of those individuals may sign this counter-petition in relation to the property, assuming the non-resident property elector has the written consent of the number of individuals who, together with the person signing this counter-petition constitutes a majority of the registered owners. e) The only persons who are registered owners of the real property are individuals who do not hold the property in trust for a corporation or another trust. 6. I am not disqualified from voting under the Local Government Act or any other enactment or otherwise disqualified by law from voting. I understand and acknowledge that I may not sign an Elector Response against this proposal more than once and may not withdraw my name from an Elector Response after 4:30 p.m. Tuesday September 6, I understand and acknowledge that this Elector Response must be received by the City of Campbell River no later than 4:30 p.m. on Tuesday September 6, Elector Responses may be faxed to It is an offence under the Community Charter for a person who presents an Elector Response form to another person for signing, to knowingly make any false or misleading statements to the other person about the proposed bylaw to which the Elector Response relates. Full name of Elector (please print): Full Residential Address of Elector (please rint : Address of Property if Non-Resident Property Elector (please print): Signature of Elector: M: (Legislative Services Department) Shared Data\ClerldMemos & Faxesl20051 elector response- Tyee Spit Amendment.doc 3

14 CITY OF CAMPBELL RIVER PROVINCE OF BRITISH COLUMBIA BYLAW NO A BYLAW TO AMEND "TYEE SPIT AND ESTUARY LANDS ACQUISITION BYLAW NO. 2225, 1994." WHEREAS Bylaw 2225, "Tyee Spit and Estuary Lands Acquisition Bylaw No. 2225, 1994" authorized the acquisition of lands known as the Tyee Spit; AND WHEREAS Bylaw 2225, "Tyee Spit and Estuary Lands Acquisition Bylaw No. 2225, 1994" reserved the Tyee Spit for pleasure, recreation and community use following the retirement of the debt created by purchase of the lands; AND WHEREAS Bylaw 2225 was amended by Bylaw 2765, to extend the leases on a limited portion of the Tyee Spit by 25 years to raise funds for shoreline rehabilitation, revegetation and administration; AND WHEREAS Council desires to further amend Bylaw 2225; NOW THEREFORE Council of the City of Campbell River in open meeting assembled enacts as follows: 1. This Bylaw may be cited for all purposes as 'Tyee Spit and Estuary Lands Acquisition Amendment Bylaw No. 3181, 2005'. 2. "Tyee Spit and Estuary Lands Acquisition Bylaw No. 2225, 1994" is hereby amended by deleting Section 10 and substituting the following: 10. Notwithstanding Section 9 and 10, the leases of that portion of the Tyee Spit shown outlined by heavy bold lines on the plan attached as Schedule B may continue to be leased for commercial purposes until December 31, Bylaw 2225 is further amended by deleting Schedule B and substituting the Schedule B attached to this bylaw. 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 An alternate approval process was advertised as required by Section 94 of the Community Charter in the Mirror Newspaper on the day of and the day of with a deadline for petitions on Adopted on the day of MAYOR CITY CLERK 4

15 Bylaw No. 3181, 2005 SCHEDULE 'B' Page 2 of 2 Schedule B Tyee Spit Development Plan Campbell River Estuary Leased Properties Public Areas Letters reference leased properties 15

16 CITY OF CAMPBELL RIVER TYEE SPIT AND ESTUARY LANDS ACQUISITION - NOTICE OF ALTERNATIVE APPROVAL PROCESS Tvee Spit and Estuary Lands Acquisition Bylaw No 2225 authorized the purchase of the Tyee Spit and reserved use of the land for pleasure, recreation and community uses. It also permitted residential accommodation leases for Holiday Shores and Tyee Resort on the Spit, limited to 10 years which expire October 2006 and commercial leases which come to an end January 1, The new Official Community Plan, proposed for adoption in the fall of 2005 expands the permitted uses to include a tourist resort (Silver King Lodge) and helicopter uses provided they can be accommodated within the designated commercial lease area. Tyee Spit and Estuary Lands Acquisition Amendment Bylaw No. 3181, 2005; removes reference to specific businesses. (The designation of specific uses is a land use issue and is therefore subject to the Official Community Plan and Zoning Bylaw.) adds a parking area to the public area designated as site "J". extends the commercial lease period to December 31, Campbell River Estuary H J Leased Properties Public Areas Letters reference leased properties Schedule B Tyee Spit Development Plan N Discovery Passage Additional planning has provided an opportunity of retaining lease sites for a helicopter base (West Coast Helicopters) and a tourist resort (Silver King Lodge) within the area designated for commercial leases. The helicopter base can be accommodated on a portion of site "H", the land currently used by Vancouver Island Air. The tourist resort would remain at its existing location on site "K". The lease for the Tyee Resort expires October 31, 2006 and is non renewable. The result of the existing leases terminating and the proposed amendment to Bylaw 2225 will see the commercial leases consolidated onto the portion of the inside of the Tyee Spit designated for commercial use and the remainder developed for Park. The park development and general maintenance costs will be funded by the commercial leases. Phase 1 of a 4 Phase Park Development Plan was completed in early Phase 2 will commence upon the removal of Tyee -de Resort and the relocation of West Coast Helicopters, Cox Logging, MJM Air and R&N Logging. Public use of the Spit will be 74% of the overall area when Tyee Resort vacates the site. Alternative Approval Process A prerequisite of the adoption of Bylaw 3181 is the approval of the electors, which may be accomplished by way of the Alternate Approval Process under authority of section 86 of the Community Charter. City Council may consider the adoption of Bylaw 3181 unless at least 10% of Campbell River Electors petition against its proceeding by signing an Elector Response and submitting it to the City by 4:30 pm, Monday September 19, City Council has estimated that the total number of electors within the city is 16,646, and that 10% of that number or 1,665 electors must petition against the proposal to prevent it from proceeding. An Elector Response petition against Bylaw No must be in the form that has been established by City Council. To request a petition form please contact the office of the City Clerk at , fax or bill.halstead@campbellriver.ca. Petitions may be submitted to the City by mail or in person to the City Clerk at City of Campbell River, 301 St. Ann's Road, Campbell River, BC, V9W 4C7. Please note that only an elector of the City of Campbell River is entitled to sign a petition against this alternative approval process. A qualified elector is a person who: is a Canadian Citizen; is at least 18 years of age; has resided in British Columbia for a least 6 months; -has resided in the City of Campbell River for at least 30 days; or meets the qualifications of a non-resident elector as set out in section 51(1) of the Local Government Act. The Staff Report dated July 19, 2005 may be inspected or obtained at the City Hall between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday, excluding statutory holidays. In accordance with Section 94 of the Community Charter, this is the first of two publications of this Notice. W. T. Halstead, City Clerk

17 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, 2005". 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 methamphetamirr; "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; B

18 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; (d) the Bylaw Enforcement Property Services Manager; (e) 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; Pa ijof 14

19 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. of 14

20 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 1gage 4 of 14

21 Bylaw No. 3154, 2005 (b) water, rubbish or unsightly matter to collect or accumulate in, on, under or around real property owned, used or occupied by him or her. HEALTH 11. No person may cause or allow a Building to become subject to the growth on any portion of the Building of mould or fungus arising from or in relation to the cultivation of marijuana plants or production of Amphetamines or other Controlled Substances in the Building. FIRE PROTECTION 12. Every Owner or Occupier of real property will undertake any action directed by the Fire Chief 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 increases the danger of fire. DUTY OF OWNER 13. The Owner or Occupier of real property will not refuse entry to an Inspector who attends the real property at any reasonable time to determine whether there is compliance with this bylaw. TENANCIES 14. Every Owner of Residential Premises or other Building that is subject to a Tenancy Agreement must inspect the premises at least once every three months to ascertain whether this bylaw has been contravened. 15. Every Owner of a Residential Premises or other Building that is subject to a Tenancy Agreement who has knowledge of a contravention of this bylaw, in relation to the Residential Premises or other Building, must: (a) within 48 hours of the discovery of the contravention, deliver written notice to the City of the particulars of the contravention, and (b) subject to the Residential Tenancy Act, within two months of the delivery of the notice, take such action as may be necessary to bring the Residential Premises into compliance with this bylaw. REMEDIATION REQUIREMENTS 16. If a Building has been used for a Grow Operation, the Owner of the Building must, within 14 days after the Grow Operation has been removed, subject to the Residential Tenancy Act: (a) either remove and dispose of all carpets and curtains in the Building, or have all carpets and curtains in the Building cleaned by a Professional Cleaner; (b) if the Building is heated by forced air heating, have all air ducts cleaned by a Professional Cleaner or by a duct cleaning company; and (c) either remove all mould or water-damaged materials such as, but not limited to, drywall or gyproc, or have all walls and ceilings in the Building cleaned and disinfected by a Professional Cleaner, and the City may deliver to the Owner and Occupier of the Building a letter in the form of Schedule B. 20 Page 5of14

22 Bylaw No. 3154, 2005 INSPECTION AND CERTIFICATION REQUIREMENT 17. After a Professional Cleaner has been engaged by the Owner and has completed the requirements of Section 16, an individual or corporation certified by the Canadian 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 Building is substantially free of any Pesticides, fertilizers, toxic substances, moulds, or fungi, prior to the occupancy or re-occupancy of the Building. OCCUPANCY 18. After a Grow Operation has been removed from a Building and until the remedial measures 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. 19. Before a Building is re-occupied after removal of a Grow Operation, the Owner must notify the prospective occupants in writing that a Grow Operation has been removed and that the requirements of this bylaw have been met. ALTERATIONS 20. A Building must not be re-occupied after the removal of a Grow Operation until: FEES (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; (b) the Building complies with the health and safety requirements of the British Columbia Building Code, the B.C. Electrical Code, the B.C. Gas Code this bylaw, and all other health and safety requirements established by law; (c) the Owner has paid to the City all Service Fees and other fees due and owing under this or any other City bylaw, (d) the Manager or a Building Official has confirmed that a satisfactory occupancy inspection of the Residential Premises by the City's Business Licensing, Permits and Bylaws Department has been completed; and (e) a Re-occupancy permit per Schedule "F" has been issued. 21. The following fees apply under this Bylaw: (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 another safety enactment, the Owner must pay the City the administration and inspection fee stipulated in Schedule A; (b) an administration and inspection fee stipulated in Schedule A must be paid to the City before confirmation is provided under Section 20(d); (c) for each inspection prior to issuance of a Re-occupancy Permit, the Owner or Occupier must pay the City the Re-occupancy Permit fee stipulated in Schedule A; 2 Page 6 of 14

23 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. 22 Page 7 of 14

24 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 day of DEPOSITED with the MINISTER OF HEALTH SERVICES this day of 2005 MAYOR CITY CLERK 2 3Page 8of14

25 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 24