DISTRICT OF TOFINO REGULAR COUNCIL MEETING. Council Chamber, Municipal Office January 27, 2015 at 10:00 AM AGENDA

Transcription

1 DISTRICT OF TOFINO REGULAR COUNCIL MEETING Council Chamber, Municipal Office January 27, 2015 at 10:00 AM AGENDA Page 1. CALL MEETING TO ORDER 2. ADOPTION OF AGENDA 3. ADOPTION OF MINUTES Minutes of the Regular Council Meeting held January 13, 2015 Recommendation: THAT the minutes of the regular Council meeting held January 13, 2015 be adopted Regular Minutes 4. BUSINESS ARISING FROM THE MINUTES 4.1 Notice of Motion THAT staff prepare a computer policy for Council members that provides for the use of District owned equipment or equipment provided by Council members with reasonable compensation, but without technical support from the District. 5. ANNOUNCEMENTS FROM THE MAYOR 6. DELEGATIONS 7. CORRESPONDENCE FOR INFORMATION ONLY Correspondence from Fish and Loaves Humane Society regarding District support Letter from Fish and Loaves re District support 8. CORRESPONDENCE REQUIRING ACTION Correspondence from the Association of Vancouver Island and Coastal Communities regarding the second call for resolutions and nominations to be addressed at the 2015 AGM & Convention Memo from AVICC re Second Call - Resolutions Nominations Correspondence from Josie Osborne, Chairperson, Alberni-Clayoquot Regional District regarding a regional Community-to-Community Forum Letter from ACRD re Community-to-Community Forum Correspondence from Elisabeth Smith & Leonard Imbery regarding dog feces Letter from Elisabeth Smith & Leonard Imbery re dog feces Correspondence from Rachel Dziama, Student Union, Ucluelet Secondary School regarding partnering with Tofino Council Letter from Student Union, USS re partnership with Tofino Council January 27, 2015 Regular Council Agenda Page 1 of 39

2 9. TABLED ITEMS 10. UNFINISHED BUSINESS 11. REPORTS Request for 2015 Scholarship and Bursary Awards USS (Report from Financial Services) Recommendation: THAT the District of Tofino donate $1,500 to Ucluelet Secondary School for up to two student scholarship or bursary awards in each of the years 2015, 2016, 2017 and 2018, as outlined in the staff report Request for 2015 Scholarship and Bursary Awards USS dated January 27, RTC - Request for 2015 Scholarship and Bursary Awards USS RTC - Request for 2015 Scholarship and Bursary Awards USS - Appendix Request for Council Representative - Central Westcoast Forest Society (Report from Corporate Services) Recommendation: THAT the staff report Request for Council Representative Central Westcoast Forest Society dated January 27, 2015 be received RTC - Request for Council Representative Central Westcoast Forest Society RTC - Request for Council Representative CWFS - Appendix RTC - Request for Council Representative CWFS - Appendix RTC - Request for Council Representative CWFS - Appendix BYLAWS 13. NEW BUSINESS 13.1 Notice of Motion THAT the District of Tofino and the RCMP co-host a Town Hall Meeting on Thursday March 5th, 2015 (or another mutually agreeable date) on by-law enforcement and community policing; and THAT staff, the Mayor, and the RCMP coordinate and develop the agenda for this meeting MINUTE QUESTION PERIOD 15. IN CAMERA THAT the meeting be closed to the public pursuant to sections 90(1)(a)(c) & (e) of the Community Charter to discuss matters relating to personal information about an individual who holds or is being considered for a position as an officer, employee or agent employee relations the acquisition, disposition or expropriation of land or improvements 16. RECONVENE FROM IN CAMERA MEETING 17. ADJOURNMENT January 27, 2015 Regular Council Agenda Page 2 of 39

3 REGULAR MEETING DISTRICT OF TOFINO COUNCIL January 13, 2015 at 10:00 AM Council Chamber MINUTES PRESENT: Mayor J. Osborne Councillors Anderson, Baert, Blanchette, McMaster (via phone), Thicke, Thorogood Robert MacPherson, Chief Administrative Officer Nyla Attiana, Director of Financial Services Jane Armstrong, Manager of Corporate Services Aaron Rodgers, Manager of Community Sustainability Bob Schantz, Manager of Public Works & Building Inspection April Froment, Manager of RMI Services Mira Malkowsky, Office Assistant Press, Public 1. CALL MEETING TO ORDER Mayor Osborne called the meeting to order at 10 am. 2. ADOPTION OF AGENDA Resolution No. 1/15 Moved by Mayor Osborne Seconded by Councillor Thicke THAT the January 13, 2015 agenda be amended by adding a notice of motion under New Business. CARRIED Resolution No. 2/15 Moved and Seconded by Councillors Anderson/Blanchette THAT the January 13, 2015 agenda be adopted as amended. CARRIED 3. ADOPTION OF MINUTES 3.1 Minutes of the Regular Council Meeting held December 9, 2014 Resolution No. 3/15 Moved and Seconded by Councillors Anderson/Thorogood THAT the minutes of the regular Council meeting held December 9, 2014 be adopted. CARRIED 4. BUSINESS ARISING FROM THE MINUTES None. 5. ANNOUNCEMENTS FROM THE MAYOR Mayor Osborne: welcomed John Gilmour to his new position as Fire Chief. advised of the January 12, 2015 meeting between Wickaninnish Community School gym January 13, 2015 Regular Council Meeting Minutes Page 1 of 4 Page 3 of 39

4 6. DELEGATIONS None. stakeholders regarding the gym use agreement. 7. CORRESPONDENCE FOR INFORMATION ONLY 7.1 Correspondence from John Bowman, President, North Island College regarding election to office. Resolution No. 4/15 Moved and Seconded by Councillors Baert/Blanchette THAT the District of Tofino respond to the letter from John Bowman, President of North Island College dated November 28, 2014 congratulating Council members on their success in the 2014 General Local Election by thanking him and expressing Council's support for him attending an upcoming Council meeting. CARRIED 7.2 Correspondence from Larry Ransom, Board Chair, School District 70 (Alberni) regarding election to office. Resolution No. 5/15 Moved and Seconded by Councillors Baert/Thicke THAT the District of Tofino respond to the letter from Larry Ransom, Board Chair, School District 70 dated December 1, 2014 congratulating Council members on their success in the 2014 General Local Election by thanking him and expressing Council's interest in meeting with the Board of Education at their earliest possible convenience. CARRIED 8. CORRESPONDENCE REQUIRING ACTION 8.1 Correspondence from Loic Hersco, Tofino Storage and Warehousing Ltd. regarding signage for Industrial Way businesses. 9. TABLED ITEMS Resolution No. 6/15 Moved and Seconded by Councillors Baert/Anderson THAT the matter of signage for Industrial Way businesses as outlined in the correspondence from Loic Hersco, Tofino Storage and Warehousing Ltd. dated December 15, 2014 be referred to staff. CARRIED None. 10. UNFINISHED BUSINESS None. April Froment, Manager of RMI Services left the meeting at 10:20 am. January 13, 2015 Regular Council Meeting Minutes Page 2 of 4 Page 4 of 39

5 11. REPORTS 11.1 Appointment of Liaison to Wickaninnish Community School Society (Report from Corporate Services) Resolution No. 7/15 Moved and Seconded by Councillors Anderson/Baert THAT the staff report "Request for Council Representation Wickaninnish Community School Society" dated January 13, 2015 be received. CARRIED Resolution No. 8/15 Moved and Seconded by Councillors Anderson/Thorogood THAT Councillor Blanchette be appointed to the Wickaninnish Community School Society as a non-voting liaison for a term ending October 31, 2018; AND THAT Councillor Thicke be appointed as the alternate. CARRIED 11.2 Tofino Recreation Commission Resolution No. 9/15 Moved and Seconded by Councillors Blanchette/Anderson THAT the minutes of the Tofino Recreation Commission meeting held December 10, 2014 be received. CARRIED 11.3 Update on January 7, 2015 Earthquake (Verbal Report from Manager of Community Sustainability) 12. BYLAWS Aaron Rodgers, Manager of Community Sustainability provided an update on the January 7, 2015 earthquake including: information about the event the District's response including that no tsunami warning was issued and the Emergency Operations Center was not activated post-event follow-up Nyla Attiana, Director of Financial Services joined the meeting at 10:52 am. None. 13. NEW BUSINESS 13.1 Notice of Motion Councillor Thicke gave notice of a motion to be brought forward at the January 27, 2015 Regular Council meeting regarding a review of the elected officials laptop policy MINUTE QUESTION PERIOD Press asked questions regarding Industrial Way signage. Public asked questions regarding downtown directional signage. January 13, 2015 Regular Council Meeting Minutes Page 3 of 4 Page 5 of 39

6 15. IN CAMERA Resolution No. 10/15 Moved and Seconded by Councillors Thicke/Anderson THAT the meeting be closed to the public pursuant to sections 90(1)(a)(c) & (e) of the Community Charter to discuss matters relating to the personal information of an individual being considered for a committee appointment employee relations the acquisition, disposition or expropriation of land or improvements CARRIED Council closed the meeting at 10:58 am and returned to open session at 11:55 am. 16. RECONVENE FROM IN CAMERA MEETING 17. ADJOURNMENT Resolution No. 15/15 Moved and Seconded by Councillors Blanchette/Anderson THAT Council rise from in-camera with report on items 3.1 and 3.2 and return to the open meeting. CARRIED Resolution No. IC-12/15 Moved and Seconded by Councillors Anderson/Thorogood THAT the District of Tofino enter into a five-year agreement with Island Health to lease, in accordance with the terms and conditions outlined in the staff report "Lease Agreement for the Community Children s Centre" dated January 13, 2015, that portion of land and improvements located at 265 First Street for the purposes of operating the Community Children s Centre; AND THAT the Mayor and Corporate Officer be authorized to execute the agreement. CARRIED Resolution No. IC-13/15 Moved and Seconded by Councillors Blanchette/Anderson THAT the staff report "Board of Variance Appointment of Member" dated January 13, 2015 be received. CARRIED Resolution No. IC-14/15 Moved and Seconded by Councillors Anderson/McMaster THAT Abbie MacPherson be appointed to the Board of Variance for a term ending December 31, CARRIED Resolution No. 16/15 Moved and Seconded by Councillors Thicke/Baert THAT the meeting be adjourned at 11:55 am. CARRIED CERTIFIED CORRECT: Josie Osborne, Mayor Robert MacPherson, Corporate Officer January 13, 2015 Regular Council Meeting Minutes Page 4 of 4 Page 6 of 39

7 Fish and Loaves Humane Society, Box 818, Tofino VOR2ZO Ph FISH AND LQAY~$ Date: Dec 29, 2014 To: Mayor and Council 121 3'ct St ' Box 9 Totino, BC VOR2ZO 0 Council mf'ormation OCAO D Planner D PubliC Works 0 Parks/Recreation D fire Chief l D Council Reference ' D Deputy Clerk, 0 Finance I { 0 Building mspector t 0 Bylaw Enforcement I D Agenda--- 'D ==== Dear Mayor and Council: The Fish and Loaves lunch program would like to thank you for the ongoing support in providing a venue for us to use for all these years. We are able to provide hundreds of healthy meals to a wide variety of people with this help. We have seen many of these people go on to contribute to the community in getting jobs, volunteering and being productive citizens. We are grateful that you support us as we know your support means more to us than just the actual aid we receive. We are encouraged that you do care for the people we serve and for the work we do with them. Thank you, and God bless, >l4~.. r 1 Mhn Enns and the crew at Fish and Loaves Page 7 of 39

8 MEMORANDUM TO: FROM: AVICC Members Iris Hesketh- Boles, Executive Coordinator DATE: January 5, 2015 RE: SECOND CALL AVICC RESOLUTIONS AND NOMINATIONS DEADLINE FOR RESOLUTIONS All resolutions must be received in the AVICC office by: FEBRUARY 23, 2015 SUBMISSION REQUIREMENTS 1. One copy of the resolution by regular mail to: AVICC 525 Government Street Victoria, BC V8V 0A8 AND 2. One copy submitted electronically either through the online submission form or by (submitting the resolution in MS Word is preferred): a) Online b) to avicc@ubcm.ca (Word version of the resolution itself preferred) The resolution should not contain more than two "whereas" clauses; and Background documentation must accompany each resolution submitted. LATE RESOLUTIONS a. Resolutions submitted following the expiry of the regular deadline shall be considered "Late Resolutions" and shall comply with all other submission requirements, except that a copy of the resolution must be forwarded to the AVICC by the Wednesday noon preceding the date of the Annual General Meeting. This year s late resolution deadline is April 8, Page 8 of 39

9 b. Late resolutions shall be available for discussion after all resolutions printed in the Resolutions Book have been debated. c. Late resolutions are deemed to be appropriate for discussion only if the topic is such that it has arisen since or was not known prior to the regular deadline date for submission of resolutions. d. In the event that a late resolution is recommended to be admitted for discussion AVICC shall produce sufficient copies for distribution to the Convention. UBCM ASKS FOR RESOLUTIONS TO BE CONSIDERED BY THE AREA ASSOCIATIONS FIRST UBCM urges members to submit resolutions first to Area Associations for consideration. Resolutions endorsed at Area Association annual meetings are submitted automatically to UBCM for consideration and do not need to be re- submitted to UBCM by the sponsor. A resolution should be submitted directly to UBCM only if the resolution addresses an issue that arises after the Area Association annual meeting. In this case, local governments may submit council- or board- endorsed resolutions to UBCM prior to June 30 each year. Should this be necessary, detailed instructions are available under the Resolutions tab on ubcm.ca. DEADLINE FOR NOMINATIONS TO BE INCLUDED IN THE REPORT ON NOMINATIONS All nominations that are to be included on the Report on Nominations must be received in the AVICC office by FEBRUARY 23, Nomination and consent forms are available on avicc.ca. Nominations not received by the February 23, 2015 will be received from the floor of the AGM and Convention. Page 9 of 39

10 ALBERNI-CLAYOQUOT REGIONAL DISTRICT 3008 Fifth Avenue, Port Alberni, B.C CANADA V9Y 2E3 Telephone (250) FAX: (250) January 15, 2015 District of Tofino PO Box 9 Tofino BC VOR 2ZO Dear Mayor, Council & Senior Staff: 0 Council information f DCAO 1 D Planner ~ D Public Works ; D Parks/Recreation I 0 Fne Chief } 0 Council Reference D Deputy Clerk 0 Fmance I 0 Bu1idmg Inspector D Bylaw Enforcement D Agenda----- c9::,.; ===== The Alberni-Ciayoquot Regional District is hosting a regional Community-to-Community Forum on Friday, March 27 1 h, 2015, with the communities of District of Ucluelet, District oftofino, the City of Port Alberni, Ahousaht, Ditidaht, Hesquiaht, Hupacasath, Huu-ay-aht, Tla-o-qui-aht, Toquat, Tseshaht, Uchucklesaht, and Yuu!u7i!7ath, Alberni-Ciayoquot Health Network, School District #70, Port Alberni Friendship Center and other organizations from Tofino, Ucluelet, Bam field and Port Alberni. Regional Community-to-Community Forums provide a time and place for dialogue and the opportunity to increase understanding and to improve overall relations between First Nations and local governments and organizations on issues of mutual interest and concern. The theme of the forum this year will be nananiiqsuu haahuupa, Sharing the Grandparent's Teachings, presented by John Rampanen. The workshop is experiential and exploratory in nature. This includes an in-depth and hands-on approach that demonstrates and highlights fundamental aspects pertaining to traditional Nuu-chah-nulth way of life, governance, beliefs, etc. The latter portion of the workshop focuses specifically upon developing and maintaining meaningful and effective dialogue across cultures. In this regard we will initiate key discussions in smaller group settings that intentionally explore the establishment of culturally safe and appropriate environments for constructive dialogues, identification of key issues and common ground areas that can be built upon and potential opportunities/next steps in future dialogue that could or should be initiated afterwards as a follow-up to this workshop. We hope that all communities can be represented; we would appreciate participation by your government members and senior staff. This forum will be held at the Hupacasath First Nation House of Gathering, 5500 Ahahswinis Dr. Port Alberni, BC. The Regional District will coordinate transportation for those from the West Coast. The following is the proposed schedule for the day, to enable you to plan your attendance: 8:00am- Bus leaves the West Coast (Pacific Rim Visitor's Centre at the Hwy 4 Junction) 10:00 am- Opening remarks and introductions at the House of Gathering 12:00 pm- Lunch (provided) 3:30pm- Forum wrap up 4:00pm- Bus leaves for West Coast Members: City of Port A!berni, District ofucluelet, District oftofino, YnuhOil?ati) Government. 1-luu-ay-aht First Nations, Uchucklesaht Tribe Electoral Areas "A" (l3amfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and 'T" (Cherry Creek) Page 10 of 39

11 If you are interested in participating in this event; please provide written confirmation of your intent to participate to by Monday, February 2, Thank you for your consideration of our request and we look forward to your participation. If you have any questions regarding the forum, please contact Russell Dyson, Chief Administrative Officer at Sincerely, \ e.., (! Jos(e Osborne Chairperson Members: City of Port Alberni, District of Uclue\et, District oftofino, Yuulu'fir.>ati,l Government, 1-luu-ay-aht First Nations, Uchucklesaht Tribe Electoral Areas "!\" (Bamfield), "13" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" {Reaver Creek) and "F" (Cherry Creek) Page 11 of 39

12 From: To: Subject: Date: Jane Armstrong Mira Malkowsky FW: Letter from community member for agenda next week January :12:47 AM From: Elisabeth Smith Subject: dog defecation Date: January 14, 2015 at 10:38:15 AM PST To: Hello Mayor & Council. I have been a part time resident of Tofino for almost 4 years now. My husband & I bought property here and we also live in Nanaimo. It has come to our attention that there is a big problem in Tofino of people who do not pick up after their dogs. It is particularly bad on S. Chesterman Beach where we are close to, but I have heard that it is also a big problem on the other beaches as well. I am also aware of people's complaints about the same problem right in town. I know there is a by-law about owners picking up after their dogs, but it doesn't seem to be enforced very well. I realize that it is probably a difficult by-law to enforce, but perhaps the placement of more garbage bins and bag dispensers along the beaches and in town would help. I know there would still be some people who will not bother to clean up after their dogs, but it might encourage others who would do it if it were an easier task. As well as increasing the garbage bins & bag dispensers, perhaps signs with warnings and fines for offences would help. This issue is often discussed on the Tofino Facebook pages. A great many people seem to be quite annoyed & disgusted by this on-going problem. It has even been pointed out that it can be a health hazard for some individuals like small children, the elderly, pregnant women and people with immune disorders. All summer long small children dig & play on the beaches and it's sad to think that dog feces might be a part of the sand they are playing in. I'm sure it's also a drawback to the tourist industry. If I and many other locals are noticing all the dog poop, I'm sure the tourists must be noticing it as well. I think the situation gets a little big better in the summer time, when there are many more people around and so dog owners feel more obligated to pick up after their dogs. But in the winter months it becomes a very disgusting problem. We have 2 small dogs, and always pick up after them. Page 12 of 39

13 We sincerely hope that something can be done, that will help to remedy this ongoing issue. Sincerely, -- Elisabeth Smith & Leonard Imbery Page 13 of 39

14 October 13, 2014 Student Union, Ucluelet Secondary School Dear Tofino Mayor and Council, The Ucluelet Secondary School Student Union is up and running for this school year. Last year, our students had the opportunity to experience a Ucluelet council meeting plus council members visited a student meeting and shared ideas and provided input. We would very much like to extend this partnership to Tofino council. We recognize elections are taking place November 15, but we trust this expression of interest will be of interest to both current and potential future council members. Although logistics may be a consideration, I am sure we can work together to overcome this small obstacle. I anticipate your reply and look forward to working with you to select dates to make this effort a success. I can be reached by return or on my cell at If the format of my submission is in any way in error, please contact me as above so we can work to rectify any issues. With thanks, Rachel Dziama Page 14 of 39

15 MEETING DATE January 27, 2015 The Corporation of the District of Tofino REPORT TO COUNCIL A/T #: CR- n/a TO Mayor & Council File #: FROM Nyla Attiana, Director of Financial Services SUBJECT Request for 2015 Scholarship and Bursary Awards USS RECOMMENDATION THAT the District of Tofino donate $1,500 to Ucluelet Secondary School for up to two student scholarship or bursary awards in each of the years 2015, 2016, 2017 and 2018, as outlined in the staff report Request for 2015 Scholarship and Bursary Awards USS dated January 27, CAO S COMMENTS I concur with the recommendation of the Director of Financial Services. PURPOSE This report is being submitted to Mayor and Council in response to Ucluelet Secondary School s letter dated January 15, 2015 requesting 2015 Scholarship and Bursary Awards. STRATEGIC PRIORITY OF COUNCIL Not applicable. FINANCIAL IMPACTS The financial impact will be $1,500 each fiscal year from 2015 to 2018 totaling $6,000. BACKGROUND Each year Ucluelet Secondary School (USS) submits a donation request to the District for scholarship and bursary awards. In 2014 a donation was approved for an amount in excess of the request. The resolution was as follows: Resolution #41/14: THAT a total scholarship amount of $1,500 for up to two students be donated to Ucluelet Secondary School. 1 Page 15 of 39

16 DISCUSSION USS s 2015 request, Appendix 1, is for the same amount that was approved in Staff is recommending that a total annual scholarship or bursary amount of $1,500 for up to two students be donated to Ucluelet Secondary School in years 2015, 2016, 2017 and By approving the donation for multiple years, this request will not require Council approval on an annual basis. Respectfully submitted, Nyla Attiana, Director of Financial Services Appendix: 1. Letter from Ucluelet Secondary School 2 Page 16 of 39

17 January 15, 2015 Chief Administrative Officer District of Tofino Box 9 Tofino, B.C. VOR 3AO Dear Sir or Madam, RE: Ucluelet ~~f,q 1Q3ty School UCLUELET SECONDARY SCHOOL 2015 SCHOLARSHIP AND BURSARY AWARDS OCAO 0 Planner 0 Public Works 0 ParksJRecreatiOo 0 Fire Chret 0 Council Reference 0 Deputy Clerk 0 Finance \ 0 Bulldrng Inspector 0 Bylaw Entorcement 0 Agenda----- \,fd!.::::====== In the past West Coast organizations and individuals have been very generous in their support of our graduating students. Due to our communities' commitment to our students, many young people have received much needed help for their continued education. We have a strong group of senior students this year who will be actively pursuing post-secondary education. Your previous scholarship donation was greatly appreciated, and we are hoping for your continued support. We would, however, like to receive confirmation of this support before March 15, This will give the Scholarship Committee ample time to determine the awards for the numerous applicants this year. Please confirm to USS secretary Corrine Corlazzoli, at ccorlazzoli@sd70.bc.ca. If possible please supply an address so further correspondence can be done electronically. Enclosed, are the criteria for your scholarship. If the criteria do not meet the present requirements of your company or organization, would you please make the necessary changes and return this sheet to us. The Commencement Ceremonies will be Saturday, June 20, 2015 at 2 pm in the gym. If you should have any questions or concerns regarding the above process, or about the award itself, please feel free to contact me or Corrine at the school. We have been most appreciative of your support in the past and look forward to your response for this year. Respectfully, Carol Sedgwick Principal attach P.O. Box40, (Jcluelet, B.C. VOR 3AO (250) Fax (250) $l) Page 17 of 39

18 DISTRICT OF TO FINO A WARD Awarded at the Commencement Ceremonies TYPE: $1500 total scholarship amount for up to TWO students CRITERIA: 1. Awarded to a student who is planning to pursue any post-secondary school education; 2. One who is in need of financial support; and 3. A Tolino resident. Contact: Chief Administrative Officer District of To fino Box 9 Tofino, B.C. VOR 2ZO Osborne@tofino.ca Phone: Fax: Page 18 of 39

19 The Corporation of the District of Tofino REPORT TO COUNCIL MEETING DATE January 27, 2015 A/T #: TO Mayor & Council File #: FROM Jane Armstrong, Manager of Corporate Services CR- n/a SUBJECT Request for Council Representative Central Westcoast Forest Society RECOMMENDATION THAT the staff report Request for Council Representative Central Westcoast Forest Society dated January 27, 2015 be received. CAO S COMMENTS It is noted that appointing a Council Member to the Central West Coast Forest Society would be contrary to Council s policy (Appendix 1 ) as the society bylaws provide that board members are to be elected, rather than appointed by a third party such as the District of Tofino Council. PURPOSE To present for Council s consideration a request from the Central Westcoast Forest Society (Society) that Council appoint a representative to serve on the Society s Board of Directors for a term ending the earliest of: Council no longer wishes representation on the Board of Directors Council appoints another member as its representative the appointed member ceases to hold office October 31 in the year of a general local election STRATEGIC PRIORITY OF COUNCIL Not applicable. FINANCIAL IMPACTS Staff time to review requests and administer Council appointments. BACKGROUND Council Appointments to External Organizations As outlined in the staff report Council Appointments - Standing Committees, Select Committees and External Bodies dated December 9, 2014, Council is responsible for appointing representatives to various external bodies. Some of these appointments are required by legislation, such as the 1 Page 19 of 39

20 appointment of a director and alternate to the Board of the Alberni-Clayoquot Regional District, while others are at the sole discretion of Council. In considering appointment requests to non-statutory external bodies, decision-making is guided by the Appointment of Council Members to External Committees Policy (Appendix 1 ). This policy provides that in determining whether formal representation is necessary or desirable, Council take into consideration relevance and time constraints. In accordance with the policy, organizations are required to submit ratified Terms of Reference that should explicitly provide for Council representation. Council is also encouraged to take into consideration the evolving jurisprudence respecting conflict of interest. As outlined in the previously referenced staff report, where the term of appointment is not specified, it will be at the pleasure of Council and end the earliest of: 1) Council no longer wishes to formally participate on the external body 2) Council appoints another member as its representative 3) the appointed member ceases to hold office 4) October 31 in the year of a general local election. Membership on all committees, including external bodies, is reviewed annually each December by Council. As of the writing of this report, Council has representatives on 12 external bodies as follows: four statutory (Alberni-Clayoquot Regional District, Island Coastal Economic Trust, Municipal Insurance Association, Vancouver Island Regional Library) two society boards based on incorporation documents (Clayoquot Biosphere Trust*, Tofino Harbour Authority) six discretionary (Clayoquot Salmon Round Table, ACRD Long-Beach Airport Advisory Committee, Pacific Rim Knowledge and Innovation Project Steering Committee, Tourism Tofino, Westcoast Native Health Care Society Building Committee, Wickaninnish Community School Society) * Note In accordance with Society bylaws, the District of Tofino s role is to advertise and appoint interested Tofino residents to the positions of director and alternate director Current Request The District has received a letter (Appendix 2 ) from Jessica Hutchinson, Executive Director/Ecologist, Central Westcoast Forest Society requesting that Council appoint a representative to sit on the Society s Board of Directors. As per Council policy, staff requested a copy of the Society s constitution and bylaws, and any amendments made there to. The Certificate of Incorporation submitted January 19, 2015 is attached for Council s review. Staff have requested that page 2 of the amending resolution filed and registered October 28, 1999 be forwarded as soon as possible. As outlined in Jessica Hutchinson s letter, the Society s Board of Directors includes representatives from the region s five First Nations, Parks Canada, District of Ucluelet and Alberni-Clayoquot Regional District. DISCUSSION The Central Westcoast Forest Society is a not for profit organization incorporated under the Society Act of British Columbia. Purposes of the Society are the protection, conservation, and enhancement of the natural environment for the public good through the restoration of aquatic and forest ecosystems and the construction and maintenance of recreational infrastructure (paragraph two of the Society s Constitution, as amended December 21, 2001). Key considerations in reviewing this request are: Contrary to Council policy, the bylaws of the Society do not provide for a representative from Tofino Council to sit on its Board of Directors. Directors of the Society are to be elected by its members at 2 Page 20 of 39

21 each Annual General Meeting (paragraph 6.05 of the bylaws). The Society s Executive Director has advised that, should Council choose to appoint a representative, the appointee would serve at the pleasure of Council, as outlined in the Purpose section of this report. General implications of Council members sitting on society boards both personally and as Council members given recent court rulings respecting conflict of interest. Respectfully submitted, Jane Armstrong, Manager of Corporate Services Appendices: 1. Appendix 1 Appointment of Council Members to External Committees Policy 2. Appendix 2 Request for Council Representation 3. Appendix 3 Certificate of Incorporation (Constitution, Bylaws, Amendments) 3 Page 21 of 39

22 The Corporation of the District of Tofino Appointment of Council Members to External Committees RESOLUTION NUMBER : DATE: CERTIFIED CORRECT: 2010-October-12 CAO POLICY: 1. It is the Policy of the District to appoint members of Council to external committees where Council representation is meaningful and relevant. REASON FOR POLICY: 1. To ensure that the appointment of members of Council to external committees is meaningful and relevant. 2. To apportion the limited resource of Councillor person-hours among organizations that require Council representation. AUTHORITY TO ACT: Mayor and Council. PROCEDURE: a) External organizations and committees that request Council representation are required to submit a ratified Terms of Reference to Mayor and Council for review. b) The committee terms of reference must include explicit reference to Council representation in the membership and/or appointment section. c) Council shall determine whether Council representation is warranted, and shall approve the appointment of a Council member by resolution in a publicly held Council meeting. d) Council may give priority to committees that require Council representation as a member of its board. 1 Page 22 of 39

23 CENTRAL WESTCOAST FOREST SOCIETY 1920 #2 lyche Road Po Box 641 Ucluelet BC, VOR 3AO clayoquot.org District of T ofino 121 3rd Street PO Box9 Totino, BC VOR 2ZO Dear Mayor and Council, Central Westcoast Forest Society (CWFS) is a local registered charity. Our mandate is to restore forest and stream ecosystems, conduct research and monitoring projects, and provide community engagement through education and employment. Since the organization began in 1995 we have raised over 1 0 million dollars and invested every cent into the cause. We have successfully completed 48 ha of landslide bioengineering, 249 km of road deactivation, 83 km of fish bearing stream restoration and 89 ha of forest restoration. I am writing to request that a representative from the District of Totino Mayor and Council be appointed to the CWFS board of directors. The organization is governed by a board of directors with representation from all five First Nations in the region. Active seats are also held by representatives from Parks Canada, District of Ucluelet and Alberni-Ciayoquot Regional District. The board and the staff at CWFS work cooperatively to help achieve a common goal of habitat restoration in our region. CWFS has worked on a number of community based restoration projects in the District of Totino. In 2015, we will continue our monitoring and restoration efforts on Centennial Creek, Mackenzie Creek, and Jensen's Creek. We will also be working with the Ministry of Transportation and Infrastructure completing an assessment of culverts conditions between Maltby Road and Pacific Rim National Park Reserve. The assessment will map fish bearing streams, identify impediments or barriers to fish movement across the highway and evaluate habitat conditions at the stream crossings. CWFS is a long standing member of the Totino Chamber of Commerce and provides fulltime employment for 2 Totino residents and seasonal employment for over 10 residents of Totino. Thank you for your time and consideration in this matter. If you have any questions please do not hesitate to contact me at your convenience. Page 23 of 39

24 DUPLICATE NUMBER S SOCIETY ACT CANADA PROVINCE OF BRITISH COLUMBIA CERTIFICATE OF INCORPORATION I Hereby Certify that CENTRAL WESTCOAST FOREST SOCIETY has this day been incorporated under the Society Act Issued under my hand at Victoria, British Columbia on November 23, 1995 JOHN POWELL Registrar of Companies Page 24 of 39

25 FORM 3 SOCIETY ACT I FILED AND REGISTERED NOV CONSTITUTION OF CENTRAL WESTCOAST FOREST SOCIETY 1. The name of!he Society is Central Weslcoast Forest Society The purposes of the Society are to foster and encourage employment opportunities for forest workers in the central westcoast region of Vancouver Island in the Province of British Columbia by identifying and supporting employment opportunities for forest workers. 3. Additional to the foregoing and ancillary thereto, the Society shall have the following powers. which powers are alterable, namely: (a) (b) to receive funds and assets to apply to further the purposes of the Society: to enter into any contracts or arrangements with any person. corporation or inslilu!ion, which may further the Society's purposes; and to do all other things which are incidental or conducive to the attainment of the purposes of the Society. 4. The affairs of the Society shall be conducted so as to promote the purposes of the Society and the Society shall not carry on activities for the purpose of the personal financial gain of its members. The provisions this paragraph 4 shall be unalterable 5 Upon the winding up or dissolution of the Society and after payment of all debts and liabilities the remaining property of the Society shall be distributed or disposed of w1lhin one year to such organizat1on or organizations with similar purposes in British Columbia, as may be determined by the members of the Society at the lime of winding up or dissolution, provided that each such organizalron is either a registered charity or qualrfied donee recognized by Revenue Canada Taxation to be qualified as such under the Income Tax Act of Canada. from time to time, in effect The provisions o! paragraph 5 shall be unalterable. Page 25 of 39

26 BYLAWS OF CENTRAL WESTCOAST FOREST SOCIETY INDEX PAGE BYLAW I-INTERPRETATION 2 BYLAW II- MEMBERSHIP 2 BYLAW Ill- TERMINATION AND FORFEITURE OF MEMBERSHIP 3 BYLAW IV- MEETINGS 3 BYLAW V- PROCEEDINGS AT GENERAL MEETINGS 4 BYLAW VI- DIRECTORS AND OFFICERS 5 BYLAW VII - PROCEEDINGS OF DIRECTORS 6 BYLAW VIII- DUTIES OF OFFICERS 7 BYLAW IX- ADVISORY BOARDS 8 BYLAW X- SEAL 8 BYLAW XI - BORROWING 8 BYLAW XII - AUDITOR 9 BYLAW XIII - NOTICES TO MEMBERS 9 BYLAW XIV- AMENDMENTS TO BYLAWS 9 Page 26 of 39

27 2, BYLAWS OF CENTRAL WESTCOAST FOREST SOCIETY BYLAW I INTERPRETATION 1,01 In these Bylaws, unless the context otherwise requires: (a) (b) (c) (d) (el 'Directors'' mean the directors ol the Society for the time being; 'Society" means Central Westcoast Forest Society; 'Society Act' means the Society Act, R.S,B.C, 1979, c390, from time to time in force and all amendments to it; words importing the singular include the plural and vice versa and words importing a male person include a female person and a corporation; and when construing the Bylaws, reference shall be had to the definitions in the Society Act on the date the Bylaws become effective and words and expressions used in the Bylaws shall, as far as the context does not otherwise require have the same meaning as would be the case when used in the AcL BYLAW II MEMBERSHIP 2~01 The members of the Society shall not exceed 12 in number and shall be: (a) (b) the applicants for incorporation of the Society; and persons appointed by the Directors, or approved for membership upon receipt of a written application for membership, 2.02 Every member shall uphold the Constitution and comply with these Bylaws~ 2~03 There shall be no membership dues payable by the member of the Society, unless otherwise determined by the Directors~ 2~04 A person shall cease to be a member in good standing when declared not to be in gnod standing by a Special Resolution passed at a General Meeting as a result of that member either being in breach of these Bylaws or acting contrary to the purposes of the Society~ 2~05 No corporation (as that term is defined in the Interpretation Act, R,S.B.C. 1979, C206l shall be a member of the Society~ Page 27 of 39

28 3 BYLAW Ill- TERMINATION AND FORFEITURE OF MEMBERSHIP 3.01 A person shall cease to be a member of the Society: (a) {b) {c) (d) by delivering his resigna!lon in writing to the secretary of the Society, or by mailing or delivering it to the address of the Society; on his death; on ceasing to be a member in good standing; or on being expelled The Directors shall have the power by a vote of three fourths of those present to expel or suspend any member whose conduct shall have been determined by the Directors to be improper, unbecoming or likely to endanger the interest or reputahon of the Society No member shall be expelled or suspended without notice of the charge or complaint against him and without having first been given an opportunity to be heard by the Directors at a meeting called for that purpose. BYLAW IV - MEETINGS 4.01 Every General Meeting, other than an Annual General Meeting IS an Extraordinary General Meeting and shall be held at such times and places as the Directors shall decide Annual General Meetings of the Society shall be held at such lime and place as the Directors shall decide provided that the first Annual General 1 Meeting of the Society shall be held not more than 15 months after the date of incorporation and thereafter, an Annual General Meeting shall be held at least once in every calendar year and not more than 15 months after the adjournment of the last preceding Annual General Meeting. The Directors may, whenever they think fit convene an Extraordinary General Meeting. Due notice of time and place and the general nature of bus1ness to be transacted at a General Meehng or at an Extraordinary General Meeting shall be gm?n to each member at least 14 days before the meeting. Page 28 of 39

29 The accidental omission to give notice of a General Meeting or the non-receipt of a notice by any members entitled to rece1ve notice, does not invalidate proceedings at that meeting. BYLAW V- PROCEEDINGS AT GENERAL MEETINGS 5.01 A quorum at a General Meeting of the Society shall be a majority of the members or such greater number as the members may determine at a General Meeting but in no event shall a quorum be less than 3 members The Chair of the Society, the Vice Chair or 1n the absence of both, one of the other Directors present, shall preside as chairperson of a General Meeting No business, other than the election of a chairperson if the Chair is absent and the adjournment or termination of the meeting shall be conducted at a General Meeting at a time when a quorum is not present 5.04 If at any time during a meeting there ceases to be a quorum present, business then in progress shall be suspended until there is a quorum present or until the General Meeting is adjourned or terminated 5.05 If within 30 minutes from the lime appointed for a meellng, a quorum is not present, the General Meeting rf convened on!he requisition of members, shall be terminated but in any other case it shall stand adjourned to such date as the Directors may decide A General Meeting may be adjourned from time to time and from place to place but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. No resolution proposed at a meeting need be seconded and the chairperson of a meeting may move or propose a resolution. In case of an equality of votes, the chairperson shall not have the casting or second vote in addition to the vote to which he may be entitled as a member and the proposed resolution shall not pass A member 1n good standing present at a general meeting of members is entitled to vote and each of such members shall have one vote Voting is by a show ol hands Voting by proxy is not permi!led. Page 29 of 39

30 5 BYLAW VI DIRECTORS AND OFFICERS 6 01 The interim Directors the Society shall be the applicants for incorporation who shall be the interim Directors listed in the list of first Directors filed with the Registrar of Companies for British Columbia at the time of incorporation of the Society, The interim Directors shall, within a time period which they deem reasonable and practical, appoint the first Directors from the members, The term of the interim Directors shall expire upon the appointment of the first appointed Directors. The interim Directors are eligible for appointment as first Directors The number of Directors of the Society shall be 5, or such greater or lesser number as may be determined, from time to time, by the Directors, and shall include the Chair, Vice Chair, Secretary and Treasurer The Directors may exercise all such powers and do all such acts and things as the Society may exercise and do, which are not by these Bylaws or by statute or otherwise la'llfully directed or required to be exercised or done by the Society in general meeting, but subject nevertheless, to the provisions of: (a) (b) (c) ell laws affecting the Society: these Bylaws; and rules not being inconsistent with these Bylaws which are made from time to t1me by the Society in General Meeting No rule made by the Society in General Meeting invalidates a prior act of the Directors that would have been valid if that rule had not been made The Directors shall retire from office at each Annual General Meeting when their successors shall be elected Directors are eligible for re-election. Separate elections shall be held for each office to be filled An election may by acclamation, otherwise it shall be by ballot If no successor is elected, the person previously elected or appointed continues to hold ofllce The Directors may, at any time and from t1me to,appoint a member as a Director to fill a vacancy in the Directors A Director so appointed holds office only until the conclusion of the next following annual general meeting of the Society but is eligible for re-election at the meeting 11 a Director resigns his office or otherwise ceases to hold office, the remaining Directors may appoint a member to take the place of the former Page 30 of 39

31 6 Director, No act or proceeding of the Directors is invalid only by reason o! there being less than the prescribed number of Directors in office The members may by Special Resolution remove a Director before the expiration of his term of office and may elect a successor to complete the term of office No Director shall be remunerated for being or acting as a Director but a Director may be reimbursed for all expenses necessarily and reasonably incurred while engaged in the affairs of the Society BYLAW VII PROCEEDINGS OF DIRECTORS The Directors may meet together at such places as they think fit for the dispatch of business, adjourn and otherwise regulate the meetings and proceedings as they see fit 7 02 A Director may, at any time, and the Secretary, on the request of a Director, shall convene a meeting of the Directors The Directors may from time to time fix the quorum necessary for the transaction of business and unless so f1xed, the quorum shall be a majority of the Directors then in office The Chair shall act as chairperson all of the meetings of the Directors but if at any meeting the Chair is not present within 30 minutes of the time appointed for holding the meeting, the Vice Chair shall act as chairperson, but if neither is present the Directors present may choose one of the their number to aci as chairperson for that meeting 7 Directors may delegate any but not all of their powers to committees consisting of such Directors or members as they think lit A committee so formed in the exercise of the powers so delegated shall conform to any rules that may from time to time be imposed on it by the Directors, and shail report every act and thing done in the exercise of!hose powers to the earliest meeting of the Directors to be held next after it has been done members of a committee may meet and adjourn as think proper 7 Questions ansing at any meeting of the Directors and committee of Directors shall be decided by a majon!y of votes In case of an equality of votes, the cha1rperson of the meeting does not have a second or casting vote. Page 31 of 39

32 No resolution proposed to the meeting of Directors or committee of Directors need be seconded and the chairperson of a meeting may move or propose a resolution A resolution in writing signed by all the Directors and placed with the minutes of!he Directors is as valid and effect1ve as if regularly passed at a meeting of Directors. BYLAW VIII DUTIES OF OFFICERS 8.01 The Chair shall be elected by the Directors at each Annual General Meeting and shall preside at all meetings of the Society and of the Directors The Chair is the Chief Executive Officer of the Society and shall supervise!he other officers in the execution of their duties The Vice Chair shall be elected by the Directors at each Annual General Meeting and shall carry out the duties of the Chair during the Chair's absence The Treasurer shall be elected by lhe Directors at each Annual General Meeting and shalt (a) (b) keep such financial records, Including becks of account as are necessary to comply with the Society Act; and render financial statements to the Directors and members and others when required. 8,05 The Secretary shall be elected by the Directors at each Annual General Meeting and shall (a) conduct correspondence of the Society; keep minutes of all meetings of the <::ncip'hj and Directors; (d) {e) have custody of all records and documents of the Society; have custody of the common seal of the SoCiety, and Page 32 of 39

33 8 (f) maintain the Register of Members In the absence of the Secretary from a meeting, the D~rectors shall appoint another person to act as Secretary at the meeting The offices of the Secretary and Treasurer may be held by one person who shall be known as the Secretary-Treasurer BYLAW IX - ADVISORY BOARDS 9.01 The Directors may: (a) from time to time appoint advisory boards consisting of persons having expertise required by the Society; and (b) refer to the advisory boards, rf any, appointed pursuant to subparagraph (a) of this paragraph for advice and reports on any subject or matter which, in the opinion of the Directors, is appropriate for consideration by an advisory board The members of advisory boards shall serve for such term as the Directors may determine The Directors shall define the terms of reference for and shall appoint a chairperson of each advisory committee. BYLAW X - SEAL The Directors may provide a common seal for the Society and they shall have power from time to time to destroy it and substitute a new seal in place of the seal destroyed The common seal shall be affixed only when authorized resolution of the Directors and then only in the presence of the persons prescribed in the resolution or if no persons are prescribed" in the presence of the Chair or the Secretary ',-~!<f>-,;:njta e:: zr BYLAW XI - BORROWING I\ c Neither the Society nor the Directors" on behalf of and in the name of the Society, shall borrow funds. )!,s::y,5',;,1,.,.-1,~ 1.. ), ~- Page 33 of 39