4. Adoption of Minutes 1. Minutes of the Regular Meeting held April 10, Minutes of the Special Meeting held April 3, 2006

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1 REG REGULAR MEETING OF THE DISTRICT OF TOFINO COUNCIL HELD IN THE COUNCIL CHAMBERS AGENDA: April 24, 7:30 p.m. 1. Call Meeting to Order 2. Additions to or Deletions from the Agenda 3. Adoption of Agenda 4. Adoption of Minutes 1. Minutes of the Regular Meeting held April 10, Minutes of the Special Meeting held April 3, Business Arising from the Minutes 1. Town Hall Meeting (precede by Open House) 6. Announcements from the Mayor 7. Delegations 1. Darcy Dobell and George Patterson, Update on Clayoquot Biosphere Trust 8. Correspondence For Information Only - see attached list 9. Correspondence: Requiring Action 10. Tabled Items 1. First Street Dock - Structural Assessment, Report from Public Works Superintendent, dated October 17, 2005 (Tabling Resolution: # Council Meeting October 24, 2005) 2. Support for West Coast Forest Society Forestry Centre (Tabling Resolution #COW32-06 Committee of the Whole Meeting February 7, 2006) 11. Unfinished Business 12. Reports Staff Reports: 1. Report from Deputy Clerk (1) Council Procedure Amendment Bylaw No. 1019, dated April 13, 2006 (1) Rescind 3 rd of District of Tofino Council Procedure Amendment Bylaw No. 1019, 2006 (2) 3 rd Reading as amended District of Tofino Council Procedure Amendment Bylaw No. 1019, Report from Municipal Planner (Shine On Consulting) (1) Official Community Plan Amendment Regarding Local Area Plans, dated April 19, 2006 (1) 1 st Reading of District of Tofino Official Community Plan Map and Text Amendment Bylaw No. 1024, 1

2 Tofino Council Agenda April 24, (amending Tofino Official Community Plan Bylaw No. 880) [Local Area Plans] (2) 2 nd Reading of District of Tofino Official Community Plan Map and Text Amendment Bylaw No. 1024, 2006 (amending Tofino Official Community Plan Bylaw No. 880) [Local Area Plans] 3. Report from Treasurer (1) ICBC Claim Fire Truck, dated April 20, Reports Committee Reports: 1. Committee Reports (verbal) 2. Minutes of the Special Committee of the Whole Meeting held April 18, Bylaws 1. Adoption of District of Tofino Administration Fees, Terms and Conditions Amendment Bylaw No. 1021, New Business 1. Schedule Special Council Meeting re: 2006 Budget 2. Tourism Meeting - Tuesday, April 25, 2006 (Councillor Gibson) 16. Release of Closed Meeting Information Minute Question Period 18. Additions to or Deletions from the In Camera Agenda Note: If an addition is made, it must be stated what part of Section 90(1) of the Community Charter gives authority for the addition to the In Camera Agenda. 19. Adoption of In Camera Agenda Motion: That the In Camera agenda be adopted as circulated; that the In Camera meeting be closed and that the purpose of the meeting is to: (1) Review labour relations issues respecting the proposed provision of a municipal service based on Section 90(1)(c) of the Community Charter; (2) Review negotiation issues respecting the proposed provision of a municipal service based on Section 90(1)(k) of the Community Charter; and (3) Review disposition of land based on Section 90(1)(e) of the Community Charter. 20. Adjournment 2

3 MINUTES OF A REGULAR MEETING OF THE DISTRICT OF TOFINO COUNCIL HELD IN THE COUNCIL CHAMBERS ON MONDAY, APRIL 10, 2006, AT 7:30 P.M. PRESENT: Mayor J. Fraser, Councillors A. Anderson, P. Ayres, D. Gibson, D. Shaw, O. Strudwick, M. Tilitzky, Leif Pedersen, Administrator, Carole Gagné, Deputy Clerk, Martin Gee, Treasurer, Planning Consultant: Cleo Corbett, Shine On Consulting, Mike White, Maureen Fraser, Brian Moran, Jackie Prescott, Shirley Langer, Public, Press Mayor Fraser called the meeting to order at 7:30 p.m. ADDITIONS TO/DELETIONS FROM THE AGENDA: Cleo Corbett, Shine On Consulting, requested that the following items be added to the agenda: 12(2)(2) Staff Reports: Letter from Jeff Mikus, April 10, 2006 and letter from Richenda Pearse, received April 10, 2006, re: Development Variance Permit Application for Lot B, D.L. 130, Plan 58813, 1160 Pacific Rim Highway (Owner/Applicant: Ron Shaul) The Deputy Clerk advised that with respect to item #13(5), the minutes of the Committee of the Whole Meeting held April 4, 2006 have been completed and the final copy has been circulated to Council and posted on the District website. The Administrator requested that the following item be deleted from the agenda: 12(2)(2) Staff Reports: Vacation Rental and Bed & Breakfast Business License Fees. ADOPTION OF AGENDA: MINUTES: Resolution No Moved by Councillors Anderson/Shaw that the agenda be adopted as amended. Resolution No Moved by Councillors Tilitzky/Anderson that the minutes of the Public Hearing held March 13, 2006, be adopted as circulated. Resolution No Moved by Councillors Shaw/Anderson that the minutes of the Regular Council meeting held March 13, 2006, be adopted as circulated. Resolution No Moved by Councillors Strudwick/Ayres that the minutes of the Special Council meeting held February 21, 2006, be adopted as circulated. Resolution No Moved by Councillors Shaw/Strudwick that the minutes of the Special Council meeting held March 7, 2006, be adopted as circulated. 40

4 District of Tofino Regular Council Meeting held April 10, 2006 Resolution No Moved by Councillors Anderson/Tilitzky that the minutes of the Special Council meeting held March 14, 2006, be adopted as circulated. ANNOUNCEMENTS FROM THE MAYOR: 1. January 2006 Volunteer of the Month Crystal Ironside Mayor Fraser announced that Crystal Ironside has been selected as the February 2006 Volunteer of the Month. Crystal has been a volunteer as a Director with the Emergency Social Services Program; President of the Tofino Bed and Breakfast Association; and Secretary of the Tofino Senior s Housing Committee. Crystal enjoys working with the community and loves to be the go to person in a variety of situations. She is relentless in her pursuit for emergency preparedness in our community. For information on how to get involved with the E.S.S. program please feel free to Crystal at essd@seaviewcable.net or give her a call at Mayor Fraser congratulated Crystal for her enthusiastic contributions to the community. DELEGATIONS: 1. Mike White re: Illegal Drug Use in Community Mr. White stated that he has written a letter to Council regarding his concerns about the drug problem in the community. He noted that he is at the loss at what to do the drug problem is not discussed although drug dealing is being conducted all over town. He suggested that Council lobby our M.P. and M.L.A. to change the laws so that dealers are not just getting a minimum sentence. He advised that he will contact Gillian Trumper who is on the Task Force regarding illegal drug use. He noted that he would like to see more enforcement. Sgt. Jacque Olsen, Tofino RCMP, responded to the comments and questions from Council. Discussion included researching actions taken in other communities that have become proactive with dealing with serious drug problems such as cocaine and heroine use. Sgt. Olsen offered to research educational programs that may be available. She also suggested calling a meeting of the Community Consultative Group to hold a round table discussion on the issue. Mayor Fraser advised that Ms. Trumper is looking for volunteers for the Port Alberni Crystal Meth Community Task Force. Resolution No Moved by Councillors Anderson/Gibson that letters be written to Scott Fraser, M.L.A. and Dr. James Lunney, M.P., advising them of Council s recognition of the serious drug problem in the community and inviting them to the meeting of the Community Consultative Group for a round table discussion. 2. Maureen Fraser and Brian Moran, The Owners Strata Plan VIS 4851, South Chesterman Strata Corp. - Official Community Plan Amendment and Zoning Text Amendment Application for Legal: Strata Lots 1-39, District Lot 274, Clayoquot District, Strata Plan VIS4851 [Owner/Applicant: Bayview Management Group (Brian Moran)] Maureen Fraser thanked Council for the opportunity to meet with them. She introduced Brian Moran, Property Manager for The Owners Strata Plan VIS 4851, and Jackie Prescott, Strata Council member. Ms. Fraser thanked Cleo Corbett for her work on the application and advised that the Strata Council will meet to discuss her report, including the amount for amenities. Ms. Fraser 41

5 District of Tofino Regular Council Meeting held April 10, 2006 stated that written comments will be provided following their Strata Council meeting. She advised that if the application is approved, amenities may total over $400,000 which could go a long way towards providing housing for the community. She encouraged Council to considering first reading of the bylaws. She spoke to the issue of a perceived conflict regarding tourism and the residential neighbourhood and spoke to the issue of the need for on-site management. Ms. Fraser, Brian Moran and Jackie Prescott answered questions from Council. Mayor Fraser thanked the delegates. 3. Shirley Langer, OCP Implementation & Monitoring Committee, re: Official Community Plan Amendment and Zoning Text Amendment Application for Legal: Strata Lots 1-39, District Lot 274, Clayoquot District, Strata Plan VIS4851 [Owner/Applicant: Bayview Management Group (Brian Moran)/South Chesterman Strata Corp.] Shirley Langer introduced herself as the Chairperson of the OCP Implementation & Monitoring Committee and advised that the Committee reviewed the application and report from Shine On Consulting. She quoted from the vision statement of the OCPI&M Committee and spoke to the challenge to the community respecting the review of applications and the evaluation of the degree of quality of life affected by OCP amendment applications. Mayor Fraser thanked Mrs. Langer for her presentation. CORRESPONDENCE FOR INFORMATION ONLY: Resolution No Moved by Councillors Anderson/Shaw that Council receive and note contents of the Correspondence Listed for Information Only. CORRESPONDENCE REQUIRING ACTION: 1. Board of Directors of Long Beach Golf Course re: Request Letter of Support for Lease Renewal, March 9, 2006 Resolution No Moved by Councillors Shaw/Gibson that a letter be written to the Alberni- Clayoquot Regional District Board of Directors in support of the Long Beach Golf Course lease renewal negotiations. 2. Joyce Jones, Chairperson, Seniors Advocacy Steering Committee, re: Endorse Concept of Regional Seniors Advocacy Offices, March 13, 2006 Resolution No Moved by Councillors Ayres/Shaw that the letter from Joyce Jones, Chairperson, Seniors Advocacy Steering Committee, requesting endorsement of the concept of Regional Seniors Advocacy Offices, dated March 13, 2006, be received for information. 42

6 District of Tofino Regular Council Meeting held April 10, Dr. Andreas Conradi re: Encroachment Agreement 311 Neill St., March 29, 2006 Staff answered questions from Council regarding encroachment agreements in the District. Council discussed the request to waive the annual $50 encroachment fee. Resolution No Moved by Councillors Anderson/Shaw that the letter dated March 29, 2006, from Dr. Andreas Conradi regarding the Encroachment Agreement for 311 Neill St., be received for information. Resolution No Moved by Councillors Anderson/Shaw that the Dr. Andreas Conradi be advised of Council s decision not to waive the annual $50 Encroachment Agreement fee regarding 311 Neill St. 4. Jack Greig, Lions Gate Fisheries Ltd., re: Sewer Rates, March 17, 2006 Resolution No Moved by Councillors Anderson/Shaw that the letter from Jack Greig, Lions Gate Fisheries Ltd., regarding sewer rates, dated March 17, 2006, be received for information. Resolution No Moved by Councillors Gibson/Anderson that the letter from Jack Greig, Lions Gate Fisheries Ltd., regarding sewer rates, dated March 17, 2006, be referred to the Committee of the Whole. 5. Bryan Tasaka, Mind Over Mountain Event Co. Ltd., re: Edge to Edge Marathon, April 5, 2006 Resolution No Moved by Councillors Anderson/Gibson that Council provide support for the 7 th Annual Edge to Edge Marathon to be held June 11, 2006 as requested in the letter dated April 5, Mayor Fraser provided information regarding the conditions to have the marathon deemed as a Boston Marathon qualifier. TABLED ITEMS: 1. First Street Dock - Structural Assessment, Report from Public Works Superintendent, dated October 17, 2005 (Tabling Resolution # Council Meeting October 24, 2005) The item remained tabled. 2. Support for West Coast Forest Society Forestry Centre (Tabling Resolution #COW32-06 Committee of the Whole Meeting February 7, 2006) Item remained tabled. 43

7 District of Tofino Regular Council Meeting held April 10, 2006 REPORTS: Staff Reports: 1. Report from Administrator (1) PEP Training and Travel Support, dated March 21, 2006 Resolution No Moved by Councillors Shaw/Anderson that the District of Tofino forward to Provincial Emergency Preparedness a letter of support for the provision of additional availability of training and travel support for Small Communities. Councillor Anderson asked that a copy of the request be forward to the Union of B.C. Municipalities for other communities to make similar resolutions. (2) Deleted 2. Reports from Municipal Planner (Shine On Consulting) (1) Official Community Plan Amendment and Zoning Text Amendment Application for Legal: Strata Lots 1-39, District Lot 274, Clayoquot District, Strata Plan VIS4851 [Owner/Applicant: Bayview Management Group (Brian Moran)], dated April 6, 2006 Council discussed the Official Community Plan Amendment and Zoning Text Amendment Application and expressed their concerns and opinions. Council discussed the public review process and the need to hear back from the applicant on the report from Shine On Consulting. Cleo Corbett answered questions on density bonusing and amenities for the application. Resolution No Moved by Councillors Ayres/Gibson THAT: Council consider 1 st and 2nd reading of Official Community Plan Amendment Bylaw No. 1022, 2006, which would amend Bylaw No. 880, 2001 as follows: 1. Change in Official Community Plan Land Use Designation from Chesterman Beach Neighbourhood to Tourism Focus and make the appropriate text amendments; and 2. As per Resolution No delete references to within the Village Containment Boundary in policies 1, 3, and 4 in Section 4.2 Development Amenities. AND THAT: Council consider 1 st and 2nd reading of Zoning Text Amendment Bylaw No. 1023, which would amend RM2 (Medium Multiple Family Residential District) to allow nightly rental on Strata Lots 1-39, District Lot 274, Clayoquot District, Strata Plan VIS4851. (2) Development Variance Permit Application for Lot B, D.L. 130, Plan 58813, 1160 Pacific Rim Highway (Owner/Applicant: Ron Shaul), dated April 6, Letter from Christy Lindell, April 4, Letter from Veronica Pedesen, received April 7, Letter from Jeff Mikus, April 10, Letter from Richenda Pearse, received April 10, 2006 Ron Shaul advised that he sent an in response to the report from Shine On Consulting. He advised of additional comments in relation to fire prevention and protection. Mr. Shaul answered questions from Council. 44

8 District of Tofino Regular Council Meeting held April 10, 2006 Resolution No Moved by Councillors Shaw/Strudwick THAT: A Development Variance Permit be issued for Lot B, D.L. 130, CD, Plan (1160 Pacific Rim Highway) in accordance with the attached proposed building plans printed August 29, 2005, to vary the provisions of Section 18.4 (Maximum Building Height) of Zoning Bylaw No. 770 as follows: 1. To increase the maximum height from 10.4 metres (34 feet) to 11.9 metres (39 feet); AND THAT: If the application proceeds, Council require the applicant to provide a legal site survey to verify balcony railing height; AND FURTHER THAT: The Clerk/Administrator duly executes the Permit. DEFEATED 3. Report from Director of Parks and Recreation (1) Establishment of a New Position Parks and Recreation Assistant, dated March 29, 2006 The Treasurer and the Administrator explained the changes proposed for the relief worker for the Parks and Recreation Dept. as well as budgetary considerations with respect to a contract employee versus a District of Tofino employee. Resolution No Moved by Councillors Shaw/Strudwick that Council authorize a new position, Parks and Recreation Assistant, within the CUPE Local 118 bargaining unit, as attached to the report from the Parks and Recreation Director dated March 29, Report from Deputy Clerk (1) Assistant Planner Job Description, Report dated March 16, 2006 Resolution No Moved by Councillors Tilitzky/Strudwick that Council receive the report from the Deputy Clerk dated March 16, 2006, and give formal approval to the Assistant Planner Job Description as attached to the report. 5. Report from Treasurer (1) Councillor Annual Compensation Policy, dated April 4, 2006 The Treasurer provided an explanation on the proposed policy. Resolution No Moved by Councillors Shaw/Tilitzky that Council approve the Indexed Council Indemnities Policy for implementation in Resolution No Moved by Councillors Shaw/Tilitzky that the meeting proceed past the hour of 10:00 p.m. COMMITTEE REPORTS: 1. Committee Reports (verbal) Councillor Strudwick reported on the AVICC Convention that he attended April 7 9, He noted that the resolution put forward by the District of Tofino to request that the province be lobbied regarding the property tax transfer was passed. 45

9 District of Tofino Regular Council Meeting held April 10, 2006 Councillor Anderson reported on the sustainability conference he attended and advised of his contributions. 2. Meeting Notes of the Emergency Planning Committee Meeting held March 20, 2006 Resolution No Moved by Councillors Strudwick/Tilitzky that the Meeting Notes of the Emergency Planning Committee Meeting held March 20, 2006, be received. 3. Meeting Notes of the Emergency Program Executive Meeting held March 20, 2006 Resolution No Moved by Councillors Anderson/Strudwick that the Meeting Notes of the Emergency Program Executive Meeting held March 20, 2006, be received. 4. Meeting Notes of the District of Tofino OCP Implementation and Monitoring Committee Meeting #2 held March 21 & 28, 2006 Resolution No Moved by Councillors Shaw/Anderson that the Meeting Notes of the District of Tofino OCP Implementation and Monitoring Committee Meeting #2 held March 21 & 28, 2006, be received. 5. Minutes of the Committee of the Whole Meeting held April 4, 2006 Community Hall Rental Fees Resolution No Moved by Councillors Anderson/Tilitzky that Council adopt the fee structure for rental of the Tofino Community Hall, effective May 1, 2006, as per the report from the Director of Parks and Recreation, dated February 21, Move for Health Day - Local Government Challenge Resolution No Moved by Councillors Anderson/Strudwick THAT staff be directed to register the District of Tofino for the Move for Health Day Challenge on May 10, 2006; THAT staff be directed to plan a noon hour walk for District of Tofino employees and interested community members; AND THAT Council select a representative to lead the walk. Mayor Fraser advised that he has volunteered to lead the noon hour walk on May 10, Move for Health Day Challenge Special Event Permit Application, S.W.E.A.T. Fun Run at Chesterman Beach Resolution No Moved by Councillors Anderson/Tilitzky that Council authorize S.W.E.A.T. to hold a Fun Run at Chesterman Beach on April 30, 2006, beginning at 8:00 a.m., subject to conditions of the permit being met. 46

10 District of Tofino Regular Council Meeting held April 10, 2006 Council Procedure Amendment Bylaw No Resolution No Moved by Councillors Anderson/Gibson that the draft District of Tofino Council Procedure Amendment Bylaw No. 1019, 2006 be introduced and forwarded to the regular Council meeting of April 10, 2006 for three readings and subsequent adoption following the public notice requirements of the Community Charter. Water Main Construction Stump Dump Resolution No Moved by Councillors Anderson/Strudwick that Council approve negotiating an extension to the Water Supply Main Contract with Fournier Excavating to construct the twinned water main from the Stump Dump entrance 200 meters in length to the new Stump Dump reservoir. Information Centre Parking Lot Resolution No Moved by Councillors Anderson/Shaw THAT the following recommendations put forward by the ad hoc committee regarding the Information Centre parking lot be approved: Boulders to be placed on the multi-use path to prevent vehicles from driving on the MUP; Boulders to be placed on either side of the Travel Info Centre building to prevent cars from accessing the back parking lot; Install bear proof garbage containers on the site; Remove existing signage pertaining to block parents, camping, etc.; Erect a sign Absolutely No Camping ; Erect a sign No parking between 10:00 p.m. and 6:00 a.m. ; Instruct the Bylaw Enforcement Officers to inspect the lot nightly after closing of the Information Centre to warn, ticket and tow offending vehicles. Town Hall Meetings Resolution No Moved by Councillors Anderson/Tilitzky that a Town Hall Meeting be scheduled for May 29 th from 7 p.m. to 10 p.m. Tourism Master Plan Resolution No Moved by Councillors Anderson/Shaw that Council support an application and move forward with a Tourism Master Plan. Resolution No Moved by Councillors Anderson/Strudwick that the minutes of the Committee of the Whole Meeting held March 7, 2006, be adopted as amended. 47

11 District of Tofino Regular Council Meeting held April 10, 2006 BYLAWS: 1. 1 st Reading of District of Tofino Council Procedure Amendment Bylaw No. 1019, 2006 Resolution No Moved by Councillors Shaw/Tilitzky that District of Tofino Council Procedure Amendment Bylaw No. 1019, 2006 be read a first time nd Reading of District of Tofino Council Procedure Amendment Bylaw No. 1019, 2006 Resolution No Moved by Councillors Anderson/Strudwick that District of Tofino Council Procedure Amendment Bylaw No. 1019, 2006 be read a second time rd Reading of District of Tofino Council Procedure Amendment Bylaw No. 1019, 2006 Resolution No Moved by Councillors Gibson/Ayres that District of Tofino Council Procedure Amendment Bylaw No. 1019, 2006 be read a third time st Reading of District of Tofino Administration Fees, Terms and Conditions Amendment Bylaw No. 1021, 2006 Resolution No Moved by Councillors Anderson/Shaw that District of Tofino Administration Fees, Terms and Conditions Amendment Bylaw No. 1021, 2006, be read a first time nd Reading of District of Tofino Administration Fees, Terms and Conditions Amendment Bylaw No. 1021, 2006 Resolution No Moved by Councillors Tilitzky/Anderson that District of Tofino Administration Fees, Terms and Conditions Amendment Bylaw No. 1021, 2006, be read a second time rd Reading of District of Tofino Administration Fees, Terms and Conditions Amendment Bylaw No. 1021, 2006 Resolution No Moved by Councillors Anderson/Gibson that District of Tofino Administration Fees, Terms and Conditions Amendment Bylaw No. 1021, 2006, be read a third time st Reading of District of Tofino Official Community Plan Map Amendment Bylaw No. 1022, 2006 (amending Tofino Official Community Plan Bylaw No. 880) [Bayview Management Group (Brian Moran)/South Chesterman Strata Corp.] Resolution No Moved by Councillors Gibson/Anderson that District of Tofino District of Tofino Official Community Plan Map Amendment Bylaw No. 1022, 2006 (amending Tofino Official Community Plan Bylaw No. 880) [Bayview Management Group (Brian Moran)/South Chesterman Strata Corp.] be read a first time. 48

12 District of Tofino Regular Council Meeting held April 10, st Reading of District of Tofino Zoning Map Amendment Bylaw No. 1023, 2005 (amending Tofino Zoning Bylaw No. 770) [Bayview Management Group (Brian Moran)/South Chesterman Strata Corp.] Councillor Tilitzky stated his opinion for the necessity for an on-site manager for a resort complex. Resolution No Moved by Councillors Gibson/Ayres that District of Tofino Zoning Map Amendment Bylaw No. 1023, 2005 (amending Tofino Zoning Bylaw No. 770) [Bayview Management Group (Brian Moran)/South Chesterman Strata Corp.] be read a first time. ADDITIONS TO OR DELETIONS FROM THE IN CAMERA AGENDA: Councillor Shaw requested that the following item be added to the agenda: 8(1) New Business: Law Enforcement based on Section 90(1)(f) of the Community Charter. Councillor Anderson requested that the following item be added to the agenda: 8(2) New Business: Personnel issues based on Section 90(1)(a) of the Community Charter. 15 MINUTE QUESTION PERIOD: Shirley Langer asked if Council has an appetite to restrict the parking of very large vehicles around the District s parks whereby the view would be unrestricted for occupants of smaller vehicles. Councillor Gibson advised that a Parking Committee meeting is scheduled for Tuesday, April 11, 2006 at 10:00 a.m. and this matter may be discussed at the meeting. Maureen Fraser advised that she would like to see a discussion with the Chesterman Beach neighbourhood regarding the rezoning of the South Chesterman Town Homes and expressed surprise with the Bylaw Enforcement Officer s comments regarding Business License applications for vacation rental businesses. Brian Moran advised that owners of the South Chesterman Town Homes have collectively obtained legal advice. Jen Dart asked for clarification on comments from Council regarding the continued illegal vacation rental use of the South Chesterman Town Homes. The Administrator responded. ADOPTION OF IN CAMERA AGENDA: Resolution No Moved by Councillors Strudwick/Tilitzky that the In Camera agenda be adopted as circulated; that the In Camera meeting be closed and that the purpose of the meeting is to: (1) Adopt the minutes from previous closed meeting held March13, 2006, based on Sections 89 and 90(1) of the Community Charter; (2) Review negotiation issues respecting the proposed provision of a municipal service based on Section 90(1)(k) of the Community Charter; (3) Review information received and held in confidence relating to negotiations with the provincial government based on Section 90(2)(b) of the Community Charter; (4) Review law enforcement issues respecting the proposed provision of a municipal service based on Section 90(1)(f) of the Community Charter; and 49

13 District of Tofino Regular Council Meeting held April 10, 2006 (5) Review personnel issues based on Section 90(1)(a) of the Community Charter. The Mayor called a recess at 10:24 p.m. The meeting reconvened to an In Camera meeting at 10:36 p.m. Mayor Fraser declared that the meeting be adjourned at 11:34 p.m. CERTIFIED CORRECT: Mayor John Fraser Leif Pedersen, Administrator 50

14 MINUTES OF A SPECIAL MEETING OF THE DISTRICT OF TOFINO COUNCIL HELD IN THE COUNCIL CHAMBERS ON MONDAY, APRIL 3, 2006, AT 1:00 P.M. PRESENT: Mayor J. Fraser, Councillors A. Anderson, P. Ayres, D. Gibson, D. Shaw, O. Strudwick, M. Tilitzky, Leif Pedersen, Administrator, Martin Gee, Treasurer, Gary Holte, Public Works Superintendent, Sally Mole, Director of Parks and Recreation, Shine On Consulting (Cleo Corbett, Planning Consultant) Mayor Fraser called the meeting to order at 1:05 p.m. UNFINISHED BUSINESS: Budget Mayor Fraser introduced the purpose of the meeting to continue the discussion of the 2006 proposed budget. Mr. Gee presented the Bylaw Enforcement Department s budget. Council reviewed the need for a smart car and the need to look into a more economical alternative that can be utilized. Discussion included reduction of the time spent in vehicles and an increase in public contact. Council requested more detailed monthly Bylaw Enforcement reports and discussed the decline in building inspection revenues and prospects for the future. The one year reduction in subdivision approvals has resulted in a year with less construction. No major resort applications were received in Resolution No Moved by Councillors Ayres/Tilitzky that the meeting be reconvened to an In Camera meeting at 2:30 p.m.; that the In Camera meeting be closed and that the purpose of the meeting is to: (1) Review legal issues based on Section 90(1)(g) of the Community Charter. Discussion of revenue generation from fees for services (permits, applications etc.) took place. Community Hall project is budgeted on contingency of the grant application being approved; the situation being similar for trails. If grants are not approved, the project will not proceed, and a surplus will be generated. Consideration is to be given to green grants for transportation and parks. Centennial Park There is no point to re-surfacing the park pending equipment replacement. The Bert Demeria Park should be delayed until the area has been more fully developed. North Chesterman parking lot the developer should be contacted to determine if they are amenable to proceeding with the additional funding for the street and parking project. Priority would be number one for a backhoe and pavement repairs. Pavement repairs could be reduced to $50,000. The District can do without most other projects if they are not essential. Building painting project should be split into two distinct projects. 38

15 District of Tofino Special Council Meeting held April 3, 2006 Council reviewed individual line items. Council requested that staff prioritize projects and changes and highlight areas for cutting. Mayor Fraser adjourned the meeting at 4:40 p.m. CERTIFIED CORRECT: Mayor John Fraser Leif Pedersen, Administrator 39

16 CORRES LIST CORRESPONDENCE PREVIOUSLY DISTRIBUTED April 24, 2006 TO COUNCIL FOR INFORMATION ONLY Item From Subject Date File No. Response Requested 1. Opposition Critic for Municipal Minister Rich Coleman April 7, No Affairs 2. Vancouver Island Regional Library Library Board News Brief April 11, No 3. Wickaninnish Community School Cleanup April 3, ISSUES Yes 4. City of Burnaby Riparian Areas March 29, No Regulation 5. Clayoquot Biosphere Trust Funding Call April 7, No 6. Koers & Associates Eng Ltd Water Supply March 31, No Information 7. Special Olympics BC Special Olympics Day March 31, No 8. Firm Management Corporation 591 Pfeiffer Crescent April 6, 2006 Folio Yes Parallel Pacific Rim Hospice Society Funding Request April 11, Yes 10. Federation of Canadian Mun Community Energy April 11, MISC No Planning Mission 11. Vancouver Island Regional Board Meeting News April 11, No Library Brief 12. Federation of Canadian Municipalities Members Advisory Advocacy Kit April 7, FCM No G:\Admin. Assistant\Council\Corres for Info\2006\Corres for Info doc

17 CORRES LIST 13. Union of BC Municipalities 2006 West Nile Risk April 12, UBCM No Reduction Funding 14. Associationn of Vancouver 2006 Resolution April 12, AVICC No Island Coastal Communities Disposition 15. City of Salmon Arm Mayors for Peace April 18, No 16. Norma Dryden South Chesterman April 18, Yes Properties Rezoning To Bear Aware Tofino Chapter Budget Request April 7, No 18. Tofino Syncho Society Support for Synchro April 21, No 19. Dan Laud MUP Danger April 21, MUP Yes G:\Admin. Assistant\Council\Corres for Info\2006\Corres for Info doc

18 The Corporation of the District of Tofino REPORT TO COUNCIL Council Agenda Item April 24, 2006 April 13, 2006 File: DClerk AUTHOR: Carole Gagné, Deputy Clerk SUBJECT: Council Procedure Amendment Bylaw No RECOMMENDATION THAT third reading of District of Tofino Council Procedure Bylaw No. 1019, 2006 be rescinded; and THAT District of Tofino Council Procedure Bylaw No. 1019, 2006 be read a third time as amended. CLERK-ADMINISTRATOR S COMMENTS I support the recommendation. BACKGROUND Following the Council meeting of April 10, 2006 and further to my report to the Committee of the Whole dated March 10, 2006, an additional required amendment has come to light with respect to adjourning of the In Camera section of a meeting: Section (20) Order of Business at Close Meetings (i) Adjournment be deleted and replaced with the following: (i) Return to regular Council meeting. Please feel free to direct any questions or comments to the undersigned. Respectfully submitted, Carole Gagné Deputy Clerk G:\Carole\Reports to Council\RTC - Deputy Clerk\RTC - Dep Clerk 12006\RTC Coun Proc Amdmt Bylaw 1019.doc

19 DISTRICT OF TOFINO COUNCIL PROCEDURE AMENDMENT BYLAW BYLAW NO. 1019, 2006 A Bylaw to Amend the District of Tofino Council Procedure Bylaw No. 965, 2004 WHEREAS the Council of the District of Tofino deems it necessary and expedient to amend the District of Tofino Council Procedure Bylaw No. 965, 2004 ; NOW THEREFORE the Council of the District of Tofino, in the Province of British Columbia, in an open meeting assembled Hereby Enacts as Follows: 1. This bylaw may be known and cited for all purposes as the District of Tofino Council Procedure Amendment Bylaw No. 1019, Section 1 Regular Meetings DELETE Council s regular meetings are held in the Council Chamber at 121 Third Street, Tofino, British Columbia, at 7:30 p.m. on the second and fourth Monday in each month, unless Council by resolution directs otherwise. ADD Council s regular meetings are held in the Council Chamber at 380 Campbell Street, Tofino, British Columbia, at 7:30 p.m. on the second and fourth Monday in each month, unless Council by resolution directs otherwise. 3. Section 9 Public Access to Meetings DELETE e) Despite section 9(a), the Mayor, or the Councillor designated as the member responsible for acting in the place of the Mayor under section 6 may expel or exclude from a Council meeting a person in accordance with section 24(c). ADD e) Despite section 9(a), the Mayor, or the Councillor designated as the member responsible for acting in the place of the Mayor under section 6, may expel or exclude from a Council meeting a person in accordance with section 34(c). 4. Section 19 Order of Business at Regular Meetings Change order of business so that Fifteen Minute Question Period follows Release of Closed Meeting Information and re-alphabetize accordingly. 5. Section 20 Order of Business at Closed Meetings DELETE (i) Adjournment ADD (i) Return to regular Council meeting 6. Section 22 Bylaws DELETE (e) Every bylaw which has been given third reading may be considered for adoption not less than one clear day after it has received third reading upon the motion That the bylaw entitled (short title) be adopted

20 Procedure Bylaw No Page 2 provided; however, that if a bylaw must be approved pursuant to the Community Charter or any other Act, it shall not be adopted until such approval has been obtained. ADD (e) Every bylaw, except for Zoning and Official Community Plan bylaws, which has been given third reading may be considered for adoption not less than one clear day after it has received third reading upon the motion That the bylaw entitled (short title) be adopted provided, however, that if a bylaw must be approved pursuant to the Community Charter or any other Act, it shall not be adopted until such approval has been obtained. 7. Section 22 Bylaws DELETE (f) Once adopted, a bylaw must be signed by the Mayor or other presiding member at the Council meeting at which it was adopted and be signed by the Corporate Officer and shall be kept safe at the Municipal Hall. ADD (f) Upon adoption a bylaw must be signed by the Mayor, or presiding member of the Council meeting at which it was adopted, and the Corporate Officer shall kept the minutes safe at the Municipal Hall. 8. Section 23 Question Period DELETE (d) The Mayor or a member of Council may answer the questions ADD (d) The Mayor, a member of Council or a staff member may answer the questions. 9. Section 24 Written Motions DELETE Motions, other than routine motions (including motions to adopt a report, to receive and file, to refer to a Committee or an Official, to introduce or pass a bylaw or adjourn) and any amendments to motions, shall be put in writing and seconded before being debated or put from the chair. ADD Motions, other than routine motions (including motions to adopt a report, to receive and file, to refer to a Committee or an Official, to introduce or pass a bylaw or adjourn) and any amendments to motions, shall be put in writing and seconded before being debated or put from the chair. A motion is not required in order to hold discussion on a matter on the agenda. 10. Section 32 Conduct of Speaker ADD (d) No person shall make personal attacks against members of Council or others. Such attacks, including allegations of conflicts of interest, will not be tolerated.

21 Procedure Bylaw No Page Section 48 Minutes of the Meetings DELETE a) Minutes of the Committee of the Whole meeting must be: ADD (iii) open for public inspection at the Municipal Hall during its regular office hours (unless exempted from disclosure pursuant to the Freedom of Information and Protection of Privacy Act). a) Minutes of the Committee of the Whole meeting must be: (iii) open for public inspection at the Municipal Hall during its regular office hours following adoption by Council (unless exempted from disclosure pursuant to the Freedom of Information and Protection of Privacy Act). 12. Section 61 Applies to Other Bodies DELETE Sections 9 [public access to meetings], 63 [notice of committee meetings], and 66 [minutes of committee meetings], of these rules of procedure apply to meetings of the following bodies, including, without limitation: ADD Sections 9 [public access to meetings], 62 [notice of committee meetings], and 66 [minutes of committee meetings], of these rules of procedure apply to meetings of the following bodies, including, without limitation: NOTICE GIVEN in The Westerly News on the 22 nd and 29 th day of March, 2006 READ A FIRST TIME this 10 th day of April, 2006 READ A SECOND TIME this 10 th day of April, 2006 READ A THIRD TIME this 10 th day of April, 2006 RECONSIDERED AND ADOPTED this John Fraser, Mayor Leif Pedersen, Clerk-Administrator Certified a true and correct copy of District of Tofino Council Procedure Amendment Bylaw No. 1019, 2006 as adopted by Council this Leif Pedersen, Clerk-Administrator

22 The Corporation of the District of Tofino REPORT TO COUNCIL Regular Council Meeting Agenda Item April 24, 2006 April 19, 2006 AUTHORS: Cleopatra Mary Corbett and Rochelle Marie Lewis Shine On Consulting SUBJECT: Official Community Plan Amendment Regarding Local Area Plans RECOMMENDATION THAT: Council considers 1 st and 2 nd reading of Bylaw No. 1024, which proposes to amend the Official Community Plan as follows: 1. Add Schedule 10: Local Area Plan Map to the Official Community Plan; 2. Include large undeveloped areas not previously identified in Local Area Plan policies; and 3. Amend and update the Density Bonusing section of Local Area Plan policies. CLERK/ADMINISTRATORS COMMENTS I support the recommendation. PURPOSE To clarify the Local Area Plan (LAP) designation in the Official Community Plan (OCP) and associated requirements. DISCUSSION The OCP is vague with respect to the actual areas designated as Local Area Plans. The OCP refers to legal descriptions such as various District Lots and it is difficult to determine whether or not developments fall within the LAP designation. Shine On Consulting proposes a LAP Map as Schedule 10 to the OCP. Any associated LAP sections in the OCP would be amended to include references to the new Map, while the legal descriptions would be deleted due to redundancy. The result would be a more functional OCP, which is easier for applicants to understand. 1

23 Shine On Consulting proposes to update the Density Bonusing section of the LAP policies to concur with Council Resolution No Respectfully submitted, Cleo Corbett and Rochelle Lewis Shine On Consulting APPENDIX 1 LAP Map 2

24 Appendix 1 Local Area Plan Map 3

25 DISTRICT OF TOFINO BYLAW NO. 1024, 2006 OFFICIAL COMMUNITY PLAN MAP AND TEXT AMENDMENT BYLAW NO WHEREAS the Council deem it necessary and expedient to amend the District of Tofino Official Community Plan Bylaw No. 880, NOW THEREFORE the Council of the District of Tofino, in the Province of British Columbia, in an open meeting assembled Hereby Enacts as Follows: 1. The District of Tofino Official Community Plan Bylaw No. 880, 2001 is hereby amended as follows: i. ADD Figure 10: Local Area Plan Designations as shown in Schedule A ; ii. REPLACE policy 1 in Section : Local Area Plan Policies with the following; Local Area Plans shall identify conceptual land use, services and transportation development for areas identified in Figure 10. iii. REPLACE policy 7 in Section : Local Area Plan Policies with the following; All areas identified in Figure 10 shall incorporate density bonusing in exchange for desired community amenities as identified in Section 4.2 of this plan and the Amenity Reserve Fund Bylaw 1007, iv. REPLACE policy 8 in Section : Local Area Plan Policies with the following; All areas identified in Figure 10 shall require inter-agency discussion and consultation. v. REPLACE in policy 9 in Section : Local Area Plan Policies any reference to Figure 4 with the following; Figure 4 and Figure 10. vi. By making such consequential changes to Bylaw No. 880 including, but without limitation, the Table of Contents are reflected to include the addition of Figure This bylaw may be cited for all purposes as District of Tofino Official Community Plan Map and Text Amendment Bylaw No. 1024, 2006 (amending Tofino Official Community Plan Bylaw No. 880). READ a first time this day of, 2006 READ a second time this day of, 2006 PUBLIC HEARING held this day of,

26 District of Tofino Official Community Plan Map and Text Amendment Bylaw No. 1024, 2006 READ a third time this day of, 2006 ADOPTED by Council this day of, 2006 John Fraser, Mayor Leif Pedersen, Administrator I hereby certify the foregoing to be a true and certified copy of Bylaw No. 1024, 2006 cited as the District of Tofino Official Community Plan Map Amendment Bylaw No. 1024, 2006 (amending Tofino Official Community Plan Bylaw No. 880), as adopted by Council this day of, Leif Pedersen, Administrator [Local Area Plan Designation Map] 2

27 District of Tofino Official Community Plan Map and Text Amendment Bylaw No. 1024, 2006 Schedule A This schedule is attached to and forms part of District of Tofino Official Community Plan Map and Text amendment Bylaw No. 1024, 2006 (Local Area Plan Designation Map) Figure 10: Local Area Plan Designations Local Area Plan Designations 3

28 The Corporation of the District of Tofino REPORT TO COUNCIL AUTHOR: Martin Gee, CGA Treasurer Council April 24, 2006 April 20, 2006 File: SUBJECT: ICBC Claim Fire Truck RECOMMENDATION THAT COUNCIL receive for information BACKGROUND At the end of the weekly Tofino Volunteer Fire Department practice on March 28, 2006, the new pumper/ladder truck was driven to the Co-op gas bar to refuel. While the driver was turning into the pumps, the overhead ladder struck the gas station overhang. The truck received considerable damage in bending and torque to the first element of the extendible ladder. The building was not damaged and there were no injuries. There was no evidence of other damage to the truck chassis or body. While the extent of the damage was being investigated, the unit was still considered in service as a pumper unit only. The District has been working with ICBC to determine the best way and best location to effect repairs. It has been decided that the most qualified service provider is the manufacturer, Freightliner/Canada LaFrance in Vancouver. The truck has been moved to Vancouver as of Friday April 21. The old pumper will be put back into service while the damaged vehicle is being assessed and the necessary work is being completed at Freightliner/LaFrance. Depending on the result of the assessment, the ladder unit will be repaired or replaced. Replacement parts could take as long as 6 weeks for delivery and then the installation time must be added to that. No estimate has been made of the time required if the existing ladder can be repaired rather than replaced, but it is expected that the cost and out of service time would be far less. ICBC is aware that the repaired unit must be certifiable for Municipal Fire Service. ICBC also understands that there can be no question of exposing our volunteers to any risk in order to save costs on the repairs. 1

29 ORIGINAL SIGNED BY AUTHOR Author: Martin Gee, CGA Treasurer 2

30 MINUTES OF THE DISTRICT OF TOFINO SPECIAL COMMITTEE OF THE WHOLE MEETING HELD IN THE COUNCIL CHAMBERS ON TUESDAY, APRIL 18, 2006 AT 4:00 P.M. PRESENT: Chairperson A. Anderson, Councillors P. Ayres, D. Gibson, M. Tilitzky, Mayor J. Fraser, Leif Pedersen, Administrator, Carole Gagné, Deputy Clerk, Martin Gee, Treasurer, Gary Holte, Public Works Superintendent, Press ABSENT: Councillors D. Shaw and O. Strudwick Chairperson Anderson called the meeting to order at 4:01 p.m. REPORTS: Staff Report: 1. Report from the Public Works Superintendent (1) Liquid Waste Management Plan Revision, dated March 17, 2006 The Committee discussed the draft operational certificate to be sent to the provincial government. The Public Works Superintendent answered questions from the Committee. The Committee discussed changes they wished to see made to the District of Tofino Stage 3 LWMP Implementation Plan Report. Resolution No. CW Moved by Councillors Ayres/Tilitzky that the Committee recommend to Council THAT Council accept bullet #1 from the recommendations outlined in the District of Tofino Stage 3 Liquid Waste Management Plan (LWMP) Implementation Plan Report dated March, It was agreed by the Committee that staff re-word bullet #2 to reflect the Committee s request that D.L. 117 be identified on an on-going basis as a future site for the LWMP plant. Resolution No. CW Moved by Councillor Ayres/Mayor Fraser that the Committee recommend to Council THAT bullet #3 from the recommendations outlined in the District of Tofino Stage 3 Liquid Waste Management Plan (LWMP) Implementation Plan Report dated March, 2006, be amended to read That the District has completed an Environmental Impact Study of the proposed treatment plant site and utility access corridor in order to identify the necessary mitigation actions. Resolution No. CW Moved by Councillors Ayres/Gibson that the Committee recommend to Council THAT Council accept bullet #4 from the recommendations outlined in the District of Tofino Stage 3 Liquid Waste Management Plan (LWMP) Implementation Plan Report dated March,

31 District of Tofino Special Committee of the Whole Meeting held April 18, 2006 Resolution No. CW Moved by Mayor Fraser/Councillor Ayres that the Committee recommend to Council THAT bullet #5 from the recommendations outlined in the District of Tofino Stage 3 Liquid Waste Management Plan (LWMP) Implementation Plan Report dated March, 2006 be amended by changing the work finalize to continue. Resolution No. CW Moved by Mayor Fraser/Councillor Ayres that the Committee recommend to Council THAT bullet #6 from the recommendations outlined in the District of Tofino Stage 3 Liquid Waste Management Plan (LWMP) Implementation Plan Report dated March, 2006, be amended to read as follows That at the time the District is ready to proceed with the construction of a wastewater treatment plant, the District conduct a predesign study for the new secondary wastewater treatment plant and the new components of the wastewater conveyance system so that better plant flow and cost estimates can be developed for use in the grant application and project implementation processes. Resolution No. CW Moved by Mayor Fraser/Councillor Ayres that the Committee recommend to Council THAT Council accept bullet #7 from the recommendations outlined in the District of Tofino Stage 3 Liquid Waste Management Plan (LWMP) Implementation Plan Report dated March, Resolution No. CW Moved by Councillor Gibson/Mayor Fraser that the Committee recommend to Council THAT Council accept bullet #8 from the recommendations outlined in the District of Tofino Stage 3 Liquid Waste Management Plan (LWMP) Implementation Plan Report dated March, Staff explained the Ministry s requirements and recommendations with respect to the bylaw. Councillor Tilitzky left the meeting at 4:47 p.m. The Public Works Superintendent stressed the transparency of the process and advised that he will make certain that Council receives all past information on the previous stages of the LWMP. Councillor Ayres suggested that all the information be posted to the website for public review. He asked that the Implementation Plan Report be reflective of the changes that are made to the recommendations. The Administrator provided information on what is to be sent to the Ministry. Resolution No. CW

32 District of Tofino Special Committee of the Whole Meeting held April 18, 2006 Moved by Mayor Fraser/Councillor Gibson that the Committee recommend to Council THAT Council accept bullet #9 from the recommendations outlined in the District of Tofino Stage 3 Liquid Waste Management Plan (LWMP) Implementation Plan Report dated March, Resolution No. CW Moved by Mayor Fraser/Councillor Gibson that the Committee recommend to Council THAT Council accept bullet #10 from the recommendations outlined in the District of Tofino Stage 3 Liquid Waste Management Plan (LWMP) Implementation Plan Report dated March, Resolution No. CW Moved by Councillor Gibson/Mayor Fraser that the Committee recommend to Council THAT bullet #11 from the recommendations outlined in the District of Tofino Stage 3 Liquid Waste Management Plan (LWMP) Implementation Plan Report dated March, 2006, be amended by deleting the words at the time of application. Resolution No. CW Moved by Mayor Fraser/Councillor Gibson that the Committee recommend to Council THAT bullet #12 from the recommendations outlined in the District of Tofino Stage 3 Liquid Waste Management Plan (LWMP) Implementation Plan Report dated March, 2006, be amended to read as follows That the District will provide for funding for the remaining capital cost. Resolution No. CW Moved by Mayor Fraser/Councillor Gibson that the Committee recommend to Council THAT Council accept bullet #13 from the recommendations outlined in the District of Tofino Stage 3 Liquid Waste Management Plan (LWMP) Implementation Plan Report dated March, Resolution No. CW Moved by Councillor Ayres/Mayor Fraser that the Committee recommend to Council THAT the body of the District of Tofino Stage 3 Liquid Waste Management Plan (LWMP) Implementation Plan Report dated March, 2006, be changed to be compatible with the revised recommendations. In response to Councillor Ayres concerns, the Administrator and the Public Works Superintendent advised that the most current up to date information will be reflected in a future report to Council. Chairperson Anderson suggested that the new report from staff be submitted to the next Committee of the Whole meeting. Resolution No. CW Moved by Mayor Fraser/Councillor Ayres that the meeting be adjourned at 26