Peace River Regional Hospital District Peace River Regional District 3 p.m., Friday, December 6, 2013 at the North Peace Cultural Centre Carpet Room 10015 100 Avenue Fort St. John, BC Downloadable Version Printable Version Additional Items / Handouts will be available the week following the meeting
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Peace River Regional Hospital District
Peace River Regional District
3 p.m., Friday, December 6, 2013
at the
North Peace Cultural Centre Carpet Room 10015 100 Avenue
Fort St. John, BC
Downloadable Version
Printable Version
Additional Items / Handouts will be available the week following the meeting
PEACE RIVER REGIONAL DISTRICT
SCHEDULE OF THE DAY’S EVENTS
December 6, 2013
3:30 p.m. Regional District Board Meeting
- Election of Chair and Vice Chair(procedure attached)
Recess Regional District Board Meeting
Convene Regional Hospital District Board Meeting
Adjourn Regional Hospital District Board Meeting
Reconvene Regional District Regular Board Meeting
3:45 p.m. D-1 Andrew Nash, Assistant GeneralManager/Director of Operations; andShannon Dunsmore - Director of FinanceRe: EnCana Event Centre Celebratory
Presentation
5 p.m. Adjournment – no later than
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December 6, 2013
Peace River Regional Hospital District Board
December 6, 2013 Meeting Agenda
1. Call to Order
2. Directors' Notice of New Business
3. Adoption of Agenda
4. Adoption of Minutes
HM-1 Regional Hospital District Board Meeting Minutes of November 28, 2013
5. Business Arising from the Minutes
6. Delegations
7. Petitions
8. Correspondence
9. Reports
HR-1 November 27, 2013 - Jo-Anne Frank, Corporate Officer - Officers and Officials -Hospital District Act
10. By-Laws
11. Diary
Regional Hospital Diary
12. New Business
13. Appointments
14. Consent Calendar (for consideration and receipt)
15. Notice of Motion
16. Media Questions
17. Adjournment
PEACE RIVERREGIONAL HOSPITAL DISTRICT
NOVEMBER BOARD MEETINGMINUTES
DATE: November 28, 2013
PLACE: Regional District Office Board Room, Dawson Creek, BC
PRESENT: Directors Alternate DirectorsChair Goodings Alternate Director SimmonsDirector JarvisDirector BumsteadDirector CaisleyDirector ChristensenDirector Hadland AbsentDirector Hiebert Director AckermanDirector Johansson Director KutDirector NicholsDirector Schembri
StaffFred Banham, Chief Administrative OfficerShannon Anderson, Deputy Chief Administrative OfficerJo-Anne Frank, Corporate OfficerKim Frech, Chief Financial OfficerBruce Simard, General Manager of Development ServicesTrish Morgan, Manager of Community ServicesFran Haughain, Communications Manager / Commission LiaisonBarb Coburn, Recording Secretary
OthersShawn Robins, Acumen CommunicationsMike Bernier, MLA, Peace River SouthJoe Breti Brenda BriggsAlva Stewart Walter StewartLaurel Hadland Nyla LePineBarry Ross Len FallisTyler Marion Helmet PatzeltLaura Westgate Lenora HowesBrenda Banham Colleen SmalleyPeter Bonderud Anthony BoosKaren Boos Andrew HardingPaul DeCosta Heinz HossDavid Gosling Jeremy Keefe
Others Present (continued)Terri Paulovich Sheila DeCostaPatti Cornelsson Jim HoudeCarl Chandler Joe BretiHelen Moore Jay Toutant
MediaElaine Anselmi, Dawson Creek Daily NewsAndrea Dion, CJDC
1) Call to Order The Chair called the meeting to order at 10:02 a.m.
ADOPTION OF AGENDA:
ADOPTION OF AGENDA
RHD/13/11/01MOVED by Director Christensen, SECONDED by Director Bumstead,That the Peace River Regional Hospital District Board agenda for the November 18,2013 meeting be adopted:1. Call to Order2. Directors’ Notice of New Business3. Adoption of Agenda4. Adoption of Minutes
HM-1 Regional Hospital District Meeting Minutes of November 14, 20135. Business Arising from the Minutes6. Delegations7. Petitions8. Correspondence9 Reports HR-1 November 14, 2013 – Kim Frech, Chief Financial Officer – 2014
Hospital District 2014 Meeting Schedule10. By-laws11. Diary
Regional Hospital Diary12. New Business13. Consent Calendar (for consideration and receipt)14. Notice of Motion (for the next meeting):15. Media Questions (on agenda items and business discussed at the meeting)16. Adjournment
RHD/13/11/02 (28)MOVED by Director Christensen, SECONDED by Director Schembri,That the Regional Hospital District Meeting Minutes of November 14, 2013 beadopted with the following corrections: a) add the name Bob Morton to the list of Others Present; and b) change the following spellings: Dennis ‘Modden’ to ‘Madden’; ‘Larel’
Hadland to ‘Laural’; and ‘Blare’ Meek to ‘Blaine’ Meek.CARRIED.
RHD/13/11/03 (28)MOVED by Director Christensen, SECONDED by Director Nichols,That the Regional Hospital District approve the Peace River Regional HospitalDistrict 2014 Provisional Budget
RHD/13/11/04 (28)MOVED by Director Jarvis, SECONDED by Director Hiebert,That the 2014 Peace River Regional Hospital Board meeting schedule be approved aspresented.
CARRIED
ADJOURNMENT
RHD/13/11/05 (28)MOVED by Director Christensen, SECONDED by Director Hiebert,That the meeting adjourn.
CARRIED.
The meeting adjourned at 10:08 a.m.
CERTIFIED a true and correct copy of the Minutes of the Regional Board of the Peace River RegionalHospital District from a meeting held on November 28, 2013 in the Regional District Office Board Room,Dawson Creek, BC
Karen Goodings, Chair Fred Banham, Chief Administrative Officer
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Peace River Regional Hospital DistrictREPORT
To: Chair and Directors Date: November 27, 2013
From: Jo-Anne Frank, Corporate Officer
Subject: Officers and Officials – Hospital District Act
RECOMMENDATION:That, pursuant to section 17 of the Hospital District Act, RSBC 1996 Chapter 202, theauditor, officers and employees of the Peace River Regional District Board areconfirmed as the auditor, officers and employees of the Peace River Regional HospitalDistrict Board, for the 2013/2014 term.
BACKGROUND/RATIONALE:Section 17(1) of the Hospital District Act, RSBC 1996 Chapter 202 states:
“The auditor and the officers and employees of the board of the regionaldistrict that corresponds to the regional hospital district board are theauditor and the corresponding officers and employees of the regionalhospital district board, and the regional hospital district board may specifytheir duties.”
and Section 17(3) states:“Despite subsection (1), the board may elect from its members a personother than the chair of the regional board, as chair of the board.”
Should the Board wish to continue with past practice, the above recommendation isoffered. Alternatively, the Board may wish to conduct elections for Hospital BoardChair and Vice-Chair.
STRATEGIC PLAN RELEVANCE:None
FINANCIAL CONSIDERATION(S):None
COMMUNICATIONS CONSIDERATION(S):Officer positions are noted on the Regional District’s web page.
OTHER CONSIDERATION(S):None
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REGIONAL HOSPITAL DIARY
DIARY ITEM DIARIZED COMMENTS LAST
REVIEWED
Peace River Regional District Board
December 6, 2013 Meeting Agenda
1. Call to Order
2. Election of Chair and Vice Chair
3. Directors' Notice of New Business
4. Adoption of Agenda
5. Adoption of Minutes
M-1 Regional District Meeting Minutes of November 28, 2013
6. Business Arising from the Minutes
7. Delegations
3:45 p.m.D-1 Andrew Nash, Assistant General Manager/Director of Operations and
Shannon Dunsmore - Director of FinanceRe: EnCana Event Centre Celebratory Presentation
8. Petitions
9. Correspondence
10. Reports
R-1 November 25, 2013 - Jo-Anne Frank, Corporate Officer - Area ‘D’ By-Election -Appointment of Officials
R-2 November 21, 2013 - Jo-Anne Frank, Corporate Officer - Moberly Lake Fire HallLease
15. Consent Calendar (for consideration and receipt)
16. Notice of Motion
17. Media Questions
17. Adjournment
PEACE RIVER REGIONAL DISTRICT
NOVEMBER BOARD MEETINGMINUTES
DATE: November 28, 2013
PLACE: Regional District Office Boardroom, Dawson Creek, BC
PRESENT: Directors Alternate DirectorsChair Goodings Alternate Director SimmonsDirector JarvisDirector BumsteadDirector CaisleyDirector ChristensenDirector Hadland AbsentDirector Hiebert Director AckermanDirector Johansson Director KutDirector NicholsDirector Schembri
StaffFred Banham, Chief Administrative OfficerShannon Anderson, Deputy Chief Administrative OfficerJo-Anne Frank, Corporate OfficerKim Frech, Chief Financial OfficerBruce Simard, General Manager of Development ServicesFran Haughian, Communications Manager / Commission LiaisonTrish Morgan, Manager of Community ServicesBarb Coburn, Recording Secretary
OthersShawn Robins, Acumen CommunicationsMike Bernier, MLA, Peace River SouthJoe Breti Brenda BriggsAlva Stewart Walter StewartLaurel Hadland Nyla LePineBarry Ross Len FallisTyler Marion Helmet PatzeltLaura Westgate Lenora HowesBrenda Banham Colleen SmalleyPeter Bonderud Anthony BoosKaren Boos Andrew HardingPaul DeCosta Heinz HossDavid Gosling Jeremy KeefeTerri Paulovich Sheila DeCostaPatti Cornelsson Jim HoudeHelen Moore Jay Toutant
Others Present (continued)D-1Carl Chandler - Re: Building Bylaw No. 1996, 2011D-2Joe Breti - Re: Building Bylaw No. 1996, 2011MediaElaine Anselmi, Dawson Creek Daily NewsAndrea Dion, CJDC
Call to Order The Chair called the meeting to order at 10:09 a.m.
DIRECTORS NOTICE OF NEW BUSINESS:
None
ADOPTION OF AGENDA:
ADOPTION OF AGENDA
RD/13/11/01 (28)MOVED by Director Bumstead, SECONDED by Director Christensen,That the Peace River Regional District Board agenda for the November 28, 2013meeting be adopted:1. Call to Order2. Directors’ Notice of New Business3. Adoption of Agenda4. Adoption of Minutes
M -1 Regional District Meeting Minutes of November 14, 20135. Business Arising from the Minutes6. Delegations
C-1 UNBC Notice - Cumulative Environmental, Community and Health Effects DiscussionsC-2 October 30, 2013 - HD Mining International - Use of Temporary Foreign WorkersC-3 November 14, 2013 - Saulteau First Nations - Modernization to the Water ActC-4 November 12, 2013 - School District No. 59 - Tate Creek Elementary SchoolC-5 November 4, 2013 - Fort St. John Soccer Club - Proposal for Land for a New Soccer
R-5 November 19, 2013 - Shannon Anderson, Deputy CAO - Water Sustainability Act - Final DraftComments
R-6 ALR Subdivision Application 195/2013 (Loewen)R-7 ALR Subdivision Application 211/2013 (Shaman)R-8 ALR Subdivision Application 193/2013 (Klassen)R-9 ALR Subdivision Application 006/2013 (Salustro)R-10 Development Variance Permit Application 158/2013 (Sapp)R-11 ALR Exclusion Application 209/2013 (Lawrence) Withdrawn by ApplicantR-12 November 20, 2013 - Kim Frech, Chief Financial Officer - Building Inspection BudgetR-13 November 21, 2013 - Jo-Anne Frank, Corporate Officer - Fire Protection Service Agreement -
Moberly Lake Volunteer Fire DepartmentR-14 November 21, 2013 - Jo-Anne Frank, Corporate Officer - Closed Session
10. By-lawsB-1 North Peace Leisure Pool Boundary Amendment Bylaw No. 2099, 2013
Consideration of Three Readingsa) November 18, 2013 report from Kim Frech, Chief Financial Officer; andb) “North Peace Leisure Pool Boundary Amendment Bylaw No. 2099, 2013”
B-2 Peace River Regional District Zoning Amendment Bylaw No. 2096, 2013 (Everett)Consideration of First and Second Readingsa) November 8, 2013 report from Johannes Bendle, NP Land Use Planner; andb) “Peace River Regional District Zoning Amendment Bylaw No. 2096, 2013”
B-3 Peace River Regional District Zoning Amendment Bylaw No. 2097, 2013 (Hunszinger)Consideration of First and Second Readingsa) November 19, 2013 report from Owen Bloor, SP Land Use Planner; andb) “Peace River Regional District Zoning Amendment Bylaw No. 2097, 2013”
B-4 Peace River Regional District Official Community Plan Amendment Bylaw No. 2100, 2013and Peace River Regional District Zoning Amendment Bylaw No. 2101, 2013 (Braun)Consideration of First and Second Readingsa) November 14, 2013 report from Johannes Bendle, NP Land Use Planner;b) “Peace River Regional District Official Community Plan Amendment Bylaw No. 2100,
2013”; andc) “Peace River Regional District Zoning Amendment Bylaw No. 2101, 2013”
B-5 Peace River Regional District Official Community Plan Amendment Bylaw No. 2102, 2013and Peace River Regional District Zoning Amendment Bylaw No. 2013, 2013 (Pedersen)Consideration of First and Second Readingsa) November 20, 2013 report from Johannes Bendle, NP Land Use Planner;b) “Peace River Regional District Official Community Plan Amendment Bylaw No. 2102,
2013”; andc) “Peace River Regional District Zoning Amendment Bylaw No. 2013, 2013”
12. New Business13. Appointments14. Consent Calendar (for consideration and receipt)
MA-1 Water Stewardship Committee Meeting Minutes of November 1, 2013MA-2 Solid Waste Committee Special Meeting Minutes of November 14, 2013CA-1 November 7, 2013 Minister of Agriculture and Agri-Foods ResponseCA-2 November 5, 2013 District of Chetwynd - Thank You LetterCA-3 November 14, 2013 - BC Hydro - Dawson Creek/Chetwynd Area Transmission Project
UpdateRA-1 Building Permit Report for October 2013
RD/13/11/01 (28) (continued)14. Consent Calendar (for consideration and receipt) - (continued)15. Notice of Motion (for the next meeting):16. Media Questions (on agenda items and business discussed at the meeting)17. Adjournment
CARRIED.
ADOPTION OF MINUTES:
M-1 ADOPTION OF MINUTES
RD/13/11/02 (28)MOVED by Director Jarvis, SECONDED by Director Caisley,That the Board Meeting Minutes of November 14, 2013 be adopted with the followingcorrections: a) amend Resolution No. RD/13/11/10 to reflect that Director Hadland was the
Mover and Director Christiansen was the Seconder; b) add the name Bob Morton to the list of Others Present; and c) change the following spellings: Dennis ‘Modden’ to ‘Madden’; ‘Larel’ Hadland
to ‘Laural’; and ‘Blare’ Meek to ‘Blaine’ Meek.CARRIED.
CORRESPONDENCE:
C-1UNBC Notice -
Cumulative Environmental, Community and Health Effects Discussions
RD/13/11/03 (28)MOVED by Director Christensen, SECONDED by Director Schembri,That a Director be authorized to attend the UNBC Cumulative Environmental,Community and Health Effects Discussions on January 10 and 11, 2014 in PrinceGeorge, BC.
CARRIED.
C-3Saulteau First Nations
Modernization to the Water Act
RD/13/11/04 (28)MOVED by Director Johansson, SECONDED by Director Hadland,That a letter be forwarded to the Saulteau First Nations:a) thanking them for their letter submitted for the Board’s review;b) requesting documentation confirming declining water levels as referenced in their
letter; andc) enclosing a copy of the Peace River Regional District’s submission to the Province
regarding the proposed Water Sustainability Act.CARRIED.
RD/13/11/05 (28)MOVED by Director Christensen, SECONDED by Director Schembri,That the Regional Board refer the November 4, 2013 letter from Fort St. John SoccerClub to the anticipated joint meeting between City of Fort St. John, Electoral Areas ‘B’and ‘C’, and the District of Taylor, where regionally based recreation will be considered.
CARRIED.
Recess The meeting recessed at 10:20 a.m.
Reconvene The meeting reconvened at 10:30 a.m.
DELEGATIONS:
D-1 Mr. Carl Chandler presented the Board with his perspective and dismay regarding theBoard’s decision to repeal “Peace River Regional District Building Bylaw No. 1996,2011” as expressed in two letters, which he read to the Board.
MOVED by Director Christensen, SECONDED by Director Schembri,The delegation be authorized to continue its presentation past the allotted time.
CARRIED
Mr. Chandler discussed with Board Members the ramifications of the Regional Districtbeing without a building bylaw to residents, businesses and emergency serviceproviders.
Recess The meeting recessed at 11:16 a.m.
Reconvene The meeting reconvened at 11:36 a.m.
D-2 Mr. Joe Breti presented his insight regarding the Community Conversation process andthe “Peace River Regional District Building Bylaw No. 1996, 2011”. He noted hisdisagreement with the Board’s recent decision to repeal Bylaw No. 1996, 2011 in itsentirety and suggested that some form of building bylaw is necessary.
RD/13/11/06 (28)MOVED by Director Christensen, SECONDED by Director Nichols,That the Regional Board receives and approves in principle the CommunicationsStrategy as presented by Acumen Communications.
CARRIED.
Recess The meeting recessed for luncheon at 12:30 p.m.
Vary Agenda RD/13/11/07 (28)MOVED by Director Hadland, SECONDED by Director Christensen,That the agenda be varied to deal with item R-10 at this time.
CARRIED.
R-10November 19, 2013
Development Variance Permit Application 158/2013 (Sapp)
RD/13/11/08 (28)MOVED by Director Hadland, SECONDED by Director Christensen,That Mr. John Sapp be granted permission to speak from the floor.
CARRIED
RD/13/11/09 (28)MOVED by Director Hadland, SECONDED by Director Christensen,That the Regional Board issue Development Variance Permit Application No. 158/ 2013of John and Jean Sapp, to increase the maximum accessory building floor area by 33.8m² (364 ft²), from the permitted 100 m² (1,076 ft²) to 133.8 m² (1,440 ft²), in order tobuild a new 133.8 m² (1,440 ft²) building to store a recreational vehicle at Lot 12, Block5, Plan PGP15012, Section 2, Township 84, Range 19, W6M, PRD, on the basis of therequest of the landowner.
CARRIED
R-2November 20, 2013 -Trish Morgan, Managerof Community Services
UBCM Report on a Province-wide 911 Call Answer Levy
RD/13/11/10 (28)MOVED by Director Christensen, SECONDED by Director Nichols,That the Regional Board write a letter supporting the recommendations contained in theUnion of BC Municipalities report on “9-1-1 Services in British Columbia: BackgroundReview in Relation to a Province-wide Call Answer Levy” recommending that specificattention to developing provincial policies regarding service standards, trainingstandards, abandoned call procedures as well as identifying the processes and costassociated with providing 911 call answer services to unserved areas of the province.
CARRIED.
Director Johansson entered the meeting at 1:07 p.m.
R-3November 12, 2013 -Trish Morgan, Managerof Community Services
RCMP MOU for 911 Call Answer Services
RD/13/11/11 (28)MOVED by Director Christensen, SECONDED by Director Schembri,That the Board of Directors enter into a five-year Memorandum of Understanding withthe Royal Canadian Mounted Police for the provision of 911 call answer services for thePeace River Regional District.
R-3 (continued)November 12, 2013 -Trish Morgan, Managerof Community Services
RD/13/11/12 (28)MOVED by Director Nichols, SECONDED by Director Schembri,That the Board of Directors authorize staff to continue to work with the 911 ServiceProviders and the Royal Canadian Mounted Police (RCMP) to finalize the 911 calltaking operations manual and to come to agreement on establishing a fair and equitableprocess for determining staffing resources for the provision of 911 call taking withinRCMP Operational Communications Centres.
CARRIED.
RD/13/11/13 (28)MOVED by Director Caisley, SECONDED by Director Christensen,That the Board of Directors authorize staff to investigate options for the provision of 911call answer services and provide a report back to the Board in 2014.
RD/13/11/14 (28)MOVED by Director Christensen, SECONDED by Director Caisley,That the Regional Board authorize staff to hold a public consultation meeting in the DoeRiver / Rolla solid waste catchment area to discuss a suitable location for the placementof a waste transfer station that will meet the needs and address concerns of arearesidents.
CARRIED.
RD/13/11/15 (28)MOVED by Director Hadland, SECONDED by Director Christensen,That the Regional Board that staff be authorized to investigate the feasibility ofdeveloping a Tier 1 transfer station in Taylor.
CARRIED.
R-6November 19, 2013
ALR Subdivision Application 195/2013 (Loewen)
RD/13/11/16 (28)MOVED by Director Hadland, SECONDED by Director Christensen,That the Regional Board support ALR Subdivision Application 195/2013 of CorneliusLoewen, to subdivide Lot 1, District Lot 2392, Plan 22839, PRD to subdivide theproperty into two smaller parcels of 64.75 ha (160 acres) and 63.5 ha (156 acres), andauthorize the application to proceed to the Agricultural Land Commission as theproposal is consistent with the Official Community Plan and Zoning Bylaw.
RD/13/11/17 (28)MOVED by Director Hadland, SECONDED by Director Johansson,That the Regional Board table R-7 to later in the meeting.
CARRIED.
R-8November 20, 2103
ALR Subdivision Application 193/2013 (Klassen)
RD/13/11/18 (28)MOVED by Director Hadland, SECONDED by Director Schembri,That the Regional Board support ALR Subdivision Application 193/2013 of Henry andEva Klassen, to subdivide North ½ of District Lot 2329, PRD, except the west 80 feet, tothe 129 ha (318 acres) parcel in half to create two separate parcels, and authorize theapplication to proceed to the Agricultural Land Commission as the proposal conformswith the Official Community Plan and Zoning Bylaw.
CARRIED.
R-9November 20, 2103
ALR Subdivision Application 006/2013 (Salustro)
RD/13/11/19 (28)MOVED by Director Hiebert, SECONDED by Director Caisley,That the Regional Board refuse ALR Subdivision Application 006/2013 of SilvioSalustro, to subdivide Northwest ¼, Section 4, Township 78, Range 15, W6M, PRD,except Part Dedicated Road on Plan BCP18313, to subdivide a 10.4 ha (25.7 ac)portion from the parent parcel to create five 2.08 ha (5.1 ac) lots, on the basis that it isnot consistent with the South Peace Fringe Area Official Community Plan 2048, 2012.
CARRIED.
R-7November 19, 2013
ALR Subdivision Application 211/2013 (Shaman)
RD/13/11/20 (28)MOVED by Director Hadland, SECONDED by Director Christensen,That R-7 be lifted from the table.
CARRIED
RD/13/11/21 (28)MOVED by Director Hadland, SECONDED by Director Christensen,That ALR Subdivision Application 211/2013 of Marilyn Shaman, to subdivide Lot 2,Section 23, Township 83, Range 19 W6M, PRD, Plan 26881, to subdivide the parentparcel into seven lots be forwarded to the Agricultural Land Commission withoutcomment.
Fire Protection Service Agreement - Moberly Lake Volunteer Fire Department
RD/13/11/22 (28)MOVED by Director Schembri, SECONDED by Director Nichols,That the agreement between the Peace River Regional District and the Moberly LakeVolunteer Fire Department for the provision of fire protection services, for a five-yearterm, be approved as presented; and that the Chair and Corporate Officer beauthorized to execute the agreement.
RD/13/11/23 (28)MOVED by Director Bumstead, SECONDED by Director HIebert,That R-14 be tabled until the end of the meeting.
CARRIED.
BY-LAWS:
B-1November 18, 2013
North Peace Leisure Pool Boundary Amendment Bylaw No. 2099, 2013
RD/13/11/24 (28)MOVED by Director Christensen, SECONDED by Director Jarvis,a) that “North Peace Leisure Pool Boundary Amendment By-law No. 2099, 2013” be
given three readings this 28th day of November, 2013; andb) that the “North Peace Leisure Pool Boundary Amendment By-law No. 2099, 2013”
be forwarded to the Inspector of Municipalities for Statutory Approval.CARRIED.
B-2November 8, 2013
Peace River Regional District Zoning Amendment Bylaw No. 2096, 2013 (Everett)
RD/13/11/25 (28)MOVED by Director Hadland, SECONDED by Director Nichols,a) That “Peace River Regional District Zoning Amendment Bylaw No. 2096, 2013”
be given First and Second readings this 28th day of November, 2013; andb) That the holding of a Public Hearing be waived pursuant to Section 890(4) of the
Local Government Act, and authorize performance of public notification pursuantto Section 893 of the Local Government Act.
Peace River Regional District Zoning Amendment Bylaw No. 2097, 2013 (Hunszinger)
RD/13/11/26 (28)MOVED by Director Hadland, SECONDED by Director Christensen,a) That “Peace River Regional District Zoning Amendment Bylaw No. 2097, 2013”
be given First and Second readings this 28th day of November, 2013; andb) That the holding of a Public Hearing be waived pursuant to Section 890(4) of the
Local Government Act, and authorize performance of public notification pursuantto Section 893 of the Local Government Act.
CARRIED.
B-4November 14, 2013
Peace River Regional District Official Community Plan Amendment Bylaw No. 2100,2013 and Peace River Regional District Zoning Amendment Bylaw No. 2101, 2013(Braun)
RD/13/11/27 (28)MOVED by Director Bumstead, SECONDED by Director Schembri,a) that “Peace River Regional District Official Community Plan Amendment Bylaw
No. 2100, 2013” and “Zoning Amendment Bylaw No. 2101, 2013” be given Firstand Second Readings this 28th day of November, 2013; and
b) that a Public Hearing be held pursuant to the Local Government Act; andc) that the holding of the Public Hearing be delegated to Director Goodings.
CARRIED.
B-5November 20, 2013
North Peace Fringe Area Official Community Plan Amendment Bylaw No. 2102 2013and Peace River Regional District Zoning Amendment Bylaw No. 2103, 2013(Pedersen)
RD/13/11/28 (28)MOVED by Director Hadland, SECONDED by Director Christensen,a) that “North Peace Fringe Area Official Community Plan Amendment Bylaw
No. 2102, 2013” and “Zoning Amendment Bylaw No. 2103, 2013” be given Firstand Second Readings this 28th day of November, 2013;
b) that a Public Hearing be held pursuant to the Local Government Act; andc) that the holding of the Public Hearing be delegated to Director Goodings.
CARRIED.
NEW BUSINESS:
NB-1 Chairs Reconsideration
The Chair advised that, pursuant to section 131 of the Community Charter, she isrequiring the Board to reconsider and vote again on adoption of Peace River RegionalDistrict Building Bylaw Repeal Bylaw No. 2098, 2013. It was noted that formal notice ofChair’s reconsideration would be distributed to the Board of Directors in an email.
RD/13/11/29 (28)MOVED by Director Caisley, SECONDED by Director Nichols,That a Special Board Meeting be held at 10 a.m., Monday, December 2, 2013 to reconsideradoption of “Peace River Regional District Building Bylaw Repeal Bylaw No. 2098, 2013pursuant to section 131 of the Community Charter (Chair’s reconsideration).OPPOSED: Directors Hadland CARRIED.
MOVED by Director Nichols, SECONDED by Director Christensen,That the Regional Board only enforce Peace River Regional District Building BylawNo. 1996, 2011 as follows: for those permits issued before November 14, 2013, and for those that request to
obtain a permit.DEALT WITH BY THE FOLLOWING:
RD/13/11/30 (28)MOVED by Director Hadland, SECONDED by Director Christensen,That the resolution be amended by adding the following:
“and further that the long-term objective is to return to a facsimile of the previous“Building By-Law No. 1189, 1999” after consultation with the communitiesaffected.”
DEFEATED.
RD/13/11/31 (28)MOVED by Director Nichols, SECONDED by Director Christensen,That the Regional Board only enforce Peace River Regional District Building BylawNo. 1996, 2011 as follows: for those permits issued before November 14, 2013, and for those that request to
obtain a permit.OPPOSED: Director Hadland CARRIED.
CONSENT CALENDAR
RD/13/11/32 (28)MOVED by Director Hiebert, SECONDED by Director Christiansen,,That the November 28, 2013 Consent Calendar be received.
RD/13/11/33 (28)MOVED by Director Nichols, SECONDED by Director Christensen,That R-14 be lifted from the table and That permission be granted to resolve to a closedmeeting, pursuant to Section 90(1) of the Community Charter which states that a part ofa (Board) meeting may be closed to the public if the subject matter being consideredrelates to or is one or more of the following: “(f) law enforcement, if the (Board) considers that disclosure could reasonably be
expected to harm the conduct of an investigation under or enforcement of anenactment;” and,
“(i) the receipt of advice that is subject to solicitor-client privilege, includingcommunication necessary for that purpose;”.
OPPOSED: Director Hadland CARRIED
ADJOURNMENT
RD/13/11/34 (28)MOVED by Director Hiebert, SECONDED by Director Christensen,That the meeting adjourn.
CARRIED.
The meeting adjourned at 3 p.m.
CERTIFIED a true and correct copy of the Minutes of the Regional Board of the Peace River Regional District from ameeting held on November 28, 2013 in the Regional District Office Board Room, Dawson Creek, BC.
Karen Goodings, Chair Fred Banham, Chief Administrative Officer
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Peace River Regional DistrictREPORT
To: Chair and Directors Date: November 25, 2013
From: Jo-Anne Frank, Corporate Officer
Subject: Area ‘D’ By-Election – Appointment of Officials
RECOMMENDATION(S):That Jo-Anne Frank be appointed Chief Election Officer and Trish Morgan be appointedDeputy Chief Election Officer for the Electoral Area ‘D’ Director By-election scheduled forFebruary 22, 2014.
BACKGROUND/RATIONALE:It is legislatively necessary for the Board to appoint a Chief and Deputy Chief Election Officerfor the Electoral Area ‘D’ By-election.
STRATEGIC PLAN RELEVANCE:None
FINANCIAL CONSIDERATION(S):None
COMMUNICATIONS CONSIDERATION(S):Officials’ contact information will be communicated in statutory advertisements, the RegionalDistrict’s web page and elsewhere as appropriate.
OTHER CONSIDERATION(S):In order to maintain the February 22, 2014 date for the by-election, the Board must statutorilyappoint a Chief/Deputy Election Officer at the December 6, 2013 Board meeting.
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Peace River Regional DistrictREPORT
To: Chair and Directors Date: November 21, 2013
From: Jo-Anne Frank, Corporate Officer
Subject: Moberly Lake Fire Hall Lease
RECOMMENDATION(S):That the agreement between Peace River Regional District and Moberly Lake Volunteer FireDepartment for lease of the Moberly Lake fire hall building, for a five year term, be approved aspresented; and, the Chair and Corporate Officer be authorized to execute the agreement.
BACKGROUND/RATIONALE:The Area Director and staff met with Moberly Lake Fire Society officials to review the attachedagreement and all parties have agreed to the terms therein.
STRATEGIC PLAN RELEVANCE:None
FINANCIAL CONSIDERATION(S):None
COMMUNICATIONS CONSIDERATION(S):As required under the Local Government Act, public notice of the Regional District’s intentionto lease the building has been published.
OTHER CONSIDERATION(S):None
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LEASE
THIS AGREEMENT dated for reference the ____ day of _________________, 2013.
BETWEEN:PEACE RIVER REGIONAL DISTRICT,Box 810, Dawson Creek, B.C. V1G 4H8
(the "Landlord")
AND:MOBERLY LAKE VOLUNTEER FIRE DEPARTMENT (Inc. No. S-0017446)Box 58, Lakeshore Drive, Moberly Lake, B.C. V0C 1X0
(the "Tenant")
WHEREAS:
A. The Landlord is the registered owner in fee simple of the lands legally described as:
PID: 017-700-345Lot A District Lot 1449 Peace River District Plan PGP36055(the “Land”);
B. The Tenant built a fire hall (the “Building”) on the Land as shown on Schedule “A”;
C. The Tenant wishes to lease the Building and the Landlord wishes to grant a lease of theBuilding to the Tenant, on the terms and conditions set out in this agreement;
D. The Tenant will provide fire fighting services to the Landlord in accordance with the terms of thefire protection agreement between the Peace River Regional District and Moberly LakeVolunteer Fire Department Inc.
E. In accordance with the Local Government Act, the Landlord has published notice of its intentionto lease the Building to the Tenant and to provide assistance to the Tenant;
THIS AGREEMENT is evidence that in consideration of the mutual promises contained in this Agreementand the payment of $1.00 by the Tenant to the Landlord (the receipt and sufficiency of which the Landlordacknowledges), the parties covenant and agree as follows:
1. Lease of Building – The Landlord leases all of the Building to the Tenant (“Lease”) for theTerm, on the terms and conditions of this Agreement and for the purposes set out in thisAgreement.
2. Term – The term of this Agreement is for a period of five (5) years, beginning on January1, 2013 and expiring on December 31, 2018 (the “Term”) subject to earlier termination orrenewal pursuant to the terms of this Agreement.
3. Licence – By this section, the Landlord grants a licence to the Tenant and its invitees to usethe licence area shown on Schedule “A” (the “Licence Area”) for the purposes of accessing theBuilding and conducting any other activities reasonably required in connection with operation ofa volunteer fire department as determined by the Landlord, for the Term.
4. Rent – The Tenant must pay the Landlord rent of $1.00 for the Term (“Rent”), payable on thefirst day of the Term.
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5. Purpose – The Tenant may only use and occupy the Building for the purpose of operating avolunteer fire department in accordance with the Fire Protection Agreement, as amendedor replaced from time to time.
6. Tenant's Covenants – The Tenant covenants and agrees with the Landlord:
(a) to promptly pay the Rent when due;
(b) to provide all equipment, furnishings and supplies that may be required to use theBuilding for the purposes of this Agreement;
(c) not to do, suffer or permit anything that may be or become a nuisance or annoyance in,on or from the Building or on or from the Land to the owners, occupiers or users of otherparts of the Land, adjoining lands or to the public, including the accumulation of rubbishor unused personal property of any kind;
(d) not to do, suffer or permit any act or neglect that may in any manner directly or indirectlycause injury to the Building or to any fixtures or appurtenances thereon;
(e) to pay all costs and expenses of any kind whatsoever associated with and payable inrespect of the Building, including without limitation, all taxes, levies, charges andassessments, permit and licence fees, repair and maintenance costs, administration andservice fees, telephone, electrical, gas, water, sewage disposal and other utility chargesand payments for work and materials;
(f) to pay to the Landlord all goods and services taxes (including applicable sales tax) whichmay be payable in respect of this Agreement;
(g) to repair and maintain the Building and all fixtures and appurtenances thereon in a safe,clean and sanitary condition and to take all reasonable precautions to ensure the safetyof all persons using the Building;
(h) to keep the Licence Area and areas immediately adjacent to the Building free of anyrubbish and debris originating from the Building;
(i) to carry on and conduct its activities on the Land and in, on and from the Building incompliance with any and all laws, statutes, enactments, bylaws, regulations and ordersfrom time to time in force and to obtain all required approvals and permits thereunderand not to do or omit to do anything in, on or from the Building or on or from the Land incontravention thereof;
(j) not to erect any sign on the exterior of, or visible from outside, the Building without theprior written consent of the Landlord; and
(k) to promptly discharge any builders' lien which may be filed against the title to the Landrelating to any improvements, work or construction that the Tenant undertakes on theLand and to comply at all times with the Builders Lien Act (British Columbia) in respect ofany improvements, work or construction undertaken on the Land.
7. Net Lease – Without limiting any other provisions in this Agreement, the Tenant agrees thatthis Agreement is absolutely net to the Landlord and the Tenant must promptly pay when dueon its own account and without any variation, set-off, or deduction all amounts, charges, costs,duties, expenses, fees, levies, rates, sums and taxes and increases in any way relating to the
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Land and that to the extent any such amounts remain unpaid after they come due, suchamounts shall be deemed as Rent and may be collected by the Landlord as Rent.
8. Lease Not In Registrable Form – The Tenant acknowledges and agrees that theLandlord is under no obligation to at any time deliver this Agreement or any instrument creatingthis Agreement to the Tenant in a form registrable under the Land Title Act (British Columbia).
9. Tenant's Representations and Warranties – The Tenant represents and warrants that theTenant:
(a) is a not for profit society validly incorporated and in good standing under the laws ofBritish Columbia and does not conduct its activities with a view to obtaining, and doesnot distribute, profit or financial gain for its members;
(b) has the power and capacity to enter into and carry out the obligations under thisAgreement; and
(c) has completed all necessary resolutions and other preconditions to the validity of thisAgreement.
10. Acknowledgment and Agreements of the Tenant – The Tenant acknowledges and agreesthat:(a) the Landlord has given no representations or warranties with respect to the Land or the
Building including, without limitation, with respect to the suitability of the Land and theBuilding for the Tenant’s intended use for the Building;
(b) the Tenant leases the Building on an as-is basis and the Landlord has not made anyrepresentations, warranties or agreements as to the environmental condition of theBuilding or the Land; and
(c) it is the sole responsibility of the Tenant to satisfy itself with respect to the environmentalconditions of the Building and the Land, including, without limitation, by conducting anyreports, tests, investigations, studies, audits and other inquiries as the Tenant, in its solediscretion, considers necessary in order to satisfy itself as to the environmental conditionof the Building and the Land.
11. Routine Repair and Maintenance – The Tenant must keep the Building, and all fixtures andappurtenances thereon, in good repair consistent with standards of repair generally acceptedin British Columbia with respect to comparable premises and, the Tenant is responsible for andmust do all maintenance and repairs with respect to the Building necessary for the Tenant’suse, occupation and operation of the Building and upon written notice from the Landlord theTenant must make such repairs as are required by the Landlord in the notice. At the end of theTerm, the Tenant must surrender the Building to the Landlord in good repair, exceptingreasonable wear and tear.
12. Tenant Alterations – The Tenant must not make any improvements, extensions, installations,alterations, additions or renovations to the Building, or alter the existing state of the Building inany way, without the prior written consent of the Landlord. If the Landlord gives such consent,the Tenant must obtain the Landlord’s prior approval of drawings and specifications for suchwork, must do such work strictly in accordance with the approved drawings and specificationsand must comply with any conditions the Landlord imposes with that approval.
13. Minimum Work Standards – The Tenant must ensure that any repairs or work with respect tothe Building done by or on behalf of the Tenant pursuant to sections 11 or 12:
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(a) do not affect any structural or foundation elements of the Building;(b) meet or exceed the standards of materials and construction employed in the original
construction of the Building; and(c) comply with all applicable laws, statutes, enactments, regulations, bylaws and orders
from time to time in force, including the applicable building code and bylaws of thePeace River Regional District.
14. Insurance Requirements –(a) The Tenant shall take out and maintain commercial general liability insurance providing
insurance for death, bodily injury and property loss and damage and all other lossesarising out of or in connection with the Tenant’s activities (including without limitation theprovision of fire fighting services and the use of the Land and the Building by theTenant), in an amount of not less than $5,000,000.00 per occurrence, with a deductibleof not more than $5,000.00 per occurrence, with such company or companies approvedby the Landlord and on other terms and conditions satisfactory to the Landlord, actingreasonably.
(b) Each policy the Tenant is required to obtain under this Agreement shall provide that itcannot be cancelled, lapsed, or materially altered without at least thirty (30) days noticein writing to the Landlord, shall name at all times the Landlord and its servants, agents,officers, employees, elected officials, contractors or subcontractors as additional insuredand shall contain a cross-liability clause. The Tenant shall deliver to the Landlord, uponrequest, a copy of each policy of insurance or other proof of insurance evidencingcompliance with the terms of this Agreement.
The Tenant further agrees that if the Tenant fails to obtain and maintain the saidinsurance or deliver the said policy to the Landlord, then the Landlord may obtain andmaintain such insurance at the expense of the Tenant and the Tenant hereby appointsthe Landlord as the Tenant's agent and lawful attorney to do all things necessary for thatpurpose.
(c) The Landlord shall take out and maintain insurance on the Building and its contents, insuch amounts and on such terms and conditions as the Landlord deems appropriatefrom time to time. The Tenant is solely responsible for determining whether theLandlord’s insurance under this subsection is sufficient to protect the Tenant’s interest inthe Building and its contents and whether it should be supplemented by furtherinsurance to be effected by the Tenant.
15. Quiet Possession – The Landlord covenants and agrees with the Tenant to permit theTenant, so long as the Tenant is not in default of the Tenant’s obligations under thisAgreement, to peaceably possess and enjoy the Building for the Term, without interference ordisturbance from the Landlord or those claiming by, from or under the Landlord except forthe Landlord’s express rights under this Agreement to enter upon the Building.
16. Indemnity – The Tenant must indemnify and save harmless the Landlord and its electedand appointed officials, officers, employees, agents, successors and assigns, from any and allliabilities, actions, damages, claims, losses, costs and expenses whatsoever (including withoutlimitation, the full amount of all legal fees, costs, charges and expenses whatsoever) in any waydirectly or indirectly arising from the occupation, activities or actions of the Tenant on or fromthe Land or in, on or from the Building or anything done or not done or maintained by theTenant.
17. Survival of Indemnities – The obligations of the Tenant under section 16 survive the expiryor earlier termination of this Agreement.
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18. Permission to Enter – The Landlord or its authorized representative may enter theBuilding at all reasonable times for the purposes of inspection of the Building.
19. Ownership of Improvements at Termination – At the expiration of the Term or earliertermination of this Agreement, the Building and any improvements, extensions, installations,alterations, renovations or additions to the Building, whether done by or on behalf of the Tenantor not, are forfeited to and become the permanent property of the Landlord without payment ofany compensation by the Landlord.
20. State of Improvements at Termination – If the Tenant fails to leave the Building in acondition required by this Agreement, the Landlord may do so on behalf of the Tenant andthe Tenant must, on demand, compensate the Landlord for all costs incurred by theLandlord.
21. Damage or Destruction – If the Building or any part of the Building is damaged ordestroyed by any cause:(a) if the Landlord has not terminated this Agreement under section 24(g), the Tenant must
diligently repair, rebuild or restore that part of the Building with such changes,modifications and alterations to design and structure as may be approved by theLandlord and all insurance proceeds in respect of the damage or destruction will be paidto the Tenant for the repair, rebuilding or restoration of the Building; or
(b) if the Landlord has terminated this Agreement under section 24(g), all insuranceproceeds in respect of the damage or destruction will be paid to the Landlord.
22. No Assignment or Sublease – The Tenant must not assign the Tenant’s interest in thisAgreement or sublet the Building or any part of the Building without the prior writtenconsent of the Landlord, nor may the Tenant charge, mortgage or encumber or purport tocharge, mortgage or encumber the Tenant’s interest in the Building or this Agreement withoutthe prior written consent of the Landlord. The Landlord may withhold such consents for anyreason whatsoever. If the Landlord consents to a sublease of the Building or any part of theBuilding, the Landlord may grant such approval on condition that the Tenant and theproposed sublessee execute a sublease agreement in a form satisfactory to the Landlord.
23. Renewal of Term – The parties may, by agreement, renew this Lease for one or more furtherterm(s) of five (5) years.
24. Termination Due to Default – If and whenever(a) the Fire Protection Agreement (as amended or replaced from time to time) is terminated
for any reason;
(b) the Term or any of the goods or chattels in the Building are at any time seized or takenin execution or attachment by any creditor of the Tenant or under bill of sale or chattelmortgage;
(c) a writ of execution issues against the goods and chattels of the Tenant;
(d) the Tenant makes any assignment for the benefit of creditors or becomes insolvent orbankrupt;
(e) proceedings are begun to wind up the Tenant;
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(f) the Tenant is in default in the payment of Rent or any other amount payable under thisAgreement and the default continues for 30 days after written notice by the Landlord tothe Tenant;
(g) the Building, or any part of it, is destroyed or damaged by any cause so that in theopinion of the Landlord the Building is no longer reasonably fit for use by the Tenant forthe purposes set out in this Agreement for any period of time in excess of 60 days;
(h) the Tenant does not fully observe, perform and keep each and every term, covenant,agreement, stipulation, obligation, condition and provision of this Agreement to beobserved, performed and kept by the Tenant, and persists in such default for 30 daysafter written notice by the Landlord; or
(i) the Tenant vacates or abandons the Building or uses or permits or suffers the use of theBuilding for any purpose other than the purposes permitted by this Agreement, and suchdefault persists for 5 days after written notice by the Landlord,
then the Landlord may, at its option, terminate this Agreement and the Term then becomesimmediately forfeited and void and the Tenant must immediately cease all use and occupation ofthe Building and must vacate and deliver up possession of the Building and the Landlord maywithout notice or any form of legal process and without any adherence to public law duties orprocedural fairness or the principles of natural justice, forthwith re-enter the Building andrepossess and enjoy the same.
25. Termination for No Cause – Despite any other section of this Agreement, either party mayterminate this Agreement for no cause on at least one (1) year’s notice to the other party,and upon the expiration of the time specified in the notice, this Agreement shall beterminated.
26. Holding Over – If the Tenant continues to occupy the Building with the written consent of theLandlord after the expiration of the Term or earlier termination of this Agreement, then, withoutany further written agreement, the Tenant shall be a monthly lessee paying monthly rent in anamount determined by the Landlord and subject always to the other provisions in thisAgreement insofar as the same are applicable to a month to month tenancy and a tenancy fromyear to year shall not be created by implication of law, and nothing shall preclude the Landlordfrom taking action for recovery of possession of the Building, and at the expiry of the month tomonth tenancy the Tenant must, if not already performed, perform all of its obligations underthis Agreement that it was required to perform at the expiry of the Term.
27. Distress – If and whenever the Tenant is in default of the payment of any money,including Rent, whether expressly reserved by this Agreement or deemed as Rent, theLandlord may without notice or any form of legal process whatsoever, enter the Building andseize, remove and sell the Tenant’s goods, chattels and equipment and seize, remove, and sellany goods, chattels and equipment at any place to which the Tenant or any other person mayhave removed them in the same manner as if they had remained and been distrained in theBuilding, notwithstanding any rule of law or equity to the contrary, and the Tenant herebywaives and renounces the benefit of any present or future statute or law limiting oreliminating the Landlord’s right of distress.
28. Remedies Cumulative – No reference to or exercise of any specific right or remedy by theLandlord prejudices or precludes the Landlord from any other remedy, whether allowed at lawor in equity or expressly provided for in this Agreement. No such remedy is exclusive ordependent upon any other such remedy, but the Landlord may from time to time exercise anyone or more of such remedies independently or in combination. Without limiting the
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generality of the foregoing, the Landlord is entitled to commence and maintain an action againstthe Tenant to collect any Rent not paid when due, without exercising the option to terminate thisAgreement.
29. No Joint Venture – Nothing contained in this Agreement creates the relationship ofprincipal and agent or of partnership, joint venture or business enterprise or entity betweenthe parties or gives the Tenant any power or authority to bind the Landlord in any way.
30. Interpretation – In this Agreement:(a) reference to the singular includes a reference to the plural and vice versa, unless the
context requires otherwise;(b) a particular numbered section or lettered Schedule is a reference to the correspondingly
numbered section or lettered Schedule of this Agreement;(c) an "enactment" is a reference to an enactment as that term is defined in the
Interpretation Act (British Columbia) of the day this Agreement is made;(d) any enactment is a reference to that enactment as amended, revised, consolidated or
replaced;(e) section headings are inserted for ease of reference and are not to be used in interpreting
this Agreement;(f) a party is a reference to a party to this Agreement;(g) time is of the essence;(h) where the word “including” is followed by a list, the contents of the list shall not
circumscribe the generality of the expression immediately preceding the word“including”; and
(i) a reference to a party is deemed to include the heirs, executors, administrators,successors, assigns, servants, employees, agents, contractors, elected and appointedofficials, officers, directors, licensees and invitees of such party where the context sorequires and allows.
31. Notices – All notices given under this Lease shall be in writing, sent by facsimile transmission or delivered by hand or mailed by prepaid registered mail to the parties at the addresses or fax numbers on the first page of this Agreement or such other addresses or fax numbers provided from time to time. Notices will be deemed to be received when faxed, on transmission; when mailed, on the third calendar day after mailing, and when delivered by hand. Notices to the Landlord will be sent to the attention of the Chief Administrative Officer. Notices to the Tenant will be sent to the attention of the Fire Chief.
32. Easements and Other Charges – The Landlord may, from time to time, without compensation tothe Tenant, grant licenses, rights of way, easements and other rights and privileges to third partieson over, under, through, above or across the Land, including the Building, provided that suchrights and privileges do not substantially impair the Tenant’s rights under this Lease, and theTenant shall execute such further instruments as the Landlord may require to give such privilegespriority over this Lease.
33. No Effect on Laws or Powers – Nothing contained or implied herein prejudices or affectsthe Landlord’s rights and powers in the exercise of its functions pursuant to the LocalGovernment Act (British Columbia) or its rights and powers under any enactment to the extentthe same are applicable to the Land or the Building, all of which may be fully and effectivelyexercised in relation to the Land or the Building as if this Agreement had not been fullyexecuted and delivered.
34. Landlord Discretion – Wherever in this Agreement the approval or consent of the Landlordis required, some act or thing is to be done to the Landlord’s satisfaction, the Landlord is entitledto form an opinion, or the Landlord is given the sole discretion:
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(a) the relevant provision is not deemed to have been fulfilled or waived unless theapproval, consent, opinion or expression of satisfaction is in writing signed by theLandlord or its authorized representative;
(b) the approval, consent, opinion or satisfaction is in the discretion of the Landlord, actingreasonably;
(c) any discretion of the Landlord is not subject to public law duties and the principles ofprocedural fairness and the rules of natural justice have no application; and
(d) the sole discretion of the Landlord is deemed to be the sole, absolute and unfettereddiscretion of the Landlord.
35. Severance – If any portion of this Agreement is held invalid by a court of competentjurisdiction, the invalid portion shall be severed and the decision that it is invalid will not affectthe validity of the remainder of the Lease.
36. No Public Law Duty – Whenever in this Agreement the Landlord is required or entitled at itsdiscretion to consider granting any consent or approval, or is entitled to exercise any option todetermine any matter, or to take any action or remedy including, without limiting the generalityof the foregoing, the termination of this Agreement and the re-entering of the Building, theLandlord may do so in accordance with the contractual provisions of this Agreement and nopublic law duty of procedural fairness or principle of natural justice shall have any application.
37. Binding on Successors – This Lease enures to the benefit of and is binding upon the partiesand their respective successors and assigns, notwithstanding any rule of law or equity to thecontrary.
38. Law of British Columbia – This Lease must be construed according to the laws of theProvince of British Columbia.
39. Whole Agreement – The provisions in this Agreement constitute the whole of theagreement between the parties and supersede all previous communications,representations, warranties, covenants and agreements, whether verbal or written,between the parties with respect to the subject matter of the Lease.
40. Waiver or Non-Action – Waiver by the Landlord of any breach of any term, covenant orcondition of this Agreement by the Tenant must not be deemed to be a waiver of anysubsequent default by the Tenant. Failure by the Landlord to take any action in respect of anybreach of any term, covenant or condition of this Agreement by the Tenant must not bedeemed to be a waiver of such term, covenant or condition.
41. Amendment of Lease – The parties may only amend this Lease by written agreement.
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As evidence of their agreement to be bound by the above terms, the Landlord and the Tenant eachhave executed this Agreement on the date first above written.
The Corporate Seal of the Peace River Regional )District was hereunto affixed in the presence of: )
1. Northern Trades 12/05/10 Fred Banham, CAO provided an update from his attendance at the Oct 15,2012 third Northern Trades Stakeholder workshop in Prince George andmade the following recommendation:“Continue to monitor the follow-up on the Trades Roundtable Workshop.Work with Northern Lights College to ensure trades training is identified andaccommodated equitably across the north”
Oct 25, 2012
The Board resolved: “That a letter be forwarded to Northern Opportunitiesto request updates on trades training in the Peace River Regional Districtarea.”
Aug 22, 2013
2. Provincial FinanceCommittee Meeting
13/01/10 Director Goodings provided an update from her attendance at the Oct 3,2012 Provincial Finance Committee Meeting:“Diarize the Provincial Finance Committee Meetings held annually inOctober to allow Directors time to prepare presentations to the Committee”.
Jan. 10, 2013
It was resolved by the Board to make presentations at both the October 7,2013 meeting in Dawson Creek and the October 16, 2013 meeting in FortSt. John.
Sept 26, 2013
Presentations were made to the Provincial Finance Committee on thefollowing topics: skilled workforce training, funding of local governmentservices, funding of health care infrastructure, invasive species on crownland, and funding formula for school bus transportation.
Oct. 10, 2013
3. Interprovincial /Intermunicipal Meeting
13/05/09 Director Goodings provided an update from her attendance at the April 5,2013 Intermunicipal / Interprovincial Meeting:“Forward a letter to the Province of BC regarding Alberta oil and gascompanies residency requirements”.
May 9, 2013
That the Interprovincial / Intermunicipal Meeting date of April 4, 2014 beadded to the Regional Diary
Nov. 14, 2013
4. Interest BasedApproach to WaterStewardship
13/05/09 Director Goodings provided an update from her attendance at the April 9,2013 Interest Based Approach to Water Stewardship workshop:“Pursue a partnership with the Province to improve mapping of the aquifersand ground water sources in the Peace River Regional District; and betterunderstand the impact of fracking on those water sources”.
May 9, 2013
5. ALC DelegationAgreement Review
13/06/13 Further to Board discussions regarding the potential of an Agricultural LandCommission Delegation Agreement, the Board resolved to:“Request the results of the Delegation Agreement Review of the Fraser FortGeorge Regional District and East Kootenay Regional District from theAgricultural Land Commission; and diarize for review in September, 2013.”
June 13, 2013
The Board resolved to request Agricultural Land Commission delegationstatus under the Agricultural Land Commission Act.
Sept 26, 2013
6. PipelineCompensation forLandowners
13/10/10 Further to Board discussions regarding pipeline compensation forlandowners, the Board resolved: “That addressing the issue of “pipelinecompensation for landowners” be diarized.”
Oct. 10, 2013
That this topic be referred to the 2014 Strategic Planning process Nov. 14, 2013
PEACE RIVER REGIONAL DISTRICT
STRATEGIC PRIORITIES CHART Date: Revised October 24, 2013
CORPORATE PRIORITIES (Board/CAO)
NOW
1) SITE C ENVIRONMENTAL ASSESSMENT PROCESS MONITORING: LG Workshop (Jan.);
Briefing (Mar. 15); Position (April1) EIS Application (Aug); Monitor EA Public Consultation (Jan 14)
2) WORK CAMP REVIEW: Impacts (Mar.); COW Workshop (July); Work Camp Recommended
1. Charlie Lake Sewer Upgrade Funding consent (July); Engineering (Oct); Tendering (Jan 14) Inundation Communications Plan (June 14)
2. Water Tankloaders for Tomslake & Farmington – water disposal options (June)
3. Construct 4 New Transfer Stations (Oct.)
Recycling Initiatives
Regional Landfills Operations and Upgrades
COMMUNITY SERVICES (Trish)
1. Regional Parks & Trails Master Plan (July) 2. PRRD Emergency Response Plan Update (Dec) 3. 911 Review – report recommendations and
financial implications to the Board (May Sept)
Communications protocol with Forestry and Fire Departments
Man-made Hazards Project – review legal opinion, develop game plan with EEC to move forward
DEVELOPMENT SERVICES (Bruce)
1. WORK CAMP REVIEW: Impacts (March); COW Workshop (July); Work Camp Strategy (Sept)
2. REGIONAL AGRICULTURE PLAN: 1st Draft (June); Public Review (Nov)
3. South Peace Fringe Area OCP: Public Hearings (Mar); Adopt (May)
Regional Building Bylaw: adoption (Jan); Info Campaign (Apr); Implement (Mar)
West Peace Fringe Area OCP: Advisory Committee; Prelim Consultation
Regional Zoning By-law: Review
Web Map update
ADMINISTRATION (Jo-Anne)
1. Clearview Gym Referendum (Jan); Grant (Aug) 2. Procedure Bylaw: Update (April) 3. Officers Bylaw: (April) 4. Recreation Facility Agreements/Land Use (Dec) 5. Electronic Records System (Dec)
Risk Management Plan: Terms Of Ref.
COMMUNICATIONS (Fran) 1. Communications Plan (Dec) 2. RD Programs Trade Shows Promotions (May) 3. NP Airport Society Coordination (Dec)
SP OCP Public Promotion (June)
Building Bylaw Public Promotion (May)
Bylaw Enforcement Public Promotion (Feb)
BOLD CAPITALS = Board NOW Priorities; CAPITALS = NEXT priorities; Italics= Advocacy; Regular font = Operational
AGENDA PREPARATION SCHEDULE
2013
DECEMBER 6, 2013 (Fort St. John)
Agenda Preparation, Thursday November 28
Post Agenda to PRRD Website - Friday November 29
PEACE RIVER REGIONAL DISTRICT2013 SCHEDULE OF EVENTS
DECEMBER December 6 - Christmas Party, Fort St. JohnDecember 9 - 2013 Site C Joint Review Panel Meeting in Fort St. JohnDecember 25 - Christmas DayDecember 26 - Boxing Day
Site C Clean Energy Project
Joint Review PanelCanadian Environmental Assessment Agency, 160 Elgin Street. 22nd Floor, Ottawa, ON 1<1 A tI-tI
Bdtsh Columbia Environmental Assessment Office. 836 Yates Street, 2nd Floor, Victoria, BC V8W [email protected]
I Location Session timeDate I Hearing ToDic
Preliminary Public Hearing Schedule
December 20139 Opening Fort St. John 9am-l2pm
9 Topic-Specific Session: Need, Purpose and Fort St. John 1:3Opm-5:3OpmAlternatives
10 Topic-Specific Session: Need, Purpose and Fort St. John 9am-l2pmAlternatives 1:3Opm-5:3Opm
11 Community Session Doig River or Halfway River (TBD) lOam-5pm
12 Community Session Blueberry River lOam-5pm
13 General Session Hudson’s Hope 9am-l2pm
1:3Opm-5:3Opm
14 General Session Chetwynd 9am-l2pm
1:3Opm-5:3Opm
15
16 Community Session West Moberly (TBD) lOam-5pm
17 Community Session Saulteau lOam-5pm
18 Community Session Mcleod Lake lOam-Spm
19 General Session Prince George lpm-5pm
20
January 20146 General Session Fort St. John lpm-5pm
7pm-9pm
7 General Session Dawson Creek lpm-Spm
7pm-Op m
8 Community Session (Métis) Dawson Creek lOam-5pm
9 General Session Peace River 9am-l2pm
9 Topic-Specific Session: Aquatic and Peace River 1:3Opm-5:3OpmDownstream Environment
10 Topic-Specific Session: Aquatic and Peace River 9am-l2pmDownstream Environment 1:3Opm-5:3Opm
11 Topic Specific Session: Atmospheric Fort St. John lpm-SpmEnvironment
1213 Topic-Specific Session: Aquatic Fort St. John gam-l2pm
Environment 1:3Opm-5:3Opm
14 Topic-Specific Session: Vegetation Fort St. John 9am-l2pm
1:3Opm-5:3Opm
15-16 Topic-Specific Session: Wildlife Fort St. John 9am-l2pm
1:3Opm-5:3Opm
17 Topic-Specific Session: Asserted or Fort St. John 9am-12pmEstablished Aboriginal Rights and Treaty 1:3Opm-5:3OpmRights
18 Topic-Specific Session: Regional Fort St. John 9am-l2pmDevelopment 1:3Opm-5:3Opm
19
20-22 Topic-Specific Session: Local and Socio- Fort St. John 9am-l2pmEconomic Environment 1:3Opm-5:3Opm
23 Responses to undertakings Fort St. John 9am-l2pm