sept 2013 rural affairs agenda

107
1 Rural Affairs Committee Meeting Open Meeting Agenda Date: Wednesday, September 11, 2013 Time: 10:30 am Location: RDCK Board Room, 202 Lakeside Dr., Nelson, BC Members: Director Andrew Shadrack Director Garry Jackman Director John Kettle Director Larry Binks Director Ramona Faust Director Ron Mickel Director Hans Cunningham Director Walter Popoff Director Gordon Zaitsoff Director Paul Peterson Director Andy Davidoff In Attendance: Sangita Sudan Joe Chirico Uli Wolf Angela Lund Director Hillary Elliott Brian Carruthers Directors will have the opportunity to participate in the meeting electronically. Proceedings are open to the public. Pages 1. CALL TO ORDER 2. ADOPTION OF THE AGENDA RECOMMENDATION: The agenda for the September 11, 2013 meeting be adopted as circulated.

Upload: angela-lund

Post on 23-Feb-2016

220 views

Category:

Documents


0 download

DESCRIPTION

 

TRANSCRIPT

Page 1: Sept 2013 Rural Affairs agenda

1

    

Rural Affairs Committee MeetingOpen Meeting Agenda

Date: Wednesday, September 11, 2013

Time: 10:30 am

Location: RDCK Board Room, 202 Lakeside Dr., Nelson, BC

Members: Director Andrew ShadrackDirector Garry JackmanDirector John KettleDirector Larry BinksDirector Ramona FaustDirector Ron MickelDirector Hans CunninghamDirector Walter PopoffDirector Gordon ZaitsoffDirector Paul PetersonDirector Andy Davidoff

In Attendance: Sangita SudanJoe ChiricoUli WolfAngela LundDirector Hillary ElliottBrian Carruthers

Directors will have the opportunity to participate in the meeting electronically. Proceedings areopen to the public.

Pages

1. CALL TO ORDER

2. ADOPTION OF THE AGENDA

RECOMMENDATION:The agenda for the September 11, 2013 meeting be adopted as circulated.

Page 2: Sept 2013 Rural Affairs agenda

2

3. DELEGATIONS

4. PLANNING & BUILDING

4.1 BUILDING BYLAW CONTRAVENTION - HILLSTEAD 8 - 11

File #: 3135-20-J-709-1459-046 BP63881113 Columbia Heights Street, Robson, BC(Kenneth Dwain Hillstead)Area J

i) The Committee Report dated August 9, 2013 from Lee Voykin,Building/Plumbing Official, re: Building Bylaw Contravention for propertylegally described as Lot 24, District Lot 301A, Kootenay District, Plan2692 (Hillstead), has been received.

RECOMMENDATION:The Secretary of the Regional District of Central Kootenay be directed tofile a Notice at the Land Title Office in Kamloops, British Columbia,stating that a resolution has been made under Section 57 of theCommunity Charter by the Regional District Board relating to land at1113 Columbia Heights Street, Robson, BC, Electoral Area J, currentlyowned by Kenneth Dwain Hillstead, legally described as Lot 24, DistrictLot 301A, Kootenay District, Plan 2692, and that further informationrespecting the resolution may be inspected at the. office of the RegionalDistrict of Central Kootenay on normal working days during regular officehours.

4.2 DEVELOPMENT VARIANCE PERMIT - DUMERAC 12 - 27

File #: 4270-20-V1308C-04055.1201415 Evans Road(Jacques Robat-Dumerac & Heidi Eichenberger)Area C

i) The Committee Report dated August 28, 2013 from Meeri Durand,Planning Manager, re: Development Variance Permit for property legallydescribed as Lot 12, District Lot 1005, Kootenay District, Plan 14651, PID

Page 3: Sept 2013 Rural Affairs agenda

3

010-386-670 (Dumerac & Eichenberger), has been received.

RECOMMENDATION:That a Development Variance Permit BE CONDITIONALLY GRANTEDPENDING RESOLUTION OF WATER LINE ISSUE to Jacques Robat-Dumerac and Heidi Eichenberger for property located at 1415 EvansRoad in Electoral Area C and legally described as Lot 12, District Lot1005, Kootenay District, Plan 14651 (PID 010-386-670) to vary Section605(1) of RDCK Zoning Bylaw 1675 in order to allow for the front lot linesetback for a proposed accessory building to be reduced from 7.5 metresto 3.9 metres, as measured from the leading edge of the roofline subjectto issuance of a setback permit from the Ministry of Transportation andInfrastructure.

4.3 DEVELOPMENT VARIANCE PERMIT - TURNER 28 - 47

File #: 4270-20-V1307F-06738.8603045 Keniris Road(Barry & Isis Turner)Area F

i) The Committee Report dated August 28, 2013 from Meeri Durand,Planning Manager, re: Development Variance Permit for property legallydescribed as Lot 3, District Lot 4396, Kootenay District, Plan NEP88028,PID 027-758-931 (Turner), has been received.

RECOMMENDATION:That a Development Variance Permit BE ISSUED to Barry and IsisTurner for property legally described as Lot 3, District Lot 4396, KootenayDistrict, Plan NEP88028 (PID 027-758-931) to vary Section 1001(9) ofRDCK Zoning Bylaw 1675 in order to allow for the maximum gross floorof an accessory building to be increased from 100 square metres to 185square metres and to vary Section 605(5) of RDCK Zoning Bylaw 1675 inorder to allow for the front lot line setback for the existing accessorybuilding to be reduced from 4.5 metres to 1.0 metres, as measured fromthe leading edge of the roofline subject to issuance of a building permitfor the placement of a modular home to establish a primary use of thesubject property and issuance of a setback permit from the Ministry of

Page 4: Sept 2013 Rural Affairs agenda

4

Transportation and Infrastructure.

4.4 FLOODPLAIN RELAXATION - BRAUSEN 48 - 89

File #: 4910-20-F1302A-01318.01013329 Highway 3A(Raymond & Faith Brausen)Area A

i) The Committee Report dated August 29, 2013 from Meeri Durand,Planning Manager, re: Floodplain Relaxation for property legallydescribed as Lot A, District Lot 197, Kootenay District, Plan NEP21228,PID 018-733-379 (Brausen), has been received.

RECOMMENDATION:That In accordance with Board Policy established by Resolution 08/05Recommendation 7, the Engineering Report prepared by Christopher G.Perdue, P.Eng., dated July 31st, 2013, submitted by Raymond Brausenand Faith Brausen in support of a Site Specific Relaxation BEACCEPTED as satisfying the requirements of Section 11.0 of FloodplainManagement Bylaw 2080, 2009.

That a Site Specific Exemption from RDCK Floodplain ManagementBylaw No. 2080, 2009 to reduce the required setback to Kootenay Lakeas specified under Schedule 'C' Floodplain Table from 15.0 metres fromthe natural boundary to 10.0 metres from the natural boundary asmeasured from Plan NEP21228 BE APPROVED for property located at13329 Highway 3A and legally described as Lot A, District Lot 197,Kootenay District, Plan NEP21228 (PID 018-733-379) SUBJECT TO thepreparation and registration by Raymond Brausen and Faith Brausen of arestrictive covenant under Section 219 of the Land Title Act in favour ofthe Regional District prescribed under Section 11.0 of Bylaw No. 2080,2009 with the report prepared by Christopher G. Perdue P. Eng., datedJuly 31st, 2013 to be attached and forming part of the registereddocument.

5. ENVIRONMENTAL SERVICES

Page 5: Sept 2013 Rural Affairs agenda

5

5.1 PURCHASE AWARD FOR FAUQUIER WATER TREATMENTEQUIPMENT

90 - 98

File #: 5700-RIO-20Fauquier Water Treatment Equipment - Purchase AwardArea K

i) The Committee Report dated August 29, 2013 from Jason McDiarmid,Utility Services Manager, re: Purchase Award For Fauquier WaterTreatment Equipment, has been received.

RECOMMENDATION:That the Board award Manz Engineering Ltd. $495,000 plus GST for theFauquier Water Treatment Plant project treatment plant equipmentsupplies.

6. COMMUNITY SERVICES

No Items

7. RURAL ADMINISTRATION

7.1 DISCUSSION ITEM - RURAL DIRECTOR AUTONOMY

Do Rural Directors have the same autonomy as Municipal Directors?

7.2 DISCUSSION ITEM - UBC RURAL DIRECTOR'S ASSOCIATION

Does the current structure of UBCM meet the needs of Rural Areas inBC? Should the RDCK Rural Directors advocate for the establishment ofa complementary entity such as a UBC Rural Director's Association tomore effectively represent Rural Areas?

RECOMMENDATION:

7.3 DISCUSSION ITEM - DRY STAND-PIPES 99 - 102

Establishment of dry stand-pipes throughout RDCK Rural Areas toprovide additional water sources for fire protection has broad-basedsupport and efficacy but attempting to obtain permission from diverse

Page 6: Sept 2013 Rural Affairs agenda

6

government agencies to install the same is a very difficult, laborious andunnecessarily expensive process.

i) An example of a Dry Stand-pipe permit from Director Andy Davidoff,has been received.

RECOMMENDATION:That the RDCK lobby appropriate government agencies and/or ministriesto stream-line the approval of dry stand-pipe installation by Rural FireServices.

7.4 DISCUSSION ITEM - FIRE PREVENTION WEEK 103 - 107

Chief Swan to provide verbal report.

It is respectfully recommended that the RDCK consider conducting a VFFRecruitment and Education Campaign during Fire Prevention Week(October 6-12, 2013) by running the attached radio spots on all localradio stations and sending out a blanket mailer/brochure containing theattached VFF "Did You Know" information with funding from one or moreof the following sources:

1. Participating Area Director Grant Functions2. Participating Area Fire Service Budgets3. General Administration4. Rural Administration

i) The draft of the Volunteer Fire Fighter brochure and mailer for FirePrevention Week, from Director Davidoff, has been received.

8. IN CAMERA

8.1 MEETING CLOSED TO THE PUBLIC

RECOMMENDATION:In the opinion of the Board - and, in accordance with Section 90 of theCommunity Charter - the public interest so requires that persons otherthan DIRECTORS, ALTERNTAE DIRECTORS, DELEGATIONS ANDSTAFF be excluded from the meeting;

Page 7: Sept 2013 Rural Affairs agenda

7

AND FURTHER, in accordance with Section 90 of the CommunityCharter, the meeting is to be closed on the basis(es) identified in thefollowing Subsections:

 90 (g) litigation or potential litigation

8.2 RECESS OF OPEN MEETING

RECOMMENDATION:The Open Meeting be recessed in order to conduct the Closed InCamera meeting.

9. ADJOURNMENT

RECOMMENDATION:The meeting be adjourned at ______

Page 8: Sept 2013 Rural Affairs agenda

8

Page 9: Sept 2013 Rural Affairs agenda

9

Page 10: Sept 2013 Rural Affairs agenda

10

Page 11: Sept 2013 Rural Affairs agenda

11

Page 12: Sept 2013 Rural Affairs agenda

12

Page 13: Sept 2013 Rural Affairs agenda

13

Page 14: Sept 2013 Rural Affairs agenda

14

Page 15: Sept 2013 Rural Affairs agenda

15

Page 16: Sept 2013 Rural Affairs agenda

16

Page 17: Sept 2013 Rural Affairs agenda

17

Page 18: Sept 2013 Rural Affairs agenda

18

Page 19: Sept 2013 Rural Affairs agenda

19

Page 20: Sept 2013 Rural Affairs agenda

20

Page 21: Sept 2013 Rural Affairs agenda

21

Page 22: Sept 2013 Rural Affairs agenda

22

Page 23: Sept 2013 Rural Affairs agenda

23

Page 24: Sept 2013 Rural Affairs agenda

24

Page 25: Sept 2013 Rural Affairs agenda

25

Page 26: Sept 2013 Rural Affairs agenda

26

Page 27: Sept 2013 Rural Affairs agenda

27

Page 28: Sept 2013 Rural Affairs agenda

28

Page 29: Sept 2013 Rural Affairs agenda

29

Page 30: Sept 2013 Rural Affairs agenda

30

Page 31: Sept 2013 Rural Affairs agenda

31

Page 32: Sept 2013 Rural Affairs agenda

32

Page 33: Sept 2013 Rural Affairs agenda

33

Page 34: Sept 2013 Rural Affairs agenda

34

Page 35: Sept 2013 Rural Affairs agenda

35

Page 36: Sept 2013 Rural Affairs agenda

36

Page 37: Sept 2013 Rural Affairs agenda

37

Page 38: Sept 2013 Rural Affairs agenda

38

Page 39: Sept 2013 Rural Affairs agenda

39

Page 40: Sept 2013 Rural Affairs agenda

40

Page 41: Sept 2013 Rural Affairs agenda

Regional District of Central Kootenay Zoning Bylaw No.1675, 2004

9 The maximum gross floor area of an accessory building or structure shall not exceed 100 square metres and the total gross floor area devoted to all accessory buildings and structures shall not exceed the cumulative gross floor area of all permitted dwellings.

10 Buildings and structures in the case of a lot that may be further subdivided, shall be sited so as to facilitate the further subdivision of the lot or adjacent lots.

11 Landscape screens or fences not exceeding a height of one (1) metre may be sited on any portion of a lot.

12 Fences not exceeding a height of two (2) metres may be sited to the rear of the front lot line setback or exterior side setback on a lot.

Page 49 of 118

41

Page 42: Sept 2013 Rural Affairs agenda

Bylaw No. 1926

Bylaw 2211

Bylaw 2211

Bylaw 2211

Regional District of Central Kootenay Zoning Bylaw No.1675, 2004

as to allow property owners to legitimize the structure as long as no lot is reduced in site area.

5 A reduction of the minimum lot size for a single lot for subdivision within any Agricultural zone shall be permitted subject to:

604

- the lot being no smaller than 0.4 hectares in area; and - where the lot is serviced by a community water system; and - where the remainder of the lot is consolidated with an adjacent property that has an agricultural tax assessment from the British Columbia Assessment Authority or is within the ALR or created under Section 946 of the Local Government Act.

1 Unless Sub-section 2 applies, all subdivisions shall comply with the provisions of the Local Services Act and the Subdivision Regulations thereto.

2 Despite Sub-section 1, all subdivisions shall be in full compliance with any Regional District of Central Kootenay Subdivision Bylaw currently in effect for the area.

3 All subdivisions shall comply with the Drinking Water Protection Act, the Health Act and the Waste Management Act.

605

1 Unless otherwise stated, no principal or accessory building or structure except a fence may be located within 7.5 metres of a front or exterior side lot line or within 1.5 metres of any other lot line. Lands subject to Schedule 'D" (Boswell, portion of Electoral Area 'A') for lots on the Kootenay Lake side of Highway 3A shall be permitted a 3 metre setback from front or exterior side lot line due to general topographical constraints, subject to approval by the Ministry of Transportation and Infrastructure.

2 Despite Sub-section 1, on all lots adjacent to land zoned Agriculture, a minimum of a ten (1 0) metre setback shall be required from any portion of the Agricultural Land Reserve boundary.

3 Unless otherwise stated, no portable sawmill may be located within 100 metres from a property line. In Schedule 'D' (Boswell portion of Electoral Area 'A') this is reduced to 10 meters from a property line.

4 Despite Sub-section 1, on all lots having a residential zone and are less than 0. 2 hectares in area, the minimum setback to front or exterior lot lines shall be 4.5 metres, with the exception of Schedule 'D' (Boswell portion of Electoral Area 'A') for lots on the Kootenay Lake side of Highway 3A that

Page 26 of 118

42

Page 43: Sept 2013 Rural Affairs agenda

Bylaw2225

Regional District of Central Kootenay Zoning Bylaw No.1675, 2004

shall be permitted a 3 meter setback from front or exterior side lot lines due to general topographical constraints, subject to approval by the Ministry of Transportation and Infrastructure.

5 Despite Sub-section 1, for all of Electoral Area F, unless otherwise stated in the zone, no principal or accessory building or structure except a fence may be located within 4.5 metres of a front or exterior side lot line or within 1.5 metres of any other lot line.

Setback Exceptions

606

1 Where the top surface of an underground structure projects no more than 0.6 metre above the average finished ground elevation, that structure may be sited in any portion of a lot.

2 Freestanding lighting poles, warning devices, antennae, masts, solar collectors, utility poles, wires, flagpoles, up to ten (1 0) metres in height may be sited on any portion of a lot.

3 Where chimneys, cornices, leaders, gutters, pilasters, belt courses, sills, bay windows, or ornamental features project beyond the face of the building, the minimum distance to an abutting lot line as permitted elsewhere in this bylaw may be reduced by not more than 0.6 metre providing such reduction shall apply only to the projecting feature.

4 Where steps, eaves, sunlight control projections, canopies, balconies, or porches project beyond the face of a building, the minimum distance to an abutting front lot line as permitted elsewhere in this bylaw may be reduced by not more than 1.2 metres and the minimum distance to an abutting site lot line or rear lot line as permitted elsewhere in this bylaw may be reduced by not more than 0.6 metre provided such reduction shall apply only to the projecting feature.

Home Based Businesses

607 A Home Based Business, where permitted, is subject to the requirements that:

1 The activity shall be conducted in a dwelling unit or accessory building;

2 The floor area devoted to the Home Based Business shall not exceed 100 square metres on any R 1, R2, R3, R5, R~, C5 and AG zoned lot;

3 The floor area devoted to the Home Based Business shall not exceed 200 square metres on any lot in the R4 zone;

4 No more than two (2) persons who are not a resident of the dwelling may be employed in the Home Based Business in on any R1, R2, R3, R6, C5 and AG zoned lot.

Page 27 of 11 8

43

Page 44: Sept 2013 Rural Affairs agenda

44

Page 45: Sept 2013 Rural Affairs agenda

45

Page 46: Sept 2013 Rural Affairs agenda

46

Page 47: Sept 2013 Rural Affairs agenda

47

Page 48: Sept 2013 Rural Affairs agenda

48

Page 49: Sept 2013 Rural Affairs agenda

49

Page 50: Sept 2013 Rural Affairs agenda

50

Page 51: Sept 2013 Rural Affairs agenda

51

Page 52: Sept 2013 Rural Affairs agenda

52

Page 53: Sept 2013 Rural Affairs agenda

53

Page 54: Sept 2013 Rural Affairs agenda

54

Page 55: Sept 2013 Rural Affairs agenda

55

Page 56: Sept 2013 Rural Affairs agenda

56

Page 57: Sept 2013 Rural Affairs agenda

57

Page 58: Sept 2013 Rural Affairs agenda

58

Page 59: Sept 2013 Rural Affairs agenda

59

Page 60: Sept 2013 Rural Affairs agenda

60

Page 61: Sept 2013 Rural Affairs agenda

61

Page 62: Sept 2013 Rural Affairs agenda

62

Page 63: Sept 2013 Rural Affairs agenda

63

Page 64: Sept 2013 Rural Affairs agenda

64

Page 65: Sept 2013 Rural Affairs agenda

65

Page 66: Sept 2013 Rural Affairs agenda

66

Page 67: Sept 2013 Rural Affairs agenda

67

Page 68: Sept 2013 Rural Affairs agenda

68

Page 69: Sept 2013 Rural Affairs agenda

69

Page 70: Sept 2013 Rural Affairs agenda

70

Page 71: Sept 2013 Rural Affairs agenda

71

Page 72: Sept 2013 Rural Affairs agenda

72

Page 73: Sept 2013 Rural Affairs agenda

73

Page 74: Sept 2013 Rural Affairs agenda

74

Page 75: Sept 2013 Rural Affairs agenda

75

Page 76: Sept 2013 Rural Affairs agenda

76

Page 77: Sept 2013 Rural Affairs agenda

77

Page 78: Sept 2013 Rural Affairs agenda

78

Page 79: Sept 2013 Rural Affairs agenda

79

Page 80: Sept 2013 Rural Affairs agenda

80

Page 81: Sept 2013 Rural Affairs agenda

81

Page 82: Sept 2013 Rural Affairs agenda

82

Page 83: Sept 2013 Rural Affairs agenda

83

Page 84: Sept 2013 Rural Affairs agenda

84

Page 85: Sept 2013 Rural Affairs agenda

85

Page 86: Sept 2013 Rural Affairs agenda

86

Page 87: Sept 2013 Rural Affairs agenda

87

Page 88: Sept 2013 Rural Affairs agenda

88

Page 89: Sept 2013 Rural Affairs agenda

89

Page 90: Sept 2013 Rural Affairs agenda

90

Page 91: Sept 2013 Rural Affairs agenda

91

Page 92: Sept 2013 Rural Affairs agenda

92

Page 93: Sept 2013 Rural Affairs agenda

93

Page 94: Sept 2013 Rural Affairs agenda

94

Page 95: Sept 2013 Rural Affairs agenda

95

Page 96: Sept 2013 Rural Affairs agenda

96

Page 97: Sept 2013 Rural Affairs agenda

97

Page 98: Sept 2013 Rural Affairs agenda

98

Page 99: Sept 2013 Rural Affairs agenda

Permit/File Number: 2010-04019 Office: West Kootenay District

Page 1 of 4

PERMIT TO CONSTRUCT, USE, AND MAINTAIN WORKS WITHIN THE RIGHT-OF-WAY OF A PROVINCIAL PUBLIC HIGHWAY PURSUANT TO TRANSPORTATION ACT AND/OR THE INDUSTRIAL ROADS ACT AND/OR THE MOTOR VEHICLE ACT AND/OR AS DEFINED IN THE NISGA'A FINAL AGREEMENT AND THE NISGA'A FINAL AGREEMENT ACT. BETWEEN:

The Minister of Transportation and Infrastructure

West Kootenay District 310 Ward Street

Nelson, BC V1L 5S4 Canada

(“The Minister”)

AND:

Regional District of Central Kootenay 202 Lakeside Drive

Box 590 Nelson, British Columbia V1L 5R4

Canada

(“The Permitee”)

WHEREAS:

A. The Minister has the authority to grant permits for the auxiliary use of highway right of way, which authority is pursuant to both the Transportation Act and the Industrial Roads Act, the Motor Vehicle Act, as defined in the Nisga'a Final Agreement and the Nisga'a Final Agreement Act;

B. The Permittee has requested the Minister to issue a permit pursuant to this authority for the following purpose:

The installation, operation, and maintenance of an access road and a dry hydrant (standpipe) within McHardy Rd, Shoreacres (vicinity of 896 McHardy Rd), as shown on drawing submitted with application received on July 20, 2010.

C. The Minister is prepared to issue a permit on certain terms and conditions;

ACCORDINGLY, the Minister hereby grants to the Permittee a permit for the Use (as hereinafter defined) of highway right of way on the following terms and conditions:

1. That the construction and maintenance of the said works is carried out to the satisfaction of the Regional Director, Transportation.

2. That, before opening up any highway or interfering with any public work, intimation in writing of the intention to do so must be given to the District Official at least seven days before the work is begun.

3. That any person appointed by the Regional Director, Transportation, for the purpose shall have free access to all parts of the works for the purpose of inspecting the same.

4. That the construction of the said works shall be commenced on or before the 21st of October 2010 and shall be prosecuted with due diligence and to the satisfaction of the Regional Director, Transportation, and shall be completed on or before the 21st of October 2011.

5. (a) The highway must at all times be kept open to traffic. The roadway must be completely restored for traffic as soon as possible. At all times the permittee must safeguard the traveling public.

(b) All excavation work must be carried out in accordance with the BC Occupational Health and Safety Regulation. Care shall be

99

Page 100: Sept 2013 Rural Affairs agenda

Permit/File Number: 2010-04019 Office: West Kootenay District

Page 2 of 4

taken to protect adjacent property.

(c) That all excavations shall be carefully back-filled with suitable material, which is to be tamped into place, and that the permittee shall restore the surface of the road and shoulders and ditches at his own expense. All surplus material is to be removed from the Provincial Crown lands, or deposited where and as required by the District Official of the Ministry of Transportation and Infrastructure.

6. That where the work for which permission is hereby granted comes in contact with any bridge, culvert, ditch, or other existing work, such existing work must be properly maintained and supported in such manner as not to interfere with its proper function during the construction of the new work, and on the completion of the new work the bridge, culvert, ditch, or other existing work interfered with shall be completely restored to its original good condition.

7. That when necessary all excavations, materials, or other obstructions are to be efficiently fenced, lit, and watched, and at all times every possible precaution is to be taken to ensure the safety of the public.

8. That the person or persons for whom these works are being constructed, or by whom these works are maintained, shall at all times accept full responsibility for any accident that may occur or damage that may be done to any person or property whatsoever caused directly or indirectly by these works, and shall save harmless and keep indemnified the Crown from all claims and demands whatsoever in respect of the works.

9. That the permission herein granted to use and maintain the works is only granted for such times as the land or public work in, upon, or over which the said works are constructed is under the jurisdiction of the Minister of Transportation and Infrastructure. This permission is not to be construed as being granted for all time, and shall not be deemed to vest in the permittee any right, title or interest whatsoever in or to the lands upon which the works are constructed. Should the lands affected at any time be included within that of an incorporated municipality or city, this permission shall become void, unless the works are on a highway duly classified as an arterial highway pursuant to Section 45 of the Transportation Act.

10. That after receiving notice in writing of the intention on the part of the Provincial Government to construct, extend, alter, or improve any public work, the person or persons responsible for the maintenance of the works for which permission is hereby granted shall within six weeks move or alter such work at his or their own expense to such new positions or in such manner as may be necessitated by the construction, extension, alteration, or improvement proposed to be carried out by the Provincial Government.

11. That while reasonable care will be taken on the part of the Provincial Government to do as little damage as possible to any private work in the carrying-out of the construction, extension, alterations, improvement, repair, or maintenance of any public work adjacent thereto, the Provincial Government can accept no responsibility for any kind of such damage.

12. That the permission hereby granted to construct, use, and maintain work is granted without prejudice to the provisions of the Transportation Act, or other Acts governing Crown lands and public works or their use by the public.

13. That this permission shall be in force only during such time as the said works are operated and maintained by the applicants, to the entire satisfaction of the Regional Director, Transportation.

14. That the Ministry will not be responsible for grade changes on accesses caused by reconstruction of any Provincial highway.

15. This permit is valid only for the specific works stated herein. Any alterations or additions must be covered by a separate permit.

16. This permit may be canceled, at the discretion of the Minister, without recourse, should the permittee fail to comply with all the terms of the permit. Thirty days notice will be given before cancellation.

17. When the requirements of the Ministry necessitate use of the said lands for Provincial purposes, at the discretion of the Minister, this permit may be cancelled.

18. That these works shall be identified with this permit number in a manner satisfactory to the District Official of the Ministry of Transportation and Infrastructure.

19. As a condition of this permit, the permittee unconditionally agrees with the Ministry of Transportation and Infrastructure that the permittee is the prime contractor for the purposes of the work described by this permit, at the work location described in this permit, and that the permittee will observe and perform all of the duties and obligations which fall to be discharged by the prime contractor pursuant to the Workers Compensation Act and the Occupational Health and Safety Regulation.

20. The permittee is advised and acknowledges that the following hazards may be present at the work location and need to be considered in co-ordinating site safety: overhead hazards, particularly electrical or telecommunications lines; buried utilities, particularly electrical, telecommunication, and gas lines; traffic, danger trees, falling rocks, and sharp or infectious litter.

21. Any works within the Ministry right-of-way that fall within the scope of "engineering" under the Engineers and Geoscientists Act will be performed by a Professional Engineer, and shall comply with this Ministry's "Engineer of Record and Field Review Guidelines". The Guidelines can be viewed on the Ministry's website at http://www.th.gov.bc.ca/publications/Circulars/All/T_Circ/2009/t06-09.pdf

22. The permittee is responsible for preventing the introduction and spread of noxious weeds on the highway right-of-way as defined

100

Page 101: Sept 2013 Rural Affairs agenda

Permit/File Number: 2010-04019 Office: West Kootenay District

Page 3 of 4

by the British Columbia Weed Control Act and Weed Control Regulation.

23. The works comprised in this permit shall be placed and maintained in such position within the limits of the public highway right-of-way as may be approved by the Regional Director, Transportation of the Ministry of Transportation & Infrastructure in writing. The dry hydrant shall be placed close to the edge of the right-of-way to ensure the possibility of future vehicular access via the right-of-way.

24. All Permittees, utilities and their contractors must follow standards and procedures set out in the Ministry's Traffic Control Manual for Work on Roadways.

a) The highway shall remain open to vehicular traffic at all times. At all times the Permittee must safeguard the travelling public.

b) Once disturbed, a roadway will be restored for vehicular traffic movement without delay.

c) Traffic delays shall not exceed ten (10) minutes.

d) All traffic control costs shall be borne by the Permittee.

25. All work on Highway right-of-way shall be during regular hours of operation, Monday to Friday, 8:00 - 4:30, except statutory holidays.

26. The permittee shall obtain and maintain during the term of this permit and at the permitee's own expense, liability insurance against third party claims arising as a result of the works consented to in this permit from the permittee working within Ministry right-of-way. Such liability insurance shall have coverage limits of not less than TWO MILLION DOLLARS ($2,000,000.00) for bodily injury, including death and property damage and shall be endorsed as follows:

"It is understood and agreed that Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister of Transportation, together with the employees, agents and servants of the Minister, hereinafter referred to as the Additional Named Insured as an Additional Named Insured."

The policy shall contain a cross liability clause and a clause giving notice of cancellation or material alteration to the Minister.

27. Permittee must confirm that the equipment they are using on the public road is in compliance with ICBC Compliance Operations - Cranbrook Office (phone: 1-800-559-9688. The Ministry will require a copy of any permit or approval issued by ICBC.

28. If the Permittee violates any of the conditions of this Permit, the Permittee shall remedy the violation as expeditiously as possible in accordance with any direction which the Minister may give. In the event of a default, the Minister shall give notice to the Permittee requiring that the default be rectified within a reasonable period, having regard to all the circumstances. Failing rectification within the period of notice, the Minister may, but shall not be obligated to, remedy the default and the reasonable cost and expenses thereof shall be recoverable against the Permittee.

29. Utility and/or field construction crews must have in their possession a copy of this permit, complete with location plans and any revisions.

30. The Permittee may not remove gravel, timber, stone, and/or other materials off Ministry right-of-way for construction of said works, without prior permission from the Ministry Representative.

31. All existing drainage channels must be maintained with a minimum 450 mm diameter corrugated steel pipe. No new channels shall be created.

32. The Permittee and future Permittees shall have the sole responsibility of maintaining this 7-metre-wide, 22 m long access as approved. The access shall be constructed to residential driveway standards (guidelines attached).

33. The access shall have suitable surface materials to ensure that tracking of mud and debris onto the paved portion of McHardy Road does not occur.

34. The Permittee shall construct a turnaround at the east end of the proposed access road. A plan showing the design of the turnaround shall be submitted to the Ministry of Transportation Development Technician for approval prior to construction.

35. The access road will be constructed on public right-of-way and as such shall be open to the unrestricted use of the public. Directional signs will be permitted. Signage indicating private property or private access is not permitted. No gating of the access or restricting access is permitted on the right-of-way.

36. The amount of timber cut to construct the driveway shall be limited to a minimum. Only timber within the constructed area shall be removed.

37. The construction of your access or road may require merchantable timber being removed from the right-of-way or Crown property. Should any amount of merchantable timber be removed from the right-of-way or Crown property the following must occur:

The applicant must, 5 days prior to the commencement of harvesting operations, notify the office of the District Manager at the Kootenay Lake Forest District. Minimum information should include a map showing the location of harvest area, approximate

101

Page 102: Sept 2013 Rural Affairs agenda

Permit/File Number: 2010-04019 Office: West Kootenay District

Page 4 of 4

volume, and species types.

Any timber cut within the right-of-way or Crown lands must be decked in such a way that a self loading logging truck may access this wood at the completion of operations.

The applicant shall inform the office of the District Manager at the Kootenay Lake Forest District of the completion of harvesting operations on the right-of-way or Crown lands. Skidding and decking of the timber shall constitute completion of harvesting operations.

The office of the District Manager at the Kootenay Lake Forest District, will inform the applicant as to the method of selling or transporting the timber for utilization. This information will be available after the notification of commencement is received. Notifications may be sent to Kootenay Lake Forestry Centre, 1907 Ridgewood Rd, Nelson, BC, V1L 6K1, or by fax at 250-825-9657. For general information please contact the Small Scale Salvage Coordinator at 250-825-1100.

38. The Permittee shall remove, pile and burn or chip all slash, trees, and tree limbs from the road allowance prior to the completion date.

39. The Permittee shall obtain approval from the Ministry of Forests & Range with regard to venting regulations before any burning takes place.

40. Permittee shall be responsible for locating and for any damage to other works within highway right-of-way.

41. The Permittee shall determine the location of highway right-of-way to ensure their permitted work is within Ministry jurisdiction. The Permittee is responsible for all trespass issues.

42. Access should be constructed near the center of the right-of-way or in a location within the right-of-way that will allow a future road along the right-of-way to replace the permitted access if eventually constructed.

43. Permittee shall consult with and advise the adjacent landowners of the intent to construct access on the right-of-way, and of any temporary road/access closure 48 hours in advance of any proposed construction.

44. The Ministry of Transportation & Infrastructure contact person is Catherine Littlewood, A/Assistant Development Technician – 250-354-6400.

The rights granted to the Permittee in this permit are to be exercised only for the purpose as defined in Recital B on page 1. Dated at Nelson , British Columbia, this 20 day of October , 2010

Catherine Littlewood

On Behalf of the Minister

102

Page 103: Sept 2013 Rural Affairs agenda

Fire Prevention Week/October 6 - 12, 2013

Fire Prevention Week was established to commemorate the devastating Chicago fire on Oct. 9, 1871 in

which more than 250 people died, 100,000 were left homeless, destroyed more than 17,400 structures

and burned more than 2,000 acres.

The fire changed the way that firefighters and public officials in North America think about fire prevention and fire safety. The Fire Marshals Association of North America (today known as the International Fire

Marshals Association), decided that the anniversary of the Chicago fire should be observed in a way to educate the public about the importance of fire prevention.

Fire Prevention Week was proclaimed in Canada in 1919 to commemorate the Chicago blaze, as well as a major fire that destroyed the Centre Block of the Parliament buildings in Ottawa on February 3, 1916.

Fire Prevention Week/RDCK VFF Recruitment Radio Ads & VFF "Did You Know" Mailer

It is respectfully recommended that the RDCK consider conducting a VFF Recruitment and Education

Campaign during Fire Prevention Week (October 6-12, 2013) by running the attached radio spots on all local radio stations and sending out a blanket mailer/brochure containing the attached VFF "Did You

Know" information with funding from one or more of the following sources:

1. Participating Area Director Grant Functions 2. Participating Area Fire Service Budgets

3. General Administration

4. Rural Administration

103

Page 104: Sept 2013 Rural Affairs agenda

Did You Know?

1.3. That your local Volunteer Fire Depart-

ment constantly needs to recruit volun-

teers to replace members who retire or

move to another community?

14. That your local Volunteer Fire Depart-

ment needs your help right now?

Please contact your local RDCK Volunteer Fire Department to see how you can help your communi-ty: Balfour/Harrop Fire Department: [email protected] 250-229-4316 Beasley Fire Department : [email protected] 250-359-7535 Blewett Fire Department: [email protected] 250-354-1004

Canyon/Lister Fire Department: [email protected] 250-428-7777

Crescent Valley Fire Department: [email protected] 250-359-7353

Did You Know?

What our Volunteer Fire Fighters

Do For All of Us And That They

Need Our Help

North Shore Fire Department : [email protected] 250-825-9434

Ootischenia Fire Department: [email protected] 250-365-4928

Pass Creek Fire Department: [email protected] 250-365-3722

Passmore Fire Department : [email protected] 250-226-7545

Riondel Fire Department: [email protected] 250-225-3230

Robson/Raspberry Fire Department: [email protected] 250- 365-6065

Slocan Fire Department : [email protected] 250-355-2945

Tarrys Fire Department: [email protected] 250-399-4100

Winlaw Fire Department: [email protected] 250-226-7353

Wynndel/Lakeview Fire Department: [email protected] 250-866-5212

Yahk Kingsgate Fire Department: [email protected] 250-424-5525

Ymir Fire Department: [email protected] 250-

357-9405

104

Page 105: Sept 2013 Rural Affairs agenda

1. There are over 10,000 volunteer fire-

fighters in BC and over 70% of fire-

fighters in BC are volunteers?

2. 75% of BC’s Fire Departments are run

by volunteers?

3. Volunteer fire-fighters save BC tax-

payers approximately $70,000,000 to

$90,000,000 per year because they don’t

get paid?

4. Volunteer fire-fighters

save BC residents hun-

dreds of millions of dol-

lars in home and busi-

ness insurance costs in

rural areas?

5. Volunteer Fire Departments create in-

frastructure; provide community safety;

attract new residents/businesses; provide

opportunities for team-building, leadership,

interpersonal skills, friendship, and per-

sonal growth; and, they strengthen, enrich,

support, and improve our communities?

Did You Know?

6. Volunteer fire-fighters miss birthdays, anni-

versaries, graduations, Xmas mornings and

family dinners to protect us?

7. Volunteer fire-fighters educate our children

and can provide FireSmart and Learn Not To

Burn programs?

8. Volunteer fire-fighters are dedicated con-

tributors who provide powerful, meaningful,

selfless services to our communities and raise

money for local and provincial charities?

9. Volunteer fire-fighters are provided with

insurance coverage through WorkSafe BC, 24

hour accident insurance coverage and

$100,000 life insurance in case of accidental

death and all required personal protective

equipment and training, so there are no out of

pocket costs to be a firefighter.

Did You Know?

10. The federal government provides tax

credits to Volunteer fire-fighters who

serve or are on standby for 200 hours per

year. The tax credit is available in two ways

$1000 for those that receive some form of

compensation for their service (paid on-

call or stipend) or $3000 for those who

receive no compensation at all.

11. The RDCK reimburses some VFFs for lost

wages during their attendance at calls.

12.There are 17 Volunteer Fire Departments

in the RDCK that need you and your support

to continue to provide all of the above?

What would you do if you had a fire

or an accident and nobody came?

Did You Know?

105

Page 106: Sept 2013 Rural Affairs agenda

RDCK Volunteer Firefighter Recruitment & Retention Appreciation & Incentive Campaign

Draft Content For Mailer/Brochure

To Be Mailed During Fire Prevention Week October 6-12, 2013

“Did You Know”

1. There are over 10,000 volunteer fire-fighters in BC and over 70% of fire-fighters

in BC are volunteers?

2. 75% of BC’s Fire Departments are run by volunteers?

3. Volunteer fire-fighters save BC tax-payers approximately $70,000,000 to $90,000,000 per year because they don’t get paid?

4. Volunteer fire-fighters save BC residents hundreds of millions of dollars in home and business insurance costs in rural areas?

5. Volunteer Fire Departments create infrastructure; provide community safety; attract new residents/businesses; provide opportunities for team-building, leadership, interpersonal skills, friendship, and personal growth; and, they strengthen, enrich, support, and improve our communities?

6. Volunteer fire-fighters miss birthdays, anniversaries, graduations, Xmas mornings and family dinners to protect us?

7. Volunteer fire-fighters educate our children and provide FireSmart and Learn Not To Burn programs?

8. Volunteer fire-fighters are dedicated contributors who provide powerful, meaningful, selfless services to our communities and raise money for local and provincial charities?

9. Volunteer fire-fighters are provided with insurance coverage through WorkSafe BC, 24 hour accident insurance coverage and $100,000 life insurance in case of accidental death and all required personal protective equipment and training, so there are no out of pocket costs to be a firefighter.

106

Page 107: Sept 2013 Rural Affairs agenda

10. The federal government provides tax credits to Volunteer fire-fighters who serve or are on standby for 200 hours per year. The tax credit is available in two ways - $1000 for those that receive some form of compensation for their service (paid on-call or stipend) or $3000 for those who receive no compensation at all.

11. The RDCK reimburses VFF’s for lost wages during their attendance at calls.

12. There are 17 Volunteer Fire Departments in the RDCK that need you and your support to continue to provide all of the above?

13. What would you do if you had a fire or an accident and nobody came?

Please contact your local volunteer fire department to see how you can help your community: (List of all RDCK VFDs and contact information)

107